Employee Discipline Appropriate sanctions must be applied against workforce 18 members who fail to comply with any provisions of CONTRACTOR’s privacy P&Ps, including 19 termination of employment where appropriate.
of the Discipline The Local Church acknowledges that the Annual Conference has no control over the voting approval of the voting delegates and the voting approval is subject to the will and voting of the body. Should either of the above conditions not occur, this Disaffiliation Agreement shall immediately become null and void.
Discipline Procedure 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony. 2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article. 3. Disciplinary action of less than discharge should generally be progressive and corrective in nature. A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081). B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.
DISCHARGE AND SUSPENSION A. A suspended or discharged seniority employee will be allowed to discuss his/her suspension or discharge with the President or Vice President. The Board will allow the discussion before the employee is required to leave the property of the Board. If the President or Vice President is not available during the discharged employee’s shift, the employee may meet with the President or Vice President on Board property up to twenty-four hours after the end of his/her shift. Nothing contained herein, however, shall prevent the Board from requiring the summary removal of the offending employee if it appears that the safety of any person, property, or the maintenance of order requires such summary removal. The President or Vice President will not allow other employees to become involved in the discussion. Upon request of the Association, the Board’s designated representative will discuss the suspension with the Association representative and the employee. B. Grievances protesting the discharge or suspension will commence at Step Two and must be filed within three (3) working days after the action was taken. Failure to abide by this time limit shall be construed as a waiver, by both the Association and the employee involved, of any protest of the action. If a seniority employee is notified that he/she will be suspended, the suspension will not take effect, if a timely grievance has been filed, until after the third (3) step of the grievance procedure, unless the Board deems it is necessary to immediately suspend for maintenance of order, safety of person(s) or property. C. Any award of back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source during the period of back pay. D. The Board has the right to discharge for just cause. No seniority bargaining unit member shall be disciplined without just cause. E. The Board agrees, when suspending or discharging an employee, to notify, in writing, the employee and the Association, including the UniServ Director. F. In imposing discipline on a current charge, the Board will not take into account prior infractions which occurred more than two (2) years previously, nor impose discipline on an employee for inadvertent errors or mistakes on his/her employment application, after a period of one year from his/her date of seniority, except in cases of felony convictions.
DISCHARGE OR SUSPENSION 10.1: The parties agree that the employees covered hereby will not be subject to discharge solely because of political reasons. Further, the Union recognizes and respects the statutory rights of the County and Sheriff; and the Employer recognizes and respects the statutory rights of the employees. 10.2: The Sheriff and/or his designate shall not discharge or suspend any employee without just cause. Any violation(s) which warrants a suspension shall be in writing. One (1) copy will be given to the employee, one (1) copy will be forwarded to the Union, one (1) copy will be forwarded to the Personnel Director by the Sheriff, and the Sheriff will retain the original. An error in furnishing copies shall not affect the merits of the discipline. Suspension notices shall remain in effect for a period not to exceed fifteen (15) calendar months from the date of the suspension notice. Any employee receiving three (3) suspension notices within fifteen (15) calendar months may be discharged with cause; however, this shall not be construed as requiring a specified number of suspension notices before discharge may be imposed. 10.3: All suspensions and/or discharges issued by designates of the Sheriff shall be reviewed by the Sheriff or his designee within twenty-four (24) hours following the suspension and/or discharge. If, in the opinion of the Sheriff, the suspension or discharge was unwarranted, the employee shall be reinstated in his position without loss of seniority or wages for the period of his discharge or suspension. 10.4: In the event an employee is accused and/or charged with an offense or with acts of misconduct that involve possible criminal action, the employee shall not be required to make any statements concerning the alleged offense without: A. Having a Union representative present, or, B. Without being presented with a written charge. Such written charges shall be provided as soon as possible but not more than seventy-two (72) hours subsequent thereto. The meeting with the Sheriff or his designated representative shall then be held as soon as possible but not more than forty-eight (48) hours after receiving the written charges. The employee against whom charges have been made may be represented at such meeting by a xxxxxxx or any Union member of his own choosing. 10.5: The Employer shall provide to an employee civil legal counsel necessary to cover any civil litigation arising out of the good faith performance of the officers duties by any law enforcement officers covered by this Agreement. The Employer will not provide legal assistance in defense of violations to the statutes or any ordinances, state, federal or local, allegedly committed by any law enforcement officers covered by this Agreement. The Employer shall not provide legal assistance for any alleged criminal misconduct of an officer at any time.
DISCHARGE, SUSPENSION AND DISCIPLINE 10:01 A claim by an employee who has completed probation that he or she has been unjustly discharged shall be treated as a grievance if a written statement of such discharge is lodged by the employee with the Administrator or designate within five (5) days after the employee has received his/her discharge notice. Such grievance will be taken up by the Union at a special meeting with the Administrator. 10:02 It is agreed that the Chairperson of the Union Committee will be notified immediately on the dismissal of an employee in the bargaining unit. Should the Chairperson not be available at the time, a copy of the letter or notice shall be given to a Committeeperson who is available. 10:03 In the event the Employer initiates a disciplinary action against an employee that results in the suspension or discharge of the employee, the following procedure shall be followed: (a) The employee shall be notified in writing, of the action and/or penalty with a copy given to the Chairperson, if the penalty is a suspension. If the penalty is discharge then only the Union (President or his/her designate) need be notified in addition to the employee. (b) In the event the Employer is dissatisfied with the work of an employee and correction discussion has not resolved the problem, the Employer shall notify the employee in writing of the dissatisfaction concerning his/her work within five (5) working days when becoming aware of the incident giving rise to the complaint. This notice shall include particulars of the work performance which led to the complaint. (c) The letter or form given to the employee shall state the complaint or appraisal of results and contain on the bottom thereof a statement to the effect that the employee acknowledges having read the letter or form acknowledging receipt of a copy of the same, and a place for the employee to sign. The employee shall sign the letter or form and a copy shall be given to her. Prior to signing, the employee shall have the opportunity to write her comments. (d) The employee has the right to Union Representation in any proceedings under (a), (b) or (c) above. 10:04 Such grievance shall proceed directly to Step 2 of the grievance procedure and must be presented in writing, dated, and signed within five (5) working days after notice of the discharge was given. 10:05 Only those disciplinary notices that result in a suspension will remain on an employees personnel file for a period of fifteen (15) months. All other disciplinary notices, warnings or statements will be removed and given to the employee after a period of twelve (12) months from the date of the infraction. 10:06 An employee shall, upon written request, be granted the opportunity to view his/her personnel file. It is understood that such request will be granted within seven (7) days or at a time mutually agreed to by the parties. The employee may have a Committeeperson present while viewing their file, if requested. 10:07 The Union Chairperson or a Committeeperson will be present during all warnings, or counselling sessions regarding disciplinary actions of a seniority employee. When an employee is called to an interview and the subject of the interview is discipline, the employee will be so informed by the Employer’s representative when given notice of the interview, and will be advised to have her Union representative present. The interview will not begin or proceed without Union representation. A copy of any warning to be placed in an employee’s file must be copied to the Union Chairperson. Discipline is defined as a written warning, reprimand, suspension, dismissal or other disciplinary action to an employee.
EMPLOYEE DEVELOPMENT AND TRAINING 1. The State agrees to provide advice and counseling to employees with respect to career advancement opportunities and agency developments which have an impact on their careers. 2. Regular review of its job-related and career development and training programs will be made by the State in order to provide suitable programs for employees covered by this Agreement. When undertaking any such review, the State shall notify employees of such review and take into account suggestions and proposals made by employees. 3. Employees shall be given a reasonable notice of applicable, development and training programs available. Such notice shall include an explanation of the procedure for applying for the program. Notices of development and training programs shall be posted for reasonable periods in advance on bulletin boards at applicable work locations within the agencies involved. An appointing authority shall make every effort to permit employees' participation in such career development and training programs. Participation in any training inside or outside of work hours which is required by the State as a condition of fulfilling the requirements of the employee's job, or any in-service State training which is conducted or undertaken during normally scheduled work hours will be considered as time worked. 4. The State shall pay tuition, course-related fees, other approved course required costs and for necessary travel and lodging pursuant to established policies and procedures.
Discipline Disciplinary grievances will be initiated at the level at which the disputed action was taken.
Student Discipline 1. The parties recognize that part of the teacher's responsibility is to maintain control and discipline of students. The Board further recognizes its responsibility to give support and assistance to the teacher with respect to the maintenance of control and discipline in the classroom and school in accordance with established Board policies, administrative regulations, building procedures and state statutes; however, the Board shall not be obligated when any disciplinary actions employed by any teacher is contrary to law, Board policy, or administrative regulations. 2. The Board shall set all policies on matters of discipline. A team, minimally consisting of building administrators and teachers, shall develop disciplinary procedures for their respective buildings that are consistent with state statutes, Board policies, and administrative regulations. These disciplinary procedures shall be completed or updated and reviewed by each faculty prior to a date established by the principal. These shall be distributed to students, teachers, and parents no later than October 1 of each year, and it shall be the responsibility of the administration and teachers to enforce these policies, regulations, and procedures. 3. The District and Association shall work together to promote a safe work environment including the right to be free from violent behavior or threatening violent behavior. (2019) When an offense, persistent misbehavior, or the disruptive effect of misbehavior makes the continued presence of a student in the classroom intolerable, the student may be referred by the teacher to the principal or his/her designee for disciplinary action. In such case, an account of the problem or incident will be communicated as soon as feasibly possible, given instructional and safety responsibilities, by the teacher to the principal or his/her designee. The communication should include what previous corrective action, and/or parent communication if any, has been taken by the teacher. The principal or his/her designee shall communicate the disposition of the referral as soon as feasibly possible given administrative and safety responsibilities. In cases when the disruptive effect of the student’s behavior is so extreme as to preclude the instructional process, the teacher shall immediately communicate the need to remove the child temporarily from the classroom until such time as the student, teacher, and principal or other appropriate authority, resolves the situation. (2009)
DISCIPLINE PROCEDURES The Employer agrees to provide the employee with written notification of a disciplinary document that is to be made a part of the employee’s personnel file. In instances where the Employer desires to conduct an investigatory interview with an employee, the employee shall be entitled upon request to have an Association representative present at the interview. A copy of all disciplinary actions involving suspension or discharge will also be provided to the Association, unless the employee requests that the matter be kept confidential.
