Common use of Suspension or Disciplinary Action Clause in Contracts

Suspension or Disciplinary Action. When a member is to be suspended or disciplined, the Fire Chief/Director shall have the charges reduced to writing with two (2) copies to be delivered to the member within fifteen (15) days of the occurrence or knowledge thereof. If an extensive investigation is required, the parties may mutually agree to extend the timelines to forty-five (45) days. In the event of pending civil or criminal matters, the time frames may be extended until the conclusion of such litigation. For the purpose of this section, days are defined as official office days, Monday through Friday, exclusive of weekends and holidays. There shall be no press release by the City or the TFCA regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged. Any member called to the Chief/Director's office for disciplinary action or where such action shall be discussed shall be afforded the right to have union representation and/or union legal counsel. A hearing shall be held on a date and time mutually agreed upon not more than three (3) work tours after the charges have been served on the member. Where the employee is unable or unwilling to attend the hearing, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of a Union Representative. Failure of the employee to respond to the offer or phone call shall result in the hearing proceeding without his/her presence. Any action resulting from said hearing shall not be challengeable on the basis of the employee’s absence or lack of participation. The Fire Chief/Director or his designee shall hear the evidence in support of the charges and the evidence in defense of the employee charged and shall endeavor to ascertain the truth of the charges. The Chief/Director shall take whatever disciplinary action is merited based on the evidence he has heard. If the Chief/Director has suspended a member of the Association, then he shall forthwith, in writing, certify to the Director of Public Safety the fact of such suspension. Within fifteen

Suspension or Disciplinary Action. When a member is to be suspended or disciplined, the Fire Chief/Director Chief shall have the charges reduced to writing with two writing. One (21) copies to copy shall be delivered to the member Local 92 President or his designee, within fifteen (15) office days of the occurrence or knowledge thereof, or within thirty (30) office days if the Department has a legitimate need for additional time to complete its investigation. If an extensive investigation the latter time is requiredtaken, the parties may mutually agree Department shall notify the Union why it is being taken. However, approval is not required provided the charges are brought within the thirty (30) day period. Delivery to extend the timelines union president or his designee shall be deemed to fortyhave occurred if hand delivered, or faxed, or emailed (with follow-five up communication in writing) to the union hall. A second copy shall be delivered to the member. Delivery shall be deemed to have occurred if charges are hand delivered or in the event hand delivery fails (45) daysat work at the member’s last address of record), placed in the U.S. Mail (certified, return receipt requested), with a certification of mailing to be completed by the individual who mails the copy. Where resort to U.S. Mail occurs, the date of posting shall control and a written certification shall be provided to the Hearing Officer stating the date of mailing and address to which mailed. In the event of pending civil or criminal matters, the above time frames for conducting an investigation may be extended until the conclusion of such litigation. For the purpose of this section, days are defined as official office days, Monday through Friday, exclusive of weekends and holidaysholidays excluded. There shall be no press release by the City or the TFCA Association regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged. Any member called to the Chief/Director's ’s office for disciplinary action or where such action shall be discussed shall be afforded the right to have union Union representation and/or union Union legal counselcounsel to be present, at the discretion of the Union. If so desired, one or both shall be obtained prior to such hearing. A hearing shall be held on a date and time mutually agreed upon not more than fourteen (14) days, nor sooner than seven (7) days from the date of the charges. In the event the hearing cannot be scheduled within these time frames because of the absence of the member or the Chief or his designated representatives for any reason, then it shall be held within seven (7) days after the return of the member and/or Chief and his designated representatives. In rare circumstances, when an employee has a pending hearing and is on sick pay for thirty (30) days, a hearing may be scheduled by the City. The Department shall make three (3) work tours after attempts via certified mail/home visit to schedule a hearing. The member will be given the charges have been served option to attend the hearing in person or via phone with a union representative and/or attorney present. If the member does not participate in a scheduled hearing on the City’s third attempt, the hearing will be held without the member. Where the employee is unable or unwilling to attend the hearing, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence Parties agree that a member’s lack of a Union Representative. Failure of the employee to respond to the offer or phone call shall result participation in the hearing proceeding without his/her presence. Any action resulting from said hearing shall cannot be challengeable on the basis of the employee’s absence or lack of participationgrieved. The Fire Chief/Director Chief or his designee shall hear the evidence in support of the charges and the evidence in defense of the employee charged charges and shall endeavor to ascertain the truth of the charges. The Chief/Director Chief shall take whatever disciplinary action is merited based on the evidence he has heard. The decision of the Chief or his designee must be rendered within (15) days of hearing, unless both parties are in agreement of an extension of this deadline. If the Chief/Director Chief has suspended a member of the Associationbargaining unit, then he shall forthwith, in writing, certify to the Director of Public Safety the fact of such suspension. Within fifteenfifteen (15) days from receipt of such certification, the Director of Public Safety shall proceed to inquire into the cause of the suspension as provided in Section 143 of the Charter of the City of Toledo. The Director of Public Safety may conduct a hearing on the suspension and the member shall be represented at such hearing as is provided above. In the event of an appeal hearing, the appellant shall waive the fifteen (15) day limitation imposed in Section 143 of the Charter of the City of Toledo and a hearing date will be established at a time mutually agreeable to the Administration and the employee. The Director of Public Safety or his /her designee shall render judgment, and take action within fifteen (15) days of the start of the inquiry. The decision of the Director of Public Safety may, at the request of the employee, be appealed to the Civil Service Commission as provided in Section 144 of the Charter (within ten days from and after the filing) or, at the discretion of the Union, be submitted to final and binding arbitration. In the event that the procedure as set forth in this Section is not followed, then the charges against the member will be dismissed without prejudice.

Suspension or Disciplinary Action. When a member is to be suspended or disciplined, the Fire Chief/Director shall have the charges reduced to writing with two (2) copies to be delivered to the member within fifteen (15) days of the occurrence or knowledge thereof. If an extensive investigation is required, the parties may mutually agree to extend the timelines to forty-forty- five (45) days. In the event of pending civil or criminal matters, the time frames may be extended until the conclusion of such litigation. For the purpose of this section, days are defined as official office days, Monday through Friday, exclusive of weekends and holidays. There shall be no press release by the City or the TFCA regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged. Any member called to the Chief/Director's office for disciplinary action or where such action shall be discussed shall be afforded the right to have union representation and/or union legal counsel. A hearing shall be held on a date and time mutually agreed upon not more than three (3) work tours after the charges have been served on the member. Where In the employee is unable event the hearing cannot be held because of the absence of the member or unwilling to attend the hearingChief/Director or his designated representatives for any reason, he/she then it shall be offered held within three (3) work tours after the right to participate by telephone. The call shall be initiated via speakerphone in the presence of a Union Representative. Failure return of the employee to respond to member and/or the offer or phone call shall result in the hearing proceeding without hisChief/her presenceDirector and his designated representatives. Any action resulting from said hearing shall not be challengeable on the basis of the employee’s absence or lack of participationWHERE THE EMPLOYEE IS UNABLE OR UNWILLING TO ATTEND THE HEARING, HE/SHE SHALL BE OFFERED THE RIGHT TO PARTICIPATE BY TELEPHONE. THE CALL SHALL BE INITIATED VIA SPEAKERPHONE IN THE PRESENCE OF A UNION REPRESENTATIVE. FAILURE OF THE EMPLOYEE TO RESPOND TO THE OFFER OR PHONE CALL SHALL RESULT IN THE HEARING PROCEEDING WITHOUT HIS/HER PRESENCE. ANY ACTION RESULTING FROM SAID HEARING SHALL NOT BE C HALLENGEABLE ON THE BASIS OF THE EMPLOYEE’S ABSENCE OR LACK The Fire Chief/Director or his designee shall hear the evidence in support of the charges and the evidence in defense of the employee charged and shall endeavor to ascertain the truth of the charges. The Chief/Director shall take whatever disciplinary action is merited based on the evidence he has heard. If the Chief/Director has suspended a member of the Association, then he shall forthwith, in writing, certify to the Director of Public Safety the fact of such suspension. Within fifteenfifteen (15) days from receipt of such certification, the Director of Public Safety shall proceed to inquire into the cause of the suspension as provided in Section 143 of the Charter of the City of Toledo. The Director of Public Safety may conduct a hearing on the suspension and the member shall be represented at such hearing as is provided above. The Director of Public Safety shall render judgment in the matter and take action as he deems suitable as provided in the Charter. The decision of the Director of Public Safety shall be subject to appeal to the Civil Service Commission as provided in Section 144 of the Charter or it may be appealed to an arbitrator for a final determination, but not both. The TFCA shall have thirty (30) days to make this appeal. If binding arbitration is chosen, the name of the arbitrator to be selected will be from a panel requested by the parties from the Federal Mediation and Conciliation Service. The City or the TFCA shall request a panel of seven (7) names from the FMCS. The parties shall select the arbitrator using the alternate strike-off method. In the event that the procedure as set forth in this Section is not followed, then the charges against the member will be dismissed without prejudice. In the event that charges are levied against a Deputy Chief, the Chief/Director of the Department shall prefer the charges and the Director of Public Safety shall conduct a hearing on the suspension or disciplinary action, COMPLYING WITH PREVIOUSLY MENTIONED TIME FRAMES.

Suspension or Disciplinary Action. When a member is to be suspended or disciplined, the Fire Chief/Director Chief shall have the charges reduced to writing with two writing. One (21) copies to copy shall be delivered to the member Local 92 President or his designee, within fifteen (15) office days of the occurrence or knowledge thereof, or within thirty (30) office days if the Department has a legitimate need for additional time to complete its investigation. If an extensive investigation the latter time is requiredtaken, the parties may mutually agree Department shall notify the Union why it is being taken. However, approval is not required provided the charges are brought within the thirty (30) day period. Delivery to extend the timelines union president or his designee shall be deemed to fortyhave occurred if hand delivered, or faxed, OR EMAILED (with follow-five up communication in writing) to the union hall. A second copy shall be delivered to the member. Delivery shall be deemed to have occurred if charges are hand delivered or in the event hand delivery fails (45) daysat work at the member’s last address of record), placed in the U.S. Mail (certified, return receipt requested), with a certification of mailing to be completed by the individual who mails the copy. Where resort to U.S. Mail occurs, the date of posting shall control and a written certification shall be provided to the Hearing Officer stating the date of mailing and address to which mailed. In the event of pending civil or criminal matters, the above time frames for conducting an investigation may be extended until the conclusion of such litigation. For the purpose of this section, days are defined as official office days, Monday through Friday, exclusive of weekends and holidaysholidays excluded. There shall be no press release by the City or the TFCA Association regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged. Any member called to the Chief/Director's ’s office for disciplinary action or where such action shall be discussed shall be afforded the right to have union Union representation and/or union Union legal counselcounsel to be present, at the discretion of the Union. If so desired, one or both shall be obtained prior to such hearing. A hearing shall be held on a date and time mutually agreed upon not more than three fourteen (314) work tours after days, nor sooner than seven (7) days from the charges have been served on the member. Where the employee is unable or unwilling to attend the hearing, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of a Union Representative. Failure of the employee to respond to the offer or phone call shall result in the hearing proceeding without his/her presence. Any action resulting from said hearing shall not be challengeable on the basis of the employee’s absence or lack of participation. The Fire Chief/Director or his designee shall hear the evidence in support of the charges and the evidence in defense of the employee charged and shall endeavor to ascertain the truth date of the charges. The Chief/Director shall take whatever disciplinary action is merited based on In the evidence he has heard. If event the Chief/Director has suspended a member hearing cannot be scheduled within these time frames because of the Associationabsence of the member or the Chief or his designated representatives for any reason, then he it shall forthwith, in writing, certify to be held within seven (7) days after the Director return of Public Safety the fact of such suspension. Within fifteenmember and/or Chief and his designated representatives.