ARTICLE 38 DISCIPLINARY AND ADVERSE ACTIONS SECTION 1 - GENERAL A. Maintaining discipline is not normally a problem in working environments where reasonable rules and standards of conduct and performance are clearly communicated and consistently enforced; where supervisors set a good example; where aspects of conduct and performance needing improvement are identified in a way that respects the employee's dignity; where employees are treated fairly and are encouraged to improve; and where good performers are recognized. Constructive discipline is preventative in nature and seeks to develop, correct, and rehabilitate employees; to encourage their acceptance of appropriate responsibilities; and to prevent, if possible, situations where there is no alternative but to penalize. When there is an indication that the employee is experiencing social or personal problems, this possibility needs to be considered before deciding on disciplinary action. When penalties are appropriate, they are applied as consistently as possible considering the particular circumstances of the cause(s) for disciplinary action. B. We agree that DFAS Regulation 1426.1 will be the primary framework used to administer discipline and adverse actions for bargaining unit members with the addition of the following mutually agreed upon provisions. SECTION 2 - PROGRESSIVE DISCIPLINE A. In keeping with the concept of progressive discipline, actions imposed should be the minimum, in the judgement of the disciplining official, that can reasonably be expected to correct and improve employee behavior and maintain discipline and morale among all employees. All circumstances being the same in a disciplinary or adverse action case, the concept of like remedies for like offenses will be applied throughout the Agency. This provision shall not prevent the Agency from taking any appropriate action but shall require a reasonable basis when there is deviation from the concept of progressive discipline. All actions taken under this Article will be initiated in the most expeditious manner. B. Alternatives to formal disciplinary actions include counseling and oral admonishments. Employees have the right to respond to any allegation or actions taken against them. When an oral admonishment is administered, it will be maintained in the Supervisor's Record of Employee for not more than 6 months. SECTION 3 - INVESTIGATIONS A. An employee who is to be questioned in connection with an investigation may request representation by the Union at any time that he or she reasonably believes that disciplinary action may result. If the employee requests representation, no questioning will take place until the Union has been given a reasonable opportunity to be present. A copy of any written statements made by an employee will be provided to the employee or his or her designated representative. Supervisors, employees, Union representatives, and others involved in an investigation will not disclose any information gained through such investigations except in the performance of their official duties. B. After any notice of proposed action is given to an employee, their Union representative will be provided the opportunity to investigate and interview the Parties to the incident. SECTION 4 - LETTERS OF WARNING Letters of Warning are not disciplinary actions and are not filed in the Official Personnel Folder. Prior to consideration of issuing a Letter of Reprimand, a Letter of Warning is normally given to the employee unless the seriousness of the circumstances indicate otherwise. The warning provides the employee notice of potential consequences of certain behavior if such behavior continues. SECTION 5 - DISCIPLINARY ACTIONS A. Disciplinary actions are Letters of Reprimand and suspensions of 14 days or less under Subparts A and B, 5 C.F.R., Part 752. Such actions taken against an employee must be timely and supported by just cause, and are grievable by the employee through the negotiated Grievance Procedure Article. B. Procedures for effecting disciplinary actions are as follows: 1. A Letter of Reprimand will state the reasons for its issuance and inform the employee of the right to grieve under the Grievance Procedure Article. A Letter of Reprimand will remain in the employee's Official Personnel Folder for a period of not more than one year unless removed earlier as a result of a grievance or arbitration decision. 2. Suspensions of 14 days or less. a. An employee will be given advance written notice stating the specific reasons for the proposed action. The employee will be given 10 workdays to present an oral and/or written reply to the proposal. The employee will be given a copy of the material, if any, relied on to support the reasons given in the notice. b. An employee who has been issued an advance written notice of suspension may request an extension of time in which to reply to the notice. The official designated to receive any reply will make a decision on such a request. c. Normally, an employee will be given a written decision within 10 workdays after the expiration of the time allowed for the employee's response. The decision notice will advise the employee of the specific reasons for the decision and of the right to grieve the action under the Grievance Procedure Article. SECTION 6 - ADVERSE ACTIONS A. Adverse actions are removals, suspensions of more than 14 days, reduction in grade or pay, and furloughs of 30 days or less, as included in subparts C and D, 5 C.F.R., Part 752. Actions based solely on unacceptable performance are addressed in the Performance Management Program Article. Adverse action shall be taken for such cause as will promote the efficiency of the service. Adverse actions will be effected in accordance with applicable laws, rules, and regulations, and according to the following procedures: 1. An employee will be given at least 30 calendar days advance written notice of adverse action, except in those cases where there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed and except, with respect to furloughs, pursuant to 5 C.F.R. 752.404(d)(2). The employee will be given at least 15 calendar days to present any oral and/or written reply. A copy of the material relied upon to support the reasons given in the notice will be provided to the employee or his or her designated representative. 2. An employee who has been issued an advance written notice of adverse action may request an extension of time in which to reply to the notice. The official designated to receive the reply will make a decision on such a request. 3. Normally, the employee will be issued a written notice of final decision within 15 calendar days after the expiration of the time allowed for the employee's response. The written decision will inform the employee that he or she has the right to appeal to the Merit Systems Protection Board (MSPB) or to file a grievance under the negotiated Grievance Procedure Article, but not both.