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ARTICLE 8 - DISCHARGE AND DISCIPLINE Section 1. The Union hereby agrees to waive all rights of employees within the bargaining unit in processing disciplinary action through Section 75 and 76 of the Civil Service Law. Section 2. It is hereby understood and agreed that the Employer shall have the right to warn, reprimand and discipline an employee for incompetence, refusing to work overtime, inefficiency or non-compliance with safety rules established by the safety committee and discharge an employee for incompetence, refusing to work over time, inefficiency or non- compliance with safety rules established by the Safety Committee after the employee has had three (3) written warnings, reprimands, or disciplines within two (2) years. This means that after three (3) written warnings, reprimands or disciplines for any of the infractions identified in this paragraph, the next of these infractions will result in the employee's immediate termination. The warnings need not be for the same infraction and any combination of three (3) written warnings will justify immediate termination for the next offense. In addition, the Employer shall have the right to discipline or discharge any employee for just cause without prior warnings. Just cause shall include, but not limited to: (1) dishonesty, (2) intoxication, (3) theft, (4) abuse of sick leave, (5) insubordination, (6) misconduct, (7) use or possession of illegal drugs. Any such discharge shall be subject to the grievance procedure. (a) In imposing any discipline on a current charge, Management will consider only those infractions which occurred within the two (2) prior years of employment. If an employee is discharged for cause but returned under arbitration, the length of time between discharge and reinstatement will not count toward this two (2) year period. (b) Every employee shall be entitled to an annual review of his permanent personnel record. Copies of all complaints, notices and reports or other pertinent information filed by an employee's supervisor or any other Village of Springville officer or department head which relates to the employee and may be made the basis for disciplinary action up to and including discharge shall be made available to the employee and the Union at the time such charges are made. Section 3. Employee Investigations - Investigatory interviews occur when (1) Village management question an employee to obtain information, and (2) the employee has a reasonable belief that discipline or other adverse consequences may result for what he or she says. When an investigatory interview occurs, the following rules apply: (a) An employee must make a clear request for a union representative before or during the interview. (b) After the employee makes the request, Village management shall choose from among three (3) options: 1. Grant the request and delay questioning until a union steward arrives and has a chance to consult privately with the employee; or 2 Denythe request and end the interview; or 9