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Article 8: Employee Investigations and Discipline

Collective Bargaining Agreement for Maintenance and Operations

8.1

The College reserves the right to investigate allegations of employee misconduct and poor performance.

8.2

An employee may be placed on administrative leave with pay, if appropriate, during an investigation involving the employee.

8.3

During an investigation, no documentation related to the matter will be placed in the employee's official personnel file. The employee will be provided the opportunity to respond to charges prior to the imposition of disciplinary action.

8.4

An employee who believes that he or she has been unfairly or unjustly suspended without pay, demoted, or terminated may file a grievance in accordance with the provisions of this Agreement. In the event such grievance is processed to the arbitration stage of the grievance procedure, the arbitrator shall determine if the action taken by the Employer was in violation of any provisions of this Agreement.

8.5

Employees will be permitted to have union representation at any meeting conducted for the purpose of the employee responding to written charges specified in a pre-disciplinary memorandum. The unavailability of a local Union representative shall not delay the meeting with management and the employee for more than seventy-two (72) hours. If the employee is on administrative leave pending the meeting with management, any delay beyond twenty-four hours (24) from the date specified in the notice of contemplated action due to the unavailability of a Union Representative will be accounted for by placing the employee on leave without pay. The employee will be restored to paid administrative leave on the day of the meeting with management pending the final outcome of the disciplinary action.

8.6

Written reprimands may be grieved in accordance with the Grievance Procedure through the CNM Labor Relations Officer level. Reprimands shall not be subject to arbitration.