K8-Unit – ART. 18: Discipline and Dismissal

ARTICLE 18. Discipline and Dismissal

A. Definitions
Discipline. Discipline occurs when any of the following actions is taken with respect to any employee: written warning, suspension, disciplinary demotion.
Dismissal. A Dismissal is the termination of the employment of a non-probationary regular status employee initiated by the University for any of the reasons set forth in this article.

Demotion. A Demotion is the assignment of an employee from their current position to a position in a class having a lower salary maximum, or to a position at a lower rate of pay, when such assignment is made for disciplinary reasons.
Job Abandonment. Job Abandonment occurs when an employee fails to notify the University of their absence for five (5) consecutive assigned work days. Job Abandonment is not Dismissal under the terms of this Agreement.

B. Grounds for Discipline and Dismissal
A regular status employee may be disciplined or dismissed for just cause. For purposes of illustration but not limitation, such action may be taken for the following: violations of this Agreement, abuse of leave provisions, substance abuse, dishonesty or theft, violation of University rules, unauthorized absence, absenteeism, tardiness, insubordination or misconduct, unsatisfactory performance, or inability to perform the requirements of their job.

C. Notice of Intent
The University may discipline without prior Notice of Intent by written warning or suspension without pay for five (5) days or less. The University shall provide written notice, as described in Part C.2-5, below, of intent to discipline by suspension without pay for more than (5) working days, disciplinary demotion, or dismissal.

A written Notice of Intent to suspend for more than five (5) working days without pay, to demote; or to dismiss shall be given to the affected employee, either by delivery of the Notice to the employee in person or by placing the Notice in the United States mail, first class, postage paid, in an envelope addressed to the employee at the employee’s last known mailing address. Such personal delivery or mailing shall be conclusively presumed to provide actual notice to the affected employee. It shall be the responsibility of the employee to inform the University in writing of their current mailing address and of any change in such address, and the information so provided shall constitute “the employee’s last known mailing address.” The date of delivery or mailing shall be the “date of issuance” of the Notice. The University shall email the Notice of intent to the designated Union representative(s).
The Notice shall:

a. inform the employee of the intended disciplinary action and the effective date of the action;
b. provide a brief explanation of the action, including where appropriate, illustrative materials;
c. inform the employee of the right to respond, the person to whom any response must be directed, and the fact that such response must be received by said person within ten (10) work days of the date of issuance of the Notice; and
d. inform the employee of their right to representation.

The employee shall be entitled to respond, either orally or in writing, to the Notice of Intent described above. Such response must be received within ten (10) work days from the date of issuance of the Notice of Intent. After review of an employee’s timely response, if any, the University shall notify the employee and the Union of any action to be taken. Such action to be taken may not include discipline any more severe than that described in the Notice. However, the University may reduce such discipline without the issuance of a further Notice of Intent.
Union Notification. When discipline exceeds a letter of warning, a copy of the notice of the final action taken will be sent to Teamsters Local 2010 within three (3) business days. The Union is responsible for keeping the University informed of the name and contact information for the designated representative(s).

D. Investigatory Leave

1. The University may place an employee on Investigatory Leave without prior notice in order to review or investigate allegations of conduct which, in the University’s view, would warrant relieving the employee immediately from all work duties. The employee will be on paid administrative leave status for the duration of the leave.

2. An employee placed on an investigatory leave must be notified in writing within no later than one (1) business day after commencement of the leave. The written notice must include the reason(s) for the leave and the expected duration of the leave. The notice will also direct the employee to remain available to speak with and provide information to the University investigator upon request. A copy of the investigatory leave notice will be sent to Teamsters Local 2010 within three (3) business days of commencement of the leave.

E. Written Warning
Dismissal shall be preceded by at least one written warning, except in situations in which the employee knows or reasonably should have known that the performance or conduct was unsatisfactory. Such performance or conduct may include but is not limited to dishonesty, theft or misappropriation of University property, fighting on the job, insubordination, acts endangering others, or other serious misconduct.

F. Records
Disciplinary action records as well as counseling memoranda (including letters of concern and letters of expectation) are in effect from the date of issuance until eighteen (18) consecutive months have transpired without any further disciplinary action as defined in this Article. At the employee’s written request, disciplinary letters as well as counseling memoranda (including letters of concern and letters of expectation) no longer in effect shall be removed from the employee’s file. The employee may, at any time, submit written responses to disciplinary actions for inclusion in the employee’s file.

G. Relation to Grievance Procedures
Disputes regarding oral reprimands, letter of concern, and release of probationary and limited appointment employees, are excluded from the Grievance and Arbitration procedures of this Agreement. Written warning, unless used as a basis for subsequent disciplinary suspension or discharge, are not subject to the Arbitration Article of this Agreement.

H. Job Abandonment.
Failing to report to work as scheduled for five (5) consecutive workdays without notice may be considered job abandonment.

The University will provide the employee with a written Notice of Intent to separate due to job abandonment. The Notice shall be sent to the employee’s last known mailing address. The Notice must include the reason(s) for the separation and a statement that the employee has the right to respond either orally or in writing within ten (10) workdays. A copy of the Notice will be sent to the Union within three (3) business days.

The Notice of Intent will advise the employee that they have the option to respond orally or in writing to the notice and the Notice will identify the designated official for a response. The designated official will be someone who has the the authority to effectively make recommendations on the final University decision.

After the employee has responded or after ten (10) business days, whichever comes first, management will review the response, if any, and issue a final decision. The employee’s separation from employment will be effective as of the final decision date. The University’s decision is not subject to the Grievance or Arbitration provisions of this Agreement.

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