Common use of Pre-Suspension or Pre-Termination Conference Clause in Contracts

Pre-Suspension or Pre-Termination Conference. Prior to the imposition of a suspension or a termination, the Employer shall give written notice of a pre-disciplinary conference to the affected employee and the Labor Council. The written notice shall set forth the recommended disciplinary action, a statement of the acts or omissions of the employee giving rise to the discipline and the date, time and place of the conference. The conference will be held at a location determined by the Employer. The conference shall be scheduled no earlier than three (3) calendar days following the notice to the employee. Failure to appear at the conference will result in a waiver of the right to a conference. An employee or his/her representative may make a written request for a continuance of up to 48 hours. A continuance shall not be unreasonably requested or denied. The parties may mutually agree to a continuance longer than 48 hours. The employee may be represented at the conference by a Labor Council Associate or representative. The Employer shall present the reasons for the proposed disciplinary action. The employee shall then be afforded an opportunity to respond to the charges and to present reasons why discipline should not be imposed. Within 14 calendar days after the conference, the Employer shall notify the employee and the Labor Council Associate of the final disposition of the matter. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute for the grievance and arbitration procedure. The pre-disciplinary conference may be recorded only upon mutual agreement of all the participants. The Employer may obtain additional time to notify the employee and the Labor Council Associate of the final disposition of the matter by making a request of an extension of that time to the Labor Council Associate which will not be unreasonably denied.

Pre-Suspension or Pre-Termination Conference. Prior When the Appointing Authority plans to the imposition of initiate a suspension suspension, fine, termination or demotion, a termination, the Employer shall give written notice of a pre-disciplinary conference shall be given to the affected employee who is the subject of the pending discipline and to the Labor CouncilOEA/LRC. The written Written notice shall set forth the recommended disciplinary action, include a statement of the acts or omissions of charges against the employee giving rise to the discipline employee, contemplated disciplinary action, and the date, time and place of the conference. The conference will be held at a reasonably convenient location determined by the Employer. The conference Employing Agency and shall be scheduled no earlier than three (3) calendar days following the notice notification to the employee. Failure to appear at the conference will result in At work facilities having no designated site representative, employees may request through supervisor that a waiver of the right fellow employee accompany him/her to a scheduled pre-disciplinary conference. An employee may request that a representative designated by the Association be present at the conference. The OEA LRC or other Association representative will represent the employee. The employee, or his/her representative Association representative, may make a written request to the Employing Agency for a continuance of up to 48 forty-eight (48) hours. A Such continuance shall not be unreasonably requested or denied. The parties A continuance beyond forty-eight (48) hours may mutually agree to a continuance be arranged by mutual agreement, but in no case longer than 48 hourssixty (60) days. In the event an employee refuses or fails to attend a pre-disciplinary meeting, an Association representative shall represent the employee. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of the Association representative and Employing Agency representative or designee. Failure of the employee may be represented at the conference by a Labor Council Associate or representative. The Employer shall present the reasons for the proposed disciplinary action. The employee shall then be afforded an opportunity to respond to the charges and to present reasons why discipline should offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from this meeting shall not be imposedchallengeable on the basis of the employee’s absence or lack of participation. Within 14 calendar days after Prior to the conference, the Employer shall notify Employing Agency may take temporary action to reassign the duties of the affected employee or place the employee and the Labor Council Associate on administrative leave until final disposition. Such action may not be unreasonable in duration or result in loss of the final disposition of the matter. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute pay for the grievance employee involved and arbitration procedureshall not constitute discipline under this Article. The pre-disciplinary conference may shall be recorded only upon mutual agreement conducted by a designee of the Appointing Authority who is not directly associated with the incident(s) which led to contemplated disciplinary action against the employee. At the conference, the employee shall be provided with all documents used to support the participantspossible disciplinary action which are known of and available at that time. Documents which are not known or available at the time of the hearing shall be provided to the Association for examination prior to the issuance of a written decision. The Employer may obtain additional time Association will have ten (10) days to notify examine the new documentation and provide a written response to the Employer. The employee and may, but is not required to, respond to the Labor Council Associate allegations or present his/her side of the final disposition of the matter by making story. The Appointing Authority, or designee, shall issue a request of an extension of that time to the Labor Council Associate which will not be unreasonably denied.written decision within forty-five

Pre-Suspension or Pre-Termination Conference. Prior When the Appointing Authority plans to the imposition of initiate a suspension suspension, fine, termination or demotion, a termination, the Employer shall give written notice of a pre-disciplinary conference shall be given to the affected employee who is the subject of the pending discipline and to the Labor CouncilOEA/LRC. The written Written notice shall set forth the recommended disciplinary action, include a statement of the acts or omissions of charges against the employee giving rise to the discipline employee, contemplated disciplinary action, and the date, time and place of the conference. The conference will be held at a reasonably convenient location determined by the Employer. The conference Employing Agency and shall be scheduled no earlier than three (3) calendar days following the notice notification to the employee. conference. The OEA LRC or other Association representative will represent the employee. The employee, or his/her Association representative, may make a written request to the Employing Agency for continuance of up to forty-eight (48) hours. Such continuance shall not be unreasonably requested or denied. A continuance beyond forty-eight (48) hours may be arranged by mutual agreement, but in no case longer than sixty (60) days. In the event an employee refuses or fails to attend a pre-disciplinary meeting, an Association representative shall represent the employee. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of the Association representative and Employing Agency representative or designee. Failure of the employee to respond to the offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from this meeting shall not be challengeable on the basis of the employee’s absence or lack of participation. Prior to the conference, the Employing Agency may take temporary action to reassign the duties of the affected employee or place the employee on administrative leave until final disposition. Such action may not be unreasonable in duration or result in loss of pay for the employee involved and shall not constitute discipline under this Article. The pre-disciplinary conference shall be conducted by a designee of the Appointing Authority who is not directly associated with the incident(s) which led to contemplated disciplinary action against the employee. At the conference, the employee shall be provided with all documents used to support the possible disciplinary action which are known of and available at that time. Documents which are not known or available at the time of the hearing shall be provided to the Association for examination prior to the issuance of a written decision. The Association will have ten (10) days to examine the new documentation and provide a written response to the Employer. The employee may, but is not required to, respond to the allegations or present his/her side of the story. The Appointing Authority, or designee, shall issue a written decision within forty-five (45) work days after the conclusion of the conference and transmit the written notification to the employee and the OEA LRC. “Work days” refers to Monday through Friday excluding legal holidays. Times shall be computed by excluding the first and including the last day. In the event that additional documentation has been identified and forwarded to the Association, the timeline on the written decision by the Employer may be extended by the ten (10) days during which the Association will examine and respond to the new evidence. The forty-five (45) work day requirement will not apply in cases where a criminal investigation occurs and the Appointing Authority decides not to make a decision on the discipline until after disposition of the criminal charges. The employee may waive this conference by written notification. Absent extenuating circumstances, failure of the affected employee to appear at the conference will result in a waiver of the that employee’s right to a conference. An employee or his/her representative may make a written request for a continuance of up to 48 hours. A continuance shall not be unreasonably requested or denied. The parties may mutually agree to a continuance longer than 48 hours. The employee may be represented at the conference by a Labor Council Associate or representative. The Employer shall present the reasons for the proposed disciplinary action. The employee shall then be afforded an opportunity to respond to the charges and to present reasons why discipline should not be imposed. Within 14 calendar days after the conference, the Employer shall notify the employee and the Labor Council Associate of the final disposition of the matter. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute for the grievance and arbitration procedure. The pre-disciplinary conference may be recorded only upon mutual agreement of all the participants. The Employer may obtain additional time to notify the employee and the Labor Council Associate of the final disposition of the matter by making a request of an extension of that time to the Labor Council Associate which will not be unreasonably denied.

Pre-Suspension or Pre-Termination Conference. Prior to the imposition of a suspension or a termination, the Employer shall give written notice of a pre-disciplinary conference to the affected employee and the Labor Council. The written notice shall set forth the recommended disciplinary action, a statement of the acts or omissions of the employee giving rise to the discipline and the date, time and place of the conference. The conference will be held at a location determined by the Employer. The conference shall be scheduled no earlier than three (3) calendar days following the notice to the employee. Failure to appear at the conference will result in a waiver of the right to a conference. An employee or his/her representative may make a written request for a continuance of up to 48 forty-eight (48) hours. A continuance shall not be unreasonably requested or denied. The parties may mutually agree to a continuance longer than 48 forty-eight (48) hours. The employee may be represented at the conference by a Labor Council Associate or representativeRepresentative. The Employer shall present the reasons for the proposed disciplinary action. The employee shall then be afforded an opportunity to respond to the charges and to present reasons why discipline should not be imposed. Within 14 fourteen (14) calendar days after the conference, the Employer shall notify the employee and the Labor Council Associate Representative of the final disposition of the matter. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute for the grievance and arbitration procedure. The pre-disciplinary conference may be recorded only upon mutual agreement of all the participants. The Employer may obtain additional time to notify the employee and the Labor Council Associate Representative of the final disposition of the matter by making a request of an extension of that time to the Labor Council Associate Representative, which will not be unreasonably denied.

Pre-Suspension or Pre-Termination Conference. Prior When the Appointing Authority plans to the imposition of initiate a suspension suspension, fine, termination or demotion, a termination, the Employer shall give written notice of a pre-disciplinary conference shall be given to the affected employee who is the subject of the pending discipline and to the Labor CouncilOEA/LRC. The written Written notice shall set forth the recommended disciplinary action, include a statement of the acts or omissions of charges against the employee giving rise to the discipline employee, contemplated disciplinary action, and the date, time and place of the conference. The conference will be held at a reasonably convenient location determined by the Employer. The conference Employing Agency and shall be scheduled no earlier than three (3) calendar days following the notice notification to the employee. employee, or his/her Association representative, may make a written request to the Employing Agency for continuance of up to forty-eight (48) hours. Such continuance shall not be unreasonably requested or denied. A continuance beyond forty-eight (48) hours may be arranged by mutual agreement, but in no case longer than sixty (60) days. In the event an employee refuses or fails to attend a pre-disciplinary meeting, an Association representative shall represent the employee. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of the Association representative and Employing Agency representative or designee. Failure of the employee to respond to the offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from this meeting shall not be challengeable on the basis of the employee’s absence or lack of participation. Prior to the conference, the Employing Agency may take temporary action to reassign the duties of the affected employee or place the employee on administrative leave until final disposition. Such action may not be unreasonable in duration or result in loss of pay for the employee involved and shall not constitute discipline under this Article. The pre-disciplinary conference shall be conducted by a designee of the Appointing Authority who is not directly associated with the incident(s) which led to contemplated disciplinary action against the employee. At the conference, the employee shall be provided with all documents used to support the possible disciplinary action which are known of and available at that time. Documents which are not known or available at the time of the hearing shall be provided to the Association for examination prior to the issuance of a written decision. The Association will have ten (10) days to examine the new documentation and provide a written response to the Employer. The employee may, but is not required to, respond to the allegations or present his/her side of the story. The Appointing Authority, or designee, shall issue a written decision within forty-five (45) work days after the conclusion of the conference and transmit the written notification to the employee and the OEA LRC. “Work days” refers to Monday through Friday excluding legal holidays. Times shall be computed by excluding the first and including the last day. In the event that additional documentation has been identified and forwarded to the Association, the timeline on the written decision by the Employer may be extended by the ten (10) days during which the Association will examine and respond to the new evidence. The forty-five (45) work day requirement will not apply in cases where a criminal investigation occurs and the Appointing Authority decides not to make a decision on the discipline until after disposition of the criminal charges. The employee may waive this conference by written notification. Absent extenuating circumstances, failure of the affected employee to appear at the conference will result in a waiver of the that employee’s right to a conference. An employee or his/her representative may make a written request for a continuance of up to 48 hours. A continuance shall not be unreasonably requested or denied. The parties may mutually agree to a continuance longer than 48 hours. The employee may be represented at the conference by a Labor Council Associate or representative. The Employer shall present the reasons for the proposed disciplinary action. The employee shall then be afforded an opportunity to respond to the charges and to present reasons why discipline should not be imposed. Within 14 calendar days after the conference, the Employer shall notify the employee and the Labor Council Associate of the final disposition of the matter. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute for the grievance and arbitration procedure. The pre-disciplinary conference may be recorded only upon mutual agreement of all the participants. The Employer may obtain additional time to notify the employee and the Labor Council Associate of the final disposition of the matter by making a request of an extension of that time to the Labor Council Associate which will not be unreasonably denied.

Pre-Suspension or Pre-Termination Conference. Prior to the imposition of a suspension suspension, or a termination, the Employer shall give written notice of a pre-disciplinary conference to the affected employee and the Labor Council. The written notice shall set forth the recommended disciplinary action, a statement of the acts or omissions of the employee giving rise to the discipline and the date, time and place of the conference. The conference will be held at a location determined by the Employer. The conference shall be scheduled no earlier than three (3) calendar days following the notice to the employee. Failure to appear at the conference will result in a waiver of the right to a conference. An employee employee, or his/her representative his representative, may make a written request for a continuance of up to 48 hours. A continuance shall not be unreasonably requested or denied. The parties may mutually agree to a continuance longer than 48 hours. The employee may be represented at the conference by a Labor Council Associate or representative. The Employer shall present the reasons for the proposed disciplinary actionaction and an explanation of the Employer’s evidence. The employee shall then be afforded an opportunity to respond to the charges and to present reasons why discipline should not be imposed. Within 14 calendar fourteen (14) Calendar days after the conference, the Employer shall notify the employee and the Labor Council Associate of the final disposition of the matter. It is agreed by the parties that the pre-disciplinary conference procedure is intended to give an employee an opportunity to respond to charges prior to the imposition of discipline and is not a substitute for the grievance and arbitration procedure. The pre-pre- disciplinary conference may be recorded only upon mutual agreement of all the participants. The Employer may obtain additional time to notify the employee and the Labor Council Associate of the final disposition of the matter by making a request of an extension of that time to the Labor Council Associate which will not be unreasonably denied.