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Agreement Between Passport Services and the - page 45 / 71





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(1) At least 30 days advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;

(2) A reasonable time but not less than 15 days, to answer orally and/or in writing and to furnish affidavits and other documentary evidence in support of the answer;

(3) Be represented by a NFFE representative, an attorney or other representative, or by him/herself;

(4) A written decision and the specific reasons therefore, at the earliest practicable date; and

(5) Appeal the decision under the negotiated grievance procedure, the EEO procedure, or to the appropriate office of the MSPB. The written decision shall advise the employee of these rights.

d. After carefully considering the evidence and the employee's response, if any, including any mitigating factors, the deciding official shall make a timely decision. Such decision may not be more severe than that which was proposed.

e. A duplicate copy of the letter of reprimand, notice of proposed action or decision will be furnished to the employee to give to the Union at the employee’s option.

f. Time limits for the employee's response may be extended upon request.

g. Any decision letter to an employee in which it has been decided to take an adverse action will inform the employee of his/her option to appeal the action. It will inform the employee that he/she will be deemed to have exercised his/her option to raise the matter under only one procedure or the other at the time the employee timely files a written grievance, or a notice of appeal under the applicable MSPB or EEO procedure. Employees assigned to an excepted position have certain rights under Chapter 75, Subchapter II of Title V, United States Code, to appeal adverse actions (MSPB rights). The Employer's decision letter shall advise employees of this. The Parties recognize that the probationary/trial period is an extension of the examining process. A written notice of termination and effective date of the termination will be given to the probationary employee.

h. Time Frames: Normally admonishments will be retained for six months.  Normally reprimands will be retained for one year.  In extraordinary circumstances, the time frames may be shortened or lengthened by the issuing official.  The employee may make a written request to the issuing official that the action be withdrawn prior to the date of the original timeframe.  Removal of these actions depends upon the employee’s records being clean during the time of retention and the seriousness of the offense.  Except in the case of disparate treatment, this decision to remove disciplinary actions early is excluded from the provisions of the grievance procedure.  Suspensions which are more than 4 years old will be examined closely to determine their appropriateness in support of further disciplinary/adverse actions.  


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