Article 27 —Discipline and Discharge

  1. Copies of all warning notices, including records of oral warnings, shall be provided to Registered Nurses.
  2. The Employer recognizes a Registered Nurse’s right, upon request, to have a representative of the Union at an investigatory interview that the Registered Nurse reasonably believes may result in disciplinary action. If the Registered Nurse who is the subject of the interview works at a location where no Local Representative is assigned, reasonable advance notice, not to exceed 24 hours, will be provided to the Union.  The Union’s representative may opt to participate by telephone, if necessary, to facilitate a timely interview.  To preserve the integrity of the investigatory interview, the Employer shall not be required to disclose the name of the Registered Nurse who is to be interviewed prior to the Registered Nurse being notified thereof. 
  3. No Registered Nurse covered by this Agreement who has satisfactorily completed the probationary period shall be discharged or disciplined without just cause.  The Union shall be notified promptly, in writing, of the suspension or discharge of any non-probationary Registered Nurse.
  4. If the suspension or discharge of a Registered Nurse results from misconduct involving a client, the failure of the client to appear and testify at any arbitration shall not be considered prejudicial by the Arbitrator.
  5. Any communication to the Employer, either from or about a client, which the Employer reasonably believes may result in disciplinary action against a Registered Nurse, shall be made available to the Registered Nurse promptly, subject to such Federal, State and local laws, rules and regulations as may apply. 
  6. Before a Registered Nurse is disciplined on the basis of allegations concerning  client treatment, s/he shall be given an opportunity to rebut the allegations and, upon request, the Registered Nurse shall be provided with relevant medical data (e.g., client medical charts), subject to such Federal, State and local laws, rules, and regulations as may apply.
  7. In all events the Registered Nurse and the Union will cooperate with the Employer’s reasonable efforts to safeguard all confidential client information that may be disclosed pursuant to this Article, and to dispose of such information in a manner consistent with its confidentiality when there is no longer a need for its retention. 

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