VI. DISCIPLINE AND DISMISSALS

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Revision as of 23:48, 3 July 2011 by xx>Boardaa (moved VI. DISCIPLINE AND DISMISSALS to VII. DISCIPLINE AND DISMISSALS: Renumbered)
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A. DISCIPLINE

  1. Disciplinary action may be taken by the Executive Director because of inattention to duty, inefficiency, insubordination, absence without leave, violation of law or BSC rules, or action detrimental to the BSC. Disciplinary action may take the following forms: warning, making up lost time, unpaid over¬time necessary to complete work properly, and recommendation to the Board of Directors for withholding wage range increases, suspension, demotion, or dismissal (when these actions are not within his/her authority).
  2. For disciplinary purposes, the Executive Director shall have the authority to suspend or temporarily alter the job duties or classification of any employee for no longer then two weeks, without the approval of Personnel Appeals Committee.
  3. The Executive Director must notify the Coordinator for Outreach Diversity & Anti-Discrimination in writing of the reasons for and methods of discipline.


B. PROBATION

  1. Every new employee shall receive a probation period of one hundred twenty days from the date of commencing employment, with the exception of permanent Room and Board employees, who shall have a probation period of ten weeks. During such period, the employee may be discharged without recourse to the grievance procedure. The Department Supervisor may recommend to the appropriate manager that the employee be dismissed. The appropriate manager shall have the authority to dismiss the employee and must submit reasons for dismissal to the Personnel & Operations Committee in a written report. The appropriate manager may extend the trial employment period by a further 120 days at his/her discretion and notification of this must be sent to Cabinet, the General Manger, and the employee.
  2. Newly hired Managers shall have a probationary period of six months. The Board of Directors may extend this probationary period another six months. The Executive Director must obtain the approval of the Board prior to dismissing a Manager on probation. An absolute majority vote of the Board shall be required to grant such approval.


C. DISMISSAL NOTICE
All employees shall be given two weeks notice of the decision to dismiss them or two weeks salary in lieu of notification.


D. DISMISSAL OF REGULAR EMPLOYEES AND ROOM AND BOARD EMPLOYEES

  1. As a matter of policy the Board of Directors 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.
  2. An employee may be dismissed by the BSC if their working relationship with the student membership has so deteriorated as to significantly interfere with job performance. The Board of Directors or the BSC President may convene a special committee to investigate whether there is cause to dismiss an employee under this section. The committee shall consist of: the BSC President, Personnel & Operations Committee Chair, Executive Director, Department Supervisor, and one other member selected by the Board of Directors. In the event that the Executive Director is the Department Supervisor, the Operations manager shall serve on the committee.
    a. The committee shall meet in closed session. Testimony shall be confidential, but the employee shall be given the right to respond to the substance of charges made.
    b. A majority vote of the committee shall be required to dismiss an employee.
    c. A decision to dismiss may be appealed to the Personnel Appeals Committee, whose decision is final.
  3. A regular employee may be dismissed by the BSC if his/her efficiency and competency in the performance of his/her duties is unsatisfactory. After making every reasonable effort to reconcile the difficulty with the employee, the Department Manager may issue a written warning to an employee. The warning shall detail those aspects of job performance that are deemed unsatisfactory. The Executive Director shall receive a copy of the warning letter.
    a. After discussing the warning with the Department Manager, the employee may appeal the warning to the Executive Director. The appeal may be based on either or both of the following grounds:
    i. The facts as stated in the warning are false.
    ii. The charges as stated in the warning are not sufficiently important to warrant dismissal.
    If the Executive Director upholds the warning letter, the employee may appeal to the Personnel Appeals Committee (see Personnel Code section XIII.C.).
    b. The appeals process shall proceed according to the following guidelines:
    i. The appeal shall not be public. Neither the appeal, nor the result of the appeal shall be announced to the membership nor the Board of Directors. The Personnel & Operations Committee Chair shall conduct the appeal upon the request of the staff member receiving the warning.
    ii. It shall be the responsibility of the Manager to present facts and evidence to support his/her warning. The Manager must convince the Personnel Appeals Committee that the “preponderance of evidence” (as opposed to “beyond a reasonable shadow of a doubt”) supports his/her warning.
    iii. The Personnel Appeals Committee shall meet in closed session. Tes¬timony will be confidential, but both the Executive Director and the employee appealing the warning letter shall have the right to both be present during the giving of testimony to Personnel Appeals Committee and respond to the testimony given. Either the Manager or the employee may request that witnesses be called.
    iv. The Committee shall go into executive session in order to arrive at its decision. An absolute majority vote of the Committee shall be required to uphold a warning. The vote of the Committee shall be final. The vote count, but not the individuals’ votes, shall be announced to the Manager and to the employee.
    v. If the warning is upheld, the employee shall have thirty days from the date of receiving the warning to improve his/her job performance (three weeks for room and board employees). If, in the judgment of the Manager originally issuing the warning, job performance problems as cited in the original warning have not been corrected, the employee shall be dismissed. Dismissal may occur any time thirty to ninety days after the receipt of the warning, after which time the warning shall ex¬pire.
  4. The above procedure shall be followed for the dismissal of room and board employees, except that the employee shall have three weeks in which to improve job performance if a warning letter is upheld. The warning letter shall expire after forty-five days for employees hired semesterly; ninety days for employees hired longer than a semester.
    a. The Executive Director shall not have the authority to dismiss room and board employees, but may recommend to the Personnel Appeals Committee that the employee be dismissed.
    b. Unless the employee request an open meeting, the meeting where Personnel Appeals Committee considers dismissal of the room and board employee shall be limited to the Executive Director, the Department Supervisor, the employee, and the members of the Committee.
    c. The decision of the Committee shall be final.
  5. Employees in their probationary period may be dismissed by the procedure outlined in Paragraph B., Probation.


E. DISMISSAL OF TEMPORARY AND WORKSHIFT EMPLOYEES

  1. In cases of misconduct or failure to maintain appropriate work performance standards, the Department Supervisor shall, after making every reasonable effort to reconcile the difficulty with the employee, recommend to the Executive Director that the employee be dismissed.
  2. The employee shall be informed of the recommendation and the reasons for the recommendation.
  3. The employee may appeal the Executive Director’s decision to the Personnel Appeals Committee.