1997-1999 MSUAASF Master Agreement

ARTICLE 23
DISMISSAL, SUSPENSION, AND DISCIPLINARY DEMOTION

Section A. Just Cause. ASF Members may be dismissed, suspended without pay, reduced in salary for disciplinary reasons, demoted for disciplinary reasons, or reprimanded in writing only for just cause. "Just Cause" as used in this Agreement shall be defined as:

Subd. 1. Notice: Did the employer give the ASF Member forewarning or foreknowledge of the possible probable disciplinary consequences of the ASF Member's conduct?

Subd. 2. Reasonable rule or order: Was the employer's rule or managerial order reasonably related to (a) the orderly, efficient and safe operation of the employer's business, and (b) the performance that the employer might properly expect of the ASF Member?

Subd. 3. Investigation: Did the employer, before administering the discipline to an ASF Member, make an effort to discover whether the ASF Member did in fact violate or disobey a rule or order of the Employer?

Subd. 4. Fair investigation: Was the employer's investigation conducted fairly and objectively?

Subd. 5. Proof: During the investigation, did the employer obtain substantial evidence or proof that the ASF Member was guilty as charged?

Subd. 6. Equal treatment: Has the employer applied its rules, orders and penalties even-handedly and without discrimination to all ASF Members?

Subd. 7. Penalty: Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the ASF Member's proven offense, and (b) the record of the ASF Member in his/her service with the employer?

Section B. Procedures.

Subd. 1. In the event the President, or his/her designee, believes just cause exists for an action as defined in Section A hereof, he/she shall give written notice of the action specifying all the reasons to the affected ASF Member. Any ASF Member who is given notice of his/her dismissal by the President may request an opportunity to hear an explanation of the evidence against him/her, and to present his/her side of the story to the President or his/her designee. The ASF Member may, at his/her own request, have an Association Representative present at such meeting.

Subd. 2. Investigative Leave. The President/designee may place a member who is the subject of a disciplinary investigation on an investigatory leave with pay.

Section C. Right to Grieve. ASF Members may grieve any action specified in Section A in accordance with the provisions of the grievance procedure through and including arbitration. ASF Member may not appeal oral reprimands to the arbitration step of that procedure.