October 28, 1993
Mr. Richard Lindsay
AFSCME Council 13
4031 Executive Park Drive
Harrisburg, PA 17111-1599
Dear Mr. Lindsay:
In accordance with the provisions of Article 28, Section 7 and Recommendation No. 28, Section 8, AFSCME and the State System of Higher Education agree to implement an Experimental Alternative Discipline (EAD) program beginning January 1, 1994. It is understood that the tenets of Article 28, Section 1 and Recommendation No. 28, Section 1 regarding just cause shall continue to apply. Appeal procedures will not be affected by this program.
The EAD will be applied to situations involving time and attendance and/or poor work performance problems. The following guidelines will be used in determining the areas of applicability:
The EAD will differ from the traditional progressive disciplinary steps by replacing suspensions without pay with the following:
Copies of all Level 1 and Level 2 letters issued to employees covered by this program will be sent to District Council 13’s Grievance Department Director.
Prior to the initiation of the EAD, a meet and discuss at each university will be held for the purpose of developing a means of notifying all bargaining unit employees, and managers/supervisors of the program’s outline and application.
In those situations where it is believed that an employee has a problem with substance abuse, and that employee has not availed themselves of SEAP, the Employer may choose to discontinue use of the EAD with that employee. Under such situations, the local union will be notified in advance of the Employer’s decision.
After the EAD becomes effective, either party may end their participation by notifying the other in writing of a desire to terminate. If said notification is given, this agreement will expire thirty (30) calendar days after the date of notification.
In order to indicate your concurrence with the above, please sign below and return an endorsed copy to this office.
Frank C. Gerry
Director of Labor Relations
Signed by Richard Lindsay on 12/17/93
Richard Lindsay Date
AFSCME Council 13
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