ARTICLE XIX. DISCIPLINE/GRIEVANCE
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 Complaint, 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.
Notwithstanding anything in this Article, whenever a House Officer is suspended, terminated or not reappointed to a residency training program, the House Officer will be promptly informed of the specific reasons for the action. Matters of suspension or termination from, or appointment or non-reappointment to, a residency training program shall remain within the exclusive discretion of the University and shall not be subject to the Complaint, Grievance, and Arbitration Procedure Article. Matters of professional conduct shall be subject to the provisions of the University of Michigan Health System Medical Staff Bylaws and Bylaws Supplement and as they may be amended from time to time. In the event proceedings are instituted under Article VIII of the University of Michigan Health System Medical Staff Bylaws and Bylaws Supplement, the Association shall be notified. No matter concerning professional conduct shall be subject to the Complaint, Grievance, and Arbitration Procedure Article, except for a question as to whether the procedure set forth in the Bylaws was followed. Also see Dispute Resolution Memorandum of Understanding.
Whenever practicable, House Officers will receive notice of non-reappointment in accordance with ACGME policy, which currently requires notice of non-reappoint no later than 4 months prior to the end of his/her training year. It is the Employer's intent through the appropriate responsible individual(s), usually the Program Director or Department Chair, to discuss unsatisfactory work performance and expectation with an affected House Officer whenever such performance becomes known to the responsible individual(s). If deficiencies in the progress of a House Officer are sufficient to warrant concern to the Program Director about the continuation of his/her residency program, the House Officer shall be informed of the deficiencies in writing and shall be given a reasonable opportunity for remediation. If a remediation plan is considered a viable option by the program director, it shall be discussed with the House Officer at the time that the deficiencies are identified and shall include the designation of a mentor, with House Officer input, and a written plan including the time frame specified for the remediation. 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 evaluation, promotion, remediation, suspension, and termination of House Officers as per ACGME guidelines. House Officers will have representation on IRC and GMEC to help facilitate this. Additionally, a copy of a program's policy on House Officer evaluation, promotion, remediation, 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, 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.