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ARTICLE 5
EMPLOYEE DISCIPLINE AND DISCHARGE
Section 5.01 - Just Cause
Disciplinary action may be imposed upon an employee who has
satisfactorily completed the initial probationary period only for
just cause. Discipline shall be imposed in a timely manner.
Section 5.02 - Progressive Discipline
Disciplinary action shall normally include only the following
measures and, depending upon the seriousness of the offense and
other relevant factors, shall normally be administered
progressively in the following order:
Subd. 1. Reprimands, either oral or written;
Subd. 2. Suspension from duty without pay;
Subd. 3. Demotion in position and/or pay or discharge from
employment.
If the Employer has reason to reprimand an employee, it shall
normally not be done in the presence of other employees or the
public.
Section 5.03 - Discharge Due Process
No regular employee (i.e., an employee who has
satisfactorily completed the initial probationary period) shall
be discharged without having been afforded an opportunity to hear
the reason(s) for the discharge and without an opportunity to
offer an explanation of the relevant facts and circumstances
surrounding the events which preceded the discharge and/or any
extenuating or mitigating circumstances which the employee
believes is relevant to the discharge decision. Whenever possible
and practicable, such opportunities shall be provided in a
conference with the Employer which shall be conducted after
advance notice to the employee and his/her Union representative
who shall be permitted to attend the conference. If a conference
is to be conducted, the involved employee(s) shall remain in pay
status until the conference has been completed.
Section 5.04 - Appeals
Grievances filed concerning suspensions, demotions and/or
discharges may be initiated at Step 2 of such procedure. Such m
Disciplinary actions within the meaning of this article,
excluding oral reprimands, imposed upon an employee who has
completed the initial probationary period, may be appealed
through the grievance procedure outlined elsewhere in this
Agreement. atters shall be handled in accordance with the
provisions of the grievance procedure; and, if necessary, through
the arbitration procedure.
Section 5.05 - Disciplinary Action Records
A written record of all disciplinary actions within the meaning
of this article, excluding oral reprimands, shall be provided to
the involved employee(s) and may be entered into the employee's
personnel record. Investigations into conduct which do not result
in disciplinary action, however, shall not be entered into the
employee's personnel record. When a disciplinary action more
severe than a written reprimand is imposed, the Employer shall
notify the employee in writing of the specific reason(s) for such
action at the time such action is taken and provide the Union
with an informational copy. Written reprimands shall not be
relied upon to form the basis for further disciplinary action
after two (2) years following the date of the written reprimand.
Section 5.06 - Disciplined Employee's Response
Any employee who is disciplined by written reprimand, suspension,
demotion or discharge (and/or such employee's Union
representative) shall be entitled to have a written response, if
any, included in their personnel record, if filed with the
Employer within twenty (20) calendar days of the issuance
thereof.
Section 5.07 - Union Representation
It shall be the Employer's policy to inform its managers and
supervisors (a) that employees have a right to have a Union
representative present, if they are formally questioned during an
investigation into conduct which may lead to disciplinary action,
(b) that employees should not be denied such right, and (c) that
employees should be advised of such right before questioning.
Such Union representative shall not be entitled to participate in
such investigation except to advise and counsel the involved
employee.
ARTICLE 6
SENIORITY
Section 6.01 - Seniority Defined
When used in this Agreement, the terms City seniority
and classification seniority shall have the meanings
given them below:
Subd. 1. City Seniority Defined
City seniority is defined as the length of uninterrupted
employment with the Employer and based on the date of the
employee's initial certification date. Effective for employee's
hired on or after January 1, 1998, city seniority is
defined as the length of uninterrupted employment with the
Employer and based on the date of the employee's first day of
employment.
Subd. 2. Classification Seniority Defined
Classification seniority is defined as the length of
employment within a job classification and based on the
employee's certification number. Effective for employee's hired
on or after January 1, 1998 or changing classifications on or
after January 1, 1998, classification seniority is
defined as the length of employment within a job classification
and based on the date the employee began working in that
classification on a permanent basis.
Subd. 3. Seniority During Workers' Compensation Absences
City and classification seniority shall not be lost and shall
continue to accumulate without limitation during all workers'
compensation absences.
Subd. 4. Ties in Seniority
Ties in classification seniority shall be broken by City
seniority. Ties in City seniority shall be broken randomly.
Section 6.02 - System Seniority Credit
Upon hiring an applicant who was previously employed by the
Minneapolis Library Board, the Minneapolis Board of Education
and/or the Minneapolis Park and Recreation Board, the Employer
shall grant City and classification seniority credit for all
purposes provided such applicant's employment is continuous
between such Boards and the Employer and to the extent that such
Boards afford reciprocal recognition of seniority credit to the
employees covered by this Agreement.
Section 6.03 - Seniority as a result of Mergers or
Collapsing of Titles
Employees shall retain their respective classification seniority
when merging or collapsing titles under the same jurisdiction and
grade level.
When merging or collapsing titles where the result provides a
promotion or is cross-jurisdictional, classification seniority
shall be established as the date the new title becomes effective.
Further, effected employees shall retain their relative seniority
amongst each other in the new title with the grade level
establishing seniority between grades merged; highest grade has
the greatest seniority.
Section 6.04 - Loss of Seniority
An employee's seniority shall be lost and his/her employment
shall be terminated upon the occurrence of any of the following:
Subd. 1. He/she quits or retires and does not rescind such
action within five (5) calendar days;
Subd. 2. He/she is discharged and the discharge is not
reversed;
Subd. 3. He/she has been laid off and not actively working
for the Employer for a period of three (3) years.
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