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2016 CBA Tentati ve Agreement Page 25 of 217 Section 8. No advance written notice is required for the issuance of a written reprimand. The reprimand must state the specific reasons for the action. The employee may present an oral or written reply withi n fifteen (15) days of receipt of the reprimand. The Agency will consider the employee's reply and notify the employee in writing of the decision. If the reprimand is sustained, a copy of it, along with the employee's written reply, will be placed in the e mployee's Official Personnel File (OPF) for a period of time not to exceed two (2) years. Section 9. An employee against whom disciplinary/adverse action is proposed under this Article shall have the right to a copy of all the information relied upon to s upport the proposal. Section 10. The Agency's action may not be sustained if a harmful error is shown. Section 11. The employee and the Union representative shall be granted a reasonable amount of excused absence and official time of up to sixteen (16) h ours, if otherwise in a duty status, in cases involving removal, reduction - in - grade or pay, furloughs of thirty (30) days or less for reasons other than a lapse in Congressional appropriations, or suspensions; for preparation and presentation of answers to proposed actions under this Article. The timing of the grant of excused absence shall, to the maximum extent possible, be scheduled at the employee's convenience. Section 12. Letters of confirmation of discussion shall not be considered disciplinary in n ature, but may be used to document future disciplinary actions, provided the employee has been given a copy upon completion. If a letter of confirmation of discussion is prepared, a copy will be provided to the employee as soon as practicable after the dis cussion. Section 13. Although not exhaustive, the Agency's Table of Penalties should be used, when applicable, as a guide to determine an appropriate penalty. If applicable, appropriate penalties for offenses not listed in the Table of Penalties may be de rived by comparing the nature and seriousness of the offense to those listed in the Table, the employee's previous history of discipline, and other relevant factors in each individual case. In assessing penalties, consideration will be given to the length of time that has elapsed from the date of any previous offense. As a general guide, a two (2) year time frame should be used in determining freshness. Section 14. In making its determination that disciplinary/adverse action is necessary and when determini ng the appropriateness of a penalty, the Agency shall consider the factors as outlined in Douglas v. Veterans Administration, 5 MSPB 313 (1981). Section 15. Any notification to an employee which is not made personally shall be accomplished by certified ma il return receipt requested. Section 16. The Agency at the national level may allow an employee subject to removal or suspension of more than fourteen (14) days the opportunity to exhaust all appeal rights available under this Agreement before the suspens ion or removal becomes effective. Section 17. An employee against whom an disciplinary/adverse action is taken may grieve that action under Article 9 of this Agreement, or any other applicable statutory procedure, but not both. Section 18. The Agency sha ll brief all employees on the provisions of the Conduct and Discipline Manual annually.

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