xx>Willkrantz |
|
| Line 1: |
Line 1: |
| <ol style="list-style-type:upper-latin">
| | #REDIRECT [[Employee_Association_Contract#VI._Employee_Discipline_and_Dismissal]] |
| <li>
| |
| Managerial Dismissals and Discipline
| |
| <ol>
| |
|
| |
|
| |
| <li>
| |
| Upon presentation of a petition signed by four Directors of the Board from different units, the Board of Directors shall direct an Investigative Review (as described in Section 18.A.11.) to review whether cause exists for the BSC to dismiss a Manager. The Board of Directors shall not be required to create an Investigative Review Committee or be bound by the procedures outlined in this section in order to dismiss a newly hired Manager who is still in his/her probationary period. Managers may be dismissed for the following reasons:
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>
| |
| Misappropriation of corporate funds or properties.
| |
| </li>
| |
| <li>
| |
| Gross or continued insubordination to a lawful and proper directive of the Board of Directors.
| |
| </li>
| |
| <li>
| |
| Physical or legal inability of Manager to serve in his/her official capacity.
| |
| </li>
| |
| <li>
| |
| Gross incompetence in the performance of official duties.
| |
| </li>
| |
| <li>
| |
| Failure to improve job performance as outlined in a warning letter.
| |
| </li>
| |
| <li>
| |
| Deterioration of the Manager’s working relationship with the student membership or the Board of Directors so as to significantly interfere with the Manager’s job performance.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| The committee shall investigate whether grounds exist for recommending immediate dismissal or the issuance or a warning letter specifying those areas of job performance which must be improved and the time within which this must occur.
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| An Investigative Review Committee evaluating a Manager’s job performance may also recommend to the Board of Directors that it issue a warning letter to the Manager detailing those areas in which job performance must be improved, and the time period within which this must occur. In this event, the Review Committee shall be considered to have gone through the process outlined in section 18.A.11.
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| The Board of Directors meeting discussing the committee’s report shall not be chaired by the Chair of the Investigative Review Committee.
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| The Board of Directors shall meet in public session for a roll call vote on any motions arising from the committee’s report. The Board shall not approve a warning letter for any longer than one year.
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| An absolute majority of the Board of Directors shall be required to dismiss a Manager, including one who is still in his/her probationary period. The Board must meet to act on the committee’s recommendations in not less than one week and no more than two weeks after receiving the committee’s report.
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| Should the Board of Directors issue a warning letter to a Manager, the same Investigative Review Committee which recommended the issuance of the warning letter shall meet prior to the expiration of the warning letter in order to decide whether to recommend the Manager’s dismissal to the Board of Directors.
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>
| |
| Members of the committee who are unable or unwilling to serve shall be replaced by the manner specified in this section.
| |
| </li>
| |
| <li>
| |
| The committee’s recommendations shall be developed and forwarded to the Board of Directors, and shall be considered by the Board of Directors, in the manner outlined in this section.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| In the event of a dispute between the BSC and the Manager concern¬ing the dismissal, the matter shall be resolved through binding arbitration. The arbitrator shall be selected by the Board of Directors from a list of arbitrators to be supplied by the Federal Mediation and Conciliation Service. The arbitrator shall not have the power to add to, to subtract from, or to otherwise change any of the terms or provisions of this Contract. The decision of the arbitrator shall be final and binding on both parties. The decision of which party shall bear the expense of the arbitrator shall be the decided by the arbitrator. The arbitrator shall have no authority to amend this Contract.
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| The Executive Director shall also have the authority to dismiss Managers by the process outlined for Regular Employees. In such a case, the Board of Directors must be informed of the substance of the warning letter given to the Manager. The firing of a Manager by the Executive Director shall be appealable to the Board of Directors.
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| In all cases of Managerial dismissals the Manager shall receive thirty days notice of the dismissal or one month’s salary in lieu of notification.
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| Managerial Investigative Review Committee
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>
| |
| The Committee shall be chaired by the President or a Vice President. The chair shall be a voting member. The Committee shall also consist of a past or pre¬sent house manager chosen by Cabinet, an Executive/Committee chair in the Manager’s field chosen by Cabinet, and two Board members randomly chosen by Cabinet. In the event that no house manager and/or Committee chair is available or willing to serve, then Cabinet shall randomly select additional Board members to serve as replacements. Quorum for a Managerial Investigative Review Committee shall be four.
| |
| </li>
| |
| | |
| | |
| <li>
| |
| The meetings of this committee shall be closed. The Committee shall receive written and/or oral testimony. The identity of those testifying shall be kept confidential, but the Manager shall be kept informed of the substance of testimony in order that s/he may respond. In a case where to reveal the specific charges would inevitably identify the source, the Manager’s right to rebuttal takes precedence over the right of confidentiality. Those making evaluations should be apprised of this as well.
| |
| </li>
| |
| | |
| | |
| <li>
| |
| The Investigative Review Committee shall submit its list of points and recommendations to the Manager in order that s/he may submit an informed statement to the Committee prior to the issuance of its final report, regarding his/her dis¬missal, the issuance of a warning letter, or any other recommendations which the Committee may have.
| |
| </li>
| |
| | |
| | |
| <li>
| |
| The Committee shall publicly announce its recommendations and general rea¬sons for the recommendations. Specific findings and charges shall be sub¬mitted in confidence to the Board of Directors in closed session only, within thirty days of the Committee’s formation.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| </ol>
| |
|
| |
| </li>
| |
| | |
|
| |
| <li>
| |
| Non-managerial Employee Dismissals and Discipline
| |
| <ol>
| |
| <li>
| |
| All employees shall be given two weeks notice of the decision to dismiss them or two weeks salary in lieu of notification.
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| Regular and part-time employees may be dismissed in the following manner:
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>
| |
| As a matter of policy the BSC recognizes that there are two general components which must be considered in evaluating personnel: efficiency and competency in the performance of the job, and the ability of the employee to work effectively with the student membership.
| |
| </li>
| |
| <li>
| |
| An employee may be dismissed by the BSC if his/her working relationship with the student membership has so deteriorated as to significantly interfere with job performance or if his or her efficiency and competency in the performance of his or her duties is unsatisfactory. After making every reasonable effort to reconcile the difficulty with the employee, the appropriate Manager or Supervisor may issue a written warning to an employee. The warning shall detail those aspects of job performance which are deemed unsatisfactory.
| |
| <ol style="list-style-type:lower-roman">
| |
| <li>
| |
| After discussing the warning with the Manager or Supervisor who issued it, the employee may appeal the warning to the Executive Director. The appeal may be based on either or both of the following grounds:
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>
| |
| The facts as stated in the warning are false.
| |
| </li>
| |
| <li>
| |
| The charges as stated in the warning are not sufficiently important to warrant dismissal.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
| <li>
| |
| If the Executive Director agrees with the employee, then the warning shall be withdrawn.
| |
| </li>
| |
| </ol>
| |
| | |
| </li>
| |
| <li>
| |
| If the warning is upheld, the employee shall have thirty days from the date of receiving the warning to improve his/her job performance. If, in the judEDent of the Manager or Supervisor originally issuing the warning, job performance problems as cited in the original warning have not been corrected, the employee will be dismissed. Dismissal may occur any time thirty to one hundred-eighty days after the receipt of the warning. The dismissal may be appealed to the Executive Director, whose decision shall be final. The dismissal shall not be appealable to the Board of Directors or any of its committees.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| As a matter of policy the BSC recognizes that there are cases of misconduct so serious in nature that immediate action on the part of the Manager or Supervisor is warranted. While there is no hard and fast definition of all major offenses, examples of such offenses warranting suspension, dismissal, or other action are delineated below.
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| Disciplinary action by the appropriate Manager or Supervisor may include, but is not limited to, any of the following forms; warning, making up lost time, unpaid overtime necessary to complete work properly, withholding of salary increases, suspension, demotion, or dismissal. Suspensions shall be for no more than five working days without pay. After the first day of suspension the employee may appeal the suspension to the Executive Director.
| |
| <ol style="list-style-type:lower-latin">
| |
| <li>
| |
| Examples of some, but not necessarily all, offenses which may result in immediate suspension without pay of up to five days and possible subsequent dismissal, are delineated below. At the conclusion of the five day suspension, the Manager or Supervisor shall determine whether or not to dismiss the employee. The dismissal may be appealed to the Executive Director whose decision shall be final and not appealable to either the Board of Directors or other committees of the BSC.
| |
| <ol style="list-style-type:lower-roman">
| |
| <li>
| |
| Intoxication or being under the influence.
| |
| </li>
| |
| <li>
| |
| Fighting.
| |
| </li>
| |
| <li>
| |
| Refusal to work.
| |
| </li>
| |
| <li>
| |
| Theft.
| |
| </li>
| |
| <li>
| |
| Willful destruction of property.
| |
| </li>
| |
| <li>
| |
| Gross insubordination.
| |
| </li>
| |
| <li>
| |
| Gross misconduct.
| |
| </li>
| |
| <li>
| |
| Falsification of time card or other official records.
| |
| </li>
| |
| <li>
| |
| Failure to report to work without notification for a period of three days.
| |
| </li>
| |
| <li>
| |
| Failure to obtain or maintain a current license or certificate required by law or institutional standards as a condition of employment.
| |
| </li>
| |
| <li>
| |
| Any act which endangers the safety, health or well-being of another person or which is of sufficient magnitude that the consequences cause disruption of work or gross discredit to the institution.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| Examples of offenses which may result first in a written warning and second in suspension without pay of up to five days, include, but are not limited to:
| |
| <ol style="list-style-type:lower-roman">
| |
| <li>
| |
| Careless, negligent or improper use of property.
| |
| </li>
| |
| <li>
| |
| Unauthorized use of property.
| |
| </li>
| |
| <li>
| |
| Failure to report to work without notification for a period of one or two days.
| |
| </li>
| |
| <li>
| |
| Released confidential information without proper authority.
| |
| </li>
| |
| <li>
| |
| Sleeping on the job.
| |
| </li>
| |
| <li>
| |
| The violation of, or failure to comply with, published rules and regulations of the institution.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
|
| |
|
| |
| <li>
| |
| Examples of offenses which may result first in an oral warning, second in a written warning, and third in suspension without pay of up to five days, include, but are not limited to:
| |
| <ol style="list-style-type:lower-roman">
| |
| <li>
| |
| Uncivil conduct.
| |
| </li>
| |
| <li>
| |
| Tardiness.
| |
| </li>
| |
| <li>
| |
| Unauthorized absence from the job.
| |
| </li>
| |
| <li>
| |
| Failure to maintain satisfactory and harmonious working relationships with the public or other employees.
| |
| </li>
| |
| <li>
| |
| Failure to maintain time card records.
| |
| </li>
| |
| <li>
| |
| Foul and abusive language.
| |
| </li>
| |
| <li>
| |
| Inefficiency, incompetence, or negligence in the performance of duties.
| |
| </li>
| |
| <li>
| |
| Excessive absence.
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| </ol>
| |
| </li>
| |
| | |
| | |
| <li>
| |
| Disciplinary action by the appropriate Manager or Supervisor may be appealed to the Executive Director, whose decision shall be final and not appealable to either the Board of Directors or other committees of the BSC.
| |
| </li>
| |
| | |
| | |
| <li>
| |
| | |
| In the event of a dispute between the BSC and the Employees concerning the dismissal of an employee, the matter shall be submitted to a Board of Adjustment consisting of two representatives designated by the Employees and two representatives designated by the BSC. Members designated by the Employees and by the BSC shall not be directly connected with the dispute. Such Board of Adjustment shall have the power to make proper adjustment provided that any adjustment not exceed lost wages and benefits and/or reinstatement. The Board of Adjustments shall not have the power to add to, to subtract from, or to otherwise change any of the terms or provisions of this Contract. Any other adjustment must be taken up at the Personnel Committee and the Board of Directors.
| |
| <br><br>
| |
| | |
| In the event that a majority of the Board of Adjustment cannot agree, either party may submit the issue in dispute to an impartial arbitrator. However, this must be done within thirty days after the Board of Adjustment has failed to reach a decision. If this is not done, the issue in dispute will be dropped. If arbitration is resorted to, an impartial arbitrator shall be selected within five days after either party has indicated its intention to submit the matter to arbitration.
| |
| <br><br>
| |
| | |
| In the event that the Board of Adjustment cannot agree upon the selection of an impartial arbitrator within five days, such impartial arbitrator shall be selected by the Board of Adjustment from a list of arbitrators to be supplied by the Federal Mediation and Conciliation Service. The arbitrator shall not have the power to add to, to subtract from, or to otherwise change any of the terms or provisions of this Contract. The decision of the arbitrator shall be final and binding on both parties. The decision of which party shall bear the expense of the arbitrator shall be the decided by the arbitrator. During the period that the matter is before the Board of Adjustment, or is in the course of arbitration, there shall be no action taken by one party against the other. The Adjustment Board or arbitrator shall have no authority to negotiate a new Contract or to amend this Contract.
| |
| </li>
| |
| <ol>
| |
| </li>
| |
| </ol>
| |
