Article 9: Employee Rights

9.1

The Union and the College agree that all employees in the bargaining unit are entitled to all of the rights and privileges delineated in this Agreement. There shall be no rights implied beyond the specific terms of this Agreement and the Union shall be the exclusive representative for the representation of these rights.

9.2

The parties acknowledge that employees serve a trial period of six (6) months; during the first six (6) months employees are not members of the bargaining unit and are not covered by this Agreement. In the event a bargaining unit employee is selected for another bargaining unit position he/she shall serve an orientation period of six (6) months in the new position. During the orientation period the employee remains a member of the bargaining unit but may be removed from the new position without recourse to the grievance procedure. Release from employment during trial period or orientation period shall not require pre-disciplinary meetings or notices as otherwise required in this article.  The trial period for bargaining unit employees may be extended for periods up to six months, at the sole discretion of the College.

9.3

When a bargaining unit employee moves to another position in the College outside the bargaining unit the employee shall serve a new trial period in accordance with the provisions of the CNM Employee Handbook. 

9.4

During the first six (6) months of employment an employee may be terminated at the will of the College. Employees do not become members of the bargaining unit until they have completed six (6) months of employment. The Colleges action shall be final and binding on all parties and shall not be subject to the grievance procedure. If the College does terminate an employee who is in their initial trial period, the College will provide the employee a Notification of Trial Period Termination Memorandum.

9.5

An employees time spent as a part time employee in a trial period shall apply toward the completion of the initial trial period in the event the employee is selected for a full time position with the same job title in the same department.

9.6

Following completion of the six (6) month trial period or the six (6) months orientation period as defined in Article 9.2, an employee may be suspended without pay, demoted or terminated only for “just cause.” The College’s action shall be subject to the Agreement’s grievance procedure. The grievance procedure shall be the exclusive remedy of an employee and the Union to challenge the College’s action except as noted in article 7.1 of this agreement. The College shall provide the employee written notice of termination as soon as possible. The notice shall include the reason(s) for the termination.

9.7

For the purposes of this Article, the following definitions shall apply:

“Formal Disciplinary Actions” shall mean 1) a written reprimand, 2) suspension without pay, 3) demotion, or 4) termination.

“Progressive Discipline” is a structured corrective action process that utilizes CNM’s formal disciplinary actions. Movement through each step in the process has increasingly severe consequences if an employee fails to improve their performance or conduct. The College retains the discretion to skip or combine these steps based on the circumstances. Examples of when this principle may apply include, but are not limited to theft, workplace violence, and sexual misconduct.

“Termination” shall mean any adverse employment action by the College that results in an involuntary severance of an employee’s employment status with the College.

9.8

Prior to the implementation of a suspension without pay, demotion or termination an employee, who has completed all trial and orientation periods, will be provided supporting documentation that advises the employee of the allegations against them and given an opportunity to respond. Upon request, the employee will be allowed to be accompanied by a Union representative at the pre-disciplinary meeting. No decision regarding the employee’s culpability will be made until after the pre-disciplinary meeting. The purpose of the pre-disciplinary meeting is to give the employee an opportunity to address the allegations before a decision whether to implement discipline is made.

9.9

An employee may be placed on administrative leave during an investigation involving the employee. Administrative leave shall be leave with pay. However, if such leave extends into a break period, no pay beyond the normal work schedule of the employee will be paid.

9.10

During an employee investigation, no documentation related to the matter will be placed in the employee's official personnel file. 

9.11

An employee may be accompanied by a Union representative at a grievance procedure meeting as provided under this Agreement's grievance procedure, a meeting at which discipline may be considered or the employee will receive formal charges against the employee, a meeting which results in the issuance of formal discipline against the employee. An employee may tape record a meeting with a supervisor but must first reveal to the supervisor that the meeting is being recorded.

9.12

Additional information governing CNM’s Disciplinary Procedures can be found in Section 9.03 of the Employee Handbook and in the document found online in the “Source” entitled IS-2062 Disciplinary Action.