Common use of Suspension for Criminal Charge Clause in Contracts

Suspension for Criminal Charge. An employee arrested, indicted by a grand jury, or against whom a charge has been filed by a prosecuting official may be immediately suspended in accordance with Section C, below, except if charged with a felony, in which case, the provisions of this section regarding felony charges shall apply. Such suspension may, at the discretion of the Appointing Authority, remain in effect until the indictment or charge has been fully disposed of by trial, quashing or dismissal. Nothing herein shall prevent an employee from grieving the reasonableness of a suspension under this subsection, where the employee contends that the charge does not arise out of the job, or is not related to the job, except that suspension for a felony charge shall not be appealable while such charge is pending. The grievance may be filed directly to Step Two (2) and shall be promptly arbitrated. An employee who has been tried and convicted on the original or a reduced charge and whose conviction is not reversed, may be disciplined or dismissed from the classified service upon proper notice without the necessity of further charges being brought, and such disciplinary action shall be appealable through the grievance procedure. The record from any trial or hearing may be introduced by the Employer or the Union in such grievance hearing, including arbitration. Under this circumstance a disciplinary conference will be conducted only upon written request of the employee. An employee whose indictment is quashed or dismissed, or who is acquitted following trial, shall be reinstated in good standing and made whole if previously suspended in connection therewith unless disciplinary charges, if not previously brought, are filed within three (3) weekdays after receipt of notice at the central personnel office of the results of the case, and appropriate action in accordance with this Article is taken against such employee. Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal or civil actions taken against an employee or irrespective of their outcome.

Appears in 5 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

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Suspension for Criminal Charge. An Any employee arrested, indicted by a grand jury, jury or against whom a charge has been filed by a prosecuting official for conduct on or off the job, may be immediately suspended in accordance with Section C, below, except if charged with a felony, in which case, the provisions of this section regarding felony charges shall applysuspended. Such suspension may, at the discretion of the Appointing AuthorityEmployer, remain in effect until the indictment or charge has been fully disposed of by trial, quashing or dismissal. Nothing herein shall prevent an employee from grieving the reasonableness of a suspension under this subsectionSubsection, where the employee contends that the charge does not arise out of the job, job or is not related to the job, except that suspension for a felony charge shall not be appealable while such charge is pending. The grievance may be filed directly to Step Two (2) and shall be promptly arbitrated. An employee who has been tried and convicted on the original or a reduced charge and whose conviction is not reversed, may be disciplined or dismissed from the classified service upon proper notice without the necessity of further charges being brought, brought and such disciplinary action shall be appealable through the grievance procedure. The record from any trial or hearing may be introduced by the Employer or the Union in such grievance hearing, including arbitrationArbitration. Under this circumstance a disciplinary conference will be conducted only upon written request of the employee. An employee whose indictment is quashed or dismissed, dismissed or who is acquitted following trial, shall be reinstated in good standing and made whole if previously suspended in connection therewith unless disciplinary charges, if not previously brought, are filed within three (3) weekdays after week days of receipt of notice at the central personnel office Human Resource Office of the results of the case, and appropriate action in accordance with this Article is taken against such employee. Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal or civil actions taken against an employee or irrespective of their outcome.

Appears in 3 contracts

Samples: Primary Agreement, Primary Agreement, Primary Agreement

Suspension for Criminal Charge. An Any employee arrested, indicted by a grand jury, or against whom a charge has been filed by a prosecuting official for conduct on or off the job, may be immediately suspended in accordance with Section C, below, except if charged with a felony, in which case, the provisions of this section regarding felony charges shall applysuspended. Such suspension may, at the discretion of the Appointing AuthorityEmployer, remain in effect until the indictment or charge has been fully disposed of by trial, quashing or dismissal. Nothing herein shall prevent an employee from grieving the reasonableness of a suspension under this subsectionSubsection, where the employee contends that the charge does not arise out of the job, job or is not related to the job, except that suspension for a felony charge shall not be appealable while such charge is pending. The grievance may be filed directly to Step Two (2) and shall be promptly arbitrated. An employee who has been tried and convicted on the original or a reduced charge and whose conviction is not reversed, may be disciplined or dismissed from the classified service upon proper notice without the necessity of further charges being brought, brought and such disciplinary action shall be appealable through the grievance procedure. The record from any trial or hearing may be introduced by the Employer or the Union in such grievance hearing, including arbitrationArbitration. Under this circumstance a disciplinary conference Disciplinary Conference will be conducted only upon written request of the employee. An employee whose indictment is quashed or dismissed, or who is acquitted following trial, shall be reinstated in good standing and made whole if previously suspended in connection therewith unless disciplinary charges, if not previously brought, are filed within three (3) weekdays after week days of receipt of notice at the central personnel office Central Personnel Office of the results of the case, and appropriate action in accordance with this Article is taken against such employee. Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal or civil actions taken against an employee or irrespective of their outcome.

Appears in 3 contracts

Samples: escholarship.org, escholarship.org, irle.berkeley.edu

Suspension for Criminal Charge. An employee arrested, indicted by a grand 26 jury, or against whom a charge has been filed by a prosecuting official may be 27 immediately suspended in accordance with Section C, below, except if 28 charged with a felony, in which case, the provisions of this section regarding 29 felony charges shall apply. Such suspension may, at the discretion of the 30 Appointing Authority, remain in effect until the indictment or charge has been 31 fully disposed of by trial, quashing or dismissal. 32 33 Nothing herein shall prevent an employee from grieving the reasonableness 34 of a suspension under this subsection, where the employee contends that the 35 charge does not arise out of the job, or is not related to the job, except that 36 suspension for a felony charge shall not be appealable while such charge is 37 pending. The grievance may be filed directly to Step Two (2) and shall be 38 promptly arbitrated. 39 40 An employee who has been tried and convicted on the original or a reduced 41 charge and whose conviction is not reversed, may be disciplined or dismissed 42 from the classified service upon proper notice without the necessity of further 43 charges being brought, and such disciplinary action shall be appealable 44 through the grievance procedure. The record from any trial or hearing may 45 be introduced by the Employer or the Union in such grievance hearing, 1 including arbitration. Under this circumstance a disciplinary conference will 2 be conducted only upon written request of the employee. 3 4 An employee whose indictment is quashed or dismissed, or who is acquitted 5 following trial, shall be reinstated in good standing and made whole if 6 previously suspended in connection therewith unless disciplinary charges, if 7 not previously brought, are filed within three (3) weekdays after receipt of 8 notice at the central personnel office of the results of the case, and 9 appropriate action in accordance with this Article is taken against such 10 employee. Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal or civil actions taken against an employee or irrespective of their outcome.11

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

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Suspension for Criminal Charge. An Any employee arrested, indicted by a grand jury, or against whom a charge has been filed by a prosecuting official for conduct on or off the job, may be immediately suspended in accordance with Section C, below, except if charged with a felony, in which case, the provisions of this section regarding felony charges shall applysuspended. Such suspension may, at the discretion of the Appointing AuthorityEmployer, remain in effect until the indictment or charge has been fully disposed of by trial, quashing or dismissal. Nothing herein shall prevent an employee from grieving the reasonableness of a suspension under this subsectionSubsection, where the employee contends that the charge does not arise out of the job, job or is not related to the job, except that suspension for a felony charge shall not be appealable while such charge is pending. The grievance may be filed directly to Step Two (2) and shall be promptly arbitrated. An employee who has been tried and convicted on the original or a reduced charge and whose conviction is not reversed, may be disciplined or dismissed from the classified service upon proper notice without the necessity of further charges being brought, brought and such disciplinary action shall be appealable through the grievance procedure. The record from any trial or hearing may be introduced by the Employer or the Union in such grievance hearing, including arbitrationArbitration. Under this circumstance a disciplinary conference Disciplinary Conference will be conducted only upon written request of the employee. An employee whose indictment is quashed or dismissed, or who is acquitted following trial, shall be reinstated in good standing and made whole if previously suspended in connection therewith unless disciplinary charges, if not previously brought, are filed within three (3) weekdays after week days of receipt of notice at the central personnel office Central Personnel Office of the results of the case, and appropriate ARTICLE 9, Section E action in accordance with this Article is taken against such employee. Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal or civil actions taken against an employee or irrespective of their outcome.

Appears in 1 contract

Samples: Primary Agreement

Suspension for Criminal Charge. An Any employee arrested, indicted by a grand jury, or against whom a charge has been filed by a prosecuting official for conduct on or off the job, may be immediately suspended in accordance with Section C, below, except if charged with a felony, in which case, the provisions of this section regarding felony charges shall applysuspended. Such suspension may, at the discretion of the Appointing AuthorityEmployer, remain in effect until the indictment or charge has been fully disposed of by trial, quashing or dismissal. Nothing herein shall prevent an employee from grieving the reasonableness of a suspension under this subsectionSubsection, where the employee contends that the charge does not arise out of the job, job or is not related to the job, except that suspension for a felony charge shall not be appealable while such charge is pending. The grievance may be filed directly to Step Two (2) and shall be promptly arbitrated. An employee who has been tried and convicted on the original or a reduced charge and whose conviction is not reversed, may be disciplined or dismissed from the classified service upon proper notice without the necessity of further charges being brought, brought and such disciplinary action shall be appealable through the grievance procedure. The record from any trial or hearing may be introduced by the Employer or the Union in such grievance hearing, including arbitrationArbitration. Under this circumstance a disciplinary conference Ddisciplinary Cconference will be conducted only upon written request of the employee. An employee whose indictment is quashed or dismissed, or who is acquitted following trial, shall be reinstated in good standing and made whole if previously suspended in connection therewith unless disciplinary charges, if not previously brought, are filed within three (3) weekdays after week days of receipt of notice at the central personnel office Central Personnel Human Resource Office of the results of the case, and appropriate action in accordance with this Article is taken against such employee. Nothing provided herein shall prevent the Employer from disciplining an employee for just cause at any time irrespective of criminal or civil actions taken against an employee or irrespective of their outcome.

Appears in 1 contract

Samples: Article 1

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