PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of

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

PATTY ROBERTS Human Resource Consultant Labor Relations Office of the General Counsel (850) 487 -9464/SC 277 -9464 patty. roberts@dms. myflorida. com

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

PRINCIPLES OF DISCIPLINE

What is Your Role as a Supervisor / Manager ? • Responsible Leader • Agency Representative • Coach and Counselor • Records Manager

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

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

What is DISCIPLINE? PUNISHMENT

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

Sources of Authority for Discipline: l Section 110. 227, F. S. l Chapter 60 L-36, F. A. C. , Conduct of Employees l Discipline Article of Each Collective Bargaining Agreement l Agency Policies and Procedures

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

Establishing Cause As stated in Section 110. 227(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. ” [ See 60 L-36. 005(3), F. A. C. for definitions ]

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

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

Documentation, Documentation…

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

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

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

Investigatory Interview Law Enforcement Bill of Rights Sections 112. 532 and 112. 533, F. S.

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

Investigatory 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

Investigatory Interview • 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

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

Review ØYour Role ØDisciplinary Standards ØState’s Philosophy and Authority ØEstablishing Cause ØDocumentation ØEmployee Rights

PRINCIPLES OF GRIEVANCE HANDLING

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

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

Types of Employee Grievances CAREER SERVICE

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 110. 227(4), F. S. ]

Exceptions Specified in Section 110. 227(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 ]

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

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.

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.

Public Employees Relations Commission PERC Appeal Procedure Section 110. 227(6), F. S.

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

Types of Employee Grievances COLLECTIVE BARGAINING

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

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

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

Processing a Collective Bargaining Grievance Time Limits in Calendar Days

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

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

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

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

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

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

Representation • 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

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

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

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

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

DMS WEBSITE [ Quick Links to Rules, Statutes, and Collective Bargaining Agreements ] www. dms. myflorida. com/dms 2/human_resource_ support/human_resource_management

DMS LABOR RELATIONS CONTACTS John Covington ………………… 850/487 -9460 • Federation of Physicians and Dentists (All Units) • Florida Nurses Association Richard Mc. Lellan ………………. . 850/488 -1280 • PBA (All Units) Patty Roberts …………. 850/487 -9464 • AFSCME Master Contract • Florida State Fire Service Association

PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services