PAP.14.12.030 Types of Disciplinary Actions

(a) Employees must perform assigned duties at or above satisfactory levels, follow standards of workplace behavior contained in this personnel policy and procedural manual and comply strictly with all applicable laws, rules and regulations. A system of progressive discipline will be utilized, when appropriate, to afford employees an opportunity to correct behavior, however some personnel infractions are severe enough to impose any of the below-mentioned disciplinary actions, up to and including termination. Disciplinary actions may be handled in any manner deemed appropriate by the LCO Development Corporation. This may include, but is not limited to, the following:

(1) Employee Warning.

(A) An employee may receive a verbal or written warning from their supervisor to rectify behavior which requires disciplinary action.

(B) The superintendent will discuss with the employee the seriousness of the problem and the possible consequences of a failure to correct the problem. The superintendent will review applicable policies and will document the meeting through signature of both the foremen, the employee and superintendent.

(C) The Human Resource designee, will maintain all employee warnings in an employee's personnel file in the event that further progressive discipline is necessary.

(2) Suspension.

(A) An employee may be recommended for suspension by their supervisor when the employee's behavior warrants such disciplinary action. The recommendation must be written in a manner that clearly states the justifiable reason and forwarded to the Human Resources designee. The Human Resources designee will consult with the Supervisor to ensure the reason is justified and clearly stated. If the Human Resources designee is satisfied that all the information is contained in the documentation and there is clear substantiated reason for the suspension, the same will be forwarded to management for final approval or denial. All suspensions are without pay.

(B) Upon return from suspension, the superintendent will meet with an employee regarding the nature of the problem. A corrective action plan will be developed with the employee including specific timelines for completion.

(C) The Human Resource designee, shall document all suspensions and maintain all corrective action plans in the employee's personnel file in the event that further progressive discipline is necessary.

(3) Probationary Period in lieu of Termination.

(A) In lieu of termination an employee may be placed on a probationary period for a serious violation of this personnel policy and procedural manual, as recommended by the superintendent and agreed to and evidenced by the signature of the employee on a "Waiver of Appeal Process" form. The superintendent must follow the same procedures as outlined in Section PAP.14.12.030(a)(2). During this probationary period, the LCO Development Corporation will evaluate the employee's continued suitability for employment. If during this period an employee has not shown improvement or adequately addressed the issues surrounding the probationary period in lieu of termination the superintendent may recommend the termination of the employee's employment, without the ability of the employee to appeal the decision.

(B) Employees placed on a probationary period pursuant to this section are eligible for holiday leave and funeral leave. Such employees cannot use Personal Time Off until the completion of their probationary period.

(C) At the end of the probationary period pursuant to this section, the superintendent will prepare a written performance evaluation and discuss with the employee the curative conduct of the employee pertaining to the problem causing the probationary period as well as the employee's overall job performance.

(D) The Human Resource designee, shall document all probationary periods pursuant to this section and maintain all written performance evaluations pertaining to this section in the employee's personnel file in the event that further progressive discipline is necessary.

(4) Termination.

(A) An employee may be recommended for termination from employment by their foreman at any time, depending upon the severity of the offense. The recommendation must be written in a manner that clearly states the justifiable reason and forwarded to the superintendent. The superintendent will consult with the foreman to ensure the reason is justified and clearly stated. If the superintendent is satisfied that all the information is contained in the documentation and there is clear substantiated reason for the termination, the superintendent will move forward with termination.

(B) The superintendent shall document all terminations and provide a copy of all documentation to the Human Resources designee.

(b) The LCO Development Corporation retains the sole discretion to determine what behavior warrants disciplinary action and what type of disciplinary action will be imposed. The LCO Development Corporation reserves the right to terminate employees at any time for any reason that does not violate applicable law with or without notice and with or without prior resort to other means of discipline.