THE PITFALLS OF DISCIPLINE By Mike Bolasina Pitfalls

THE PITFALLS OF DISCIPLINE By Mike Bolasina

Pitfalls of Discipline • PITFALL NO. 1 • Not knowing the terms of your CBAs, civil service commission rules, and personnel policies governing: – Investigations – Discipline – Grievances

Pitfalls of Discipline • Pitfalls associated with not knowing: – Missing critical deadlines – Wrongly considering timed out disciplinary action – Skipping mandatory steps and processes • Make it required reading for all director and manager level employees

Pitfalls of Discipline • PITFALL NO. 2 • Choosing the wrong investigator – Inside or outside? – Police experience vs. HR experience? – Availability now to start and complete investigation? – Trained and experienced vs. incompetent?

Pitfalls of Discipline • Pitfalls associated with bad investigator choices: – Investigator (and investigation) discredited as • Biased • Incompetent and incomplete • Delayed and untimely – Reversal of disciplinary action – Lawsuits for harassment/retaliation

Pitfalls of Discipline • PITFALL NO. 3 • Missteps with Weingarten – Being a Weingarten “meanie” • Restricting union representation to accused employee only • Kneecapping union representative at investigative interview

Pitfalls of Discipline • Pitfalls associated with Weingarten violations – PERC ULP complaints • Note-PERC is composed of Weingarten “weenies” – Reversal of disciplinary action – Distraction from employee misconduct at grievance hearing – Strained relationship with unions

Pitfalls of Discipline • PITFALL NO. 4 –Missteps with Loudermill • • • Treating it as an investigative interview Making it about you rather than the employee Preventing union reps from attending/speaking Making up mind before Loudermill Skipping Loudermill on mistaken belief it is not required Adding violations for the first time at the Loudermill stage

Pitfalls of Discipline • Pitfalls associated with Loudermill violations – Lawsuits for 14 th amendment violations – Distraction from employee misconduct at grievance hearing – Ignorance regarding employee’s and union’s positions at time of grievance hearing

Pitfalls of Discipline • PITFALL NO. 5 • Making disciplinary decisions in a vacuum – Not using available resources to inform yourself about the strengths and weaknesses of a decision • Not reviewing the investigation and discipline files • Deferring to the recommendations of investigators or department directors • Not consulting with HR and legal

Pitfalls of Discipline • Pitfalls associated with deferential decision-making – Reversal of discipline as overly harsh – Disclosure of weaknesses is delayed until the arbitration hearing – Weak or ineffective arbitration testimony

Pitfalls of Discipline • PITFALL NO. 6 • Not paying sufficient attention to comparators – Not considering, before imposing discipline, other employees who have (or have not) been disciplined for similar violations – Not articulating why this employee deserves harsher discipline than potential comparators

Pitfalls of Discipline • Pitfalls associated with neglect of comparator data – Reversal of discipline as too harsh – Discrimination and retaliation lawsuits

Pitfalls of Discipline • PITFALL NO. 7 • Agreeing to (or not striking) pro-union arbitrators – Whether discipline is affirmed or reversed often depends on the arbitrator and his/her background, experience, biases, and leanings – Do not agree to arbitrators without researching who is a good or bad arbitrator to hear the grievance

Pitfalls of Discipline • Pitfalls associates with Mr. or Ms. Wrong as arbitrator – Reversal of discipline – The expense and humiliation associated with losing

Pitfalls of Discipline • PITFALL NO. 8 – Not pursuing settlement on weak or risky matters

Pitfalls of Discipline • Pitfalls associated with taking weak or risky cases to arbitration or trial – Undue stress and anxiety to parties and witnesses – Back pay awards and other damages – Attorney’s fees

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