CWA 1104/GSEU/ContractIndex/Article 17: Discipline and Discharge

From CGEU

17.1 Purpose

The purpose of this Article is to provide a prompt, equitable and efficient procedure for the imposition of discipline for just cause. Both parties to this Agreement recognize the importance of counseling and the principle of corrective discipline.

17.2 For purposes of this Article, a disciplinary penalty is defined exclusively as the issuance of an official letter of reprimand, implementation of a monetary fine, imposition of a suspension without pay, or discharge from employment. The provisions of this Article shall not apply to actions taken by the campus related to academic performance or progress (including but not limited to discharge), non-renewal, loss of funding, or terminations due to physical or mental incapacity, nor shall such actions be regarded as a disciplinary penalty.

17.3 Disciplinary Procedures for disciplinary penalties other than discharge from employment

  1.

     In the event the campus has imposed a disciplinary penalty as defined in Article 17.2 other than discharge from employment, the employee shall have, upon the filing of a timely request, the right to meet with the President's designee so that the employee may respond to the charges that are the basis for the discipline.
  2.

     Within five (5) calendar days of the effective date of implementation of such penalty or the date upon which the employee should reasonably have been aware such penalty was to be implemented, whichever is later, the employee may file a written request for a meeting with the President's designee. Such written request shall be filed by the employee by personal service or certified mail Return Receipt Requested. Such request shall be considered filed on the date of delivery for personal service or upon the date of postmark for date of mailing affixed by the U.S. Postal Service on the return receipt for certified mail. In the event a request is not filed within the above specified time limits, all rights and entitlements contained in this Article and otherwise applicable shall be deemed waived.
  3.

     The employee may elect to be accompanied to such meeting by a representative of the GSEU. Such election must, however, be clearly stated within the written request for a meeting with the President's designee. In the event an employee does not clearly state in such written request that he/she will be accompanied by a GSEU representative, it shall be deemed a waiver of such right for purposes of the meeting with the President's designee.
  4.

     Within five (5) calendar days of the employee's filing of a request for a meeting with the President's designee, the President's designee shall initiate the scheduling of a meeting with the employee for purposes of discussing the basis for the implementation of the disciplinary penalty. The President's designee shall send written confirmation to the employee identifying the time, date and place where such meeting will be held. Accompanying such written confirmation shall be a brief written description of the basis for the implementation of the disciplinary penalty. In the event the employee has indicated in his/her written request that he/she will be accompanied to such meeting by a representative from the GSEU, the appropriate campus GSEU representative as identified under Article 26 of the Agreement will be the person to whom all scheduling matters and materials will be directed.

17.4 Disciplinary Procedures for Discharge

  1.

     The procedures contained in this Article shall be applicable only where the campus has imposed a disciplinary penalty of discharge from employment as defined in Article 17.2.
  2.

     Within ten (10) calendar days of the effective date of the discharge from employment, the President's designee shall personally deliver or send by certified mail a brief written description of the basis for implementing such disciplinary penalty. Such brief description should contain information sufficient to understand the nature of precipitating event or events, such as times, dates and places if applicable.
  3.

     Within five (5) calendar days of receipt of the written notification from the President's designee referred to in Article 17.4(b), the employee may file a demand for a review by the President's designee of the basis for the disciplinary discharge from employment. Such demand shall be filed by the employee by personal service or certified mail. Such demand shall be considered filed on the date of delivery by personal service or upon the date of the postmark affixed by the U.S. Postal Service on the return receipt for certified mail. In the event such demand is not filed within the above-specified time limits, all rights and entitlements contained in this Article and otherwise applicable shall be deemed waived.
  4.

     The employee may elect to be represented by GSEU for the purposes of the Review by the President's designee. Such election, however, must be clearly stated within the written demand for a Review by the President's designee. In the event an employee does not clearly state in such written demand that he/she will be represented by GSEU, it shall be deemed a waiver of such right for purposes of the Review by the President's designee.
  5.

     Within five (5) calendar days of the employee's filing of a demand for a Review, the President's designee shall initiate the scheduling of a Review Meeting for the purposes of reviewing the basis for implementation of the disciplinary discharge from employment. The President's designee shall send written confirmation to the employee identifying the time, date and place where such meeting will be held. In the event the employee has indicated in her/his written request that he/she will be accompanied to such meeting by a representative from the GSEU, the appropriate campus GSEU representative as identified under Article 26 will be the person to whom all scheduling matters and materials will be directed.
  6.

     Decision of President's Designee
     Within ten (10) calendar days of the meeting with the President's designee, held pursuant to Article 17.4, the President's designee shall issue a written decision regarding her/his review of the basis for implementation of the disciplinary discharge from employment. Such written decision shall contain a summary of the arguments and evidence offered in support of the basis provided in Article 17.4(b) for the disciplinary discharge, a summary of the arguments and evidence provided for mitigation of discharge from employment as the disciplinary penalty, a conclusion as to what action, if any, will be taken by the President's designee, and a brief rationale for such conclusion. Such written decision shall be final and binding, and not subject to appeal in any forum.

     17.5  Time Limits

     The time limits set forth in this Article may be mutually extended by the parties in writing.