Reprimands And Warnings. Written reprimands, written warnings, and oral warnings shall constitute elements of progressive discipline, but shall not be subject to the grievance procedures in this Article. If a unit member submits a written rebuttal within thirty (30) calendar days from the date of the written reprimand or warning to the Office of Employee and Labor Relations, SFMTA shall attach the unit member’s written rebuttal to any written reprimand or warning and shall place both the written reprimand or warning and the rebuttal in the unit member’s official personnel file.
Reprimands And Warnings. 1. The appropriate administrator may issue oral reprimands and warnings and may also issue written reprimands and/or warnings. A written reprimand and/or warning shall provide the following information:
a. a statement of the cause(s) for the reprimand and/or warning;
b. a statement advising the employee of his/her right of rebuttal and the right to appeal to the Superintendent within five (5) school days, as provided below; and,
c. a statement advising the employee as to whether the District intends to place the reprimand and/or warning in the employee's personnel file.
2. A written reprimand and/or warning shall be served upon the employee either personally or by registered or certified mail, return receipt requested, to the last home address provided by the employee to the Human Resources Office.
3. The employee may attach a statement of rebuttal which shall be permanently attached to the reprimand and/or warning. In addition, the employee may appeal the reprimand and/or warning by providing a copy of the reprimand and/or warning and rebuttal to the Superintendent (or designee) within five (5) school days from the date or receipt of the reprimand and/or warning. The Superintendent (or designee) shall respond in writing to the appeal within ten (10) school days from the date of receipt of the appeal, and this response shall be attached to the reprimand. The Superintendent shall have the right to affirm, affirm with modification, or withdraw the reprimand and/or warning. The Superintendent's decision shall be final and binding.
4. While discipline short of suspension is not subject to arbitral review, (see Paragraph 3 above), it is agreed that such discipline is subject to grievance and arbitral remedy if it has been imposed in bad faith with no plausible basis in fact, and as the result of discriminatory and fundamentally unfair administrative action. The burden of proof in such cases shall lie with the grievant. Such grievances shall be processed under Article V, except that the arbitral review standards just described shall apply rather than the second paragraph of Section D.2. of Article V.
