Effective 7/1/15 - 6/30/17
Neither party will be bound by typographical errors, grammatical errors, or other instances of unintended error in this contract. Furthermore, the parties agree that any unintended changes to the contract language as a result of contract consolidation will not create new legal rights or responsibilities outside of the parties' specific intent. The parties reserve the right to correct any such mistakes or omissions by mutual agreement at any point during the life of the contract in order to preserve the original intent of the language.
18.1 The parties will follow the "Corrective Action/Dismissal Process" outlined below. No employee shall be subject to the process except for just cause. The process will be considered to incorporate the concept of progressive action while providing a positive method for improvement rather than punitive action. The University will determine the specific step at which the process begins based on the nature and severity of the problem.
18.2 Corrective Action/Dismissal Process.
The University will make clear when formal or final counseling is being conducted.
Informal Counseling - Informal discussion or counseling between employee and immediate supervisor. Supervisor will follow-up in writing, which will include simple action plan, if necessary.
Formal Counseling - Formal counseling (may involve administrative personnel other than the employee's immediate supervisor) including the development of a written action plan. The action plan will identify specific problem areas, performance objectives, suggestions for remedying, and a timeframe for improvement.
Final Counseling - Final counseling (may involve administration other than the employee's immediate supervisor) including action plan discussion and revision, where appropriate. A decision-making period of one (1) day of paid time away from the work site for the employee to consider the consequences of failure to follow the action plan may be used at this step. If the Employer decides to provide a decision-making day, the employee will be given a list of expectations and problem statements prior to the day taking place.
Dismissal - Prior to dismissal, a pre-determination meeting will be scheduled to give an employee an opportunity to make his/her case before the final decision is made. The employee has the right to have a Union representative present at the pre-determination meeting.
Demotion - When mutually agreed, demotion may be considered at any step of the Process.
Informal counseling may not be grieved. Formal counseling may be grieved through Step Two of the grievance procedure only. Final counseling and dismissal may be grieved through every step of the grievance procedure beginning at Step Two.
Employees shall be notified orally or in writing that upon request they shall be entitled to have a representative present when formal counseling, final counseling or dismissal is occurring. Employees have a right to a meeting with management whenever corrective action is issued. Attendance of a representative shall not delay the disciplinary process unduly as determined by the Employer. All parties shall make every effort possible to allow for Union representation without unduly delaying the process.
18.5 Upon written request by the employee, any formal counseling, excluding those for workplace violence or University policies against harassment, discrimination, or retaliation, will be removed from an employee's personnel file after three (3) years if the following criteria have been met:
Nothing in this Article prevents the Employer from agreeing to an earlier removal date.