ARTICLE 20

**DISCIPLINE**

**Section 20.01 ‑ General**.

\(1\) At times, it is necessary to take disciplinary action against an
employee for misconduct.

\(2\) The grievance procedure for disciplinary actions is set forth in
this Article and is in lieu of the procedures identified in Article 22
(Grievance Procedure) except as provided in Section 20.03.

\(3\) The objective of discipline is to correct and improve employee
behavior so as to promote the efficiency of the service. The parties
agree to the concept of private, progressive discipline designed
primarily to correct and improve employee behavior. However, major
offenses may be cause for severe action, including removal, regardless
of whether previous discipline has been taken against the offending
employee. Bargaining unit employees shall be the subject of disciplinary
action only for just and sufficient cause.

\(4\) Actions shall be fair and equitable, i.e., Management shall
consider the relevant factors given the circumstances of each individual
case and similar cases, if any, to make a fair decision.

\(5\) Investigations and disciplinary actions shall be timely.
Timeliness shall be based upon the circumstances and complexity of each
case.

\(6\) The term \"days\" as used in this Article shall mean calendar
days.

\(7\) For purposes of this Article, disciplinary action definitions are
as follows:

\(a\) **Oral Admonishments Confirmed in Writing**. Oral admonishments
which have been recorded and issued to an employee.

\(b\) **Reprimand**. An official written notice which sets forth
specific actions of misconduct of such a serious nature that routine
discussions and/or counseling sessions are not sufficient.

\(c\) **Suspension**. The temporary placement of an employee in nonduty,
nonpay status for disciplinary reasons.

\(d\) **Reduction in Grade**. The involuntary assignment of an employee
to a position at a lower classification or job grading level.

\(e\) **Removal**. The involuntary separation of an employee from
employment with the Department for misconduct reasons.

\(8\) This Article applies to:

\(a\) An action based solely on misconduct reasons; or

\(b\) An action that involves both performance and misconduct related
reasons.

\(9\) This Article does not apply to:

\(a\) Actions based solely on unacceptable performance; or

\(b\) Termination of employees serving on temporary or probationary
appointments; or

\(c\) Nonpreference eligibles in the excepted service who are suspended
for more than fourteen (14) days, reduced in grade, or removed.

**Section 20.02 ‑ Oral Admonishments**. Oral admonishments which are not
recorded are counseling sessions, and are not considered disciplinary
actions. Where practicable, they must be conducted in private. They can
neither be grieved by the employee nor be relied upon by Management in
any disciplinary action subsequently taken against the employee.

**Section 20.03 - Disciplinary Actions Other than Suspensions.**

\(1\) Oral Admonishments, warnings, counselings, and cautions which are
recorded must be given to the employee if they are to be relied upon by
Management in any subsequent disciplinary or adverse action against the
employee.

\(2\) Letters of reprimand shall be placed in an employee\'s Official
Personnel Folder for a period specified in the letter, but not to exceed
two (2) years.

\(3\) If an employee is dissatisfied with one of the above disciplinary
actions, he/she may file a grievance pursuant to Article 22 of this
Agreement.

**Section 20.04 ‑ Suspensions of Fourteen (14) Days or Less for
Misconduct Reasons**.

\(1\) Management shall provide the employee with at least fifteen (15)
days advance written notice, stating the specific reasons for the
proposed action with sufficient specificity so as to enable the employee
to prepare a response (response time may result in delays beyond thirty
(30) days). Management shall provide the employee one (1) copy of the
documentation relied upon to support the proposed action, which may
include the names of witnesses involved in supporting the charges.

\(2\) Upon receipt of the official notice of proposed suspension action,
an employee shall have fourteen (14) days to respond to the proposed
action. The response may be made orally or in writing, or both. The
employee\'s response may include any statements or material the employee
believes is relevant to defending against the proposed action. Upon a
reasonable written demonstration of need, the employee may be granted
sufficient additional time to respond. This request must be made within
the fourteen (14) day period.

\(3\) Management shall issue a final written decision within twenty‑five
(25) days of the receipt of the employee\'s response, or after the
expiration of the fourteen (14) day response period if the employee does
not respond, stating the specific reasons, including a statement of the
employee\'s appeal rights.

If Management determines that further investigation is necessary, the
time limit for issuance of the decision shall be extended. The employee
shall be notified of such an extension and shall continue to be notified
at thirty (30) day intervals thereafter. Such a decision shall be made
by a higher level official in the Depart­ment than the official who
proposed the action. For example, the deciding official is at the
Division Director level if a Branch Chief proposed the action.

\(4\) The employee may be represented by an attorney or other
representative which includes the right to Union representation.

\(5\) If arbitration is not invoked by the Union, the matter is closed
for purpose of the grievance/arbitration procedure.

\(6\) Management may, at its discretion, stay implementation of
suspensions of fourteen (14) days or less pending final decision by an
arbitrator. Such a stay shall last no longer than sixty (60) days from
the date of issuance, and can be withdrawn at any time, for good cause.

When a suspension of fourteen (14) days or less is stayed, management
will document the decision to suspend by placing a copy of the decision
in the employee\'s Official Personnel Folder along with a notation that
the effective date of the suspension is delayed pending final decision
by an arbitrator.

Disciplinary actions which have been stayed may be considered in any
subsequent disciplinary action or proceeding.

**Section 20.05 - Suspensions of Fifteen (15) Days or More, Reduction in
Grade or Pay, Removals, or Furloughs for 30 Days or Less**. An employee
shall be entitled to:

\(1\) At least thirty (30) days advance written notice of the proposed
action with sufficient specificity so as to enable the employee to
prepare a response. Upon the employee\'s request, Management shall
provide one (1) copy of the documentation relied upon to support the
proposed action, which may include the names of witnesses involved in
supporting the charges.

\(2\) Upon receipt of the official notice of proposed disciplinary
action, an employee shall have twenty‑one (21) days to respond to the
proposed action. The response may be made orally or in writing, or both.
The employee\'s response may include any statements or material the
employee believes is relevant to defending against the proposed action.
Upon a reasonable written demonstration of need, the employee may be
granted sufficient additional time to respond. This request for
additional time must be made within the twenty-one (21) day period.

\(3\) Be represented by an attorney or other representative, which
includes the right to Union representation.

\(4\) Sixteen (16) hours of official time, if needed, within the period
in (1) above, for preparing the oral and/or written response(s). The
deciding official may grant additional official time needed to prepare
oral and/or written response(s). The supervisor authorizes when the time
may be used. Disputes between the supervisor and employee regarding the
scheduling of use of official time will be resolved by the deciding
official.

\(5\) A written decision, which includes the specific reasons at the
earliest practicable date. Such a decision, including a statement of the
employee\'s appeal rights, shall be made within thirty‑five (35) days of
the receipt of the employee\'s response, or after the expiration of the
twenty-one (21) day response period if the employee does not

respond, and shall be issued by a higher level official in the
Department than the official who proposed the action. For example, the
deciding official is at the Division Director level if a Branch Chief
proposed the action. If Management determines that further investigation
is necessary, the time limit for issuance of the decision shall be
extended. The employee shall be notified of such an extension and shall
continue to be notified at thirty (30) day intervals thereafter.

\(6\) Within thirty (30) days of the effective date of the action, the
employee may appeal the matter to the Merit Systems Protection Board
(MSPB).

\(7\) If the employee elects not to appeal the matter to the Merit
Systems Protection Board, then the Union may invoke arbitration within
thirty (30) days of the effective date of the action.

\(8\) If an employee believes the action to be based in whole or in part
on prohibited discrimination (race, age, sex, national origin, etc.),
he/she may utilize the EEO complaint procedure in lieu of paragraphs 6
and 7 above by either filing a grievance at Step 1 of the grievance
procedure (see Section 22.12) or by filing an EEO complaint in
accordance with the statutory appeals process (see Section 19.09(2)).

(Note: Indefinite suspensions are covered under OPM regulations at 5 CFR
752.404(d))

**Section 20.06 - Union Notification**. When Management issues a notice
of proposal and/or decision to suspend, reduce-in-grade, or remove an
employee in the unit, Management shall provide to the Union a general
statement of the charges, proposed action, and subsequent decision.

**Section 20.07 - Evidence**. Management shall produce all evidence,
including the names of witnesses that were relied upon to support the
proposed action, to facilitate preparation of the oral and/or written
reply.