Forced to waive rights under contract

[bullied_steward]

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?

 

[I'mTheFather]

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?

I think the bolded answers your questions, especially the part that says, "in the opinion of the District".

 

[bullied_steward]

I see what you are saying, but isn't the opinion of the district still subject to just cause? I think the just cause piece was put in there because the district can have some very out of whack opinions. For example I was disciplined much more harshly than an equal ranking employee who has done things like destroying peoples personal property, school property, threatining employees and throwing metal squegee handles at us. All I did was leave a half hour early one night to avoid getting snowed in and turn in the emergency leave request within the time allowed. I was accused of not turning it in even though I sent it by e-mail so it couldn't be lost. I even showed a copy of it with all of the header data included as proof.

Look at # 6 and #7 of the just cause What do you think?

 

[tranquility]

I see what you are saying, but isn't the opinion of the district still subject to just cause? I think the just cause piece was put in there because the district can have some very out of whack opinions. For example I was disciplined much more harshly than an equal ranking employee who has done things like destroying peoples personal property, school property, threatining employees and throwing metal squegee handles at us. All I did was leave a half hour early one night to avoid getting snowed in and turn in the emergency leave request within the time allowed. I was accused of not turning it in even though I sent it by e-mail so it couldn't be lost. I even showed a copy of it with all of the header data included as proof.

Look at # 6 and #7 of the just cause What do you think?

You had due process. The district decided against you and the union failed to file a grievance. "Proof" is no longer really relevant unless you want to sue the union for failing to represent you according to the contract. I suspect you would need a boatload of cash and a shovel to feed an attorney who would do that. As I said before, you are going around in circles. I suspect you made all these same arguments to the district and to the union and to anyone who would listen. I think it is time to accept you signed something you now regret. I suspect the only reason you now regret it is because the threat of immediate termination is no longer hanging over your head. I do not believe the signing had legal significance more than appropriate notification of your new status.

 

[bullied_steward]

I guess there's not much else to do. The reason it looks like I am going in circles is that so many things had gone wrong and were not challenged when they should have been. This is why the problem is way more complex than it should be. I trusted that the union was looking out for me, and I was new as a steward then so I didn't really know better. It is definately a good lesson though. If you are accused of something you didn't do never agree to a lesser discipline just to keep the peace or to preserve the so called "good relationship" between the union and management.
I just hope to stick around long enough to put away some money and look for another job. All other jobs I've had were in the private sector and I have never experienced this much drama. As long as you get results they leave you alone.
Hopefully all the management has been doing lately is to just poke a stick at me so to speak for their amusement.
Oh well...typical government job Thanks for the help everyone

 

[tranquility]

I guess there's not much else to do. The reason it looks like I am going in circles is that so many things had gone wrong and were not challenged when they should have been. This is why the problem is way more complex than it should be. I trusted that the union was looking out for me, and I was new as a steward then so I didn't really know better. It is definately a good lesson though. If you are accused of something you didn't do never agree to a lesser discipline just to keep the peace or to preserve the so called "good relationship" between the union and management.
I just hope to stick around long enough to put away some money and look for another job. All other jobs I've had were in the private sector and I have never experienced this much drama. As long as you get results they leave you alone.
Hopefully all the management has been doing lately is to just poke a stick at me so to speak for their amusement.
Oh well...typical government job Thanks for the help everyone

As to that, I agree. That you seemed to have proof of the error of the most serious of the charges and that proof was not accepted seems problematical. I hope the discipline was intended to correct actions the district felt were wrong rather than some subterfuge to gain power over a union steward. Then, all you have to do is go forth and sin no more.