CBA: Article 15 Disciplinary Action and Discharge Policies

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Questions and Answers

What event triggers the effective date of a disciplinary action?

The date the employee signs the written communication (correct)

The date the disciplinary action is reviewed by management

The employee's first violation of policy

The date the grievance procedure is initiated

What happens to written disciplinary actions during the grievance procedure?

They are immediately placed in the personnel file

They will not be placed in any permanent file until the procedure is completed (correct)

They are shared with the interview board regardless of the grievance outcome

They are automatically rescinded if the grievance is filed

How long after a disciplinary action can the material be considered for the promotional process?

Three years for serious violations

Six months, regardless of the type of action

One year for all types of disciplinary actions

Two years for all types, or one year for reprimands or counseling (correct)

What classification is given to a discharge while awaiting the conclusion of the grievance procedure?

Suspension without pay Signup and view all the answers

If a disciplinary action is rescinded, how is it annotated in the personnel file?

It is stamped and placed in the personnel file Signup and view all the answers

What happens if management fails to complete an investigation within nine months after notifying an employee?

A rebuttable presumption arises that bars any disciplinary action based on the alleged violation. Signup and view all the answers

Under which circumstance may the nine-month investigation timeframe be suspended?

When there is a change of the investigator, not exceeding one time. Signup and view all the answers

What is the maximum duration allowed for management to inform an employee of proposed discipline after the investigation is completed?

45 days Signup and view all the answers

In case of a just cause disciplinary action, what must occur before the employee can officially be disciplined?

An investigation must be conducted and completed first. Signup and view all the answers

What should management do if the reason for tolling the investigation exceeds sixty days?

Complete the investigation within sixty days after tolling. Signup and view all the answers

What is 'management' defined as concerning disciplinary actions?

Any Supervisor capable of disciplinary action without higher approval. Signup and view all the answers

What must management show to overcome the presumptive bar against disciplinary action due to a delay?

Good cause for the delay. Signup and view all the answers

Which situation does NOT allow for the tolling of the disciplinary investigation time frames?

The employee is attending a training program. Signup and view all the answers

Study Notes

Disciplinary Action and Discharge

Just Cause Required: Disciplinary action must be based on just cause.
Notification of Investigation: Employees are entitled to written notice of an investigation within 10 business days of the incident.
Investigation Time Limit: Investigations must be completed within 9 months of the notice.
Discipline Proposal Time Limit: Management must propose discipline within 45 days of completing the investigation.
Presumption of Extinguished Action: Failure to meet these time limits creates a rebuttable presumption barring future disciplinary action, unless management provides good cause for delay, as outlined.
Tolling of Time Limits: Time limits may be extended ("tolled") for specific reasons: criminal investigation, change of investigator, military/worker's compensation leave, acts of God, or extended leave under Article 45.
- If less than 60 days remaining for investigation, investigation completed within 60 days
- If less than 30 days to issue discipline, 30 days allowed once the tolling period is over
Effective Date of Discipline: Discipline is effective on the date the employee signs acknowledging notification.
Disciplinary Action in Grievance Procedure: If a grievance is filed, any written disciplinary action is held from personnel files until completion of the procedure.
- Rescinded discipline is noted accordingly and placed in the file.
Promotional Review: Personnel files older than 2 years (1 year for reprimands or counseling) are typically excluded during a promotional review.
Discharge as Suspension: Discharge considered a suspension without pay until the grievance procedure is concluded after Step 3.

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Description

Explore key principles regarding disciplinary action and discharge, including just cause, investigation timelines, and management's responsibilities. Understand the implications of failing to meet these deadlines and the conditions that allow for extensions. This quiz will help you grasp the essential components of fair employment practices.