KM Unit – ART. 25: Discipline and Dismissal

ARTICLE 25 – DISCIPLINE AND DISMISSAL  

A. Right to Discipline and Dismissal 

The University shall have the right to discipline or discharge any  non-probationary career employee for just cause. For purposes of  illustration but not limitation, such actions may be taken for  misconduct or failure to perform satisfactorily. 

B. Types of Discipline 

  1. The University may discipline an employee by written warning,  suspension without pay, demotion, or dismissal.

  2. 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.

  3. 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.

  4. At least one written warning shall precede any other corrective  action except when corrective action is the result of performance  or conduct that an employee knows or reasonably should have  known, was unsatisfactory.

  5. A verbal counseling or written counseling memorandum does  not constitute discipline for the purposes of this Article. (See  Article 8, paragraph H for additional provisions regarding  counseling memoranda. 

C. Investigatory Leave 

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 University may place an  employee on paid investigatory leave. 

Investigations will not normally exceed thirty (30) working days. An  investigatory leave may be extended; however, such extension  beyond thirty (30) working days shall be paid by the University.

D. Notice of Intent 

  1. The University shall provide written notice of the intent to  impose a disciplinary suspension without pay for more than five  (5) working days, disciplinary demotion and/or dismissal. The  written notice shall be given to the employee either by delivery  of the notice to the employee in person or by placing the notice  of intent in the United States Mail, certified with return receipt  requested, addressed to the employee at the employee’s address  of record, which is the employee’s last known home address. The  notice of intent shall be accompanied by “proof of service”  indicating the date which the notice of intent was personally  delivered or mailed, and this date shall constitute the “date of  issuance” of the notice of intent. A copy of the notice of intent  shall be sent to Teamsters Local 2010.


  2. The notice of intent shall:


    1. Inform the employee of the action(s) intended and the  effective date of the action(s);

      1. Suspension: If the notice of intent shall be for a suspension inclusive in the period of the investigatory  leave, inform the employee of the suspension dates

      2. Dismissal: if the notice of intent shall be for dismissal following a period of investigatory leave, inform the employee of the University’s intention that thirty (30) working days shall be without pay;
  1. The reason(s) for such action(s):

    1. Include materials relied upon to support the disciplinary action, if any;

    2. Inform the employee of the right to respond, either orally or  in writing to the Skelly Officer; and the fact that such  response must be received within fourteen (14) calendar  days from the date the notice was issued; and,

    3. Inform the employee of their right to representation.

E. Response to Notice 

  1. The employee and or the employee’s representative may provide  a response, oral or written within fourteen (14) calendar days  from the date of issuance of such notice of intent.

  2. After review of an employee’s timely response to a notice of  intent, if any, the University shall notify the employee of any  action(s) to be taken. Such action(s) may not constitute  discipline more severe than that described in the notice of intent.

  3. Nothing in this Article shall be construed as preventing the  University from imposing any discipline it deems less severe  than that set forth in the notice of intent without issuing a new  notice of intent. 

F. Skelly Hearing 

Within fourteen (14) calendar days of the date the notice of intent  was issued, the employee has the right to respond orally to the  designated Skelly Hearing Officer. The Skelly Hearing Officer shall  not be a University representative who was involved in the decision  to impose a discipline. 

At the Skelly Hearing, the employee shall be entitled to give an oral  response, including any facts or arguments which the employee  and/or the Union wishes to convey to the Skelly Hearing Officer. 

Within five (5) calendar days after the conclusion of the Skelly  Hearing, the Skelly Hearing Officer shall issue a final letter to the  employee with a copy to the Union of any action(s) to be taken in  accordance with Section D above. 

G. Removal of Letters of Disciplinary Action. 

Upon an employee’s request, a Letter of Disciplinary Action shall be  destroyed eighteen (18) months after the date of issuance if during  that time there has been no further disciplinary action taken against  the employee. Letters of Disciplinary Action cannot be used to  support subsequent discipline if there has been no further  disciplinary action within eighteen (18) months following the  issuance of the Letters of Disciplinary Action. 

H. Written Warnings 

Written warnings, unless used as a basis for subsequent disciplinary  suspension or discharge, are not subject to Article 27, Arbitration. 

COPIES OF DISCIPLINE TAKEN PROVIDED TO  TEAMSTERS LOCAL 2010 

When discipline exceeds a letter of warning, a copy of the notice of  the final action taken will be sent to Teamsters Local 2010.

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