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

A. Description of the specific incident(s) on which the proposed action is based;B. The name of the management official who will receive the employee’s oral and/or writtenresponse;C. That employees will normally receive up to a total of eight (8) hours of official time to preparean answer to the proposal;D. The right to review all evidence used to support the charge(s);E. The right of the employee, or the representative designated by the employee, to request anextension of the time to respond; andSection 4. Action by the Deciding OfficialA. After considering the evidence, the employee’s response, if any, the Douglas Factors or otheraggravating/mitigating factors, the Management official shall take an appropriate action such as:(1) Withdraw the proposed action;(2) Institute a lesser action;(3) Institute the proposed action;(4) Stay the action; or(5) Settle.B. Absent any extenuating circumstances, Management will issue the decision no later than sixty(60) calendar days from the date the employee’s final reply is received. If a reply is not providedby the employee, the decision will be issued no later than ninety (90) calendar days from the endof the reply period. This decision will be in writing, and, in (2) and (3) above, will include theemployee’s right to file a grievance under the negotiated grievance procedure for a disciplinaryaction or in the case of an adverse action under 5 USC 7512, to file an appeal to the MeritSystems Protection Board or a grievance under the negotiated grievance procedure, but not both.The decision will include the name and work phone number of the designated local Unionofficial when such information has been furnished to the appropriate Human Resources Office orthe name and work phone number of the Union’s national office or staff representative assignedto the area.C. In adverse actions, the decision will inform the employee that they will have exercised theiroption to raise the matter under one procedure or the other at the time the employee files a timelygrievance or files a notice of appeal under applicable MSPB procedures. In addition to issuingthe employee one copy of the letter, Management will furnish a second copy of the letter to the78