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UW/SEIU 1199 Contract (Effective 7/1/13 - 6/30/15)
Article 21 Corrective Action/Dismissal Process and/or Resignation

21.1 Corrective Action/Dismissal. The Employer and the Union will follow the "Corrective Action/Dismissal Process" below for all corrective action/dismissal actions in order to utilize a corrective rather than punitive approach.

No employee shall be subject to the Corrective Action/Dismissal Process except for just cause. The Corrective Action/Dismissal Process will be considered to incorporate the concept of progressive action and provide a positive process for improvement. The specific Performance Problem Step at which the Corrective Action/Dismissal Process begins will be determined by the nature and severity of the problem.

21.2 Written Action Plans. Written action plans shall identify problem area(s), performance objectives and suggestions for remedying and shall include reasonable timelines for completion. When an employee has chosen to be represented by the Union during the Corrective Action/Dismissal Process, the representative will be involved in developing the written action plan. At the conclusion of the counseling session, the Employer will inform the employee when the employee may reasonably expect to receive the written action plan.

21.3 Performance Problem Resolution Steps. The Employer will make clear in writing the Step of the process being conducted.

Step A - Informal, verbal counseling between employee and immediate supervisor. The employer will use the jointly developed general template when conducting a Step A meeting, which shall not be placed in the employee's file.

Step B - Formal Counseling (may involve administration other than the employee's immediate supervisor) including the development of a written action plan.

Step C - Decision-Making Counseling (may involve administration other than the employee's immediate supervisor) including action plan discussion and decision making assignment (a period of paid time away from the work site for the employee to consider the consequences or failure to follow the action plan and to review the final written action plan for possible correction).

Step D - Dismissal or demotion (includes pre-determination hearing).

21.4 Grievability/Arbitrability. Step A of the Corrective Action/Dismissal Process above is not grievable. Steps B, C and D of the Process are subject to every step of the Grievance Procedure.

21.5 Dismissal -- Notice. The employee shall be provided written notice of the specified cause(s) and specific charges. The notice shall be furnished at least fifteen calendar days prior to the effective date of the action and shall be furnished directly to the employee during his/her scheduled working hours, or if this is not possible because of the absence of the employee during his/her regularly scheduled working hours, mailed by certified letter to the employee's last known address. If the notification is furnished directly to the employee, the day it is furnished shall be counted as a day of notice. If the notification is mailed, the notice shall be considered received the same day as it is postmarked and the notice period shall be computed beginning on the date of the postmark.

21.6 Immediate Dismissal -- Cause For. If the Employer determines that a permanent employee is to be dismissed for cause and the circumstances are such that retention of the employee in an active duty status may result in damage to state property or may be injurious to the employee, fellow workers, or the client public, the employee may be dismissed immediately. The employee must be notified in writing, however, the fifteen (15) calendar days notice requirement does not apply. The notification must state the cause for the dismissal and in addition the necessity for the immediacy of the action.

21.7 Representation. All employees upon request shall be entitled to have a representative present during all steps of the Corrective Action/Dismissal Process. All employees upon request shall be entitled to have a representative present during meetings that are investigatory in nature and may reasonably be expected to result in implementation of the Corrective Action/Dismissal Process at Step B or higher.

21.8 Resignation. Permanent employees planning to resign shall make a good faith effort to give at least thirty (30) calendar days notice of intention to terminate. All resignations shall be final unless the Employer agrees to rescind the resignation. The Employer's decision not to rescind a resignation shall not be grievable.

21.9 Investigations. If the Employer places an employee on paid leave for investigatory purposes, the Employer will notify the employee prior to the onset of the leave of the subject of the investigation.

21.10 Off the Job Activities. The private and personal "off the job" lifestyle and activities of an employee shall not be legitimate grounds for disciplinary action initiated by the Employer except where such lifestyle or activities constitute a direct conflict of interest as set forth in RCW 42.18 or are directly detrimental to the employee's work performance.

21.11 RN3s. While RN3s may be involved in mentorship and feedback as well as employee evaluations, management will lead the corrective action process. RN3s can be present with management during the corrective action process.