Section 1. It is agreed that all disciplinary and adverse actions must be based on such cause as will promote the efficiency of the service and handled in compliance with applicable laws and regulations. In all actions the rights and dignity of the employee should be maintained.

Section 2. The provisions of this Article are applicable to:

1. Letters of reprimand;

2. Suspensions of fourteen (14) days or less; and

3. Removal, suspensions for more than fourteen (14) days, reduction in grade or pay, or furlough for thirty (30) days or less pursuant to Chapter 75, 5 U.S.C.

Section 3. The Union shall be given the opportunity to be represented pursuant to Chapter 71, 5 U.S.C. section 7114 (a) (2), including any formal discussion and/or investigation if:

1. The employee reasonably believes may result in disciplinary action against the employee; and

2. The employee requests representation.

Section 4. The Agency agrees to discuss with the employee the basis for any proposed disciplinary or adverse action prior to the issuance of a proposal, unless an emergency or employee's unavailability precludes such a discussion. In the event the employee is issued a notice of decision on a disciplinary or adverse action which is unfavorable to him, such notice shall normally be delivered at least seventy-two (72) hours prior to the effective date of the action.

Section 5. The Parties agree that similar penalties should be imposed for similar offenses in similar circumstances. The Agency further agrees to examine and take into consideration all pertinent mitigating circumstances when considering the initiation of disciplinary or adverse action or an appropriate penalty in accordance with OPM regulations, Table of Offenses and Penalties.

Section 6. The Agency will issue a written proposal of a disciplinary or adverse action. The notice shall include: the specific charges; proposed penalty; the name of the person to whom replies are to be directed; where the employee may review the material upon which the action is proposed; the right to be represented by the Union or by someone of the employee's own choosing as long as no conflict of interests exists; and the time limit for the receipt of a reply.

Section 7. The employee shall be given an extra copy of any proposal for disciplinary or adverse action. The employee may wish to make this available to their representative.

Section 8. A reasonable amount of time will be given to the employee to prepare a reply.

Section 9. Notices of decisions to effect disciplinary actions shall advise the employees of their grievance/appeal rights, rights to representation, the address to which the grievance/appeal be directed and the appropriate time limits.

Section 10. Stale Actions: The agency will endeavor to prevent proposed actions from becoming stale. Decisions, will be acted upon in a timely manner, but normally will not be allowed to continue past ninety (90) calendar days of the proposed action.

Section 11. If an employee is to be served with a warrant or subpoena, the Agency will make every effort to assure privacy of delivery.