The United Federation of Teachers - A Union of Professionals

November 21, 2009  

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home> art institute of nyc instructors' (11/105 to 10/31/08)> member services> contracts> art institute of nyc instructors' (11/105 to 10/31/08)> article 24 - due process

Article 24 - Due Process

A. Disciplinary Interviews

An Employee shall be entitled to Union representation at a disciplinary interview. Prior to a disciplinary interview the Employer will notify the Employee of the nature of the meeting and of the right to Union representation during the interview.

During a non-disciplinary meeting with a supervisor, if the subject of the meeting evolves into a disciplinary interview, the Employer will notify the Employee immediately of that fact and that the Employee may assert the right to have Union representation.  If the Employee believes that the meeting has evolved into a disciplinary interview, he or she may assert the right to have Union representation. The interview shall be suspended until such representation is secured or refused by the Employee.

B. Discipline and Discharge

No Employee who has completed the probationary period shall be reprimanded, suspended, discharged, or otherwise disciplined except for just cause.  Further, the Employer is committed to a policy of progressive discipline. An Employee shall receive verbal counseling and/or a written warning before being suspended or terminated, as the case may be; provided, however, that in the event of a serious offense or an emergency, the Employer may take appropriate disciplinary action, without prior warning or progressive discipline.  A grievance challenging a disciplinary action shall be initiated at the step where the Employer representative has authority to rescind the disciplinary action.

C. Confidentiality

The parties will use their best efforts to protect the confidentiality of matters arising under this Article.

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