Page 95 - 2016-2021-ISU
P. 95

her rights under this Article.

         §33.3 Disciplinary Procedure

               (a) Notice of Discipline
              (1) Where the  appointing  authority or the appointing authority’s

         designee seeks the imposition of a written reprimand, suspension without
         pay, a fine not to exceed two weeks’ pay, loss of accrued leave credits,

         reduction in grade, or dismissal from service, notice of such discipline shall
         be made in writing and served upon the employee.  Discipline shall be

         imposed only for incompetency or misconduct.  The specific acts for which
         discipline is being imposed and the penalty proposed shall be specified in

         the notice.  The notice of discipline shall contain a detailed description of
         the alleged acts and conduct including reference to dates, times and places.

            (2) If the arbitrator appointed pursuant to this Article finds, upon motion
         before the commencement of the arbitration,  that  the  notice does not

         sufficiently apprise the employee of the  acts or conduct for  which
         discipline is being imposed, he or she may require that, where the employer

         has either refused to provide such specificity where the information sought
         was available or the charges are so vague and indefinite that the employee

         cannot reasonably respond, the State provide more specificity within thirty
         (30) days of the ruling.  The arbitrator shall proceed immediately with the

         arbitration hearing on those charges in the notice of discipline where no
         specificity is required.  If the State does not provide such specificity as

         required by the arbitrator within thirty (30) days, the arbitrator shall dismiss
         those non-specific charges only, with prejudice, and resolve the remaining

         charges, if any, contained in the notice.  In order for such a motion to be

         made at the hearing, the employee or his or her representative must have
         made a request of the employer before  the  hearing  to provide such
         specificity of the notice and the employer must have failed to do so.

              (3) Two copies of the notice shall be served on the employee.  Service

         of the notice of discipline shall be made by personal service, if possible.  If
         service cannot be effectuated by personal service,  it shall be made by
         registered or certified mail, return receipt requested.

              (4) The Arbitration Administrator of CSEA and the CSEA Local

         President shall be immediately advised by email, where available, and by
         regular first-class mail, of the name and work site of an employee on whom

         a notice of discipline has been served.


                                                            94
   90   91   92   93   94   95   96   97   98   99   100