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PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services HR Conference 2006.

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Presentation on theme: "PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services HR Conference 2006."— Presentation transcript:

1 PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services HR Conference 2006

2 PATTY ROBERTS Human Resource Consultant Labor Relations Office of the General Counsel (850) /SC

3 This Presentation Will Help You: role Understand the role discipline plays in good HR management requirements Understand the requirements which apply to Career Service employees when disciplinary actions are taken Avoid potential problems Avoid potential problems when disciplinary actions are contemplated types of grievances Understand the types of grievances and employees’ choice of remedy

4 PRINCIPLES OF DISCIPLINE

5 What is Your Role as a Supervisor / Manager ? Responsible LeaderResponsible Leader Agency RepresentativeAgency Representative Coach and CounselorCoach and Counselor Records ManagerRecords Manager

6 The Supervisor’s Responsibilities Understanding statutes, rules and policies Understanding statutes, rules and policies Exhibiting positive leadership characteristics Exhibiting positive leadership characteristics Articulating expected conduct and performance Articulating expected conduct and performance

7 Disciplinary Standards All employees shall have reasonable access to the agency’s personnel manual/disciplinary policies All employees shall have reasonable access to the agency’s personnel manual/disciplinary policies Receipt of standards documented by employee’s signature Receipt of standards documented by employee’s signature Standards consistently applied Standards consistently applied

8 What is DISCIPLINE? PUNISHMENT

9 DISCIPLINE IS......the means by which we give formal notice to the employee of: – What he/she did wrong – The rule or standard violated – Corrective action needed – What the employee can expect if the offense is committed again

10 Sources of Authority for Discipline: Section , F.S. Section , F.S. Chapter 60L-36, F.A.C., Conduct of Employees Chapter 60L-36, F.A.C., Conduct of Employees Discipline Article of Each Collective Bargaining Agreement Discipline Article of Each Collective Bargaining Agreement Agency Policies and Procedures Agency Policies and Procedures

11 State of Florida’s Philosophy Good faith effort to initiate counseling or discipline immediately after knowledge of the event giving rise to the action

12 Establishing Cause As stated in Section (1), F.S. “Cause shall include, but is not limited to poor performance, negligence, inefficiency or inability to perform assigned duties, insubordination, violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime.” “Cause shall include, but is not limited to poor performance, negligence, inefficiency or inability to perform assigned duties, insubordination, violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime.” [ See 60L (3), F.A.C. for definitions ]

13 Establishing Cause Notice  Notice  Proof of Misconduct  Past Practice  Appropriateness of Discipline  Timeliness  Employee Rights

14 Establishing Cause for Disciplinary Actions The burden of proof is on MANAGEMENT MANAGEMENT

15 Documentation, Documentation, Documentation…

16 Checklist Before Taking Action Statutes, Rules, Agency Standards Collective Bargaining Agreements Collective Bargaining Agreements Law Enforcement Bill of Rights Law Enforcement Bill of Rights Employee Record Employee Record Evidence Evidence Past Practice Past Practice Mitigating Circumstances Mitigating Circumstances

17 When Counseling for Minor Violations Be specific as to expectations, consequences Be specific as to expectations, consequences Maintain privacy Maintain privacy Be objective Be objective Be professional and respectful Be professional and respectful Listen to the employee Listen to the employee

18 When Issuing Disciplinary Actions… Never Never make apologies for taking action or blame higher level management for making the decision to do so

19 Investigatory Interview Law Enforcement Bill of Rights Sections and , F.S. Sections and , F.S.

20 Investigatory Interview Employee shall be : Informed of each complaint or allegation against him/her Informed of each complaint or allegation against him/her Informed of right to have union representation or legal counsel Informed of right to have union representation or legal counsel

21 Investigatory Interview All written statements and recordings made by complainant and witnesses made available for review at least 1 hour prior to interview All written statements and recordings made by complainant and witnesses made available for review at least 1 hour prior to interview Interview conducted at reasonable hour, preferably when employee is on duty Interview conducted at reasonable hour, preferably when employee is on duty

22 Investigatory Interview Employee shall not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action Employee shall not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action Formal interrogation shall be recorded and upon request, copy provided to employee at no cost Formal interrogation shall be recorded and upon request, copy provided to employee at no cost

23 Investigatory Interview Employee under investigation advised in writing of results of the investigation at its conclusion Employee under investigation advised in writing of results of the investigation at its conclusion

24 Review  Your Role  Disciplinary Standards  State’s Philosophy and Authority  Establishing Cause  Documentation  Employee Rights

25 PRINCIPLES OF GRIEVANCE HANDLING

26 What Can Happen Even If You Do Everything Right ?  Career Service Grievance  PERC Appeal  Collective Bargaining Grievance  Equal Employment Opportunity Commission (EEOC) Complaint  Florida Commission on Human Relations (FCHR) Complaint

27 Resolution of Grievances Handle promptly at the LOWEST LEVEL OF SUPERVISION having the authority to adjust the grievance

28 Types of Employee Grievances CAREER SERVICE Types of Employee Grievances CAREER SERVICE

29 A grievance process shall be available to permanent career service employees. A grievance is defined as, “The dissatisfaction that occurs when an employee believes that any condition affecting the employee is unjust, inequitable, or a hindrance to effective operation.” [ Section (4), F.S. ]

30 Exceptions Specified in Section (4), F.S. Claims of Discrimination Claims of Sexual Harassment [ Handled by Agency Internal Procedures ] Claims Related to Suspensions, Reductions in Pay, Demotions and Dismissals [ Handled through PERC Appeal or Collective Bargaining Grievance Process ] Exceptions Specified in Section (4), F.S. Claims of Discrimination Claims of Sexual Harassment [ Handled by Agency Internal Procedures ] Claims Related to Suspensions, Reductions in Pay, Demotions and Dismissals [ Handled through PERC Appeal or Collective Bargaining Grievance Process ]

31 Career Service Grievance Form Must Specify Issue(s) Issue(s) giving rise to the grievance Relief Relief requested Must be an issue and remedy that is within the agency head’s control

32 Career Service Grievance Procedure Step One: Employee submits written grievance to supervisor within 7 calendar days of event giving rise to grievance. Supervisor meets with employee within 5 business days following receipt of grievance. Supervisor meets with employee within 5 business days following receipt of grievance.

33 Career Service Grievance Procedure Step Two: Employee submits written grievance to agency head or designee within 2 business days following meeting with supervisor. Meeting with employee within 5 business days following receipt of grievance. Written response to Grievant within 5 business days following the meeting. Step Two decision is final. Step Two decision is final.

34 Public Employees Relations Commission PERC Appeal Procedure Procedure Section (6), F.S.

35 Employees May Choose PERC Appeal or Collective Bargaining Grievance Reduction in Pay Reduction in Pay Demotion Demotion Suspension Suspension Dismissal Dismissal

36 Types of Employee Grievances COLLECTIVE BARGAINING Types of Employee Grievances COLLECTIVE BARGAINING

37 Collective Bargaining Grievance Procedure A dispute involving A dispute involving the interpretation or application of the specific provisions the interpretation or application of the specific provisions of the Agreement

38 Collective Bargaining Grievance Form Must Specify Issue(s) Issue(s) giving rise to grievance Specific Agreement Provision(s) allegedly violated Relief Relief requested

39 Collective Bargaining Grievance Process Occurrence of Event Oral Step -Immediate Supervisor Oral Step - Immediate Supervisor Step 1-Management Representative Step 1- Management Representative Step 2 -Agency Head or Designee Step 2 - Agency Head or Designee Step 3 -DMS Review Step 3 - DMS Review Arbitration - Final and Binding

40 Processing a Collective Bargaining Grievance Processing a Collective Bargaining Grievance Time Limits in Calendar Days

41 14 Calendar Days for Grievant to File Occurrence of the Event Oral Step Step 1 Step 2 Step 3 14 Calendar Days to Respond to Grievant 21 Calendar Days to Respond to Grievant Collective Bargaining Grievance Procedure GRIEVANT AGENCY

42 Step 1 14 Calendar Days for Grievant to File Occurrence of the Event Step 2 Step 3 Arbitration 14 Calendar Days to Respond to Grievant Law Enforcement Grievance Procedure GRIEVANT AGENCY

43 To Enforce Time Limits Document in writing all mutual agreements to extend time limits at any given level of the grievance

44 Time Limits Failure to communicate the decision within the specified time limit shall permit the Grievant or Union to proceed to the next step

45 The Written Response Identify the alleged violation(s) and issue(s) Identify the alleged violation(s) and issue(s) Identify the requested relief Identify the requested relief State the background and relevant facts State the background and relevant facts Address all articles/provisions allegedly violated Address all articles/provisions allegedly violated Identify and address each union issue Identify and address each union issue Identify management’s issues, e.g., timeliness Identify management’s issues, e.g., timeliness State management’s decision State management’s decision

46 Documentthe date and time Document the date and time the Grievant or Union the Grievant or Union RECEIVES the RECEIVES the agency response agency response The Written Response

47 Representation Representation Union has right to attend any meeting called for the resolution of grievance Union has right to attend any meeting called for the resolution of grievance If employee elects union representation, any decisions mutually agreed to by State and Union are binding on Grievant If employee elects union representation, any decisions mutually agreed to by State and Union are binding on Grievant

48 Basic Principles to Remember Review grievance for timeliness, watch timeframes for responding Review grievance for timeliness, watch timeframes for responding If no meeting conducted with Union, document date of discussion by phone If no meeting conducted with Union, document date of discussion by phone Review previous decisions, no new issues Review previous decisions, no new issues Accuracy and specificity essential Accuracy and specificity essential

49 Settlement of Grievances When management When management and the Union mutually and the Union mutually agree to modify the agree to modify the terms of the original terms of the original action taken action taken

50 What Choices Do Employees Have to Grieve or Appeal These Actions? Counseling__________ Oral Reprimand__________ Involuntary Demotion__________ Reduction in Pay__________ Suspension__________ Dismissal__________ Choices: Career Service Grievance Collective Bargaining Grievance PERC Appeal Not Grievable/Appealable

51 Can’t put your hands on your rules, statutes, collective bargaining agreements?

52 DMS WEBSITE [ Quick Links to Rules, Statutes, and Collective Bargaining Agreements ]

53 DMS LABOR RELATIONS CONTACTS John Covington …………………850/ Federation of Physicians and Dentists (All Units) Federation of Physicians and Dentists (All Units) Florida Nurses Association Florida Nurses Association Richard McLellan ………………..850/ PBA (All Units) PBA (All Units) Patty Roberts …………………….850/ AFSCME Master Contract AFSCME Master Contract Florida State Fire Service Association Florida State Fire Service Association

54 PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services


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