Article 19 – Just Cause/Discipline

No employee shall be discharged, suspended, disciplined or receive a deficiency downgrade except for just cause.

The parties to this Agreement affirm the concept of progressive discipline. If prior discipline is considered in subsequent disciplinary actions, such prior discipline must be referenced in the new notice of discipline with the corresponding date(s). Failure to provide the corresponding date(s) in a new notice of discipline shall not serve as a basis to rescind or reduce the discipline imposed or to nullify the notice of discipline. Prior discipline that has been deemed to be removed from an employee’s record may not be used in determining the level of discipline issued in subsequent disciplinary actions.

The sole and exclusive remedy for employees receiving written disciplinary action shall be to file a grievance in accordance with the Grievance Procedure set forth in this Agreement.

A verbal warning shall be specifically stated as a warning at the time it is issued. Written reprimands, letters of suspension, letters of demotion, letters of termination and letters of deficiency downgrade given to an employee shall contain the reasons for such action. All such notices shall be either delivered in person, sent registered mail, or emailed to the employee. A copy of any such notice shall also be sent to the URA-AFT email address provided by the URA- AFT.

Absent exigent circumstances, Rutgers shall provide advance written notice to both an employee and the union of a scheduled pre-termination conference by no later than noon of the preceding business day. All such notices shall be either delivered in person, sent by registered mail, or emailed to the employee and the union. Absent exigent circumstances, the union shall not request a postponement of a properly noticed pre-termination conference. The sole and exclusive remedy for failure to provide such notice to the union is to reschedule the pre-termination conference for a time within the next business day that the subject employee is scheduled to work.

An employee shall, upon request, be entitled to have a union representative present at any investigatory meeting or questioning which the employee reasonably believes could result in disciplinary action. During any such investigatory meeting, a union representative may assist the employee.

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