Article 15 - Disciplinary Action and Discharge PDF

ARTICLE 15 – DISCIPLINARY ACTION AND DISCHARGE Section 1. Disciplinary action may be taken for just cause. Section 2. Any employee who is the subject of an investigation shall be notified of the same in writing within ten (10) business days, of the incident which prompted the investigati...

ARTICLE 15 – DISCIPLINARY ACTION AND DISCHARGE Section 1. Disciplinary action may be taken for just cause. Section 2. Any employee who is the subject of an investigation shall be notified of the same in writing within ten (10) business days, of the incident which prompted the investigation. The investigation must be completed within nine (9) months after the ten (10) business days following the notice of the investigatory action or management’s (which shall be defined as any Supervisor who, under the disciplinary policy and guidelines, may take action without the approval of a higher ranking Officer or Manager) knowledge of such incident. Once the investigation is completed, management must inform the employee of the proposed discipline within forty-five (45) days. Failure of management to timely complete the investigation within nine (9) months or inform the employee of same within these stipulated time frames shall create a rebuttable presumption that shall extinguish and forever bar any disciplinary action based on any alleged violations or offenses by the employee relating to that matter subject to a showing of good cause by management for its delay as set forth in the arbitrability clause in Article 16, Section 8. The nine (9) month time frame for the completion of the investigation or the forty-five (45) days for proposing disciplinary action following the investigation may be tolled when possible disciplinary action is reasonably related to a criminal investigation of the employee, a change of the investigator (no more than one time), military leave, worker’s compensation leave, acts of God or when the employee is away from work on extended leave pursuant to Article 45 of this Agreement. In such cases, the investigation and/or the disciplinary action must be issued within the time frames set forth herein or management may provide notice to the employee that the time frame (investigation or disciplinary action) will be tolled until the reason for the tolling is completed. If tolled with less than sixty (60) days left to complete the investigation, the County shall have sixty (60) days to complete the investigation once the tolling period is completed. If tolled with less than thirty (30) days left to issue discipline, the County shall have thirty (30) days to issue discipline once the tolling period is completed. Section 3. The effective date of the discipline shall be the date an employee signs written communication acknowledging notification of the disciplinary action and/or suspension. 23 Section 4. If the grievance procedure is instituted over discipline, any written disciplinary action will not be placed in the personnel file or any permanent file until the grievance procedure is completed. If the discipline is rescinded, disciplinary action will be stamped as such and placed in the personnel file. During the promotional process, disciplinary material in the employee’s personnel file two (2) years or older (or one (1) year or older in the case of reprimands or counseling) will not be given to any interview board. Section 5. A discharge shall be considered a suspension without pay until completion of Step 3 of the grievance procedure. 24