XXXXXXX FACTORS. The nature and seriousness of the offense and its relation to the Employees duties, position, and responsibilities. The Employees job level and type of employment, including supervisory or fiduciary role. Any past disciplinary record. The past work record, including length of service, performance, ability to get along with fellow Employees, and dependability. The effect of the offense upon the Employees ability to perform satisfactorily and on supervisors confidence. Consistency of the penalty with those imposed on other Employees for the same or similar offenses. Consistency of the penalty with any applicable agency table of penalties. The notoriety of the offense or its impact on the agency reputation. The clarity with which the Employee was on notice of any rules violated in committing the offense or had been warned about the conduct in question. Any potential for rehabilitation. Mitigating circumstances surrounding the offense. The adequacy and efficacy of alternative sanctions to deter such conduct in the future by the Employee or others. No Employee will be the subject of disciplinary action except for reasons that will promote the efficiency of the service. Discipline of Employees will be consistent with applicable laws, regulations and this Agreement, and be administered in a fair and equitable manner and based on just cause.
XXXXXXX FACTORS. The Twelve (12) relevant factors set forth by the Merit System Protection Board are as follows:
XXXXXXX FACTORS. The Employer will apply the relevant Xxxxxxx factors when determining a penalty for actions taken under Section 13-4 of this Article. The Xxxxxxx factors are:
1. The nature and seriousness of the offense, and its relation to the employee’s duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated;
2. The employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;
3. The employee’s past disciplinary record;
4. The employee’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability;
5. The effect of the offense upon the employee’s ability to perform at a satisfactory level and its effect upon supervisors’ confidence in the employee’s work ability to perform assigned duties;
6. Consistency of the penalty with those imposed upon other employees for the same or similar offenses;
7. Consistency of the penalty with any applicable agency table of penalties;
8. The notoriety of the offense or its impact upon the reputation of the agency;
9. The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;
10. Potential for the employee’s rehabilitation;
11. Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and
12. The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.
XXXXXXX FACTORS. The Employer agrees to fully apply the relevant “Xxxxxxx factors” when administering disciplinary and adverse actions to bargaining unit employees. The Xxxxxxx factors are:
a. The nature and seriousness of the offense, and its relation to the employee’s duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated;
b. The employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;
c. The employee’s past disciplinary record;
d. The employee’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability;
e. The effect of the offense upon the employee’s ability to perform at a satisfactory level and its effect upon supervisors’ confidence in the employee’s work ability to perform assigned duties;
f. Consistency of the penalty with those imposed upon others within the Department of State for the same or similar offenses;
g. Consistency of the penalty with any applicable agency table of penalties;
XXXXXXX FACTORS. In arriving at its written decision on any proposed disciplinary or adverse action, the Agency shall comply with applicable law, regulations and the terms of this agreement. As required by 5 CFR Part 752, the Agency will consider only the reasons specified in the notice of proposed action and any answer of the employee and/or the representative made to the Deciding Official, along with any medical documentation provided. The Agency shall also consider the Xxxxxxx factors, which are attached to this Article as Appendix A.
XXXXXXX FACTORS. 1. In determining the appropriate remedy, penalty, or punishment, the Agency will observe the principles of ‘like penalties for like offenses in like circumstance’ as outlined in the ‘Xxxxxxx Factors.’ Management must establish the penalty selected does not clearly exceed the limits of reasonableness.
2. Management must ensure that when an employee's past disciplinary record is referenced, said reference should be a past action (in effect) at the time the most recent conduct occurred. Otherwise, consideration is improper and cannot be relied upon.
3. Letters of reprimand that have expired may be used as a consideration when determining the penalty to be imposed in an adverse action when a range of penalties may be imposed. However, the expired LOR may not be used to constitute a prior offense.
XXXXXXX FACTORS. 1. In determining the appropriate remedy, penalty, or punishment, Agency will observe the principles of “like penalties for like offenses in like circumstance” as outlined in the “Xxxxxxx Factors.”
2. Agency must ensure that when an employee’s past disciplinary record is referenced said reference should be a past action (in effect) at the time the most recent conduct occurred. Otherwise, consideration is improper and cannot be relied upon.
3. Letters of reprimand that have expired may be used as a consideration when determining the penalty to be imposed in an adverse action when a range of penalties may be imposed. However, the expired LOR may not be used to constitute a prior offense.
XXXXXXX FACTORS. When determining the appropriate penalty for an adverse action regarding an employee’s misconduct, Deciding Officials take into consideration factors set forth in Xxxxxxx x. Veterans Administration, also known as the Xxxxxxx Factors. The Xxxxxxx Factors look at the reasonableness and appropriate penalty by weighing each relevant factor as mitigating, aggravating, or neutral. Not all factors will be relevant in every matter. Due Process. Due Process is the process by which an employee has received the Agency’s charges, an explanation of the Agency’s evidence and a reasonable opportunity to reply. The reply period for a proposed suspension of 14 days or less, is 14 calendar days. The reply period for a proposed adverse action is, 21 calendar days. Efficiency of the Service. The grounds for the action relate to either the employee’s ability to accomplish his/her duties satisfactorily, or some other legitimate government interest. Equal Employment Opportunity Commission (EEOC). An independent agency responsible for enforcing Federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. Federal Employees Compensation Act (FECA). FECA provides coverage to Federal Civilian employees who have sustained a work-related injury or disease, by providing the affected employee appropriate monetary and/or medical benefits and help in returning to work. Monetary benefits include compensation for lost wages and permanent impairment. Medical benefits provided to injured Federal employees under FECA, include payment for reasonable and necessary medical treatment for the Flexible Employees Work Schedule. A flexible work schedule (FWS) are those hours in which an employee is approved to work an FWS, may choose to vary his or her times of arrival to and departure from the work site, consistent with the duties and requirements of the position. The Agency may establish limitations on when basic work requirements hours may be performed, that is, the days of the week on which an employee may perform such hours and limits on the number of such hours on a given day.
XXXXXXX FACTORS. A. Factors (often referred to as the “Xxxxxxx factors”) may be relevant considerations in determining the appropriateness of a penalty in an adverse action case. Without purporting to be exhaustive, the factors generally recognized at the time of execution of this Agreement as being relevant to the setting of the penalty include the following:
1. Consider the nature and seriousness of the offense, and its relation to the technician or employee’s duties, position, and responsibilities, including whether the offense was intentional or inadvertent, or was committed maliciously or for gain, or was frequently repeated.
2. Consider the technician or employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position.
3. Consider the technician or employee’s past disciplinary record.
4. Consider the technician or employee’s past work record, including the length of service, performance on the job, ability to get along with fellow workers, and dependability.
5. Consider the effect of the offense on the technician or employee’s ability to perform his/her job at a satisfactory level and its effect on supervisor’s confidence in the technician or employee’s ability to perform assigned duties.
6. Consider the consistency of the penalty with those imposed on other technicians or employees for the same or similar offenses.
7. Consider the consistency of the penalty with NGB guidance regarding adverse actions.
8. Consider the notoriety of the offense and its impact on the reputation of the Agency.
9. Consider the clarity with which the technician or employee was on notice of any rules violated in committing the offense, or any warning about the conduct in question.
10. Consider the potential for the technician or employee’s rehabilitation.
11. Consider mitigating circumstances surrounding the offense such as unusual job tensions, personal problems, mental impairment, harassment or bad faith, malice, provocation on the part of others involved in the matter, or deployment induced/combat related stress.
12. Consider the adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the technician, employee or others.
B. Not all of these factors will be pertinent in every case. Frequently in an individual case, some of the pertinent factors will weigh in the technician or employee's favor, while others may not; or may even constitute aggravating circumstances. Selection of a...
XXXXXXX FACTORS. Prior to issuing a proposed notice of disciplinary action, the official issuing the notice, or his/her designee, will conduct a preliminary investigation to obtain pertinent facts relating to the circumstances generating the disciplinary action. If necessary in developing the facts, the investigation will include a discussion with the affected employee. The employee who is the subject of the investigation is entitled, upon request, to Union representation at investigative meetings where the employee is present and which are conducted by the Employer.
