FUNDAMENTALS OF ATTENDANCE CONTROL. BACK TO THE BASICS.
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Transcript of FUNDAMENTALS OF ATTENDANCE CONTROL. BACK TO THE BASICS.
FUNDAMENTALS OF ATTENDANCE CONTROL
FUNDAMENTALS OF ATTENDANCE CONTROL
BACK TO THE BASICS
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 1TYPES OF LEAVE
FUNDAMENTALS OF ATTENDANCE CONTROL
SLALLWOPAWOLFMLA
FUNDAMENTALS OF ATTENDANCE CONTROL
UNION REPRESENTATIONPOSTAL POLICIESLONG TERM LEAVE ISSUESFAMILY REQUIREMENTSTOO MUCH WORKERMSLR ASSISTANCE
FUNDAMENTALS OF ATTENDANCE CONTROL
WHAT CAN I DO?
FUNDAMENTALS OF ATTENDANCE CONTROL
ESTABLISH AN EXPECTATION
ESTABLISH A EXPECTATION
HOW?● FOLLOW POSTAL POLICY● PUT IT IN YOUR OWN WORDS NOT ELM
CITES● COMPLY WITH THE CONTRACTS AND
LAW● CLEAR WITH YOUR MANAGER● INFORM THE UNION & STEWARD(S)● COMMUNICATE THE EXPECTATION TO
YOUR EMPLOYEES
FUNDAMENTALS OF ATTENDANCE CONTROL
COMMUNICATE THE EXPECTATION
COMMUNICATE THE EXPECTATION
COMMUNICATE● STAND UP TALKS TO GROUPS● TALK TO INDIVIDUAL EMPLOYEE ● CLEAR AND CONSISTENT POLICY● USE A “BAG OF TRICKS”● FOCUS ON LONG-TERM SOLUTION● NIKE MOTTO “JUST DO IT”
FUNDAMENTALS OF ATTENDANCE CONTROL
ENFORCE THE EXPECTATION
ENFORCE THE EXPECTATION
ENFORCE THE EXPECTATION● HOW?● WHY?● WHEN?
ENFORCE THE EXPECTATION
HOW?● COMMUNICATION● CLEAR AND CONSISTENT● VERBAL AT FIRST● FACE TO FACE● IN PRIVATE● GO TO THE NEXT STEP
ENFORCE THE EXPECTATION
WHY?● NO ENFORCEMENT = NO
EXPECTATION● FAIR TO ALL EMPLOYEES● 65% MOTIVATED/ 9% NON-MOTIVATED/
26% NOT DECIDED
ENFORCE THE EXPECTATION
WHEN?● WHEN EMPLOYEES ENTER YOUR
WORK LOCATION NEW EMPLOYEE
NEW BID ASSIGNMENT TRANSFER/REASSIGNMENT
● UPON RETURN FROM EVERY UNSCHEDULED ABSENCE
● ONCE EACH QUARTER
FUNDAMENTALS OF ATTENDANCE CONTROL
JANICE SMITH IS A CLERK WHO HAS WORKED FOR YOU FOR THREE YEARS. SHE HAS AN ATTENDANCE RECORD WHICH MEETS YOUR STANDARD. YESTERDAY SHE CALLED IN SICK IN CONJUNCTION WITH HER NON SCHEDULED DAY.
WHAT WILL YOU DO UPON HER RETURN TO DUTY?
FUNDAMENTALS OF ATTENDANCE CONTROL
SAM JONES IS A MAILHANDLER WHO RECENTLY BID INTO YOUR WORK LOCATION. HE HAS FOUR YEARS OF SERVICE. YOU HAVE REVIEWED HIS 3972 AND FIND THAT IT DOES NOT MEET YOUR ATTENDANCE STANDARD.
WHAT WILL YOU DO?
FUNDAMENTALS OF ATTENDANCE CONTROL
JANICE SMITH IS A NEWLY HIRED CLERK. SHE HAS REPORTED TO YOU AFTER HER ORIENTATION ON THE THIRD DAY OF HER EMPLOYMENT.
WHAT WILL YOU SAY TO HER CONCERNING YOUR ATTENDANCE STANDARD?
FUNDAMENTALS OF ATTENDANCE CONTROL
SAM JONES IS A MAILHANDLER WHO WAS RECENTLY EXCESSED INTO YOUR WORK LOCATION. HE PREVIOUSLY WAS A DCO AT A REMOTE ENCODING CENTER.
WHAT WILL YOU DISCUSS WITH HIM ON HIS FIRST DAY IN YOUR UNIT?
WHAT WILL YOU DO BEFORE YOUR DISCUSSION?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 2DEFINITIONS
FUNDAMENTALS OF ATTENDANCE CONTROL
REGULAR IN ATTENDANCE● WHAT IS IT?● WHAT DOES IT MEAN?● HOW DO I USE IT?● DO I SET THE STANDARD BY
EXAMPLE?
REGULAR IN ATTENDANCE
COME TO WORK WHEN SCHEDULED
COME TO WORK ON-TIMEBE READY TO START AT CLOCK IN
REGULAR IN ATTENDANCE
WHAT DOES IT MEAN?● PERFECT ATTENDANCE● SICK LEAVE IS INSURANCE● BE FAIR
REGULAR IN ATTENDANCE
HOW DO I USE IT?● COMMUNICATE THE EXPECTATION● BE FAIR● BE CONSISTENT● NO DISCRIMINATION● ADDRESS EACH INSTANCE BASED ON
EMPLOYEE’S RECORD● BE PROFESSIONAL
REGULAR IN ATTENDANCE
DO I SET THE STANDARD BY MY EXAMPLE?● EMPLOYEES WATCH WHAT WE DO● EXCEED YOUR STANDARD FOR
EMPLOYEES
FUNDAMENTALS OF ATTENDANCE CONTROL
DISCUSSION VS PRE-DISCIPLINARY INTERVIEW
DISCUSSION VS. PDI
DISCUSSIONS AND PRE-DISCIPLINARY INTERVIEWS (PDI) HAVE TWO DISTINCT MEANINGS.
DISCUSSIONS
DISCUSSIONS ARE HELD FOR MINOROFFENSES IN ATTEMPT TO CORRECTTHE BEHAVIOR. SUCH DISCUSSIONSARE NOT CONSIDERED DISCIPLINE.
DISCUSSIONS
THE DISCUSSION IS NOT AN INVESTIGATION AND IS NOTDISCIPLINE BUT RATHER PUTS ANEMPLOYEE ON WARNINGCONCERNING THEIR BEHAVIOR.
DISCUSSIONS
BE POSITIVE BE PREPARED KEEP IT SHORT COVER ALL ISSUES GET FEEDBACK FROM EMPLOYEE TRY FOR EMPLOYEE BUY IN OFFER ASSISTANCE IF YOU BELIEVE IT
IS NECESSARY
PRE-DISCIPLINARY INTERVIEW (PDI)
PRE-DISCIPLINARY INTERVIEW (PDI) MUST TAKE PLACE PRIOR TO THE ISSUANCE OF ANY DISCIPLINARY ACTION.
THE PDI IS THE EMPLOYEE’S OPPORTUNITY TO GIVE THEIR SIDE OF THE STORY.
PRE-DISCIPLINARY INTERVIEW (PDI)
THE EMPLOYEE MUST BE INFORMED THAT THE PDI MAY LEAD TO DISCIPLINE.
PRE-DISCIPLINARY INTERVIEW (PDI)
IF AN EMPLOYEE REQUESTS UNION REPRESENTATION THEIR REQUEST CANNOT BE DENIED.
PRE-DISCIPLINARY INTERVIEW (PDI)
IT MUST BE REMEMBERED, HOWEVER, THAT THE RIGHT TO A STEWARD IS THE EMPLOYEE’S RIGHT AND NOT THE UNION’S. THUS, TO BE ACTIVATED, THE EMPLOYEE MUST REQUEST THE PRESENCE OF A UNION REPRESENTATIVE
PRE-DISCIPLINARY INTERVIEW (PDI)
THE UNION CANNOT EXERCISE THESE RIGHTS ON THE EMPLOYEE’S BEHALF. ADDITIONALLY, MANAGEMENT IS NOT REQUIRED TO INFORM AN EMPLOYEE OF HIS/HER RIGHTS.
PRE-DISCIPLINARY INTERVIEW (PDI)
DURING A PDI, THE EMPLOYEE HAS THE RIGHT TO THE STEWARD’S ASSISTANCE; THE STEWARD IS NOT REQUIRED TO BE A SILENT WITNESS.
LISTEN AND NOTE WHAT EMPLOYEE STATES
AFTER PDI, CONSIDER EMPLOYEE INPUT BEFORE MAKING A DECISION
PRE-DISCIPLINARY INTERVIEW (PDI)
THE PDI IS A PART OF YOURINVESTIGATION
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 1DISCUSSION
FUNDAMENTALS OF ATTENDANCE CONTROL
Janice Smith is a clerk with 7 years of service. Her attendance has been generally good until recently. In the past 6 weeks she has used 8 hours of unscheduled SL on one day. She has used 8 hours EAL. She has been .50 late and .75 late on two separate occasions. You are her supervisor.
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
Sam Jones is a mailhandler with 4 years of service. During his quarterly review you discussed his constant tardy behavior, at least one per week. Now 2 weeks later he is again 15 minutes late reporting for work.
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 3JUST CAUSE
JUST CAUSE
ARTICLE 16 OF THE NATIONAL AGREEMENT STATES THAT “NO EMPLOYEE MAY BE DISCIPLINED OR DISCHARGED EXCEPT FOR JUST CAUSE SUCH AS, BUT NOT LIMITED TO,
JUST CAUSE
INSUBORDINATION, PILFERAGE, INTOXICATION, INCOMPETENCE,FAILURE TO PERFORM WORK ASREQUESTED, VIOLATION OF THETERMS OF THIS AGREEMENT, ORFAILURE TO OBSERVE SAFETYRULES AND REGULATIONS”.
JUST CAUSE
ALTHOUGH CITING SOME EXAMPLES, THE CONTRACT DOES NOT CLEARLY DEFINE JUST CAUSE.
JUST CAUSE
TO HELP DETERMINE IF JUST CAUSE EXISTS WE USE THE “TEST OF JUST CAUSE” STANDARD.
JUST CAUSE
A “NO” ANSWER TO ANY OF THESEQUESTIONS INDICATES THAT THEREWAS NOT PROPER CAUSE FOR THEDISCIPLINARY ACTION TAKEN.
JUST CAUSE
IS THERE A EXPECTATION?● IF SO, WAS THE EMPLOYEE AWARE
OF THE EXPECTATION? WAS THE EMPLOYEE FOREWARNED OF THE DISCIPLINARY CONSEQUENCE FOR FAILURE TO FOLLOW THE EXPECTATION?
JUST CAUSE
IS THE EXPECTATION REASONABLE?● WAS THE EMPLOYER’S EXPECTATION
OR MANAGERIAL ORDER REASONABLY RELATED TO THE ORDERLY, EFFICIENT AND SAFE OPERATION OF THE COMPANY’S BUSINESS?
JUST CAUSE
WAS A THOROUGH INVESTIGATION COMPLETED?● DID THE EMPLOYER, BEFORE
ADMINISTRATING DISCIPLINE, MAKE AN EFFORT TO DISCOVER WHETHER THE EMPLOYEE VIOLATED OR DISOBEYED A EXPECTATION OR ORDER OF MANAGEMENT?
JUST CAUSE
● WAS THIS INVESTIGATION CONDUCTED FAIRLY AND OBJECTIVELY?
JUST CAUSE
● HAS THE EMPLOYER APPLIED ITS EXPECTATIONS, ORDERS, AND PENALTIES EVENHANDEDLY, AND WITHOUT DISCRIMINATION TO ALL EMPLOYEES?
JUST CAUSE
IS THE EXPECTATION CONSISTENTLY APPLIED?● DURING THE INVESTIGATION, DID THE
EMPLOYER OBTAIN SUBSTANTIAL EVIDENCE OR PROOF THAT THE EMPLOYEE COMMITTED THE INFRACTION.
JUST CAUSE
WAS THE SEVERITY OF THE DISCIPLINE REASONABLY RELATED TO THE INFRACTION ITSELF AND IN LINE WITH WHAT IS USUALLY ADMINISTERED, AS WELL AS TO THE SERIOUSNESS OF THE EMPLOYEE’S PAST RECORD?
JUST CAUSE
● WAS THE DEGREE OF DISCIPLINE ADMINISTERED BY THE EMPLOYER REASONABLY RELATED TO: THE SERIOUSNESS OF THE PROVEN
OFFENSE AND THE RECORD OF THE EMPLOYEE’S
SERVICE?
JUST CAUSE
WAS THE DISCIPLINARY ACTION TAKEN IN A TIMELY MANNER?● DISCIPLINARY ACTIONS SHOULD BE
TAKEN AS PROMPTLY AS POSSIBLE AFTER THE OFFENSE HAS BEEN COMMITTED.
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 2PRE-DISCIPLINARY INTERVIEW
FUNDAMENTALS OF ATTENDANCE CONTROL
Janice Smith has had a discussion concerning her attendance. Since the discussion four weeks ago, she has been tardy once each week for two weeks. She called in unscheduled SL this week.
What do you propose for Janice as her supervisor?
FUNDAMENTALS OF ATTENDANCE CONTROL
Sam Jones had a discussion concerning his attendance three weeks ago. Yesterday he called in for EAL.
As his supervisor what will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 4DUE PROCESS
DUE PROCESS
THE ESSENTIAL REQUIREMENTS OF DUE PROCESS ARE NOTICE AND AN OPPORTUNITY TO RESPOND. THE OPPORTUNITY TO PRESENT REASONS, EITHER IN PERSON OR IN WRITING IS A FUNDAMENTAL DUE PROCESS REQUIREMENT.
DUE PROCESS
…THE EMPLOYEE IS ENTITLED TO NOTICE OF THE CHARGES AGAINST HIM, AN EXPLANATION OF THE EMPLOYER’S EVIDENCE, AND AN OPPORTUNITY TO PRESENT HIS SIDE OF THE STORY.
DUE PROCESS
FOR POSTAL BARGAINING UNIT EMPLOYEES THIS INCLUDES A WRITTEN NOTICE OF CHARGES AND THE RIGHT TO FILE A GRIEVANCE.
DUE PROCESS
THE EMPLOYEE MUST BE GIVEN THE APPROPRIATE CONTRACTUAL NOTICE PERIOD AND THE APPROPRIATE GRIEVANCE RIGHTS IN EFFECT AT THE TIME OF ISSUANCE.
FUNDAMENTALS OF ATTENDANCE CONTROL
REVIEW AND CONCURRENCE
REVIEW AND C0NCURRENCE
THE NATIONAL AGREEMENTS FOR THE FOUR MAJOR UNIONS REQUIRE THAT ALL SUSPENSIONS AND DISCHARGES MUST BE REVIEWED AND CONCURRED.
REVIEW AND C0NCURRENCE
THE APWU AND NALC AGREEMENT REQUIRES THE REVIEW AND CONCURRENCE BE COMPLETED BY THE INSTALLATION HEAD OR DESIGNEE. WRITTEN CONCURRENCE IS NOT REQUIRED.
REVIEW AND C0NCURRENCE
THE NPMHU AGREEMENT REQUIRES THE SUSPENSION OR DISCHARGE BE REVIEWED AND CONCURRED BY THE INSTALLATION HEAD OR DESIGNEE. SIGNED AND DATED WRITTEN CONCURRENCE IS REQUIRED.
REVIEW AND C0NCURRENCE
THE RURAL AGREEMENT REQUIRES THAT SUSPENSIONS OR DISCHARGES BE REVIEWED AND CONCURRED BY A HIGHER AUTHORITY. THIS CONCURRENCE MUST BE IN WRITING.
REVIEW AND C0NCURRENCE
ON DECEMBER 3, 2002, A NATIONAL ARBITRATION AWARD BY ARBITRATOR DANA EISCHEN DEALT WITH THE ISSUE OF REVIEW AND CONCURRENCE OF DISCIPLINE UNDER THE RURAL LETTER CARRIER AGREEMENT.
REVIEW AND C0NCURRENCE
THE ARBITRATOR DECIDED IN FAVOR OF THE UNION AND ESTABLISHED GUIDELINES FOR THE REVIEW AND CONCURRENCE OF DISCIPLINE FOR RURAL LETTER CARRIERS.
REVIEW AND C0NCURRENCE
THE AWARD HAS BEEN INCORPORATED IN THE MAIL HANDLER CONTRACT INTERPRETATION MANUAL (CIM). THE APWU AND NALC WILL USE HIS REASONING WHEN ARGUING REVIEW AND CONCURRENCE ISSUES.
REVIEW AND C0NCURRENCE
ARBITRATOR EISCHEN DECIDED THE NATIONAL RURAL LETTER CARRIER AGREEMENT IS VIOLATED UNDER THE FOLLOWING CONDITIONS:
REVIEW AND C0NCURRENCE
● IF THERE IS A “COMMAND DECISION” FROM HIGHER AUTHORITY TO IMPOSE A SUSPENSION OR DISCHARGE.
● IF THERE IS A JOINT DECISION BY THE INITIATING AND REVIEWING OFFICIALS TO IMPOSE A SUSPENSION OR DISCHARGE.
REVIEW AND C0NCURRENCE
● IF THERE IS A FAILURE OF EITHER THE INITIATING OR REVIEWING OFFICIAL TO MAKE AN INDEPENDENT SUBSTANTIVE REVIEW OF THE EVIDENCE PRIOR TO THE IMPOSITION OF A SUSPENSION OR DISCHARGE.
● IF THERE IS NO EVIDENCE OF WRITTEN REVIEW AND CONCURRENCE PRIOR TO THE IMPOSITION OF A SUSPENSION OR DISCHARGE.
REVIEW AND C0NCURRENCE
VIOLATION OF ANY OF THE FIRST THREE ISSUES CONSTITUTES A SUBSTANTIVE VIOLATION AND A REMEDY OF REINSTATEMENT WITH “MAKE WHOLE” DAMAGES.
REVIEW AND C0NCURRENCE
VIOLATION OF THE FOURTH ISSUE (WRITTEN CONCURRENCE ) CONSTITUTES A PROCEDURAL VIOLATION OF THE CONTRACT FOR WHICH A REMEDY MIGHT BE APPROPRIATE.
REVIEW AND C0NCURRENCE
THE ARBITRATOR ALSO DECIDED THAT UNDER THE FOLLOWING CONDITIONS THE NATIONAL RURAL LETTER CARRIER AGREEMENT IS NOT VIOLATED:
REVIEW AND C0NCURRENCE
● IF THE LOWER LEVEL SUPERVISOR CONSULTS, DISCUSSES, COMMUNICATES WITH OR JOINTLY CONFERS WITH THE HIGHER REVIEWING AUTHORITY BEFORE DECIDING TO PROPOSE DISCIPLINE.
REVIEW AND C0NCURRENCE
IF THE HIGHER LEVEL AUTHORITY DOES NOT CONDUCT AN INDEPENDENT INVESTIGATION AND RELIES UPON THE RECORD SUBMITTED BY THE SUPERVISOR WHEN REVIEWING AND CONCURRING WITH THE PROPOSED DISCIPLINE.
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 5HARMFUL ERROR/ FATAL
FLAWS/ PROCEDURAL DEFECTS
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
IT IS GENERALLY RECOGNIZED THATTHE ISSUE OF JUST CAUSE FORDISCIPLINE INVOLVES MORE THAN AFINDING OF MISCONDUCT.ARBITRATORS OFTEN ENFORCEMINIMUM ELEMENTS OF “DUEPROCESS.”
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
UNDER DUE PROCESS MANAGEMENTMUST MEET CERTAIN REQUIREMENTSAND PROCEDURES. IF THEY FAIL TODO SO, DISCIPLINE WHICH ISOTHERWISE FOR JUST CAUSE, MAY BEREDUCED OR SET ASIDE AS UNJUST IFTHE AGREED UPON PROCEDURES ARENOT FOLLOWED AND HARM RESULTS.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
MOST ABITRATORS REQUIRE A SHOWING OF PREJUDICE TO THEEMPLOYEE BEFORE TAKING ACTIONTO REDUCE, MODIFY, OR SET ASIDEDISCIPLINE.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
THERE IS NO DEFINITIVE LIST OF DUE
PROCESS ELEMENTS WHAT ONEARBITRATOR SEES AS A HARMFULERROR IS GIVEN DIFFERENT WEIGHTBY ANOTHER.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
FOLLOWING IS A LIST OF THE MOSTCOMMON PROCEDURAL DEFECTSTHAT HAVE RESULTED IN DISCIPLINEBEING OVERTURNED IN ARBITRATIONS: NO PRE-DISCIPLINARY INTERVIEW FAILURE TO PROVIDE REQUESTED
INFORMATION
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
NO REVIEW OF DISCIPLINE NOT GIVING CORRECT APPEAL RIGHTS NO INVESTIGATION CITING EXPIRED DISCIPLINE IMPROPERLY RE-ISSUING DISCIPLINE
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS
DOUBLE JEOPARDY FACTS NOT SAME AS CHARGE
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 6DISCIPLINE FORMATS
CHARGE WRITING HELP
“Blue Page”Labor RelationsCharge Letters Sample FilesOpen Zip Files
FUNDAMENTALS OF ATTENDANCE CONTROL
IF YOU ARE CONSIDERING ACTION TO DENY LEAVE OR ISSUING DISCIPLINE FOR LEAVE THAT MAY BE PROTECTED, EITHER BY THE CONTRACT, ELM, FMLA, USERRA, OR OTHER STATUE SEEK ADVICE IMMEDIATELY.
DISTRICT FMLA COORDINATORS AND LABOR RELATIONS WILL ASSIST ALONG WITH THE AREA LAW OFFICE IF ADDITIONAL ASSISTANCE IS REQUIRED.
FUNDAMENTALS OF ATTENDANCE CONTROL
LETTERS OF WARNING
LETTERS OF WARNING
THE FORMAT FOR LETTERS OF WARNING IS THE SAME FOR ALL FOUR OF THE MAJOR UNIONS.
LETTERS OF WARNING
ALL FOUR CONTRACTS (APWU,NALC,NPMHU,NRLCA) STATE “A LETTER OF WARNING IS A DISCIPLINARY NOTICE IN WRITING, IDENTIFIED AS AN OFFICIAL DISCIPLINARY LETTER OF WARNING WHICH SHALL INCLUDE AN EXPLANATION OF A DEFICIENCY OR MISCONDUCT TO BE CORRECTED”.
LETTERS OF WARNING
Why give a letter of warning?When do you give a LOW?How do you give the LOW?How long does the LOW remain in
effect?
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 3LETTER OF WARNING
FUNDAMENTALS OF ATTENDANCE CONTROL
Janice Smith did not receive corrective action for her failure to be regular in attendance. Three weeks have passed and she has been tardy on one day and has called in for unscheduled SL for another day.
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
For the past three weeks Sam Jones has had perfect attendance. This week Sam got in an argument with a co-worker which led to a loss of production.
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
SUSPENSIONS
SUSPENSIONS
SUSPENSIONS MUST NOT BE ISSUED FOR LESS THAN FIVE WORKING DAYS (7 CALENDAR DAY SUSPENSION).
SUSPENSIONS MUST NOT BE ISSUED FOR MORE THAN 10 WORKING DAYS (14 CALENDAR DAY SUSPENSION).
SUSPENSIONS
THE FORMAT, NOTICE PERIOD, TERMS, AND APPEAL RIGHTS FOR SUSPENSIONS VARY BY UNION AND LENGTH OF SUSPENSION.
YOU MUST USE THE PROPER FORMAT FOR EACH OF THE FOUR UNIONS, GIVING EMPLOYEES THEIR DUE PROCESS RIGHTS.
APWU SUSPENSIONS
ALL APWU EMPLOYEES MUST BE GIVEN A TEN (10) CALENDAR DAY NOTICE PERIOD PRIOR TO SERVING THE SUSPENSION.
SUSPENSIONS ARE TIME-OFF, BUT IF A TIMELY GRIEVANCE IS FILED, THE EFFECTIVE DATE IS DELAYED UNTIL EITHER A GRIEVANCE SETTLEMENT OR AN ARBITRATOR’S DECISION.
APWU SUSPENSIONS
THE EMPLOYEE SHALL REMAIN ON THE JOB OR “ON THE CLOCK” (PAID) AT THE OPTION OF THE EMPLOYER.
NALC SUSPENSIONS
ALL NALC SUSPENSION ARE NO-TIME-OFF. THE EMPLOYEE REMAINS ON DUTY DURING THE TERM OF THE SUSPENSION WITHOUT LOSS OF PAY.
NALC SUSPENSIONS
SUCH SUSPENSIONS ARE EQUIVALENT TO TIME-OFF SUSPENSIONS AND MAY BE CITED AS ELEMENTS OF PAST RECORD IN SUBSEQUENT DISCIPLINE IN ACCORDANCE WITH ART. 16.10.
NALC SUSPENSIONS
ALL SUSPENSIONS ISSUED MUST ADVISE THE RECIPIENT OF THEIR GRIEVANCE APPEAL RIGHTS.
MAIL HANDLER SUSPENSIONS
THE MAIL HANDLERS HAVE A DIFFERENT PROCEDURE FOR 7 VS. 14 DAY SUSPENSIONS.
FOR 7 DAY SUSPENSIONS NO NOTICE PERIOD IS REQUIRED. THIS IS A PAPER SUSPENSION ONLY (NO-TIME-OFF IS SERVED.)
MAIL HANDLER SUSPENSIONS
FOR 14 DAY SUSPENSIONS THE EMPLOYEE MUST BE GIVEN A 14 DAY NOTICE PERIOD.
MAIL HANDLER SUSPENSIONS
14 DAY SUSPENSION ARE TIME-OFF. HOWEVER, IF A TIMELY GRIEVANCE IS FILED PRIOR TO THE EFFECTIVE DATE AND, IF THE GRIEVANCE IS TIMELY APPEALED TO STEP 2, THE GRIEVANT SHALL NOT BEGIN TO SERVE THE SUSPENSION UNTIL AFTER THE STEP 2 DECISION HAS BEEN RENDERED.
MAIL HANDLER SUSPENSIONS
WHEN AN EMPLOYEE BEGINS SERVING A SUSPENSION BEFORE THE ISSUANCE OF A WRITTEN STEP 2 DECISION OF A GRIEVANCE PROPERLY APPEALED THE APPROPRIATE REMEDY IS TO RESCIND THE SUSPENSION AND MAKE THE GRIEVANT WHOLE.
RURAL CARRIER SUSPENSIONS
NO NOTICE PERIOD IS REQUIRED AND ALL SUSPENSIONS WILL BE PAPER (NO-TIME-OFF).
SUCH PAPER SUSPENSIONS SHALL INDICATE THE LENGTH OF THE SUSPENSION WITH A WRITTEN NOTICE OF THE CHARGES AGAINST THE EMPLOYEE.
RURAL CARRIER SUSPENSIONS
AN EMPLOYEE WHO HAS RECEIVED A FOURTEEN (14) DAY SUSPENSION WILL BE GIVEN A DAY OF REFLECTION, PROVIDED IT IS AGREEABLE TO THE UNION.
RURAL CARRIER SUSPENSIONS
IF THE EMPLOYEE IS DIRECTED TO TAKE THE DAY OF REFLECTION HE OR SHE WILL BE PLACED IN A PAID, NON-DUTY STATUS FOR ONE (1) SCHEDULED WORK DAY.
GUIDELINES FOR DAY OF REFLECTION ARE INCLUDED IN ARTICLE 16 SECTION 3 OF THE NATIONAL AGREEMENT.
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 4SUSPENSIONS
FUNDAMENTALS OF ATTENDANCE CONTROL
Janice Smith is a clerk with 7 years of postal work. She has had a discussion and a Letter of Warning concerning her failure to be regular in attendance. A quarterly review of her attendance reveals what appears to be a pattern of use of unscheduled leave in conjunction with NS days.
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
In the past 4 weeks Sam Jones has missed the following days:
Tuesday 8 UAL Late Call Friday 4 USL Friday 8 USL Tuesday 4 hours Tardy
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
REMOVALS
REMOVALS –NON PREF. ELIGIBLES
THE PROCESS FOR ISSUING REMOVAL NOTICES IS THE SAME FOR ALL FOUR OF THE MAJOR UNIONS WITH A MINOR EXCEPTION FOR THE NALC.
THE EFFECTIVE DATE OF THE REMOVAL MUST BE AT LEAST 30 CALENDAR DAYS AFTER THE DATE THE NOTICE IS DELIVERED.
REMOVALS –NON PREF. ELIGIBLES
FOR LETTER CARRIERS ONLY, THE REMOVAL WILL BE DEFERRED UNTIL A DECISION IS MADE ON THE GRIEVANCE, IF ONE IS FILED, AT THE STEP B LEVEL OF THE NALC-USPS JOINT DISPUTE RESOLUTION PROCESS, OR 14 DAYS AFTER THE APPEAL IS RECEIVED AT STEP B, WHICHEVER COMES FIRST.
REMOVALS – VET PREF.ELIGIBLES
FOR VETERAN PREFERENCE ELIGIBLE EMPLOYEES A “PROPOSED NOTICE OF REMOVAL” MUST BE ISSUED. ONCE ISSUED THE EMPLOYEE HAS THE RIGHT TO REVIEW THE MATERIAL RELIED UPON TO ISSUE THE ACTION.
REMOVALS – VET PREF.ELIGIBLES
THE EMPLOYEE ALSO HAS THE RIGHT TO ANSWER THE CHARGESEITHER IN WRITING OR IN PERSONOR BOTH TO THE DECIDING OFFICIAL(A HIGHER AUTHORITY).
REMOVALS – VET PREF.ELIGIBLES
THE DECIDING OFFICIAL WILL THEN ISSUE A LETTER OF DECISION WHICH MUST INCLUDE THE RIGHT TO APPEAL THE DECISION TO MSPB IF THE REMOVAL IS UPHELD OR A MITIGATED UNILATERAL DECISION IS ISSUED, SUCH AS DOWNGRADE.
REMOVALS – VET PREF.ELIGIBLES
FOR THE PURPOSE OF GRIEVANCE PROCEDURE APPEALS, THE TIME LIMIT OF SECTION 2 OF ARTICLE 15 SHALL RUN FROM THE PROPOSED REMOVAL NOTICE, NOT FROM A DECISION LETTER.
REMOVALS – VET PREF.ELIGIBLES
ONCE A GRIEVANCE ON A NOTICE OF PROPOSED REMOVAL IS FILED, IT IS NOT NECESSARY FOR THE UNION TO FILE A GRIEVANCE ON THE DECISION LETTER.
REMOVALS – VET PREF.ELIGIBLES
RECEIPT OF A NOTICE OF PROPOSED REMOVAL STARTS THE 30 DAY ADVANCE NOTICE PERIOD REQUIRED IN SECTION 5 OF ARTICLE 16.
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 5REMOVAL
FUNDAMENTALS OF ATTENDANCE CONTROL
This month Janice Smith has the following schedule of leave use since her last corrective discipline:
Tuesday 8 USL Thursday 8 EAL Friday 5 Late Tuesday 8 USL
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
Sam Jones had an argument with you concerning his work on the dock. He refused to report to the dock to assist in off-loading a trailer full of Time magazines.
What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 7SEPARATIONS
FUNDAMENTALS OF ATTENDANCE CONTROL
SEPARATION – DISQUALIFICATION(ELM 365.32)
SEPARATION - DISQUALIFICATION
THIS TYPE OF SEPARATION APPLIES ONLY TO EMPLOYEES WHO HAVE NOT COMPLETED THEIR PROBATIONARY PERIOD.
SEPARATION - DISQUALIFICATION
THE WRITTEN NOTICE MUST AT A MINIMUM CONSIST OF THE APPOINTING OFFICIAL’S CONCLUSIONS ABOUT THE INADEQUACIES OF PERFORMANCE OR CONDUCT.
SEPARATION - DISQUALIFICATION
PROBATIONARY EMPLOYEE’S ATTENDANCE● PAY CLOSE ATTENTION TO
PROBATIONARY EMPLOYEES AND THEIR ATTENDANCE / REPORTING
● WILL THE EMPLOYEE’S ATTENDANCE GET BETTER WHEN THEY COMPLETE THE PROBATIONARY PERIOD?
FUNDAMENTALS OF ATTENDANCE CONTROL
SEPARATION DISABILITY
SEPARATION - DISABILITY
SEPARATION – DISABILITY IS A TERM USED TO INDICATE THE SEPARATION OF AN EMPLOYEE OTHER THAN A TEMPORARY, CASUAL, OR A PROBATIONARY EMPLOYEE
LONG TERM LWOP ISSUES
SEPARATION - DISABILITY
WHOSE MEDICAL CONDITION RENDERS THE EMPLOYEE UNABLETO PERFORM THE DUTIES OF THEPOSITION AND WHO IS INELIGIBLEFOR DISABILITY RETIREMENT. (ELM 365.341)
SEPARATION - DISABILITY
AT THE EXPIRATION OF 1 YEAR OF CONTINUOUS ABSENCE WITHOUT PAY, AN EMPLOYEE WHO HAS BEEN ABSENT BECAUSE OF ILLNESS MAY BE SEPARATED FOR DISABILITY. THIS ACTION IS NOT MANDATORY
SEPARATION - DISABILITY
IF THERE IS REASON TO BELIEVE THE EMPLOYEE WILL RECOVERWITHIN A REASONABLE LENGTH OFTIME BEYOND THE 1-YEAR PERIOD,THE EMPLOYEE MAY BE GRANTEDADDITIONAL LEAVE IN 30-DAYPERIODS, NOT TO EXCEED 90 DAYS.
SEPARATION - DISABILITY
IF THE EMPLOYEE’S CONDITION INDICATES THAT LWOP BEYOND THAT PERIOD IS NECESSARY INCIDENT TO FULL RECOVERY, THE POSTAL OFFICIAL MUST SUBMIT A COMPREHENSIVE REPORT TO THE AREA MANAGER OF HUMAN RESOURCES WITH A
SEPARATION - DISABILITY
RECOMMENDATION AND RETAIN THEEMPLOYEE ON THE ROLLS PENDINGA DECISION.
SEPARATION - DISABILITY
FOR INVOLUNTARY SEPARATION, THE NOTICE AND APPEALPROCEDURES OUTLINED IN THEAPPLICABLE COLLECTIVEBARGAINING AGREEMENT ISFOLLOWED.
SEPARATION - DISABILITY
NO EMPLOYEES WHO HAVE COMPLETED THEIR PROBATIONARY PERIOD ARE SEPARATED FOR DISABILITY UNTIL GIVEN A NOTICE IN WRITING OF THE PROPOSED ACTION AND AN OPPORTUNITY TO REPLY IN ACCORDANCE WITH APPROPRIATE ADVERSE ACTION PROCEDURES.
DISABILITY RETIREMENT
LONG TERM MEDICAL ISSUES● FOCUS ON END RESULT● PROVIDE ASSISTANCE TO EMPLOYEE
VIA HRSSC TO PROCESS APPLICATION
● CONTINUE TO ADDRESS ATTENDANCE ISSUES ON A REGULAR BASIS
● DISTRICT REASONABLE ACCOMMODATION REFERRAL
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 8CHARGE WRITING
FUNDAMENTALS OF ATTENDANCE CONTROL
CHARGE WRITING BASICS
CHARGE WRITING BASICS
DEFINITIONS● CHARGE – THE NATURE OF THE
WRONGDOING, DEFICIENCY, OR MISCONDUCT.
● SPECIFICATION – THE FACTUAL NARRATIVE DESCRIBING THE DETAILS OF THE WRONGDOING, DEFICIENCY OR MISCONDUCT.
CHARGE WRITING BASICS
● ELEMENT – A COMPONENT OR ESSENTIAL PART OF A CHARGE THAT MUST BE PROVED TO HAVE A CHARGE UPHELD.
CHARGE WRITING BASICS
PRIOR TO WRITING A CHARGE MAKE SURE YOUR INVESTIGATION WAS THOROUGH AND YOU HAVE THE EVIDENCE TO PROVE WHAT YOU WRITE.
CHARGE WRITING BASICS
MAKE SURE YOUR CHARGE IS CLEAR AND SPECIFIC.
CHARGE WRITING BASICS
CHARGE ONLY WHAT YOU CAN PROVE BY THE SPECIFIC EVIDENCE.
CHARGE WRITING BASICS
AVOID EXTENSIVE CITATIONS TO SPECIFIC STATUTES OR REGULATIONS.
CITE OF A LAW REQUIRES BEYOND A REASONABLE DOUBT LEVEL OF PROOF
CHARGE WRITING BASICS
AVOID THE TEMPTATION TO ADD ADJECTIVES (OR ADVERBS) SUCH AS WILLFUL, DELIBERATE, OR GROSS. YOU MAY THINK YOU KNOW WHAT’S IN SOMEONES’S MIND BUT YOU MUST PROVE IT TO A NEUTRAL PARTY.
CHARGE WRITING BASICS
REMEMBER, THE PURPOSE OF A CHARGE IS TO ADVISE THE EMPLOYEE OF WHAT IT IS HE/SHE IS BEING CHARGED WITH AND TO GIVE THAT INDIVIDUAL THE OPPORTUNITY TO DEFEND THEMSELVES.
CHARGE WRITING BASICS
EACH CHARGE SHOULD CONTAIN, AS APPROPRIATE, ALL OF THE FOLLOWING ELEMENTS:● A BRIEF STATEMENT OF THE SPECIFIC
CHARGE, OFFENSE, OR VIOLATION.
CHARGE WRITING BASICS
● THE FACTS ABOUT THE INCIDENT WHICH SUPPORT THE CHARGE, INCLUDING THE PARTICULAR OFFENSE OR DEFICIENCY CHARGED AGAINST THE EMPLOYEE
● THE AGGRAVATING FACTORS, IF ANY, THAT MAKE A PARTICULAR CHARGE A MORE SERIOUS VIOLATION.
CHARGE WRITING BASICS
AVOID MAKING MULTIPLE IDENTICAL CHARGES OUT OF THE SAME EVENT.
CHARGE WRITING BASICS
AVOID ATTACHING OLD OFFENSES TO A CURRENT SIMILAR OFFENSE.
AVOID JOINING TWO CHARGES INTO ONE BY USING “AND”. IF ONE HALF OF THE CHARGE IS NOT SUSTAINED, THE WHOLE CHARGE MAY FALL.
FUNDAMENTALS OF ATTENDANCE CONTROL
CATEGORIES OF CHARGES
CATEGORIES OF CHARGES
EMPLOYEE DEFICIENCIES FALL INTO ONE OF THREE CATEGORIES OF CHARGES:● UNSATISFACTORY PERFORMANCE● UNSATISFACTORY ATTENDANCE● IMPROPER CONDUCT
CATEGORIES OF CHARGES
UNSATISFACTORY ATTENDANCE EXAMPLES:● Failure to Maintain a Regular
Schedule/Absenteeism● Tardiness● AWOL
FUNDAMENTALS OF ATTENDANCE CONTROL
JUST DO IT!!!!