The appointing authority may dismiss, issue non-punitive disciplinary letters to, or demote any employee in the classified service provided the rules and regulations of the Civil Service Commission are followed. Employees covered by this agreement may not be temporarily reduced in step.

Right to Steward Representation

Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, they shall be entitled to have a Steward present if so request. It is not the intention of this provision to allow the presence of a Steward during the initial discussion(s) of an employee’s performance evaluation.

37.1     Notice

A permanent classified employee may be dismissed, non-punitively disciplined or demoted for cause only. Any written notice of dismissal, suspension or demotion sent to an employee shall include a statement advising them of the right to be represented by the union concerning the disciplinary action. If the employee is represented by the Union in a pre‑disciplinary meeting (Skelly Hearing), a copy of the decision from the pre‑disciplinary meeting (decision letter) shall be mailed to the Union office.

37.2     Appeals

Any employee may either appeal such dismissal, non-punitive discipline or demotion to the Civil Service Commission or file a grievance in accordance with Section 38.2. Appeal to the Civil Service Commission must be received by the Human Resources Director within 14 calendar days after notice of disciplinary action is mailed or hand delivered to the employee. Grievances must be filed in accordance with subsection 38.2. An employee may not both appeal to the Civil Service Commission and file a grievance under subsection 38.2.

37.3     If an employee has had an excessive number of unplanned absences, they may be placed on a leave restriction plan. Employees shall not normally be placed on leave restriction unless they have first received an oral warning that their attendance is of concern. If an employee is placed on leave restriction, the supervisor will meet with the employee (with union representation if the employee so chooses), and will be provided with a written statement articulating the reason for it, as well as the length of time their attendance is to be monitored. Material relating to the unplanned absences will be made available to the employee. The decision to place an employee on a leave restriction plan is not grievable.