The parties will follow the "Corrective Disciplinary Action Process" outlined below. No RN shall be subject to the Corrective Action Process except for just cause. The principle of Corrective Action will be consistently applied. Consistent application offers the greatest opportunity for both the nurse and the Director/Manager to attempt to work out a satisfactory problem resolution. The process will be considered to incorporate the concept of progressive discipline while providing a positive method for improvement rather than punitive action. Within the context of consistent application of this Article, the Medical Center will determine the specific step at which the process begins based on the nature and severity of the problem.
17.1 Verbal Counseling Session.
Prior to implementing the Corrective Disciplinary Action/Dismissal Process below, a supervisor and RN may have informal discussions over concerns which do not rise to the level of the formal Corrective Action/Dismissal process but which the supervisor feels the RN should be made aware of. The discussions may include suggestions for addressing those concerns.
17.2 Corrective Disciplinary Action/Dismissal Process.
The University will make clear to the RN the specific step of the process being conducted. At all steps of the process the reason for the action will be discussed with the RN, the RN will be made aware of how the Nurse Manager learned of the problem and the RN will be given opportunity to respond.
Formal Disciplinary Counseling. – Formal Disciplinary Counseling will include drafting a written Formal Disciplinary Counseling action plan that will identify specific problem areas, performance objectives and suggestions for remedying the problem areas. The Formal Disciplinary Counseling action plan will also include timelines for the initiation and completion of actions to be taken by the RN and the Employer. The Formal Disciplinary Counseling meeting will be between the RN, an Association representative at the RN's discretion, the Nurse Manager and a Human Resources Consultant. The primary role of the Nurse Manager will be to address the performance problem and the primary role of the Human Resource Consultant will be to guarantee that the meeting is conducted in conformance with due process and this contract.
Final Disciplinary Counseling. – Final Disciplinary Counseling will include individuals in the same capacity as those who attended the Formal Disciplinary Counseling. Final Disciplinary Counseling will include the drafting of a written Final Disciplinary Counseling action plan, which may be identical to or a revision of the Formal Disciplinary Counseling action plan. As part of the Final Disciplinary Counseling session, the Employer may approve a decision-making period of one (1) day of paid time away from the work site in order to give the RN an opportunity to consider the consequences of failure to follow the Final Disciplinary Counseling action plan. If the Employer provides a decision-making day, the RN 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 the RN an opportunity to make his/her case before the final decision is made. The RN has the right to be represented at the pre-determination meeting. Prior to dismissal, absent extraordinary circumstances (e.g. theft; workplace violence), the Medical Center shall give written notice of the charges against the RN not less than five (5) days prior to the pre-determination meeting.
Demotion. – When mutually agreed, demotion to another position within the bargaining unit may be considered at any step of the Process.
Investigatory Meetings. – A RN may request and be accompanied by an Association representative when a meeting is investigatory in nature and may reasonably be expected to result in Formal Disciplinary Counseling, Final Disciplinary Counseling or Dismissal. RN's will be advised of any scheduled investigatory meeting when Formal Disciplinary Counseling, Final Disciplinary Counseling or Dismissal is a potential outcome so the RN's may determine if they wish to have an Association Representative present at the investigatory meeting.
Formal Disciplinary Counseling, Final Disciplinary Counseling, Pre-determination Meetings. – RN's will also be notified orally or in writing that they may bring Association representation to Formal Disciplinary Counseling, Final Disciplinary Counseling and pre-determination meetings.
Attendance of Association representatives at investigatory meetings or at Formal Disciplinary Counseling, Final Disciplinary Counseling and pre-determination meetings will not delay the process unduly. RN's have a right to a meeting with management whenever the Corrective Action/Dismissal Process is being invoked.
Time spent by Association Representatives in Employer initiated meetings (i.e., investigatory meetings, formal and final disciplinary counseling, pre-determination meetings) shall be considered work time and will be paid at the regular rate of pay.
All steps of the Corrective/Disciplinary Process may be grieved. Final Disciplinary Counseling and Dismissal may be grieved through every step of the grievance procedure beginning at Step Three.
Any RN may resign from service and shall make a good faith effort to give at least thirty (30) days' notice of resignation. RNs who submit their resignation in writing at least fourteen (14) calendar days in advance of the effective date may withdraw the resignation if notice of withdrawal is received in writing by the Employer within seventy-two (72) hours, excluding Sunday and holidays, from the date of the submission of the resignation. RNs who submit their resignation with fewer than fourteen (14) days' notice have no right to withdraw the resignation. The Employer may permit withdrawal of a resignation at any time.