Article 21

 

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.