1. Conduct Management TPR 752, DISCIPLINE AND ADVERSE ACTION and
TPR 752-1, ADVERSE ACTION APPEALS
Karen Patnode Labor Relations Specialist

2. Conduct Management
Conduct
or performance

3. Progressive
Discipline Or
Adverse Action
&
Appeals

4. TYPES OF ACTIONS TO TAKE
Chapter 2 – Non-Disciplinary Actions
Includes Counseling and Admonitions
-- Admonitions for Warnings and Oral Admonishments
Chapter 3 –Disciplinary Actions (Appendix B)
Letter of Reprimand (LOR) – If issued by higher level supervisor, first line supervisor is copied (not endorsed). Rational for starting at higher level is included in LOR.
LOR timeframe filed in OPF is typically 1-3 years

5. TYPES OF ACTIONS TO TAKE
Counseling
Annotation no longer required on Supv’s or electronic equivalent (pencil/line-through terminology eliminated)
Admonitions
When misconduct continues or is repeated, but non-disciplinary action is appropriate. Admonition is written in the Supervisor's Employee Brief. The employee must also be allowed to reply.
Example - Write on the card
12/20/2014 Admonishment - On 18 Dec 14 you were late without approval for the second (2) time in 2 weeks etc……Absent a repeat of this action in 6 months from the above date, this will be expunged from your record.

6. DISCIPLINE & ADVERSE ACTIONS
Discipline - Typically taken when a conduct-related incident occurs that warrants action by the supervisor; but less serious than adverse action situations. LOR
HRO clearance is required.
Adverse Action - Typically taken by the supervisor for more serious conduct-related incidents; resulting in more severe action(s), such as suspension, downgrade or removal.

7. TPR 752-1 5-Step Adverse Action Process
STEP 1 – Notice of Proposed Adverse Action
STEP 2 – Technician’s Reply
STEP 3 – Decision Letter
STEP 4 – Administrative Appeal
STEP 5 – Final Decision

8. TPR 752
Chapter 5 – Proposed Action Letter (Appendix C) HRO clearance is required.
Emphasis on “Preponderance of Evidence” (greater weight of the evidence to substantiate the facts)
Reference the “Investigation”
“Cause” should include the offense and address the who, what, when, and where of the offense
Cause for Adverse Action is a 2-Part test
(1st) A violation of employer-employee relationship; and
(2nd) Action must promote the efficiency of the service

9. Adverse Actions
Suspension
Reduction In Grade
Removal

10. Technicians Rights to Reply
The right to interview witnesses who voluntarily agree to be interviewed
The Right to Review Materials: Provide copies to the Technician unless there is a clear reason not to All documents not provided should be made available.
Note: the reply time does not start until the supporting documents are made available to the technician.

11. Chapter 6 – Technician’s Reply continued:
More than one reply (oral and/or in writing) may be submitted during the reply step
Witnesses will not be called; however, voluntary statements or documents may be submitted as a portion of reply
The Right to Reply:
Name, and contact information of the Deciding Official is given. Reply may be oral, written or both.
Time-frame for replies is calendar days (minimum of 7 days)
Process for requesting extensions of time to reply provided.
At least 4 hours excused absence to prepare response

12. TPR 752 Chapter 7 – The Original Decision Letter (Appendix E)
Deciding Official named in proposed letter must make the decision, and may not be delegated to anyone else.
HRO clearance is required.
Contains six elements: 1) What action has been decided upon; 2) date action will be effective; 3) Reference replies; 4) reasons for decision; 5) HRO assistance information; and 6) appeal rights with reference to TPR 752-1

13. TPR 752
Method of Delivery: In person with a signed acknowledgement is best; other methods are certified mail, registered mail. Delivery is to individual or their designated representative.
Harmful Error: Burdon of proof is on Technician. Error must be of magnitude that had it not occurred, management may have reached a different conclusion. Must substantially prejudice the technician’s rights. Non-harmful errors can be corrected, e.g. giving additional time to reply, etc.

14. TPR 752
Appeal Rights
Appellate review (by TAG) – HRO provides all evidence to TAG, who may or may not meet with the appellant
Administrative Hearing (with HE recommendations to TAG for final decision)
Notice will be given that if appeal is not made, the original decision letter will become final

15. TPR 752 The Final Decision: TAG determination is always final
Fees and Pay: TAG decides on any awards of Attorneys fees or back pay if appellant prevails
Official Files: HRO maintains all official adverse action files. Even if LORs are removed from the technician’s OPF, the HRO still maintains a copy of it

16. TPR 752
Corrective Actions - If an administrative or procedural error can be corrected to prevent or eliminate harm, the correction must be made. The adverse action may be corrected to rectify the error. Actions may be rescinded and re-served.
Last Chance Agreements – May hold removals in abeyance on written conditions, signed by Deciding Official and Technician/Representative.
Stay of Imposition of Penalties – May direct, but not impose, suspension/CLG if conduct improves under written conditions.
Substance Abuse: No stay of punishment provisions. Make reasonable accommodations, and offer EAP.

17. TPR 752 Appendix F – The Douglas Factors Glossary – Terms Added
Always use these factors in determining the appropriate remedy. Give a frame-work for looking at the whole person and the whole offense No magic words are needed here, but you must decide that they have been considered.
Glossary – Terms Added

18. New TPR 752 APPENDICES ADDED:
Appendix A – References
Appendix B - Sample Letter of Reprimand
Appendix C – Sample Proposed Action Letter
Appendix E – Sample Original Decision Letter
Appendix F – The “Douglas Factors”
Appendix G – Sample Letter of Representation

19. Managing Leave and Attendance Problems
1. When to use AWOL
2. How to Respond to Questionable Sick Leave Request

20. Other Issues to Consider
The union may want to represent the technician. This is an appropriate role
You must prove a clear relationship between the offense and the penalty selected

21. INVESTIGATING INTERVIEWS
Weingarten Rights
INVESTIGATING INTERVIEWS
(5 USC 7114)
TPR 752
Negotiated Contract

22. Weingarten Rights
When employee request union representation, agency rep has three options:
Grant Request or
End interview
And use
Information
Available or
Reassure employee that answers will not result in discipline

23. INVESTIGATIVE INTERVIEW
Role of the Union Representative:
May not disrupt meeting
May not answer questions for employee
May not advise employee to remain silent
May confer with employee concerning questions and framing response
May ask employee questions and make observations on union’s behalf

24. ENFORCED LEAVE
Management must have the technician leave the work site if/when…
The technician is not ready, willing, and able to perform assigned duties; OR
The technician’s continued presence is highly undesirable or presents a threat

25. ENFORCED LEAVE (CONTINUED)
If acceptable resolution – business as usual Discontinue enforced leave and offer technician choice of approved type leave (paid or LWOP)
If not – discipline or adverse action should be pursued

26. Summary Contact me if you have any questions karen.patnode@us.army.mil
DSN: or

27. QUESTIONS?