ARTICLE 21 - DISCIPLINE
AND DISMISSAL
PREAMBLE: The
Federation and Management agree that it is important to the establishment and
maintenance of good working relationships that potential disciplinary problems
first be addressed through informal discussions between the employee and
her/his immediate supervisor.
Problems of job
performance and misconduct/inappropriate conduct will be addressed through the
procedures in this Article.
21.1
Discipline and Dismissal of Employees on Initial Probation
21.11
The probationary employee may be disciplined or
dismissed at any time during the initial probationary period for any reason and
without recourse to the grievance procedure in this Agreement.
21.12 The
employee shall be notified in writing of the College's intent to dismiss, the
projected effective date and the reasons therefore.
21.13
The employee shall be provided an opportunity to
appeal the dismissal with the campus Executive Officer within 5 days of the
written notice of intent. The decision of the campus Executive Officer shall be
final and binding.
21.14
The employee shall not earn any benefits, leave
or pay during any period of suspension without pay or during the appeal period
unless the decision to suspend and/or dismiss is revoked.
21.2
General Provisions: Discipline and Discharge for Employees Not on
Initial Probation.
21.21
Disciplinary Actions. Disciplinary actions
include written warning, disciplinary probation, suspension without pay and dismissal.
21.22
Management will make use of progressive
discipline unless otherwise warranted by the situation. Discipline will
progress from one level to the next for any misconduct, inappropriate conduct
or job performance problems.
21.23 Disciplinary
Meetings. Management will notify the employee when a meeting is for the purpose
of investigating and/or administering discipline or giving notice of dismissal.
The employee may have a Federation representative present for the purpose of
observation and advice at the option and request of the employee.
21.24
Management will conduct such disciplinary
meetings in private. However, exceptional circumstances may require on the spot corrections.
21.25
Administrative leave shall be granted if
Management decides such is needed in order to conduct an investigation of an
employee's actions. This leave will normally not exceed 5 days. Such leave shall not be grieved.
21.3
Disciplinary and Dismissal Procedures for
Employees Who Are Not on Initial Probation
21.31
Written Warning
21.311
The written warning shall be clearly labeled as
such. It shall contain the reason(s) for the reprimand, the corrective action
to be taken, and the time period within which that improvement shall occur. The
employee shall sign the written warning (or the certified mail receipt) to
acknowledge receipt. A copy of the warning shall be delivered to the Human
Resources Department and the Federation. The employee may request that
identifying information be deleted from the Federation's copy.
21.312
In addition to the right of written response to
the written warning specified in Article 8.2, the employee may file a grievance
as specified in Article 24.2 beginning with Step 1 which will be settled at or
below Step 5 of the grievance procedure.
21.313
If no other disciplinary action is issued within
a minimum of 12 months of the date on the written warning, the warning shall be
removed from the official employee file at the end of that period upon the
request of the employee.
21.32 Disciplinary
Probation. Disciplinary probation may be imposed immediately when warranted by
the situation or after the first written warning. An employee shall not be
dismissed without a minimum of one written warning and after being placed on
disciplinary probation unless warranted by the
situation.
21.321
The written notice of disciplinary probation
shall contain the reasons for the probation, an improvement plan and the
beginning and the ending dates. This notice shall be given at the beginning of
the probationary period. The notice shall be clearly labeled as a disciplinary
probation. The employee shall sign the disciplinary probation notice to
acknowledge receipt. A copy of the
notice shall be delivered to the Human Resources Department and the Federation.
The employee may request that identifying information be deleted from the
Federation's copy.
21.322
The disciplinary probation period may be for a
period of up to 3 months, which may be extended for any time the employee is on
a paid or unpaid leave of absence. The disciplinary probation period may be
extended up through one year, if the improvement plan includes a treatment
program developed through the Human Resources
Department.
21.323
An employee on disciplinary probation shall have
their pay raise delayed in accordance with 15.53.
21.324
If the employee fails to achieve satisfactory
performance during the specified disciplinary probation period, the employee
shall be dismissed in accordance with Article
21.34.
21.325
In addition to the right of written response
specified in Article 8.2, the employee
may file a grievance as specified in Article 24.2 beginning with Step 1.
21.326
The notice of disciplinary probation will be
removed from the official employee file upon request of the employee if no
other discipline is issued within 24 months.
21.33
Suspension Without Pay. Suspension may occur
immediately when warranted by the situation or after disciplinary probation and
shall be without pay.
21.331
A suspension shall be effected by written notice
to the employee and the Federation specifying the reason for it, the corrective
action to be taken by the employee and the beginning and ending dates.
21.332
Suspension shall not exceed 30 days.
21.333
In addition to the right of written response
specified in Article 8.2, the employee
may file a grievance as specified in Article 24.2 beginning with Step 1.
21.334
The notice of suspension will be removed from
the official employee file upon request of the employee, if no other discipline
is issued within 24 months of the date on the notice of suspension.
21.34
Dismissal. Dismissal may occur immediately when
warranted by the situation or after disciplinary probation or after suspension.
21.341
Before dismissing the employee, Management shall
notify the employee and the Federation of the intent to dismiss, the reason therefore,
and the projected effective date. Such notice shall be signed by the employee
to acknowledge receipt or shall be sent by certified mail to the employee's
last known home address.
21.342
The effective date of dismissal shall not be
less than 5 days from the date on the notice of intent to dismiss.
21.343
The employee shall be placed on suspension
without pay from the date on the notice of intent to dismiss until the
effective date of the dismissal or the completion of the grievance process if
the employee elects to grieve the dismissal.
21.344
The final paycheck shall include payment for any
accrued unused vacation days and unused compensatory time.
21.345
In addition to the right of written response
specified in Article 8.2, the employee may file a grievance as specified in
Article 24.2 beginning with Step 1.
21.4
Just Cause (Employees Not on Initial Probation).
Management shall not discipline an employee without just cause. Just cause will include but shall not be
limited to:
21.41
Failure to satisfactorily perform job duties.
21.42
Insubordination, which is defined as willful failure
to follow a legitimate order.
21.43
Consumption of intoxicants or use, possession or
sale of legally prohibited or non-prescribed drugs on College property or
attendance at work under the influence of intoxicants or legally prohibited or
non-prescribed drugs.
21.44 Absence
from work without authorization or appropriate excuse; habitual tardiness,
repeated absence from the work station without
authorization.
21.45 Excessive
absenteeism: Repeated absences from work which are not included in an approved
formal leave of absence and those which are not covered by Federal or State
leave laws.
21.46 Willful
falsification or alteration of a College record which has or may have a
material effect on the proper administration of the College.
21.47 Conviction
of a felony or other crimes, the nature of which is such that continued
employment may be disruptive of College operations.
21.48
Presenting a clear danger to the safety of other
employees, the public or College property.
21.49
Unlawful harassment as defined by Federal and/or
State law.
21.50 Any
other action detrimental to the College on College property or while engaged in
College work.