The opinions of Ricky J. WalshIAFF 7th District Vice President

What is Discipline

A process to modify

unsatisfactory performance or inappropriate

behaviorand

Staying out of

Arbitration

What Should We be Trying to Attain

To provide a FAIR and CONSISTENT method of

addressing unsatisfactory performance or inappropriate behavior and meeting both

Labor and Managements goals.

What are those Goals?

Management wants to run an effective and efficient organization that completes the mission it has established

Labor wants to provided professionals to complete the mission of the employer and be compensated fairly

In other words…….neither of the two parties can be successful with poor performers

AT ANY LEVEL

How Can We Attain Fairness and Consistency

Agree on the purpose of discipline. Agree on the description of “just cause”. Understand the steps for managing performance

Agree on the “ground rules for performance” Understand the importance of time frames

Agree on the concept of “Progressive Discipline” Understand the creation and maintenance of

disciplinary records Ability to work through a Supervisors checklist. Understanding Investigations

Purpose of Discipline

To build a roadmap

intended to result in an employee….

Getting back on the

“RIGHT” track

Primary Purpose

Correction

NOT

Punishment!

Labor and Management Need Share the Responsibility to Assist Supervisors to….

Determine when discipline is necessary

What level of discipline is appropriate

How to administer discipline

Understand laws and confines

What Level of Discipline is Appropriate?

The least severe necessary to correct the undesirable behavior

Increasingly severe if the problem is not corrected

Predicated on the seriousness of the behavior

The Steps of “Just Cause”

Warned of consequences?

Was the expectation reasonable?

Full investigation? Fair and Objective? Substantial proof

found?

Steps of Just Cause

Were the rules, order, and penalties applied consistently without discrimination?

Does the penalty relate to the seriousness of the offense and the past record?

Performance Management

Steps for Managing Performance

Ground Rules for Performance

Probation

Steps for managing performance

Behavior Corrected?

N o Further Action

Behavior Corrected?

N o further Action

Behavior Corrected?

N o further Action

Behavior Corrected?

N o further Action Term ination

Suspension

W ritten R eprim and

Verbal R eprim and

Bring the issue to the attention of the em ployeeCounseling

Ground Rules for Performance Establish ground rules by which

members are to conduct themselves What are your ground rules? Department Expectations

Department SOP’s and/or Medical Protocols Civil Service Rules City Ordinances State Law Federal Law Collective Bargaining Agreement

Read them, Teach them, Reinforce Them, Do Them!!!!!!!!!

What is Probation?

“A Trial Period” To determine if the

member can satisfactorily fulfill the requirements of the position

Provide feedback to the member

“At will” status is BS!

Time Frames

Timelines are important in three areas: Investigation

process Timeliness of

disciplinary action Time limits to

correct the problem

Time Frames

Investigations shall be completed in a “reasonable” time

A complex investigation may require more time

Keep all involved in the loop (the individual and the Union)

Time Frames

There is no minimum/maximum time frames between disciplinary steps—should be stated in discipline and it will be reasonable!Progressive discipline is considered

successful if no further action is necessary

Understanding Progression Verbal Reprimand Written Reprimand Suspension

pending investigation (with pay)

Suspension without Pay

Termination

Verbal Reprimand

Private setting Firm but friendly State the direction

for the necessary and successful correction of the problem

Document a Notice of Disciplinary Action for personnel file

Written Reprimand

Includes a review of prior related disciplinary action

A thorough statement of the circumstances causing the current disciplinary action

A clear expression of future expectations

Careful, complete documentation is very important

Document a Notice of Disciplinary Action for personnel file

Suspension With Pay

A member may be removed from the Department immediately, pending an investigation

Typically if the member presents a threat to the safety of others or self

Usually with pay

Suspension Without Pay

Temporary removal from the Department for a specified period of time

Typically from one to five days

Considered the strongest warning: “the problem is extremely serious”

May be “last chance”

Termination

Behavior modification deemed longer possible

The behavior is so serious that immediate discharge is warranted

Just do it right

Creating and Maintaining Disciplinary Records

Disciplinary Records

Informing the Employee

Double Jeopardy Grievance/Appeal

Disciplinary Records….

Cite the specific incident or problem

What occurred and when

How it affected the work activity

The results of the investigation

Disciplinary Records include…

The employee’s explanation

Proven facts Cite the specific

violation Disciplinary action

taken Stress the significance

of the offense State the reason for

the level of the disciplinary action

Disciplinary Record also include... Timely past

relevant actions Give the history of

related offenses Included because:

Reminds the member of previous disciplinary actions taken

Demonstrates the progressiveness of disciplinary action

And Finally Disciplinary Records include...

A clear understanding of the expected performance or behavior in the future

And the consequences of continued failure to meet expectations

Double Jeopardy

“Do it right the first time”

Cannot impose a more severe discipline for the same incident after discipline has been delivered

This does not include a “repeat”

Grievance/Appeal

The grievance procedure is established in the CBA

Do not be deterred from taking disciplinary action by the fear or threat of a grievance

The Supervisors Checklist

Performance Behavior The Supervisor

Performance

Have the expectations made clear? What to do? How to do it? Why do it? When to do it?

Access to instructions Training

Performance

Has the member ever displayed the skill?

Should he/she possess the skill?

Could they do it if they wanted to?

Has the job changed?

Behavior

Does the member understand what is acceptable behavior?

Has the behavior been acceptable in the past? Condoned by

practice or exhibited by other members

The Supervisor

Has the supervisor provided adequate training?

Does the supervisor reinforce acceptable behavior?

Has acceptable behavior been communicated?

Has the supervisor received the proper training?

Has the supervisor objectively found the facts by a proper investigation?

Does the supervisor know the proper forms and how to complete them?

The Supervisor

Does the Supervisor

have the skill to give and

receive feedback both positive and/or

negative

Documentation

Do’s and Don’ts

Documentation

Limit statements to facts

Avoid personal opinions

Record observations of demeanor but do not speculate reasons for such demeanor

Documentation

Don’t make excuses for the employee

Use “neutral” terminology – not inflammatory or discriminatory

Read for grammar and spelling errors

Investigate First

Discipline

Unfounded

Internal Investigations

Citizens Complaints

All citizen complaints that pertain to practices or that allege member misconduct will be investigated.

May be in person, by phone, or written.

Citizens Complaints

May be anonymous.

Can be accepted by any member.

Receiving member to document in a written report

Submit to a superior officer

Citizens Complaints

The complaint will be assigned to an investigating officer.

The investigating officer will notify the complainant that the matter is under investigation.

Complete within 30 days.

Weingarten Rights

May have representation during an interview if the member reasonably believes it may lead to disciplinary action.

The member must ask for representation.

Also applies in less formal settings Does not apply when discipline has

been decided and is being given.

Garrity Rights

Based on the 5th Amendment of the US Constitution

A member being interviewed must truthfully answer specifically related to the matter under investigation.

Compelled answers cannot be used in criminal proceedings against the individual.

Loudermill Rights

An informal meeting held with the member or his/her representative to give the opportunity to tell his/her story, regarding an incident, before a decision is made to suspend, demote, or terminate.

Complaints are investigated to… Correct our policies and procedures

and/or Correct a member’s behavior or

performance and/or Exonerate a member’s conduct or

performance and/or Verify our policies and procedures

are valid.

In Brief

“See a problem” “Inform the

employee there is a problem”

“Tell the member the consequences of not correcting the problem”

“Give the employee time to correct the problem”

Other Things to Ponder

Property Rights of Employee to position Civil Service

Bargain-able Public Perception

Fiduciary role Act like you are

spending your own money

Most the time I am willing to bet