ARTICLE XIX. DISCIPLINE
The Employer shall not discharge or take other disciplinary action without just cause.
A grievance which concerns this Article shall begin at Step Three of the Grievance and Arbitration Procedure, provided it is submitted in writing at Step Three within thirty (30) calendar days after receipt by the Employee of the Employer's written notification of the disciplinary action.
Matters of suspension or termination from, or appointment or non-reappointment to, a residency/fellowship training program, and all other actions related to academic or clinical performance, shall remain within the exclusive discretion of the University and shall not be subject to the Grievance and Arbitration Procedure set forth in Article XX. Whenever a House Officer is suspended, pending the outcome of an investigation, it will be with pay and benefits until the investigation is concluded and the House Officer is notified of the outcome, for a period of up to six (6) months. In the event the investigation and suspension extend beyond six (6) months, the continuation of pay and benefits is at the discretion of the Employer based on the circumstances. The affected House Officer and the Association will be notified of the suspension. A written explanation of the outcome of the investigation shall be provided to the affected House Officer and the Association via University email or other appropriate means.
Whenever practicable, House Officers will receive notice of non-reappointment no later than 4 months prior to the end of their training year.
- It is the intent of the Employer to assure that each House Officer is given appropriate due process in any issue concerning unsatisfactory work performance.
- Each training program will maintain a written policy regarding the criteria for promotion, and/or renewal of House Officer's appointment as per ACGME guidelines.
- Additionally, a copy of a program's policy on promotion and/or renewal of a House Officer's appointment, as well as any related policies on evaluation, remediation, probation, suspension, and termination will be provided to the House Officer Association or an individual House Officer, upon request.
- The Employer, however, retains the right to immediate termination of a House Officer without remediation in order to ensure the safety of either patients or staff.
It is understood that the collective bargaining agreement addresses the terms and conditions of employment but does not extend to oversight of a House Officer's academic training program.
However, the Employer and the House Officers Association share a common interest with regard to providing assistance and support for a House Officer in the event a House Officer receives notice of a remediation plan, probation, suspension, termination, or non-re-appointment from their Program Director.
The Employer agrees to assist the House Officer with making contact with the House Officers Association in such a circumstance, so that the House Officer is aware of the services and support that may be provided by the House Officers Association. To this end, the parties agree to meet at least Quarterly in the Labor-Management Committee to explore the best approach and method(s) for this assistance to be provided.
Nothing in this article is intended to amend, modify or otherwise impact a House Officer's status or rights under the Medical Staff Bylaws.