Common use of Written Counseling Clause in Contracts

Written Counseling. A. It is understood that the issuance of a written counseling by the department is not considered by the parties to be disciplinary action. It is the intent of such written counseling to document in writing the discussions held with the employee regarding what the department expects as far as his/her behavior, work performance, and/or compliance with identified rules, regulations, procedures and policies. B. If written counseling is issued to an employee, a copy will remain in that employee’s personnel file for a minimum of one (1) year from date of issuance. If during that one (1) year period there are no further behavior or performance issues addressed with that employee either through additional counseling or discipline, the employee may submit a request to the Director of Human Resources to have the written counseling permanently removed from his/her personnel file. C. If additional counseling is issued during the one (1) year period, the written counseling remains in the employee’s personnel file, and he/she shall be required to achieve another one (1) year period from the date that subsequent counseling is issued before he/she can request to remove counseling documents placed in his/her personnel file during the prior period. If disciplinary action occurs during the one (1) year period based upon similar behavior or performance issues, the two (2) year period as provided in Section 3A above shall apply to the related written counseling(s) and the disciplinary action. D. The parties acknowledge that the intent of Section 3A above is to require an employee to complete two (2) years of service without disciplinary action prior to applying the contractual bar that Management will not take into account any prior infractions which occurred more than two (2) years previously. The two (2) year period shall run from the date of infraction on which the previous discipline is based to the date of the current infraction. Any infraction(s) within that two (2) year period that entails disciplinary action and is upheld by an arbitrator (if appealed) shall restart the two (2) year period effective the date of that subsequent infraction.

Written Counseling. A. It is understood that the issuance of a written counseling by the department is not considered by the parties to be disciplinary action. It is the intent of such written counseling to document in writing the discussions held with the employee regarding what the department expects as far as his/her behavior, work performance, and/or compliance with identified rules, regulations, procedures procedures, and policies. B. If written counseling is issued to an employee, a copy will remain in that employee’s personnel file for a minimum of one (1) year from date of issuance. If during that one (1) year period there are no further behavior or performance issues addressed with that employee either through additional counseling or discipline, the employee may submit a request to the Director of Human Resources to have the written counseling permanently removed from his/her personnel file. C. If additional counseling is issued during the one (1) year period, the written counseling remains in the employee’s personnel file, and he/she shall be required to achieve another one (1) year period from the date that subsequent counseling is issued before he/she can request to remove counseling documents placed in his/her personnel file during the prior period. If IF disciplinary action occurs during the one (1) year period based upon similar behavior or performance issues, the two three (23) year period as provided in Section 3A above shall apply to the related written counseling(s) and the disciplinary action. D. The parties acknowledge that the intent of Section section 3A above is to require an employee to complete two three (23) years of service without disciplinary action prior to applying the contractual bar that Management will not take into account any prior infractions which occurred more than two three (23) years previously. The two three (23) year period shall run from the date of infraction on which the previous discipline is based to the date of the current infraction. Any infraction(s) within that two three (23) year period that entails disciplinary action and is upheld by an arbitrator (if appealed) shall restart the two three (23) year period effective the date of that subsequent infraction.