Section 1. The University shall not discipline bargaining unit employees without just cause As used in this Article "discipline" means a written warning, a suspension without pay or termination of an appointment based upon job-related misconduct, non-job related misconduct or job performance.
Section 2. Notice of Discipline. The University will promptly notify the bargaining unit employee and the Union in writing of the issuance of discipline, which may then be challenged through the grievance and arbitration procedures ofArticle 28.
Section 3. Dismissals and Unpaid Suspensions:
(a) Prior to the dismissal or unpaid suspension ofa bargaining unit employee, they shall be provided with written notice, with a copy to the Union, that a dismissal or an unpaid suspension is being considered. The written notice shall include the nature of the alleged violation, the level of discipline contemplated, the right to a hearing, and the right to Union representation. Upon request, the employee and the Union shall be entitled to a copy of any investigatory report that has been prepared that will be used to consider the level of discipline, although confidential information and witness statements may be redacted or withheld.
(b) Within seven (7) calendar days of receiving the written statement, the bargaining unit employee, or the Union if the employee requests Union representation, may request a hearing before their department head or dean, as appropriate. This hearing shall be held within ten (10) calendar days following receipt of the bargaining unit employee's request, unless mutually extended by the parties. The bargaining unit employee and the Union representative, if any, shall be provided with an opportunity to respond to the reasons for the contemplated dismissal or unpaid suspension.
c) Within seven (7) calendar days of the hearing, the department head or dean shall decide whether to dismiss or suspend the bargaining unit employee, and notify them and the Union accordingly. If the decision is to dismiss, the notice will include the effective date. If dismissal or unpaid suspension is not ordered, the department head may impose a lesser form of discipline or impose no discipline. If no discipline is imposed, no record of the incidents) shall be placed in the employee's employment file.
d) The University will not increase the contemplated level of discipline set forth in the written notice of the potential for disciplinary action pursuant to Subsection (a) of this Subsection.
e) The decision of the department head or dean under this Section may be appealed directly to Step Two in Article 28.
Section 4. The University may place a bargaining unit employee on paid administrative leave without prior notice in order to investigate allegations of misconduct or dereliction of duty that, in the judgment of the University, warrant relieving the employee from work duties or removing the employee from the premises. The Union will be promptly notified of any such administrative leave. At the conclusion of the investigation, the University shall notify the employee and the Union of the results of the investigation and either initiate the discipline process or put them back to work if the term of their appointment has not ended. If the term of the employee's appointment ends during a paid administrative leave, the paid leave will terminate as of the end of the appointment term. The following shall apply to leaves under this Section:
a) Paid administrative leave shall not be considered discipline; and
b) If no disciplinary action is taken, no record of administrative leave will be placed in the employee's employment file.
Section 2. Notice of Discipline. The University will promptly notify the bargaining unit employee and the Union in writing of the issuance of discipline, which may then be challenged through the grievance and arbitration procedures ofArticle 28.
Section 3. Dismissals and Unpaid Suspensions:
(a) Prior to the dismissal or unpaid suspension ofa bargaining unit employee, they shall be provided with written notice, with a copy to the Union, that a dismissal or an unpaid suspension is being considered. The written notice shall include the nature of the alleged violation, the level of discipline contemplated, the right to a hearing, and the right to Union representation. Upon request, the employee and the Union shall be entitled to a copy of any investigatory report that has been prepared that will be used to consider the level of discipline, although confidential information and witness statements may be redacted or withheld.
(b) Within seven (7) calendar days of receiving the written statement, the bargaining unit employee, or the Union if the employee requests Union representation, may request a hearing before their department head or dean, as appropriate. This hearing shall be held within ten (10) calendar days following receipt of the bargaining unit employee's request, unless mutually extended by the parties. The bargaining unit employee and the Union representative, if any, shall be provided with an opportunity to respond to the reasons for the contemplated dismissal or unpaid suspension.
c) Within seven (7) calendar days of the hearing, the department head or dean shall decide whether to dismiss or suspend the bargaining unit employee, and notify them and the Union accordingly. If the decision is to dismiss, the notice will include the effective date. If dismissal or unpaid suspension is not ordered, the department head may impose a lesser form of discipline or impose no discipline. If no discipline is imposed, no record of the incidents) shall be placed in the employee's employment file.
d) The University will not increase the contemplated level of discipline set forth in the written notice of the potential for disciplinary action pursuant to Subsection (a) of this Subsection.
e) The decision of the department head or dean under this Section may be appealed directly to Step Two in Article 28.
Section 4. The University may place a bargaining unit employee on paid administrative leave without prior notice in order to investigate allegations of misconduct or dereliction of duty that, in the judgment of the University, warrant relieving the employee from work duties or removing the employee from the premises. The Union will be promptly notified of any such administrative leave. At the conclusion of the investigation, the University shall notify the employee and the Union of the results of the investigation and either initiate the discipline process or put them back to work if the term of their appointment has not ended. If the term of the employee's appointment ends during a paid administrative leave, the paid leave will terminate as of the end of the appointment term. The following shall apply to leaves under this Section:
a) Paid administrative leave shall not be considered discipline; and
b) If no disciplinary action is taken, no record of administrative leave will be placed in the employee's employment file.
