CBA Article 25

ARTICLE 25 DISCIPLINE 

25.1 The Employer will not discipline any permanent nurse without just cause. The parties are committed to resolving disciplinary matters involving bargaining unit members in a manner that is timely and fair and is designed to resolve issues at the lowest possible level. 

25.2 Discipline includes oral and written reprimands, reductions in pay, suspensions, demotions, and discharges. 

25.3 Investigations 

A. All agency policies regarding investigatory procedures related to alleged staff misconduct are superseded. The Employer has the authority to determine the method of conducting investigations. When a nurse is reassigned related to an investigation, the nurse will be informed of at least the general nature of the allegation. Examples of the general nature of allegations may include, but are not limited to, abuse, neglect, exploitation, inappropriate workplace behavior and violation of specific policies or procedures that triggered the initiation of the investigation. 

B. Upon request, if an investigation will last longer than forty (40) calendar days from the date the nurse was notified of the investigation, the Employer will provide an explanation to the nurse of the current status of the investigation (for example: interviews still being conducted, drafting of investigative report, waiting for analysis of data), next steps and approximately timeframe for completion. Subsequent status notifications will be provided every 30 days until the investigation is concluded. 

C. At the conclusion of any investigation where the Employer elects not to take disciplinary action, the nurse will be provided with a notification that the investigation is completed and that no discipline will be imposed. There is a mutual understanding that it is often beneficial to return the nurse back to normal duty assignment as quickly as possible. 

D. If an investigation is determined to be unsubstantiated, upon request a nurse may review the investigatory report, in the presence of an employer representative. 

25.4 Representation 

A. Upon request, the nurse has the right to a union representative at an investigatory interview called by the Employer, if the nurse reasonably believes discipline could result. In the event the Employer calls a nurse to an investigatory interview, potentially leading to discipline, the Employer will advise the nurse of the nature of the meeting. The Employer will then give the nurse an opportunity to call for a union representative, if requested. A nurse may also have a union representative at a pre disciplinary meeting, if held. If the requested representative is not reasonably available, the nurse will select another representative who is available. Nurses seeking representation are responsible for contacting their representative. 

B. The role of the representative is to provide assistance and counsel to the nurse and cooperate with the investigation. The parties recognize the Employer’s right and authority to conduct the investigation. 

25.5 Prior to imposing discipline, except oral and written reprimands, the Employer will inform the nurse in writing of the reasons for the contemplated discipline, an explanation of the evidence, copies of written documents relied upon to take the action and the opportunity to view other evidence, if any. The nurse will be provided an opportunity to respond. 

The Employer has the authority to impose discipline, which is then subject to the grievance procedure set forth in Article 36. Oral reprimands, however, may be processed only through the agency head step of the grievance procedure. 

© Paul Vilja 2017