Discipline—You Can Do it Right The opinions of Ricky J. Walsh IAFF 7th District Vice President

What is Discipline

A process to modify unsatisfactory performance or inappropriate behavior and

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.

AT ANY LEVEL 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

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 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? Access to instructions 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 Unfounded Discipline

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