principles of discipline and grievance handling department of management services hr conference 2006
TRANSCRIPT
PRINCIPLES OF PRINCIPLES OF DISCIPLINE AND DISCIPLINE AND
GRIEVANCE GRIEVANCE HANDLINGHANDLING
Department of Management ServicesDepartment of Management ServicesHR Conference 2006HR Conference 2006
PATTY ROBERTSPATTY ROBERTSHuman Resource ConsultantHuman Resource Consultant
Labor RelationsLabor Relations
Office of the General CounselOffice of the General Counsel
(850) 487-9464/SC 277-9464(850) 487-9464/SC 277-9464
[email protected]@dms.myflorida.com
This Presentation Will This Presentation Will Help You:Help You:
Understand the rolerole discipline plays in good HR management
Understand the requirementsrequirements which apply to Career Service employees when disciplinary actions are taken
Avoid potential problemsAvoid potential problems when disciplinary actions are contemplated
Understand the types of grievancestypes of grievances and employees’ choice of remedy
PRINCIPLES OF PRINCIPLES OF DISCIPLINEDISCIPLINE
What is Your Role as a What is Your Role as a Supervisor / Manager ?Supervisor / Manager ?
• Responsible LeaderResponsible Leader• Agency RepresentativeAgency Representative• Coach and CounselorCoach and Counselor• Records ManagerRecords Manager
The Supervisor’s The Supervisor’s ResponsibilitiesResponsibilities
Understanding statutes, Understanding statutes, rules and policiesrules and policies
Exhibiting positive Exhibiting positive leadership characteristicsleadership characteristics
Articulating expected Articulating expected conduct and performanceconduct and performance
Disciplinary StandardsDisciplinary StandardsAll employees shall have All employees shall have
reasonable access to the reasonable access to the agency’s personnel agency’s personnel manual/disciplinary policiesmanual/disciplinary policies
Receipt of standards Receipt of standards documented by employee’s documented by employee’s signaturesignature
Standards consistently appliedStandards consistently applied
What is DISCIPLINE?What is DISCIPLINE?
PUNISHMENT
DISCIPLINE IS...DISCIPLINE IS......the means by which we give formal notice ...the means by which we give formal notice to the employee of:to the employee of:
– What he/she did wrongWhat he/she did wrong– The rule or standard violatedThe rule or standard violated– Corrective action neededCorrective action needed– What the employee can expect if the What the employee can expect if the
offense is committed againoffense is committed again
Sources of AuthoritySources of Authorityfor Discipline:for Discipline:
Section 110.227, F.S.Section 110.227, F.S.Chapter 60L-36, Chapter 60L-36,
F.A.C., Conduct of F.A.C., Conduct of EmployeesEmployees
Discipline Article of Discipline Article of Each Collective Each Collective Bargaining Bargaining AgreementAgreement
Agency Policies and Agency Policies and ProceduresProcedures
State of Florida’s State of Florida’s PhilosophyPhilosophy
Good faith effort to initiate Good faith effort to initiate counseling or discipline counseling or discipline immediately after immediately after knowledge of the event knowledge of the event giving rise to the actiongiving rise to the action
Establishing CauseEstablishing CauseAs stated in As stated in Section 110.227(1), F.S.Section 110.227(1), F.S.
““Cause shall include, but is not limited to poor Cause shall include, but is not limited to poor performance, negligence, inefficiency or performance, negligence, inefficiency or
inability to perform assigned duties, inability to perform assigned duties, insubordination, violation of the provisions insubordination, violation of the provisions of law or agency rules, conduct unbecoming of law or agency rules, conduct unbecoming
a public employee, misconduct, habitual a public employee, misconduct, habitual drug abuse, or conviction of any crime.”drug abuse, or conviction of any crime.”
[ See 60L-36.005(3), F.A.C. for definitions ][ See 60L-36.005(3), F.A.C. for definitions ]
Establishing CauseEstablishing Cause NoticeNotice Proof of MisconductProof of Misconduct Past PracticePast Practice Appropriateness of DisciplineAppropriateness of Discipline TimelinessTimeliness Employee RightsEmployee Rights
Establishing Cause forEstablishing Cause forDisciplinary ActionsDisciplinary Actions
The burden of proof The burden of proof
is onis on
MANAGEMENTMANAGEMENT
Documentation,Documentation, Documentation,Documentation,
Documentation…Documentation…
Checklist Before Checklist Before Taking ActionTaking Action
Statutes, Rules, Agency StandardsStatutes, Rules, Agency Standards Collective Bargaining AgreementsCollective Bargaining Agreements Law Enforcement Bill of RightsLaw Enforcement Bill of Rights Employee RecordEmployee Record EvidenceEvidence Past PracticePast Practice Mitigating CircumstancesMitigating Circumstances
When CounselingWhen Counselingfor Minor Violationsfor Minor Violations
Be specific as to expectations, Be specific as to expectations, consequences consequences
Maintain privacyMaintain privacyBe objectiveBe objectiveBe professional and respectfulBe professional and respectfulListen to the employeeListen to the employee
When Issuing When Issuing Disciplinary Actions…Disciplinary Actions…
NeverNever make apologies for taking action or
blame higher level management for making the decision to do so
Investigatory InterviewInvestigatory Interview
Law EnforcementLaw Enforcement
Bill of RightsBill of Rights
Sections 112.532 and Sections 112.532 and 112.533, F.S.112.533, F.S.
Investigatory InterviewInvestigatory InterviewEmployee shall be :Employee shall be :• Informed of each Informed of each
complaint or complaint or allegation against allegation against him/herhim/her
• Informed of right to Informed of right to have union have union representation or representation or legal counsellegal counsel
Investigatory InterviewInvestigatory Interview• All written statements and All written statements and
recordings made by complainant recordings made by complainant and witnesses made available for and witnesses made available for review at least 1 hour prior to review at least 1 hour prior to interviewinterview
• Interview conducted at reasonable Interview conducted at reasonable hour, preferably when employee is hour, preferably when employee is on dutyon duty
Investigatory InterviewInvestigatory Interview• Employee shall not be subjected to Employee shall not be subjected to
offensive language or be threatened offensive language or be threatened with transfer, dismissal, or with transfer, dismissal, or disciplinary actiondisciplinary action
• Formal interrogation shall be Formal interrogation shall be recorded and upon request, copy recorded and upon request, copy provided to employee at no costprovided to employee at no cost
Investigatory InterviewInvestigatory Interview• Employee under Employee under
investigation investigation advised in writing advised in writing of results of the of results of the investigation at its investigation at its conclusionconclusion
ReviewReviewYour RoleYour RoleDisciplinary StandardsDisciplinary StandardsState’s Philosophy and AuthorityState’s Philosophy and AuthorityEstablishing CauseEstablishing CauseDocumentationDocumentationEmployee RightsEmployee Rights
PRINCIPLES OF PRINCIPLES OF GRIEVANCE GRIEVANCE HANDLINGHANDLING
What Can HappenWhat Can HappenEven If You Do Everything Even If You Do Everything
RightRight ? ? Career Service GrievanceCareer Service Grievance PERC AppealPERC Appeal Collective Bargaining GrievanceCollective Bargaining Grievance Equal Employment Opportunity Equal Employment Opportunity
Commission (EEOC) ComplaintCommission (EEOC) Complaint Florida Commission on Human Florida Commission on Human
Relations (FCHR) ComplaintRelations (FCHR) Complaint
Resolution of GrievancesResolution of Grievances
Handle Handle promptlypromptly at theat the
LOWEST LEVEL OF SUPERVISIONLOWEST LEVEL OF SUPERVISION having the authorityhaving the authority
to adjust the grievanceto adjust the grievance
Types of Employee Types of Employee GrievancesGrievances
CAREER SERVICECAREER SERVICE
A grievance process shall be available to A grievance process shall be available to permanent career service employees.permanent career service employees.
A grievance is defined as, A grievance is defined as,
“The dissatisfaction that occurs when an “The dissatisfaction that occurs when an employee believes that any condition employee believes that any condition
affecting the employee is unjust, inequitable, affecting the employee is unjust, inequitable, or a hindrance to effective operation.”or a hindrance to effective operation.”
[ Section 110.227(4), F.S. ][ Section 110.227(4), F.S. ]
Exceptions Specified inExceptions Specified inSection 110.227(4), F.S.Section 110.227(4), F.S.
Claims of DiscriminationClaims of DiscriminationClaims of Sexual HarassmentClaims of Sexual Harassment
[ Handled by Agency Internal Procedures ][ Handled by Agency Internal Procedures ]
Claims Related to Suspensions,Claims Related to Suspensions,Reductions in Pay, DemotionsReductions in Pay, Demotions
and Dismissalsand Dismissals[ Handled through PERC Appeal or Collective [ Handled through PERC Appeal or Collective
Bargaining Grievance Process ]Bargaining Grievance Process ]
Career ServiceCareer ServiceGrievance FormGrievance Form
Must SpecifyMust Specify
• Issue(s) Issue(s) giving rise to the grievance
• ReliefRelief requested Must be an issue and
remedy that is within the agency head’s control
Career Service Grievance Career Service Grievance ProcedureProcedure
Step One:Step One:
Employee submits written grievance to Employee submits written grievance to supervisor within supervisor within 7 calendar days7 calendar days of of event giving rise to grievance. event giving rise to grievance.
Supervisor meets with employee within Supervisor meets with employee within 5 business days5 business days following receipt of following receipt of grievance.grievance.
Career Service Grievance Career Service Grievance ProcedureProcedure
Step Two:Step Two:
Employee submits written grievance to Employee submits written grievance to agency head or designee within agency head or designee within 2 business 2 business daysdays following meeting with supervisor. following meeting with supervisor. Meeting with employee within Meeting with employee within 5 business 5 business daysdays following receipt of grievance. Written following receipt of grievance. Written response to Grievant within response to Grievant within 5 business days5 business days following the meeting. following the meeting.
Step Two decision is final.Step Two decision is final.
Public Employees Public Employees Relations CommissionRelations Commission
PERC AppealPERC Appeal
ProcedureProcedure
Section 110.227(6), F.S.Section 110.227(6), F.S.
Employees May Choose Employees May Choose PERC Appeal PERC Appeal oror
Collective Bargaining GrievanceCollective Bargaining Grievance
Reduction in PayReduction in Pay DemotionDemotion SuspensionSuspension DismissalDismissal
Types of Employee Types of Employee GrievancesGrievances
COLLECTIVE COLLECTIVE BARGAININGBARGAINING
Collective BargainingCollective BargainingGrievance ProcedureGrievance Procedure
A dispute involvingA dispute involving
the interpretation or the interpretation or application of theapplication of the specific provisionsspecific provisions
of the Agreementof the Agreement
Collective Bargaining Collective Bargaining Grievance FormGrievance Form
Must SpecifyMust Specify
• Issue(s) Issue(s) giving rise to grievance• Specific Agreement Provision(s)Specific Agreement Provision(s)
allegedly violated• ReliefRelief requested
Collective Bargaining Collective Bargaining Grievance ProcessGrievance Process
Occurrence of EventOccurrence of Event Oral Step -Oral Step - Immediate SupervisorImmediate Supervisor Step 1-Step 1- Management RepresentativeManagement Representative Step 2 -Step 2 - Agency Head or DesigneeAgency Head or Designee Step 3 -Step 3 - DMS Review DMS Review Arbitration - Arbitration - Final and BindingFinal and Binding
Processing a Collective Processing a Collective Bargaining GrievanceBargaining Grievance
Time LimitsTime Limitsinin
Calendar DaysCalendar Days
14 Calendar Days for Grievant to File
14 Calendar Days for Grievant to File
14 Calendar Days for Grievant to File
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
14 Calendar Days to Respond to Grievant
21 Calendar Days to Respond to Grievant
21 Calendar Days to Respond to Grievant
Collective Bargaining Grievance ProcedureCollective Bargaining Grievance Procedure
GRIEVANTGRIEVANT AGENCYAGENCY
Step 1
14 Calendar Days for Grievant to File
14 Calendar Days for Grievant to File
14 Calendar Days for Grievant to File
Occurrence of the Event
Step 2
Step 3Arbitration
14 Calendar Days to Respond to Grievant
14 Calendar Days to Respond to Grievant
Law Enforcement Grievance ProcedureLaw Enforcement Grievance Procedure GRIEVANTGRIEVANT AGENCYAGENCY
To Enforce Time LimitsTo Enforce Time Limits
Document Document in writingin writing all mutual agreements all mutual agreements to extend time limits to extend time limits at any given level of at any given level of the grievancethe grievance
Time LimitsTime Limits
Failure to communicate the Failure to communicate the decision within the specified decision within the specified time limit shall permit the time limit shall permit the
Grievant or UnionGrievant or Union
to proceed to the next stepto proceed to the next step
The Written ResponseThe Written Response
Identify the alleged violation(s) and issue(s)Identify the alleged violation(s) and issue(s)Identify the requested reliefIdentify the requested reliefState the background and relevant factsState the background and relevant factsAddress all articles/provisions allegedly Address all articles/provisions allegedly
violatedviolatedIdentify and address each union issueIdentify and address each union issueIdentify management’s issues, e.g., timelinessIdentify management’s issues, e.g., timelinessState management’s decisionState management’s decision
DocumentDocument the date and timethe date and time the Grievant or Unionthe Grievant or Union RECEIVES RECEIVES thethe agency responseagency response
The Written ResponseThe Written Response
RepresentationRepresentation
• Union has right to attend any meeting Union has right to attend any meeting called for the resolution of grievancecalled for the resolution of grievance
• If employee elects union representation, If employee elects union representation, any decisions mutually agreed to by State any decisions mutually agreed to by State and Union areand Union are binding on Grievantbinding on Grievant
Basic Principles to Basic Principles to RememberRemember
Review grievance for timeliness, watch Review grievance for timeliness, watch timeframes for respondingtimeframes for responding
If no meeting conducted with Union, If no meeting conducted with Union, document date of discussion by phonedocument date of discussion by phone
Review previous decisions, no new Review previous decisions, no new issuesissues
Accuracy and specificity essentialAccuracy and specificity essential
Settlement of GrievancesSettlement of Grievances
When management When management and the Union mutuallyand the Union mutually agree to modify the agree to modify the terms of the originalterms of the original action takenaction taken
What Choices Do Employees HaveWhat Choices Do Employees Haveto Grieve or Appeal These Actions?to Grieve or Appeal These Actions?
CounselingCounseling ____________________Oral ReprimandOral Reprimand __________ __________ Involuntary DemotionInvoluntary Demotion __________ __________ Reduction in PayReduction in Pay ____________________SuspensionSuspension __________ __________ DismissalDismissal ____________________
Choices: Choices: Career Service GrievanceCareer Service GrievanceCollective Bargaining GrievanceCollective Bargaining GrievancePERC AppealPERC AppealNot Grievable/AppealableNot Grievable/Appealable
Can’t put your hands on Can’t put your hands on your rules, statutes, your rules, statutes, collective bargaining collective bargaining
agreements? agreements?
DMS WEBSITEDMS WEBSITE[ Quick Links to Rules, Statutes, and[ Quick Links to Rules, Statutes, andCollective Bargaining Agreements ]Collective Bargaining Agreements ]
www.dms.myflorida.com/dms2/human_resource_www.dms.myflorida.com/dms2/human_resource_
support/human_resource_managementsupport/human_resource_management
DMS LABOR RELATIONS DMS LABOR RELATIONS CONTACTSCONTACTS
John CovingtonJohn Covington ………………… ………………… 850/487-9460850/487-9460• Federation of Physicians and Dentists (All Units)Federation of Physicians and Dentists (All Units)• Florida Nurses AssociationFlorida Nurses Association
Richard McLellanRichard McLellan ……………….. ……………….. 850/488-1280850/488-1280• PBA (All Units)PBA (All Units)
Patty RobertsPatty Roberts ……………………. ……………………. 850/487-9464850/487-9464• AFSCME Master ContractAFSCME Master Contract• Florida State Fire Service AssociationFlorida State Fire Service Association
PRINCIPLES OF PRINCIPLES OF DISCIPLINE AND DISCIPLINE AND
GRIEVANCE GRIEVANCE HANDLINGHANDLING
Department of Management ServicesDepartment of Management Services