ARTICLE 12
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-GC. No disciplinary action shall be taken except for just and sufficient cause, and in accordance with all applicable laws and regulations.
SECTION 2. A. The parties are in agreement that the maintenance of discipline is essential to the satisfactory conduct of public business. The objective of discipline is to correct and improve employee behavior so as to promote the efficiency of the service.
B. Reasonable efforts will be made to explore with an employee the source of any conduct deficiency and management will suggest ways to overcome such deficiency. Non-disciplinary/ non-investigatory counseling of an employee is a private matter between the supervisor and the employee. Such counseling is a friendly, businesslike exchange of information between an employee and his/her supervisor. It has the specific purpose of improving the employee's conduct or knowledge of a subject related to his/her employment. The employee has no right to a representative during such counseling meetings.
C. However, 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 Union shall be given the opportunity to represent the employee. Except in emergency situations involving a threat to life or property, any meeting between the employee and a Management representative will be scheduled not less than 24 hours after Union notification. Management will notify employees of this provision annually.
SECTION 3. When appropriate, as determined by Management, discipline will 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).
SECTION 4. Disciplinary actions are of two types, major and minor. A suspension means the placing of an employee, for disciplinary reasons, in a non-duty status without pay.
A. Minor disciplinary actions consist of written reprimands and suspensions of 14 calendar days or less.
B. Major disciplinary actions or major adverse actions consist of suspensions for more than 14 days, removal, reduction in grade, or pay.
SECTION 5. A. Disciplinary actions will 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.
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 or adverse action, stating the specific reasons for the proposed action. Employees will be given ten calendar days written notice of a suspension for 14 days or less, stating the specific reasons for the proposed action.
C. The employee shall have seven calendar days to reply to any notice issued under Subsection B. Management will extend the time to respond for good cause shown. 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 Article 9; and the time limits for appeal or grievance. The employee and the designated Union representative (if any) shall both be served with a copy of the final decision.
SECTION 6. Letters of reprimand are temporary contents of the OPF. At the employee's written request, Management will remove any such document from the employee's OPF after two years if there have been no further disciplinary problems.
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