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Can a union employee be suspended indefinitely if they have committed a felony?

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pumamom | (Level 1) Valedictorian

Posted February 27, 2013 at 2:37 AM via web

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Can a union employee be suspended indefinitely if they have committed a felony?

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Lorraine Caplan | College Teacher | (Level 2) Senior Educator

Posted February 28, 2013 at 6:27 PM (Answer #1)

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Whether this can be done is solely a function of the collective bargaining agreement and the policies and procedures of the place of employment.  The other aspects to this that must be considered are what is meant by "committed a felony"  and the nature of the felony.  Has the person been convicted of the felony?  Or has a workplace investigation established that an employee has committed a felony?  There is a lower standard of proof, certainly, in a workplace, than in a court of law, where the felony must be established beyond a reasonable doubt.  There are instances in which the felony could make it an impossibility for someone to work.  For example, if the felony involved harming a minor child, a childcare worker would lose his or her clearances to do that work.  Collective bargaining agreements and workplace policies and procedures are generally quite clear on under what circumstances one can be disciplined or terminated. 

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