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

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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 [email protected] This Presentation Will Help You:.

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patty roberts human resource consultant labor relations

PATTY ROBERTSHuman Resource ConsultantLabor Relations

Office of the General Counsel

(850) 487-9464/SC 277-9464

[email protected]

this presentation will help you
This Presentation Will Help You:
  • Understand the role discipline plays in good HR management
  • Understand the requirements which apply to Career Service employees when disciplinary actions are taken
  • Avoid potential problems when disciplinary actions are contemplated
  • Understand thetypes of grievancesand employees’ choice of remedy
what is your role as a supervisor manager
What is Your Role as a Supervisor / Manager ?
  • Responsible Leader
  • Agency Representative
  • Coach and Counselor
  • Records Manager
the supervisor s responsibilities
The Supervisor’s Responsibilities
  • Understanding statutes, rules and policies
  • Exhibiting positive leadership characteristics
  • Articulating expected conduct and performance
disciplinary standards
Disciplinary Standards
  • All employees shall have reasonable access to the agency’s personnel manual/disciplinary policies
  • Receipt of standards documented by employee’s signature
  • Standards consistently applied
discipline is
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
Section 110.227, F.S.

Chapter 60L-36, F.A.C., Conduct of Employees

Discipline Article of Each Collective Bargaining Agreement

Agency Policies and Procedures

Sources of Authorityfor Discipline:
state of florida s philosophy
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
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 60L-36.005(3), F.A.C. for definitions ]

establishing cause13
Establishing Cause
  • Notice
  • Proof of Misconduct
  • Past Practice
  • Appropriateness of Discipline
  • Timeliness
  • Employee Rights
establishing cause for disciplinary actions

Establishing Cause forDisciplinary Actions

The burden of proof

is on

MANAGEMENT

checklist before taking action
Checklist Before Taking Action
  • Statutes, Rules, Agency Standards
  • Collective Bargaining Agreements
  • Law Enforcement Bill of Rights
  • Employee Record
  • Evidence
  • Past Practice
  • Mitigating Circumstances
when counseling for minor violations
When Counselingfor Minor Violations
  • Be specific as to expectations, consequences
  • Maintain privacy
  • Be objective
  • Be professional and respectful
  • Listen to the employee
when issuing disciplinary actions
When Issuing Disciplinary Actions…

Nevermake apologies for taking action or

blame higher level management for making the decision to do so

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Investigatory Interview

Law Enforcement

Bill of Rights

Sections 112.532 and 112.533, F.S.

investigatory interview
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 interview21
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 interview22
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 interview23
Investigatory Interview
  • Employee under investigation advised in writing of results of the investigation at its conclusion
review
Review
  • Your Role
  • Disciplinary Standards
  • State’s Philosophy and Authority
  • Establishing Cause
  • Documentation
  • Employee Rights
what can happen even if you do everything right
What Can HappenEven If You Do Everything Right ?
  • Career Service Grievance
  • PERC Appeal
  • Collective Bargaining Grievance
  • Equal Employment Opportunity Commission (EEOC) Complaint
  • Florida Commission on Human Relations (FCHR) Complaint
resolution of grievances
Resolution of Grievances

Handle promptlyat the

LOWEST LEVEL OF SUPERVISIONhaving the authority

to adjust the grievance

slide29

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. ]

slide30

Exceptions Specified inSection 110.227(4), F.S.Claims of DiscriminationClaims of Sexual Harassment[ Handled by Agency Internal Procedures ]Claims Related to Suspensions,Reductions in Pay, Demotionsand Dismissals[ Handled through PERC Appeal or Collective Bargaining Grievance Process ]

career service grievance form must specify
Career ServiceGrievance FormMust Specify
  • Issue(s) giving rise to the grievance
  • Reliefrequested

Must be an issue and remedy that is within the agency head’s control

career service grievance procedure
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 procedure33
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.

slide34
Public Employees Relations Commission

PERC Appeal

Procedure

Section 110.227(6), F.S.

employees may choose perc appeal or collective bargaining grievance
Employees May Choose PERC Appeal orCollective Bargaining Grievance
  • Reduction in Pay
  • Demotion
  • Suspension
  • Dismissal
collective bargaining grievance procedure
Collective BargainingGrievance Procedure

A dispute involving

the interpretation or application of thespecific provisions

of the Agreement

collective bargaining grievance form must specify
Collective Bargaining Grievance FormMust Specify
  • Issue(s) giving rise to grievance
  • Specific Agreement Provision(s)

allegedly violated

  • Reliefrequested
collective bargaining grievance process
Collective Bargaining Grievance Process
  • 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
slide41

Collective Bargaining Grievance Procedure

GRIEVANTAGENCY

Occurrence of the Event

14 Calendar Days for Grievant to File

14 Calendar Days to Respond to Grievant

Oral Step

14 Calendar Days for Grievant to File

14 Calendar Days to Respond to Grievant

Step 1

14 Calendar Days for Grievant to File

21 Calendar Days to Respond to Grievant

Step 2

14 Calendar Days for Grievant to File

21 Calendar Days to Respond to Grievant

Step 3

slide42

Law Enforcement Grievance Procedure

GRIEVANTAGENCY

Occurrence of the Event

14 Calendar Days for Grievant to File

Step 1

14 Calendar Days to Respond to Grievant

14 Calendar Days for Grievant to File

14 Calendar Days to Respond to Grievant

Step 2

14 Calendar Days for Grievant to File

Step 3

Arbitration

to enforce time limits
To Enforce Time Limits

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

time limits
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
The Written Response
  • Identify the alleged violation(s) and issue(s)
  • Identify the requested relief
  • State the background and relevant facts
  • Address all articles/provisions allegedly violated
  • Identify and address each union issue
  • Identify management’s issues, e.g., timeliness
  • State management’s decision
slide46

The Written Response

Documentthe date and time

the Grievant or Union

RECEIVES the

agency response

representation
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 arebinding on Grievant
basic principles to remember
Basic Principles to Remember
  • Review grievance for timeliness, watch timeframes for responding
  • If no meeting conducted with Union, document date of discussion by phone
  • Review previous decisions, no new issues
  • Accuracy and specificity essential
settlement of grievances

Settlement of Grievances

When management

and the Union mutually

agree to modify the

terms of the original

action taken

slide50

What Choices Do Employees Haveto 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

dms website quick links to rules statutes and collective bargaining agreements

DMS WEBSITE[ Quick Links to Rules, Statutes, andCollective Bargaining Agreements ]

www.dms.myflorida.com/dms2/human_resource_

support/human_resource_management

dms labor relations contacts

DMS LABOR RELATIONS CONTACTS

John Covington ………………… 850/487-9460

Federation of Physicians and Dentists (All Units)

Florida Nurses Association

Richard McLellan ……………….. 850/488-1280

PBA (All Units)

Patty Roberts ……………………. 850/487-9464

AFSCME Master Contract

Florida State Fire Service Association

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