Office of Collective Bargaining > Labor Agreements > District 1199 > District 1199 Contract Table of Contents >
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This
is a labor agreement with annotations by the Office of Collective
Bargaining.
PLEASE NOTE:Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
Disciplinary action may be imposed upon an employee only for just cause.
The principles of progressive discipline shall be followed. These principles usually include:
A. Verbal Reprimand
B. Written Reprimand
C. A fine in
an amount not to exceed five (5) days pay
D. Suspension
E. Removal
The application of these steps is contingent upon the type and occurrence of various disciplinary offenses.
The employee's authorization shall not be required for the deduction of a disciplinary fine from the employee's paycheck.
If a bargaining unit employee receives discipline, which includes lost wages or fine, the Employer may offer the following forms of corrective action:
1) Actually having the employee serve the designated number of days suspended without pay; or receive only a working suspension, i.e., a suspension on paper without time off; or pay the designated fine or;
2) Having the employee deplete his/her accrued personal leave, vacation, or compensatory leave banks of hours, or a combination of any of these banks under such terms as may be mutually agreed to between the Employer, employee, and the Union.
The employee is not required to accept the Employer’s option to issue a working suspension or leave depletion set forth in items 1 and 2 above.
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Explanation: |
New language gives the Employer the right to offer a working suspension or leave reduction. The employee must agree to the offer. If the employee doesn’t agree then the Employer must give the suspension or fine that it had put the employee on notice prior to the Pre-D hearing. |
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Attention: |
Agency Labor Relations Officers, Fiscal Officers, Personnel Officers, Payroll Officers. |
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Instructions: |
The employee will be given notice of the pre-disciplinary meeting that either a fine or suspensions is contemplated. After said notice the Employer can approach the employee and offer either leave depletion or working suspension as an option. |
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Effective Date: |
June 1, 2003 |
Prior to the imposition of a suspension or fine of more than three (3) days, or a termination, the employee shall be afforded an opportunity to be confronted with the charges against him/her and to offer his/her side of the story. This opportunity shall be offered in accordance with the "Loudermill Decision" or any subsequent court decisions that shall impact on pre-discipline due process requirements.
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Arbitration Award: OCB #1351 |
Arbitrator Murphy: Arbitrator Murphy; Grievant Thomas Sandy; APA; 3/8/99. In reducing a three (3) day suspension to an oral reprimand the arbitrator noted that to prove falsification, the employer must show “an intent to deceive through the information placed on the record.” |