ARTICLE 13 - Discipline

SECTION 1.  Discipline means corrective measures intended to maintain the efficiency of the service and encourage employee conduct and performance compatible with the appropriate and lawful goals, practices, policies, and procedures of NOAA and AOC.  Disciplinary action shall be taken only for just and sufficient cause, and in accordance with all applicable laws and regulations.  Discipline will be administered in a constructive, progressive, consistent and timely manner.  Management determines the appropriateness of discipline.
 
SECTION 2.

A. Management will explore with an employee the potential source of any conduct deficiency and possible ways to overcome such deficiency.  Non-disciplinary/ non-investigatory counseling of an employee is a private matter between the supervisor and the employee.  It has the specific purpose of improving the employee's conduct or knowledge of a subject related to his/her employment.  If Management determines it is appropriate, a counseling session may be reduced to writing and a copy will be provided to the employee.  The employee has no right to a representative during such counseling meetings.

B.   If an employee reasonably believes that an examination by a representative of Management in connection with an investigation may result in disciplinary action against the employee, and the employee requests representation, the employee shall be given the opportunity to  have a Union representative present in accordance with  5 USC 7114(a)(2)(B), Weingarten Rights.  Management will notify employees of this provision annually. 
 
SECTION 3.  Disciplinary actions are of two types, major and minor.

A.  Minor disciplinary actions include written reprimands and suspensions of fourteen (14) calendar days or less.

B.  Major disciplinary actions include suspensions for more than fourteen (14) calendar days,  reduction in grade or pay, and removal.

  A suspension means the placing of an employee, for disciplinary reasons, in a non-duty status without pay.

SECTION 4. 

A. Disciplinary actions may be proposed after:

            (1)  Management becomes aware of the alleged infraction;

            (2)  Management receives an investigative report from an investigating authority; or

            (3)  There has been a final disposition of a criminal prosecution.

This does not preclude Management from proposing an action before the receipt of any investigative report or before the final disposition of a criminal prosecution if Management deems it appropriate to do so.

When management determines that it is appropriate, discipline may be preceded by counseling and assistance, including warnings, which are informal in nature and are not placed in an employee's Official Personnel Folder (OPF).

B.  Unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, employees will be given 30 calendar days advance written notice of any proposed major disciplinary action stating the specific reasons for the proposed action.  For suspensions of 14 calendar days or less, employees will be given, in writing, a proposal of suspension that will state the specific reasons for the proposed action and that will be provided at least 14 calendar days prior to management rendering a decision on the suspension.

C.  The employee shall have 14 calendar days to reply to any notice issued under Subsection B.  If Management determines a request for additional time to reply is for good cause,  an extension will be granted.  Management shall give the employee a reasonable amount of official time to review the notice and supporting material, and to prepare a reply.

D.  The notice of final decision shall state Management's findings and conclusions with respect to the proposed discipline;  the employee's statutory appeal rights (if any);  the employee's right to elect to grieve the discipline under the negotiated grievance procedure;  and the time limits for appeal or grievance.  Management will include the name and address of the appropriate management official to whom the grievance should be submitted.  The employee and the designated Union representative (if any) shall both be provided  with a copy of the final decision.

SECTION 5.  Letters of reprimand are temporary contents of the OPF, and will remain in the employee’s OPF for up to two years.  Management may remove the reprimand at anytime at its discretion.  After one year, if there have been no further disciplinary problems, the employee may request, in writing, that the document be removed from the employee's OPF.

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