Supervisory Training Conduct

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Supervisory Training Conduct Discipline

• OPERATIONS DIVISION
• SUPERVISORS CONFERENCE
• JULY 8, 2003

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Conduct or Performance??

• STEP 1
• Is this a conduct issue or a performance issue?
• Willingness vs. Ability

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Definition
Disciplinary Action A management-initiated
action to correct employee conduct which results
in something critical being placed in the
employees Official Personnel Folder. Oral
reprimands and letters of warning are not
considered formal disciplinary actions.
Disciplinary actions against all employees,
including probationary employees, may be taken
only for such cause as will promote the
efficiency of the service and be consistent with
applicable laws and regulations.
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Regulatory Basis

• 5 U.S.C. Chapter 75
• 5 CFR Part 752
• AR 690-700 Chapter 751
• Labor-Management Relations Agreement, Article 30

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Categories of Discipline

• 1. Informal Discipline Oral admonishments,
  Letters of Warning. (Nothing goes in the
  employees OPF.)
• 2. Formal Discipline Letters of Reprimand,
  Suspensions 14 days or less.
• 3. Adverse Actions Suspensions over 14 days,
  Removals, Reductions in Grade.

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Supervisors Role

• GATHER FACTS
• DOCUMENT!

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DONT WAIT PROBLEMS DO NOT GO AWAY!
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Weingarten Rights

• THE UNION SHALL BE GIVEN THE OPPORTUNITY TO BE
  REPRESENTED AT
• Any examination of an Employee in the Unit by a
  Representative of the Agency in connection with
  an investigation if
• 1) The Employee reasonably believes that the
  examination may result in disciplinary action
  against the Employee and
• 2) The Employee requests representation.

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Reprimands

• One step process.
• Detailed description of offense
  DATES/TIMES/PLACES
• Warns the employee that future misconduct will
  result in more severe disciplinary action.
• Temporary in naturestays in OPF for 1-3 years.
• May be withdrawn from OPF earlier.
• Informs the employee that he or she has the right
  to grieve.
• If appropriate, recommend EAP.
• May be used to build the next case.

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Suspensions of 14 Days or Less

• A 2-step process
• Proposal to Suspend issued by Division Chief
• Decision to Suspend issued by Deputy Commander

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Suspensions of 14 days or less (continued)

• Proposal to Suspend letter serves as an advance
  written notice and must contain
• Specific reasons
• Reasonable time to answer orally and in writing
  and furnish evidence
• Person to receive reply
• Right to representation
• Right to review the material relied upon

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Suspension of 14 days or less (continued)

• If the employee chooses to respond orally, a
  meeting is scheduled with LTC Corrigan, the
  Deciding Official.
• The Deciding Official must be attentive,
  non-committal, and should not make an on-the-spot
  decision.

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Suspension of 14 days or less (continued)

• Decision to Suspend letter must
• Be issued at the earliest possible date.
• Consider the employees reply
• Give specific reasons
• State the effective date of the action
• Be delivered at or before the time the action is
  effective

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Adverse Actions

• Adverse Actions include
• Suspensions over 14 days
• Removals
• Reductions in Grade

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Adverse Actions (continued)

• Proposal to Suspend letter serves as an advance
  written notice and must contain
• Specific reasons for the action
• Reasonable time to answer orally and in writing
  and furnish evidence
• Person to receive reply
• Right to representation
• Right to review the material relied upon

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Adverse Actions (continued)

• The Decision to Suspend or Remove letter must
• Give specific reasons
• State that the employees reply was considered
• State the effective date
• Be delivered at or before the time the action is
  effective
• State that the employee has the right to grieve
  or appeal