ARTICLE 11

PERSONNEL FILE

Reprimands

11.1

An employee may receive from an appropriate administrator an oral and/or written reprimand. Reprimands shall be provided in a timely and confidential manner.

11.2

Within thirty (30) days of the issuance of the reprimand, an employee may request a conference with the appropriate administrator who issued the reprimand to discuss the reprimand. Such a request shall not be unreasonably denied. Another employee or the designated union representative may represent the employee at the conference.

11.3

A written reprimand shall be placed in the official personnel file of the affected employee and shall be subject to Article 10, Personnel File. The employee shall be provided with a copy of a written reprimand. An employee may appeal the decision to place a written reprimand in his/her personnel file to the President or designee within five (5) days after the conference held pursuant to 11.2 above. The President or designee may hold a meeting with the employee and his/her representative, if any. Within ten (10) days of receipt of the appeal, the President or designee shall provide a written response to the employee.

Rebuttal to Reprimand

11.4

An employee shall have the right to attach a rebuttal statement to a written reprimand in his/her official personnel file.

Removal of Reprimand From Personnel File

11.5

Upon the employee's request and three (3) years from its effective date, a reprimand in the personnel file shall be permanently removed. Such a request shall be promptly honored and a statement verifying the permanent removal of the reprimand shall be provided to the employee. Neither the employee request for such a removal, nor the statement verifying the removal, shall be placed in the employee's personnel file. If a notice of disciplinary action has been served on the employee and such a reprimand is related to the disciplinary action, this provision shall not be implemented. Nothing in this provision shall prohibit earlier removal of the reprimand.

Temporary Suspension

11.6

The President or designee may temporarily suspend with pay an employee for reasons related to (a) the safety of persons or property, (b) the prevention of the disruption of programs and/or operation, or (c) investigation for formal notice of disciplinary action.

11.7

The President or designee shall notify the employee of the immediate effect of a temporary suspension.

11.8

The President or designee may terminate or extend a temporary suspension and shall so notify the employee.

11.9

Unless earlier terminated by the President or designee, a temporary suspension including any extension of a temporary suspension shall automatically terminate upon the service of formal notice of disciplinary action or thirty (30) days after its commencement, whichever first occurs.

11.10

Temporary suspension and corrective action shall not be subject to Article 7, Grievance Procedure, unless the grievant alleges the terms of this Agreement have been violated, misinterpreted, or misapplied.

Investigatory Interviews (Weingarten Rights)

11.11

Upon request, an employee may be represented at an investigatory interview if he/she reasonably believes that disciplinary action may result. Prior to the interview, the employee is entitled to be informed of the general nature of the matter being investigated and to consult with his/her representative, if any. The right to representation does not apply to meetings held exclusively to inform an employee of a previously made disciplinary decision. If the representative an employee requests is unavailable, the employee may request alternate representation. The Employer is not obliged to postpone the interview, nor to suggest or secure the alternate representation; however, the employee shall not be required to answer any questions without a representative present, unless he/she voluntarily chooses to do so. At its discretion, the Program may decline to hold any interview if the employee requests representation.

 

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