collective bargaining agreement contract between - Bureau of Indian ...

Article 23Discipline and Adverse ActionsSection 1. GeneralThe purpose of discipline is to correct the offending employee’s behavior and maintain discipline andmorale among other employees. Accordingly, it is the policy of Management that after determining thatmisconduct occurred and that corrective action is warranted, discipline should be initiated as soon aspracticable after the misconduct which prompted it and effected on a progressive and equitable basis asmuch as possible. However, management retains the right to take disciplinary action as it deemsappropriate and on a case-by-case basis. A minor disciplinary action is a reprimand or a suspension of14 days or less. An adverse action is a removal, suspension of more than 14 days, or reduction in gradeor pay (not at the employee’s request). A furlough of 30 days or less (for a permanent full-timeemployee when furlough is not a condition of employment) also constitutes an “adverse action” butfurloughs are taken for programmatic reasons, and not for cause. In determining the penalty,Management should consider such factors as the nature of the offense, the employee’s past disciplinaryrecord, the nature of the position, and any aggravating/mitigating or unusual circumstances. Disciplineand adverse action must be consistent with applicable laws and regulations and will be taken only forjust cause. Letters of Reprimand shall not remain in the Official Personnel Folder (OPF) for longerthan twelve (12) months, however, the letter may be removed at an earlier date at Management’sdiscretion. It is agreed that no employee who enrolls and participates in good faith in the EmployeeAssistance Program (EAP) will be subject to disciplinary action based on the employee’s participation inEAP. Management shall consider, as appropriate, the employee’s participation in EAP in mitigation ofany disciplinary action resulting from conduct related to the employee’s problem. At the pointManagement becomes aware or should have reasonably been aware of a disciplinary action, a proposalshould occur within a reasonable period of time from the date Management became or should havereasonably become aware of the facts forming the basis for the disciplinary action.Section 2. RepresentationAn employee is entitled to Union representation at any examination by the employer in connection withan investigation if the employee reasonably believes that the examination may result in disciplinaryaction against him or her, and the employee requests representation. Prior to issuing a notice ofproposed disciplinary action, or a notice of proposed adverse action, the manager issuing the letter ornotice, or his/her designee, may undertake an appropriate inquiry, which should normally includediscussion with the employee, in accordance with all applicable laws and regulations.Section 3. NoticeThe Supervisor/Manager agrees to give a thirty (30) calendar day notice of a proposeddisciplinary/adverse action to the employee and will furnish the employee a second copy of the proposalletter which the employee may provide to their representative, except for a letter of reprimand (whichrequires no notice). This notice will be in writing and will include:77