13. NO STRIKE/NO LOCKOUT
The Union and the bargaining unit members agree to refrain from any strike, work stoppage, slowdown concerted refusal to work overtime, or concerted sick call, and will not support or condone any such job action, nor prevent or attempt to prevent the access of any person to the University’s facilities during the term of this Agreement.
The University agrees that there shall be no lockouts during the term of this Agreement.
14. DISCIPLINE
14.01 Definition:
Discipline shall mean official written warning, suspension without pay, disciplinary demotion or discharge from employment at the University. Dismissal from employment or demotion based upon a layoff or operational changes made by the University shall not be construed to be discipline. Oral counseling, although in writing, is not to be considered discipline and shall not be placed in the staff member’s central personnel file.
The University shall have the right to discipline staff members for just cause. Just cause for discipline including discharge from employment shall include those causes set forth in the University Rules and Regulations. This list of causes is not exclusive and discipline up to and including discharge from employment may be made for any other combination of circumstances amounting to just cause. The University reserves the right to substitute a second written warning for suspension without pay and such substituted warning shall substitute for suspension in the University’s scheme of progressive discipline. Such warning shall not be arbitrable.
The University may, in lieu of suspension for a fixed number of days, and upon mutual consent of the union and the supervisor, deduct up to five days from vacation balances. The disciplinary penalty will be equivalent to the same number of days of suspension and treated for all purposes as equivalent to a suspension.
Suspension without pay of greater than three working days, disciplinary demotions or discharge from employment shall be subject to arbitration as specified in the grievance procedure set forth in Article 14.02. No other disciplinary actions shall be subject to arbitration.
The University will notify the Union in writing of any suspension or discharges within seventy-two (72) hours of the action not including weekends. Failure by the University to properly notify the Union will not void any disciplinary action, but the time limit for filing a grievance will not commence until the date to the Union or staff member was notified of the action in writing.