PAP.9.12.030 Types of Disciplinary Actions

(a) Team Members 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 team members 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 Gaming Enterprises. This may include, but is not limited to, the following:

(1) Verbal Counseling. If a team member is not meeting the employer's standards of conduct or performance, the team member's supervisor should take the following action:

(A) A team member may receive a verbal warning from their Director/Manager to rectify behavior which requires disciplinary action. A verbal warning is not appealable pursuant to Section PAP.9.12.040 of this manual.

(B) The Director/Manager will discuss with the team member the seriousness of the problem and the possible consequences of a failure to correct the problem. The Director/Manager will review applicable policies and will document the meeting through signature of both the Director/Manager and the team member.

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

(2) Written Warning. If there is a second occurrence, the supervisor should hold another meeting with the team member and take the following action:

(A) A team member may receive a written reprimand from their Director/Manager to rectify behavior which requires disciplinary action. A written reprimand is not appealable pursuant to Section PAP.9.12.040 of this manual.

(B) The Director/Manager will discuss with the team member the seriousness of the problem and the possible consequences of a failure to correct the problem. The Director/Manager will review applicable policies and will document the meeting through signature of both the Director/Manager and the team member.

(C) Warn the team member that a third incident will result in more severe disciplinary action;

(D) After taking action, the supervisor should prepare and forward to the Human Resources Department a written report describing the first and second incidents and summarize the action taken during the meeting with the team member. This information will be included in the team member's personnel file.

(3) Suspension. If there are additional occurrences the supervisor should take the following action, depending on the severity of the conduct:

(A) A team member may be recommended for suspension by their Director/Manager when the team member'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 Director. The Human Resources Director will consult with the Director/Manager to ensure the reason is justified and clearly stated. If the Human Resources Director 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 the Executive Management Team for final approval or denial. All suspensions are without pay. Suspensions are appealable pursuant to Section PAP.9.12.040 of this manual.

(B) Issue a notice of suspension;

(C) Upon return from suspension, the Director/Manager will meet with a team member regarding the nature of the problem. A corrective action plan will be developed with the team member including specific timelines for completion.

(D) Warn the team member that any further violations of policy will result in further disciplinary action up to and including termination;

(E) After taking action the supervisor should prepare and forward to the Human Resources Department a written report describing the occurrences, indicating the timing between the occurrences, and summarizing the action taken or recommended and its justification;

(F) The progressive disciplinary procedures described in Section PAP.9.12.020(d), may also be applied to a team member who is experiencing a series of unrelated problems involving job performance and/or behavior.

(4) Probationary Period in lieu of Termination.

(A) In lieu of termination a team member may be placed on a probationary period for a serious violation of this personnel policy and procedural manual, as recommended by a Director/Manager and agreed to and evidenced by the signature of the team member on a "Waiver of Appeal Process" form. The Director/Manager must follow the same procedures as outlined in Section PAP.9.12.030(a)(3), above. During this probationary period, the Gaming Enterprises will evaluate the team member's continued suitability for employment. If during this period a team member has not shown improvement or adequately addressed the issues surrounding the probationary period in lieu of termination the Director/Manager may recommend the termination of the employee's employment, without the ability of the team member to appeal the decision, subject to the approval of the Executive Management Team.

(B) Team members placed on a probationary period pursuant to this section are eligible for holiday leave and funeral leave. Probationary team members pursuant to this section shall accrue Personal Time Off. Such team members cannot use Personal Time Off until the completion of their probationary period, unless authorized by their Director/Manager with concurrence from the Executive Management Team and only for medical reasons or extreme circumstances.

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

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

(5) Serious Misconduct. In cases involving serious misconduct, or any time the supervisor determines it is necessary, such as a major breach of policy or violation of law, the supervisor should:

(A) Place the team member on Investigative Leave immediately and, if the investigation validates misconduct, recommend appropriate discipline pursuant to this subsection;

(B) An investigation of the incidents leading up to the Investigative Leave should be conducted by the Department Director/Manager and/or any member of the Executive Management Team to determine what further action, if any, should be taken;

(C) Team members placed on an Investigative Leave from work will receive and accrue team member benefits during the Investigative Leave, unless management grants an exception;

(D) The Department Director/Manager will notify the team member, in writing, within three (3) working days of the completion of the investigation as to the status of the team member's employment;

(E) No Investigative Leave should exceed fourteen (14) working days without approval of the Executive Management Team;

(F) Investigative Leave without pay shall be determined based on the severity of the infraction. Only in the event that an investigation results in a determination of complete innocence will a team member be reinstated with partial or full back pay. The investigation must be monitored and reviewed by the Human Resource Director, who will recommend to the Executive Management Team if back pay is warranted. The Executive Management Team will make final determinations on payment of back pay.

(G) The Human Resource Director or designee should hold the suspended team member's badge(s) during the course of an investigation.

(H) The Human Resources Manager, or designee, should review and approve all findings of the investigation before any final action is taken;

(I) At any investigative interview conducted for the purposes of determining the facts involved in any suspected violation of policy, the following procedures should apply:

(i) Prior to the interview, the team member subject to disciplinary action for violating policy should be told in general terms the purpose of the interview;

(ii) Team members who believe that they have been disciplined too severely or who question the reason for discipline are encouraged to utilize the grievance procedure process;

(iii) If a disciplined team member works the time lines indicated without further action being instituted under this policy, the next failure to meet behavior or performance standards will be treated as a first occurrence under this policy.

(6) Termination.

(A) A team member may be recommended for termination from employment by their Director/Manager 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 Human Resources Manager, or designee. The Human Resources Manager, or designee, will consult with the Director/Manager to ensure the reason is justified and clearly stated. If Human Resources Manager, or designee is satisfied that all the information is contained in the documentation and there is clear substantiated reason for the termination, the same will be forwarded to the Executive Management Team for final approval or denial. All terminations are appealable pursuant to Section PAP.9.12.040 of this manual.

(B) The Director/Manager shall document all terminations and provide a copy of all documentation to the Human Resource Manager, or designee.

(b) The Gaming Enterprises retain the sole discretion to determine what behavior warrants disciplinary action and what type of disciplinary action will be imposed. The Gaming Enterprises reserves the right to terminate team members 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.