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UW - SEIU1199NW Master Contract

2015-2017 Biennium

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 University will determine the specific step at which the process begins based on the nature and severity of the problem.

21.2 Representation During Investigations.

  1. Upon request, an employee has the right to a union representative at an investigatory interview called by the Employer, if the employee reasonably believes corrective action could result. The Employer will provide reasonable time to allow an employee to secure a representative.
  2. The role of the union representative in regard to Employer-initiated investigation is to provide assistance and counsel to the employee and not interfere with the Employer's right to conduct the investigation. Every effort will be made to cooperate in the investigation.
  3. An employee placed on an alternative assignment during an investigation will not be prohibited from contacting his or her union representative unless there is a conflict of interest, in which case the employee may contact another union representative. This does not preclude the Employer from restricting an employee's access to the Employer's premises.

21.3 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.

21.4 Corrective Action/Dismissal Process.
The Employer will make clear the Step of the process being conducted.

Step A - Informal, verbal counseling between employee and immediate supervisor.
Supervisor may follow up in writing which may include an action plan, which shall not be placed in the employee's file.

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

Step C - Final Counseling.
Final 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.
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. At least five (5) days prior to the meeting, the employee will be informed in writing of the reasons for the contemplated dismissal and given referenced documentation. The employee will be furnished with written notification of the outcome of the pre-determination hearing.

Grievability/Arbitrability.
Step A of the Corrective Action/Dismissal Process above is not grievable. Formal counseling may be grieved through Step Three Mediation of the grievance procedure only. Final counseling and dismissal may be grieved through every step of the grievance procedure beginning at Step Two.

21.5 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.

21.6 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.

21.7 Investigations.

  1. If the Employer places an employee on administrative leave for investigatory purposes, the Employer will notify the employee prior to the onset of the leave of the subject of the investigation. At the conclusion of an investigation, where the Employer elects not to take corrective action, the employee will be provided with a notification that the investigation is completed and that no corrective action will be imposed.
  2. Upon request of the Union, if an investigation of employee lasts longer than sixty (60) days from the date the employee was interviewed, the Employer will provide an explanation to the Union of the current status of the investigation (for example: interviews still being conducted, drafting of investigative report, waiting for analysis of data), next steps and approximate timeframe for completion.

21.8 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.

21.9 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.

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