CBA: Article 15 Disciplinary Action and Discharge Policies
13 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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  • They are automatically rescinded if the grievance is filed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?

<p>Suspension without pay (D)</p> Signup and view all the answers

If a disciplinary action is rescinded, how is it annotated in the personnel file?

<p>It is stamped and placed in the personnel file (A)</p> Signup and view all the answers

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

<p>A rebuttable presumption arises that bars any disciplinary action based on the alleged violation. (D)</p> Signup and view all the answers

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

<p>When there is a change of the investigator, not exceeding one time. (C)</p> 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?

<p>45 days (C)</p> Signup and view all the answers

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

<p>An investigation must be conducted and completed first. (C)</p> Signup and view all the answers

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

<p>Complete the investigation within sixty days after tolling. (C)</p> Signup and view all the answers

What is 'management' defined as concerning disciplinary actions?

<p>Any Supervisor capable of disciplinary action without higher approval. (C)</p> Signup and view all the answers

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

<p>Good cause for the delay. (B)</p> Signup and view all the answers

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

<p>The employee is attending a training program. (B)</p> Signup and view all the answers

Flashcards

Effective Date of Discipline

The effective date of a disciplinary action is the date the employee acknowledges receiving the notice of disciplinary action and/or suspension in writing.

Disciplinary Action Pending Grievance

Disciplinary action becomes official only after the grievance process is concluded. Before that, it's not placed in the employee's file.

Rescinded Disciplinary Action

If a grievance process overturns disciplinary action, it is marked as rescinded and put in the employee's file.

Disciplinary Action Time Limit

Disciplinary actions older than 2 years are not shared with interview boards during promotions, except for reprimands or counseling, which have a 1-year cut-off.

Signup and view all the flashcards

Discharge During Grievance

During the grievance process, a discharge is considered a suspension without pay until Step 3 of the process is completed.

Signup and view all the flashcards

Just Cause Discipline

Disciplinary action can be taken against an employee if there's a valid reason for it, such as violating company rules or poor performance.

Signup and view all the flashcards

Notification of Investigation

An employee under investigation must be notified within 10 working days of the issue that triggered the investigation.

Signup and view all the flashcards

Investigation Time Limit

The investigation must be finished within 9 months from the date of notification, unless certain circumstances apply.

Signup and view all the flashcards

Discipline Notification Deadline

Management (Supervisors) must inform the employee about the proposed disciplinary action within 45 days of the investigation's completion.

Signup and view all the flashcards

Time Limit Consequences

If management doesn't follow the time limits, disciplinary action is likely to be dismissed. The employee can argue against it, and management must provide a good explanation for the delays.

Signup and view all the flashcards

Time Limit Extensions

The time limits for the investigation and disciplinary action can be extended if certain events occur, such as a criminal investigation involving the employee, a change of investigator, or the employee being on military leave.

Signup and view all the flashcards

Extended Time Limits

If the time limits for the investigation or discipline are extended, the County gets a specific window to finish the process once the reason for the extension is over. The window is 60 days for the investigation and 30 days for discipline.

Signup and view all the flashcards

Notice of Time Extension

The County may send a written notice to the employee informing them that the investigation or discipline deadline will be extended due to specific circumstances affecting the process.

Signup and view all the flashcards

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

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.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser