ARTICLE 19

DISCIPLINE

SECTION 1. Management and the Union agree that:

    a. Corrective measures, including formal disciplinary actions, if necessary, will be taken by Management as a result of situations where an employee's conduct or performance falls below an acceptable standard. Management will make reasonable efforts to explore with an employee the source of any difficulty and suggest constructive ways to overcome such difficulty. Counseling of an employee is a private matter between the supervisor and the employee. Counseling is a friendly, business like exchange of information between employees and their supervisor. It is guided by the supervisor. It has the specific purpose of improving the employee's performance, conduct or knowledge of a subject related to his/her employment. The employee is not entitled to union representation during counseling sessions.
    b. Disciplinary action is personal to the employee receiving the action. Neither the Employer nor the Union will publicize actions taken to correct an employee's conduct or performance. Disclosure of information concerning disciplinary actions taken against an employee is prohibited, except the information is available to the employee, Management and Union officials who have a need to know, or other individuals who have the written consent of the employee who received the disciplinary action. Management will set a time for the meeting which gives the employee a minimum of eight (8) hours to obtain representation.

     

SECTION 2. Management officials will:
    a. Whenever they believe an employee has taken an act or action which constitutes delinquency or misconduct and which adversely affects the efficiency of the Federal Service take action to:
      (1) Determine the specifics of the incident including obtaining statements from NESS employee(s) having knowledge of the incident.
      (2) Determine if sufficient cause appears to exist to warrant proposing disciplinary action.
      (3) Discuss the incident with the employee (if available). The employee may request to have a Union representative present at investigation discussions.
    b. Decide to propose or not propose disciplinary action using as a guide the Table of Penalties contained in NOAA Personnel Handbook, Chapter 13.

     

SECTION 3. Adverse actions shall remain a matter of record in accordance with NOAA regulations. The original and one (1) copy will be issued to the employee at the time of presentation. Adverse actions become a matter of record in the Official Personnel Folder.

SECTION 4. Decisions on proposed actions will be made based on review of information upon which the proposal was based and the employee's reply, if any. The final decision may sustain the proposal, may reduce the level of disciplinary action, or may reject disciplinary action.

Section 5. The following are not disciplinary actions:

    a. Terminations during probation;
    b. Abandonment of position; and
    c. Voluntary resignation.

     

SECTION 6. An employee may file an appeal to the Merit System Protection Board at any time during the twenty-day notice, beginning with the effective date of the adverse action, or under the provisions of Article 10 of this Agreement but not both.

SECTION 7. Some of the actions this article does not apply to are:

    a. Decisions of the Office of Personnel Management.
    b. Actions taken pursuant to specific instructions from OPM.
    c. Position classification or wage schedule decisions which do not result in the reduction in grade or pay of an employee.

     

SECTION 8. The arbitrator who finds reasonable cause for disciplinary action taken against employee(s) shall not have authority to set aside or reduce disciplinary action taken.


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