Here is management’s proposal. Note “duty of loyalty” and “off duty conduct” provision.
EMPLOYEE DISCIPLINE Subject to Management Rights in Article ___, no employee shall be discharged, disciplined, or suspended except for just cause. Any disciplinary action taken, except as provided in the Probation Article, shall be subject to the grievance and arbitration Article of this Agreement. Any employee who is required to attend an investigatory interview and where the employee reasonably believes that such interview could result in disciplinary action (for that employee), the employee shall be entitled, but not required, to have a Union delegate from their bargaining unit present at such interview. At that interview, the Union delegate shall not prevent, delay, or otherwise impair the Hospital from obtaining the employee’s own contemporaneous account of the matter under investigation consistent with the principles articulated by the United States Supreme Court in NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). Employees shall be able to have the Union delegate of their choice, from their bargaining unit, provided the delegate is available, however the Hospital is not required to unreasonably delay an investigatory interview because of the claimed unavailability of a particular union representative. Should the employee decline to be represented by any available delegate during the same work shift in which notification of an investigatory interview is given, or if no union delegate is available within that same time frame, the Hospital may at its discretion elect to conduct such meeting consistent with the law or with a meeting make a determination based upon the evidence in hand. Off duty conduct may be cause for discipline if it diminishes the integrity and image of CSVRMC. Every employee has a duty of loyalty to CSVRMC and violation of this duty may lead to discipline, up to and including termination. Documented corrective actions more than two years old shall not serve as the basis for progressive disciplinary actions, provided that the corrective actions do not involve similar misconduct of the health and safety of the associate, coworkers, patients or others. CSVRMC Proposal 1 CSVRMC proposal dated ___________ Tentative Agreement on __________ For CSVRMC_______ For 1199NM________ Page PAGE 1 of NUMPAGES 1 This proposal is contingent on agreement of a complete collective bargaining agreement. This proposal may be modified, supplemented, or withdrawn as allowed by law. DOCPROPERTY “SWDocID” \* MERGEFORMAT