Proactive Employee Performance Intervention. When, in the sole discretion and judgment of EBCHR, an employee is trending toward disciplinary action for job performance, EBCHR will endeavor to involve the Union and solicit its input and assistance as outlined here. The designated EBCHR management representative and the Union representative will work jointly, in a timely manner, to identify the performance problem(s) and work collaboratively with the employee to strive toward eliminating the cause of the employee's problem(s), if possible. The parties' mutual goal is to identify the problem(s), inform the employee about the same, and develop reasonable, cost effective strategies to prevent the problem(s) from recurring or eliminating the problem(s), if such is within the control or influence of the parties in their respective roles as employer and labor organization. In the case of employee serious misconduct, an employee may be subject to discipline, up to and including immediate dismissal. It is understood that problems that do not involve interpretation of the express provisions of the parties' Agreement shall not be subject to final and binding arbitration.
Proactive Employee Performance Intervention. When an employee is trending toward disciplinary action for job performance, the Employer will follow the steps outlined in Article 16 (Just Cause, Employee Counseling, and Progressive Discipline). The designated Employer management representative and the Union representative will work jointly, in a timely manner, to identify the performance problem(s) and work collaboratively with the employee to strive toward eliminating the cause of the employee's problem(s), if possible. The parties' mutual goal is to identify the problem(s), inform the employee about the same, and develop reasonable, cost-effective strategies to prevent the problem(s) from recurring or eliminating the problem(s), if such is within the control or influence of the parties in their respective roles as employer and labor organization. The Union recognizes that the Employer will not initiate any disciplinary action without Just Cause and will utilize disciplinary steps outlined in Article 16 (Just Cause, Employee Counseling and Progressive Discipline). If that process has not been initiated, discipline is not intended for the bargaining unit employee involved. For avoidance of doubt, the Parties recognize that supervisory feedback, coaching, counseling and other similar interactions with an employee, and paid leave initiated by the Employer, are not disciplinary action.
