Whenever the Employer conducts an investigatory interview with an Employee and the Employee reasonably believes that by answering the questions, discipline could result, the Employee shall have the right to request an available representative of their choosing to be present at the investigatory interview. (This is also known as Xxxxxxxxxx Rights.)
A. Where the Employer is investigating any Employee for possible disciplinary actions, the Employer shall:
1. Notify the Employee at the outset of the meeting that the Employee is being investigated for possible disciplinary action;
2. On the Employee’s request, allow the Employee the opportunity for Union representation; and
3. If the Employer elects to proceed with the interview, provide the Employee with a reasonable amount of time to confer with his/her representative.
B. The Employer may not make a verbatim record of such interview unless it notifies the Employee at the outset of the meeting of its intention to do so. If the Employer does elect to make a verbatim record of the meeting, the Employee shall be provided with a true and correct copy of the record. In addition, if the Employer is recording the meeting, the Employee may also record the meeting provided that the meeting will not be unduly delayed while the Employee obtains a recording device.
C. An Employee may refuse to answer questions of a superior that probe possible criminal conduct until the Employee has obtained legal advice and/or counsel. The Employee shall be given a reasonable period of time to secure counsel.
D. In all cases, the confidentiality of the disciplinary process shall be maintained by the Employer and its representatives, the Employee’s representative, and any and all Stewards shadowing, as required by law, SPB Rules, and this Agreement.
Whenever the Employer decides to hire a Post-doctoral fellow who will be placed on the salary scale in accordance with Clause 30.07, the search process will be the same as that used for hiring faculty members and outlined in Clauses 16.18 to 16.25. (8) months may be made if there is a bona fide reason for making such an appointment.
Whenever the Employer believes that a bargaining unit member is doing unacceptable work, the bargaining unit member will be directed as to how to meet the Employer's standards.
Whenever the Employer decides to establish a new job, the following procedures shall apply:
Whenever the Employer deems it necessary to censure an employee in a manner indicating that dismissal may follow any repetition of the act complained of or omission referred to, or may follow if such employee fails to bring his work up to a required standard by a given date, the Employer shall within five (5) days thereafter give written particulars of such censure to the employee involved, with a copy thereof to the Secretary of the Union.
Whenever the Employer determines that a permanent vacancy exists, notices of such vacancy shall be distributed by e-mail or posted on the bulletin boards where employee notices are usually posted for ten (10) calendar days. All such notices shall contain a description of the position to be filled, including job duties, working hours, special qualifications required, name and rank of immediate supervisor, and location of reporting and working. During the posting period, any eligible person wishing to apply
Whenever the Employer establishes a new classification within the collective bargaining unit, the Union shall be notified of the rate of pay assigned to the classification. The Union shall have ten (10) calendar days from receipt of such notification to object to the assigned rate by giving written notice to the Director. If no objection is filed with the Employer within this period of time, the rate shall be deemed to be permanent. Should the Union timely object to the rate of pay assigned to a new classification, representatives of the Employer and the Union shall meet within forty-five (45) calendar days to negotiate any changes which might be required. If the parties are unable to agree on the rate, the Employer may implement its last best offer.
Whenever the Employer increases the staffing complement of the workplace, new Employees who perform the duties generally done by members of the Bargaining Unit shall be included in the Bargaining Unit.
Whenever the Employer intends to fill vacancies or to hire additional Employees in Bargaining Unit positions, the Employer will notify the Guild of such hiring plans. The Employer has the final determination as to qualifications for a position, the appropriate FLSA classification of the position, and whether to fill or refrain from filling a position.
Whenever the Employer or his designee questions bargaining unit members in reference to alleged or suspected misconduct, either in preliminary investigations or in disciplinary conferences, the following conditions shall apply:
A. Employees being questioned as witnesses shall be so informed.
B. When an employee who is suspected of misconduct is questioned regarding such misconduct, he shall be apprised of the nature of the suspected misconduct as it is known at that time and his right to have the opportunity to have a Benevolent Association representative or a representative of his choice present during the questioning.
X. Xxxxx to questioning, the employees will be given their Miranda and/or Xxxxxxx Rights (including witnesses) and shall be informed that failure to respond truthfully may result in disciplinary action for insubordination or dishonesty.
D. The Employer may audio record any investigative interviews or disciplinary conferences. In the event that the interview or conference is recorded, the employee, their representative, and association shall be given a copy of the transcripts, and audio recording.
E. Preliminary investigations and disciplinary conferences shall be held either during an employee’s scheduled working hours or at a time in reasonable proximity to his shift.
F. Questioning sessions shall be for reasonable periods and shall allow for personal necessities and rest periods, it being understood that there shall be no period of continuous questioning exceeding one (1) hour without provision for a ten (10) minute rest break.
G. No employee shall be subjected to abusive language during questioning. No promise of reward shall be made as an inducement to answer questions.
