Resolución de 15 de noviem bre de 2000, de la Universidad de

DISCIPLINE AND ADVERSE ACTIONS Section 1 - General

A. It shall be the policy of the Department to effect disciplinary and adverse actions only for just cause and in a fair manner. Disciplinary and adverse actions shall be consistent with the punishable act, the degree of the severity of the act, the employment record of the employee, and the principle of consistency of discipline.

B. Disciplinary and adverse actions taken against Title 38 employees based on

professional conduct or competence, as determined by the Under Secretary for Health, are outside the scope of bargaining and are not intended to be governed by this Article.

Section 2 - Definitions

For purposes of this Article, the following definitions are used:

A. For Title 5, Title 38 § 7401(3) Hybrid and Veterans Canteen Service employees: 1. A disciplinary action is defined as an admonishment, reprimand, or suspension of

14 calendar days or less; and

2. Adverse actions are removals, suspensions of more than 14 calendar days, reduction in pay or grade, or furloughs of 30 calendar days or less.

B. For Title 38 employees:

1. A disciplinary action is defined as an admonishment or reprimand taken against an employee for misconduct or deficiency in competence; and

2. A major adverse action is a suspension, transfer, reduction in grade, reduction in basic pay, or discharge based on conduct or performance.

Section 3 - Removal of Disciplinary Actions

A. Records maintained by supervisors must conform to the requirements for officially approved systems of records. Supervisors may keep personal notes as a reminder in carrying out their supervisory responsibilities. Any notes that are used to support an official agency action must have been discussed with the employee at the time they were made.

B. A written counseling for conduct may only be retained for a period of no longer than six months unless there is an additional occurrence within that period, then it may be retained up to one year, and will not be filed in the employee’s personnel folder.

D. Letters of Reprimand will be removed from the personnel folder after a two year period unless additional occurrences have occurred and then they may be maintained for three years.

Section 4 - Alternative and Progressive Discipline

The Parties agree that the use of alternative discipline shall be a subject for local

supplemental bargaining. The Parties also agree to the concept of progressive discipline, which is discipline designed primarily to correct and improve employee behavior, rather than to punish.

Section 5 - Timeliness and Investigation

A. Management will investigate an incident or situation as soon as possible to determine whether or not discipline is warranted. The decision to discipline shall be initiated within a reasonable time after completion of any investigation.

B. Discipline will be applied fairly and equitably.

Section 6 - Processing Admonishments and Reprimands

A. An employee against whom an admonishment or reprimand is proposed is entitled to 14 calendar days advance written notice, unless the crime provisions are invoked. The notice will state the specific reasons for the proposed action. Management agrees that the employee shall be given up to eight hours of duty time, to review the evidence on which the notice of disciplinary action is based and that is being relied on to support the proposed action. Additional time may be granted on a case-by-case basis. Upon request, one copy of any document(s) in the evidence file will be provided to the employee and their designated representative.

B. The employee or their representative may respond orally and/or in writing as soon as practical but no later than ten calendar days from receipt of the proposed disciplinary action notice. The response may include written statements of persons having relevant information and/or appropriate evidence. Extensions for replying to proposed

disciplinary actions may be granted for good cause.

C. The Management official will issue a written decision at the earliest practicable date. The written decision shall include the reason for the disciplinary action and a statement of findings and conclusions as to each charge. For Title 38 employees, the decision shall also include a statement as to whether any sustained charges arose out of

“professional conduct or competence”, and a statement of the employee’s appeal rights.

Section 7 - Processing Suspensions, Adverse Actions, and Major Adverse Actions

A. An employee against whom a suspension, adverse action, or major adverse action is proposed is entitled to 30 calendar days advance written notice, except when the crime provision has been invoked. The notice will state specific reasons for the proposed action. The employee shall be given the opportunity to use up to eight hours of duty time to review the evidence on which the notice is based and that is being relied on to support the proposed action. Additional time may be granted on a case-by-case basis.

Upon request, one copy of any document(s) in the evidence file will be provided to the employee andtheir designated representative.

B. The employee and/or representative may respond orally and/or in writing as soon as practical but no later than 14 calendar days from receipt of the proposed action notice. The response may include written statements of the persons having relevant information and/or other appropriate evidence. Management has the right to restrict the response time to seven calendar days when invoking the crime provision. Extensions for replying to proposed adverse actions and suspensions may be granted when good cause is shown.

C. The management official will issue a written decision at the earliest practicable date. The written decision shall include the reason for the disciplinary action and a statement of findings and conclusions for each charge. For Title 38 employees, the decision shall also include a statement as to whether any sustained charges arose out of “professional conduct or competence”, and a statement of the employee’s appeal rights.

D. Adverse action notices must be in writing and be consistent with applicable law, regulation and policy.

Section 8 - Notice of Final Disciplinary or Adverse Actions

A. Notice of a final decision to take disciplinary or adverse action shall be in writing and shall inform the employee of appeal and grievance rights and their right to

representation. The employee will be given two copies of the notice; one copy may be furnished to the Local by the employee. Management will inform the Local, in writing, when it takes a disciplinary or adverse action against a unit employee.

B. Notice shall explain in detail the reasons for the action taken and all evidence relied upon to support the decision. The notice will also advise the employee how long the action will be maintained in his/her file. The supervisor shall discuss the notice with the employee. If the employee elects to have a Local representative present, the discussion will be delayed until the Local has an opportunity to furnish a representative.