bullied_steward
Junior Member
Here it is
ARTICLE XI - DISCIPLINE/DISCHARGE FOR JUST CAUSE
Section 11.1
1. No employee shall be disciplined without just cause. Such discipline shall be in
private and shall be conducted in a professional manner.
2. The District will follow a policy of progressive discipline unless the seriousness of
the matter justifies a departure in the opinion of the District.
3. Any discipline, whether verbal or written, shall be directed hy and documented by
either the Director of Classified Personnel or Superintendent.
4. Prior to any meeting between an employee in the bargaining unit and his/her
supervisor, where disciplinary action is anticipated to result, the employee will be
notified of his/her right for representation by the Union.
Section 11.2 - The complaint specified in such prior warning notice shall be for the same type
of misconduct as the cause for discharge or suspension.
Section 11.3 - Any suspension or discharge shall be subject to the grievance procedure,
excepting probationary employees who shall be subject to termination at the discretion of the
employer.
Section 11.4 - Termination of employment by the District shall require not less than fifteen (15)
calendar days notice except in cases of just cause immediate termination as stated under
Section 11.1. In any case, the Union Business Representative will be notified, in writing,
immediately. All employees will give fifteen (15) calendar days notice before leaving
==============================
here is the explination of just cause at the end of the contract.
WHAT DOES "JUST CAUSE" MEAN?
The concept of "just cause" requires that there be fundamental fairness in decisions
related to the discipline and discharge of employees. Arbitrators have articulated many
definitions and explanations of ' Just cause" over the years, including, but not limited to
the following tests:
1. Did the employer give the employee forewarning or foreknowledge of the
possible or probable disciplinary consequences of the employee's conduct?
2. Was the employer's rule or managerial order reasonable related to the orderly,
efficient, and safe operation of the business?
3. Did the employer, before administering discipline to an employee, make an
effort to discover whether the employee did in fact violate or disobey a rule or
order of management?
4. Was the employer's investigation conducted fairly and objectively?
5. At the investigation, did the 'judge' obtain substantial evidence or proof that
the employee was guiIty as charged?
6. Has the employer applied its rules, orders and penalties evenhandedly and
without discrimination to all employees?
7. Was the degree of discipline administered by the employer in a particular case
reasonably related to (a) the seriousness of the employee's proven offense and
(b) the record of the employee in his or her service with the employer?
ARTICLE XI - DISCIPLINE/DISCHARGE FOR JUST CAUSE
Section 11.1
1. No employee shall be disciplined without just cause. Such discipline shall be in
private and shall be conducted in a professional manner.
2. The District will follow a policy of progressive discipline unless the seriousness of
the matter justifies a departure in the opinion of the District.
3. Any discipline, whether verbal or written, shall be directed hy and documented by
either the Director of Classified Personnel or Superintendent.
4. Prior to any meeting between an employee in the bargaining unit and his/her
supervisor, where disciplinary action is anticipated to result, the employee will be
notified of his/her right for representation by the Union.
Section 11.2 - The complaint specified in such prior warning notice shall be for the same type
of misconduct as the cause for discharge or suspension.
Section 11.3 - Any suspension or discharge shall be subject to the grievance procedure,
excepting probationary employees who shall be subject to termination at the discretion of the
employer.
Section 11.4 - Termination of employment by the District shall require not less than fifteen (15)
calendar days notice except in cases of just cause immediate termination as stated under
Section 11.1. In any case, the Union Business Representative will be notified, in writing,
immediately. All employees will give fifteen (15) calendar days notice before leaving
==============================
here is the explination of just cause at the end of the contract.
WHAT DOES "JUST CAUSE" MEAN?
The concept of "just cause" requires that there be fundamental fairness in decisions
related to the discipline and discharge of employees. Arbitrators have articulated many
definitions and explanations of ' Just cause" over the years, including, but not limited to
the following tests:
1. Did the employer give the employee forewarning or foreknowledge of the
possible or probable disciplinary consequences of the employee's conduct?
2. Was the employer's rule or managerial order reasonable related to the orderly,
efficient, and safe operation of the business?
3. Did the employer, before administering discipline to an employee, make an
effort to discover whether the employee did in fact violate or disobey a rule or
order of management?
4. Was the employer's investigation conducted fairly and objectively?
5. At the investigation, did the 'judge' obtain substantial evidence or proof that
the employee was guiIty as charged?
6. Has the employer applied its rules, orders and penalties evenhandedly and
without discrimination to all employees?
7. Was the degree of discipline administered by the employer in a particular case
reasonably related to (a) the seriousness of the employee's proven offense and
(b) the record of the employee in his or her service with the employer?