| Third National Collective Bargaining Agreement |
ARTICLE 12
Discipline
SECTION 1. Discipline means corrective measures intended to maintain the efficiency of the service and encourage employee conduct and performance compatible with the appropriate and lawful goals, practices, policies, and procedures of the NWS. Disciplinary actions shall be taken for just cause.
SECTION 2.
A. The parties are in agreement that the maintenance of discipline is essential to the satisfactory conduct of the public's business. The objective of discipline is to correct and improve employee behavior so as to promote the efficiency of the service.
1. Reasonable efforts will be made to explore with an employee the source of any conduct deficiency and management will suggest ways to overcome such deficiency. Non-disciplinary/non-investigatory counseling of an employee is a private matter between the supervisor and the employee. Such counseling is a friendly, businesslike exchange of information between an employee and his/her supervisor. It has the specific purpose of improving the employee's conduct or knowledge of a subject related to his/her employment. The employee has no right to a representative during such counseling meetings.
2. However, if an employee reasonably believes that an examination by a representative of Management in connection with an investigation may result in disciplinary action against him/her and the employee requests representation, the NWSEO shall be given the opportunity to represent the employee. Employees will be notified of this provision annually. Normally, no meeting shall be delayed more than one day, except in emergency situations involving a threat to life or property.
SECTION 3. When appropriate, discipline will be preceded by counseling and assistance including warnings, which are informal in nature and are not placed in an employee's Official Personnel Folder (OPF).
SECTION 4.
Disciplinary actions are of two (2) types - major and minor. A suspension means the placing of an employee, for disciplinary reasons, in a non-duty status without pay.
A. Minor Disciplinary Actions shall consist of written reprimands and suspensions of fourteen (14) calendar days or less.
B. Major Disciplinary Actions or Major Adverse Actions shall consist of suspensions for more than fourteen(14) days, removal, reduction in grade, or pay.
SECTION 5.
A. Disciplinary actions will be proposed after:
1. Management becomes aware of the alleged infraction;
2. Management receives an investigative report from an investigating authority; or,
3. there has been a final disposition of a criminal prosecution. This does not preclude Management from proposing an action before the receipt of any investigative report or before the final disposition of a criminal prosecution if Management deems it appropriate to do so.
B. Unit employees will be given thirty (30) calendar days advance written notice of any proposed major disciplinary or adverse action, stating the specific reasons for the proposed action. Unit employees will be given fifteen (15) calendar days written notice of any proposed minor disciplinary action, stating the specific reasons for the proposed action. There is no requirement for a written or verbal notice of a proposed reprimand.
C. In all disciplinary actions or adverse actions, Management shall inform the employee of his/her right to review the material which is used to support the reasons for action given in this notice
D. Management shall give the employee or his/her designated Union representative copies of the material used to support its proposal if requested. The employee shall have fifteen (15) calendar days to reply to any proposed discipline or adverse action. Management may consider a request for additional time within the above time frames in order to respond. The NWS shall give the employee a reasonable amount of official time to review the material used to support its proposal and to prepare an answer, if he/she is otherwise in a duty status.
E. The notice of final decision shall inform the employee of the reasons or charges in the proposed notice which have been sustained and which reasons or charges have not been sustained. The final decision will notify the employee of any statutory appeal rights to which he/she may be entitled and shall also notify the employee that he/she may elect to grieve the discipline under the NGP. This final decision shall also notify the employee of the time limits within which he/she may appeal or grieve this action. If the employee has designated a representative, the representative will be served with a copy of the final decision simultaneously.
SECTION 6. If, after receiving a letter proposing a suspension, removal, or demotion for cause, a bargaining unit employee wishes to raise the allegation that he/she is suffering from alcohol or drug addiction, and by raising that allegation intends that Management should consider the allegation of substance abuse before making any final decision, the employee must, at the time of the reply, support the allegation with evidence that:
A. the employee is, in fact, addicted;
B. the misconduct or poor performance was caused by the addiction; and
C. the employee is currently seeking appropriate treatment for the addiction(s).
Reasonable extension of time to obtain medical documentation will be liberally granted.
SECTION 7. Letters of reprimand are temporary contents of the Official Personnel Folder. An employee may request, in writing, that any such document be removed after one year. Management will remove the reprimand if the employee's record indicates no intervening disciplinary actions, otherwise the reprimand will be removed after three (3) years.
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