2 OBJECTIVE Enable you to make wise contractual decisions 03/24/03OBJECTIVEEnable you to make wise contractual decisionsProvide you with the tools necessary for effective disciplineEnable you to properly prepare and submit a request for disciplinary action form.2
3 Resources ELM National Agreement Local Memorandum Of Understanding 03/24/03ResourcesELMNational AgreementLocal Memorandum Of UnderstandingPoliciesDistrict & PlantsSOPsLabor RelationsManagement InstructionsAPWU - JCIMNALC - JCAMNPMU - CIM3
4 http://blue.usps.gov/lrinfo/ Forms EL 901 - (NALC) EL 902 - (NRLCA) EL (NPMHU) EL (APWU) ELM - PDF | textASM - PDF | textHandbooksManagementInstructionsPostal BulletinsMore References ReferencesThis is your blue page.Double click any contract or manual you need
5 03/24/0316.1 PrinciplesThe principle set forth in Article 16, Section 1, that - Any discipline must be for “just cause” is one of the most important features of the National Agreement (and any collective bargaining agreement). This fundamental job security provision establishes a standard of fairness that must apply to any discipline or discharge of an employee.Simply put, the “just cause” provision forces management to come up with a fair and provable justification for the discipline it imposes on all employees. So, just cause is a powerful check on the “employment-at-will” nature of non-union workplaces, where an employee may be fired for no reason or for almost any reason at all.Someone read9
6 Discipline Procedure NALC 03/24/03Discipline Procedure NALCSection 1. PrinciplesSection 2. DiscussionSection 3. Letter of WarningSection 4. Suspensions of 14-Days or LessSection 5. Suspensions of More than Days or DischargeSection 6. Indefinite Suspension – Crime SituationSection 7. Emergency ProcedureSection 8. Review of DisciplineSection 9. Veterans’ PreferenceSection 10. Employee Discipline Records4
7 Discipline Procedure APWU 03/24/03Discipline Procedure APWUSection 1. PrinciplesSection 2. DiscussionSection 3. Letter of WarningSection 4. Suspensions of 14 Days or LessSection 5. Suspensions of More than 14 Days or DischargeSection 6. Indefinite Suspension-Crime SituationSection 7. Emergency ProcedureSection 8. Review of DisciplineSection 9. Veterans’ PreferenceSection 10. Employee Discipline Records5
8 Discipline Procedure NPMHU 03/24/03Discipline Procedure NPMHUSection Statement of PrincipleSection DiscussionsSection Letter of WarningSection Suspensions of Less than DaysSection Suspension of 14 or More Days or DischargeSection Indefinite Suspension Crime SituationSection Emergency ProcedureSection Review of DisciplineSection Veterans’ PreferenceSection Employee Discipline Records7
9 16.2 DiscussionsDoes an employee have a right to a union steward during an Article 16.2 discussion?If the meeting is one where an employee is subject to an investigatory interviewwhich the employee has a reasonable belief that the interview will result indiscipline, the employee may request a steward under the Weingarten rulecovered in Article 17. (JCIM Article 16, pg. 4)Referring to Weingarten rule.you do not need to give a shop steward, un less it isrequested. And only if it may lead to discipline.I will read from the page, entitled Once the employee….
10 Determine Appropriate Corrective Action Article 16.3 – Letter of WarningArticle 16.4 – Suspension of 14 Days or LessArticle 16.5 – Suspension of more than 14 Daysor DischargeInsufficient or defective chargeArticle 16 requires that management give an employee a written notice of charges when imposing a suspension or a discharge. Implicit in this requirement is that the notice of charges describe and explain the basis for the discipline with sufficient specificity that the employee understands the charges.Refer to your first handoutIT IS A BRIEF DESCRIPTION OF ARTICLE 16You have a letter number 2 in your package,
11 Elements of a Charge (Example) FAILURE TO FOLLOW INSTRUCTIONS - LOWProper instructions were given to employeeEmployee failed to follow instructionsNo regard to element of intentElement #1 Date observed unsafe act/procedure.Element #2 What did the employee do wrong?Element #3 What was the employee's response?Element #4 What rule/regulation was violated and how was the employee made aware of the rule/regulation?Element #5 Resulting business-related consequences for not following the rule/regulation.
12 Charges Attendance or Performance? 03/24/03Charges Attendance or Performance?Unauthorized O.T. / Penalty O.T.Irregular AttendanceAWOLUnacceptable ConductUnsafe ActFailure To FollowInstructionsUnacceptable Work PerformanceEtcCharge Only What You Can ProveBe SpecificProvide Evidence8
13 Elements of Just Cause Was a thorough investigation completed? Was the severity reasonably related to the charge, in line with that usually administered and in line with the employee’s past record?Was the discipline corrective rather than punitive?Is there a rule?Is the rule reasonable?Is the rule equitablyenforced?Was the discipline takenin a timely manner?YOU ARE PROVIDED WITH A HANDOUT WHICH DEFINS JUST CAUSESOMEONE READ THESE RULESYou also have a JUST CAUSE INTERVIEW HANDOUT TO USE WHEN A JUST CAUSE ISREQUIRED.We will utilize the JCIM, APWU Joint Contract Interpretation Manual, as it iswell written.Please refer to Item 4 in your packet. Labeled Article 16 – Discipline ProcedureHave someone read Just Cause Principle.-“ – Is there a rule“- Is the rule a Reasonable Rule & Is the Rule Consistently andEquitable Enforced- ?“ – Was a through Investigation Completed? – Was the severityof the discipline Reasonable Related to the Insfraction…“ –Corrective rather than punitive -Any questions on this part?
14 16.7 Emergency ProcedureArticle 16.7 lists examples of just cause such as, pilferage, intoxication, (use of drugs or alcohol) failure to observe safety rules. Does that mean that any of these charges automatically meet the just-cause standard?Even if a particular type of misconduct constitutes just cause for some discipline, management still must prove the behavior took place and that the degree ofdiscipline imposed was corrective rather than punitive, and so forth.(JCIM Article 16, pg. 3)You should always, if possible, contact LR, for advise on Emergency Procedures.However, if it is not necessary, ASAP.I WILL JUST NOTE THAT SOME IMPORTANT RULES.IS FOR Rural carriers2. Should only be done for a few days.3. Written notice must be given, even after the fact.4. Consequences for Veterans.
15 16.8 Review of DisciplineSuspensions and removal of bargaining unit employees must be reviewed by and concurred with by the installation head or his /her designee.District Plants have SOPs, that this be done in writing for the record.
16 Discipline Request Package Complete and thorough investigationReview and Concurrence(not required for LOW)InfoEnter on Duty DateVeteran PreferenceJob Title/LevelDiscipline Request Form - completePre-Disciplinary Interview notes - typewritten or legibleSupporting DocumentationWitness Statements3971s/3972sPictures
17 03/24/03SummaryRemember, it is management’s burden to prove the employee committed the offense and was aware of the rule or regulation.Good documentation is essential to all discipline. Be sure you have supporting documentation, including PS Forms 3971s and 3972s,Just-cause Notes, etc.Make sure your charge letter reflects the information on these documents. Gather witness statements when appropriate.Let go over the remainder of your handoutsEMPLOYEE ABSENCE FLOW CHART NO CALL/NO SHOWWITH TEMPLATEREQUEISTING DISCIPLINARY ACTIONSAMPLE 16.712