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MnSCU-MSUAASF Master Agreement 1999-2001
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.
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