Common use of Reasons for Imposing Disciplinary Action Clause in Contracts

Reasons for Imposing Disciplinary Action. Appropriate disciplinary action, subject to just cause as defined in Article 10, may be taken for any of the following offenses for violating reasonable agency work rules including those contained in agency policy and procedures manuals, legally promulgated rules and regulations, or for violating any provision of the NAPE/AFSCME and State of Nebraska Labor Contract: a. Violation of, or failure to comply with, the Labor Contract, State constitution or statute; an executive order; regulations, policies or procedures of the employing agency; or legally promulgated published rules. b. Failure or refusal to comply with a lawful order or to accept a proper assignment from an authorized supervisor. c. Inefficiency, or negligence in the performance of duties, or failure to meet clearly established performance expectations. d. Unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcoholic beverage in the workplace or reporting for duty under the influence of alcohol and/or unlawful drugs. Use of a controlled substance by the employee as prescribed by his/her physician and/or other licensed health practitioner shall not be a violation. e. Negligent or improper use of state property, equipment or funds, or conversion of state property. This includes transmitting threatening, obscene, or harassing material through the State’s communication systems. f. Bribery to gain, or attempt to gain, promotion, leave, or favorable assignment for individual benefit or advantage. g. Falsification or intentional omission of required information on the employment application/resume. h. Unauthorized use or abuse of any type of leave, meal or rest periods. i. Repeated tardiness or unauthorized leave, including unauthorized departure from the work area. j. Failure to maintain appropriate working relationships with the public, employees, supervisors, or managers while on the job or when performing job related functions. k. Failure to obtain and maintain a current license or certification required by law or agency standards as a condition of employment.