Corrective action is a written warning or suspension without pay.
Suspension without pay involves placing a potential career or career status
librarian in a temporary without pay status for just cause.
Dismissal is the termination of the employment of a potential career or career
status librarian initiated by the University for just cause.
GROUNDS
Librarians may be subject to corrective action or dismissal for just cause.
WRITTEN WARNING
Written warning is a communication delivered confidentially that informs the librarian of
the nature of the misconduct, method of correction, and the probable consequence of
continued misconduct. It is to be distinguished from an informal spoken warning, which
is not an official corrective action.
INVESTIGATORY LEAVE
Investigatory leave is not a form of corrective action.
The University may place a librarian on immediate investigatory leave with pay,
without prior written notice, for the purpose of reviewing or investigating charges
of misconduct or dereliction of duty, which warrant removing the librarian from
University premises.
The investigatory leave must be confirmed in writing to the librarian normally not
later than three working days after the leave is effective. The confirmation must
include the reasons for the leave and the expected duration of the leave.
On conclusion of the investigation, the University shall either reinstate the
librarian or initiate corrective action provided the notice and employee responses
provision of this Article have been followed before the final decision is made.
SUSPENSION WITHOUT PAY
Suspension without pay shall be for a period of at least one week as required by
federal law for exempt employees.
The University shall provide a written Notice of Intent to the librarian at least 14
calendar days prior to initiating a suspension without pay. Written notice of intent
shall be given to the affected librarian either by delivery of the notice to the
librarian in person or by placing the notice of intent in the U.S. mail, first class
postage paid, in an envelope addressed to the librarian at the librarian's last
known home address. It shall be the responsibility of the librarian to inform the
University in writing of any change in their address. The notice of the intent shall
be accompanied by Proof of Service indicating the date on which the notice of
intent was personally delivered or mailed, and this shall constitute the "date of
issuance" of the notice of intent. A copy of the Notice of Intent shall be sent
concurrently to the UC-AFT.
The notice of intent shall:
inform the librarian of the intended suspension, the effective date, and the
duration of the intended action;
provide the reason(s) for the intended action, including, where available,
materials upon which the intended action is based;
inform the librarian of the right to representation by the UC-AFT or a
person of his/her own choice;
inform the librarian of the right to respond, either orally or in writing, to
whom to respond, and that the response must be received within 14
calendar days of the date of the issuance of the notice of intent in
accordance with Section E.4. below.
The librarian shall be entitled to respond, orally or in writing, to the notice of intent
described above. Such response must be received within 14 calendar days from
the date of the issuance of such notice of intent in accordance with instructions
given by the University in the written notice of intent provided to the librarian. If
the librarian chooses to respond orally, and upon the employee's request, the
employee may have a representative present during the librarian's oral response.
After review of the librarian's timely response, if any, the University shall notify
the librarian in writing of any action to be taken. Such action may not include
discipline more severe than that described in the notice of intent; however, the
University may reduce, cancel or postpone such discipline without the issuance
of a further notice of intent.
DISMISSAL
The University shall provide a written Notice of Intent to the librarian at least 14
calendar days prior to initiating dismissal. Written notice of intent shall be given
to the affected librarian either by delivery of the notice to the librarian in person or
by placing the notice of intent in the U.S. mail, first class postage paid, in an
envelope addressed to the librarian at the librarian's last known home address. It
shall be the responsibility of the librarian to inform the University in writing of any
change in their address. The notice of the intent shall be accompanied by Proof
of Service indicating the date on which the notice of intent was personally
delivered or mailed, and this shall constitute the "date of issuance" of the notice
of intent. A copy of the Notice of Intent shall be sent concurrently to the UC-AFT.
The notice of intent shall:
inform the librarian of the intended dismissal and the effective date of the
intended action;
provide the reason(s) for the intended action, including, where available,
materials upon which the intended action is based;
inform the librarian of the right to representation by the UC-AFT or a
person of his/her own choice;
inform the librarian of the right to respond, either orally or in writing, to
whom to respond, and that the response must be received within 14
calendar days of the date of the issuance of the notice of intent in
accordance with Section F.3. below.
The librarian shall be entitled to respond, orally or in writing, to the notice of intent
described above. Such response must be received within 14 calendar days from
the date of the issuance of such notice of intent in accordance with instructions
given by the University in the written notice of intent provided to the librarian. If
the librarian chooses to respond orally, and upon the employee's request, the
employee may, have a representative present during the librarian's oral
response.
After review of the librarian's timely response, if any, the University shall notify
the librarian of any action to be taken. The University may reduce, cancel or
postpone the dismissal described in the notice of intent without the issuance of a
further notice of intent.
A copy of the corrective action shall be placed in the librarian's personnel file. If there is
no recurrence of the same or similar misconduct for a period of two years from the date
of the written warning or the University's written response to the notice to suspend, it
shall be returned to the librarian, upon request.
APPEAL
A librarian may appeal a decision of the University to impose corrective action or
dismissal through the grievance and arbitration provisions of this Agreement.
Within 14 calendar days of the issuance of the written warning or the written
response by the University in E.5 and F.4 above, the librarian shall file a written
notice of appeal in accordance with Step 3, Appeal, of Article 24, Grievance
Procedure.
