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

1. PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLINGDepartment of Management ServicesHR Conference 2006

2. PATTY ROBERTSHuman Resource ConsultantLabor Relations Office of the General Counsel (850) 487-9464/SC 277-9464 patty.roberts@dms.myflorida.com

3. 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

4. PRINCIPLES OF DISCIPLINE

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

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

7. 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

8. What is DISCIPLINE? PUNISHMENT

9. 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

10. 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:

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

12. 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 ]

13. Establishing Cause • Notice • Proof of Misconduct • Past Practice • Appropriateness of Discipline • Timeliness • Employee Rights

14. Establishing Cause forDisciplinary Actions The burden of proof is on MANAGEMENT

15. Documentation,Documentation, Documentation…

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

17. When Counselingfor Minor Violations • Be specific as to expectations, consequences • Maintain privacy • Be objective • Be professional and respectful • Listen to the employee

18. When Issuing Disciplinary Actions… Nevermake apologies for taking action or blame higher level management for making the decision to do so

19. Investigatory Interview Law Enforcement Bill of Rights Sections 112.532 and 112.533, F.S.

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

21. 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

22. 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

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

24. Review • Your Role • Disciplinary Standards • State’s Philosophy and Authority • Establishing Cause • Documentation • Employee Rights

25. PRINCIPLES OF GRIEVANCE HANDLING

26. 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

27. Resolution of Grievances Handle promptlyat the LOWEST LEVEL OF SUPERVISIONhaving the authority to adjust the grievance

28. Types of Employee GrievancesCAREER SERVICE

29. 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. ]

30. 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 ]

31. 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

32. 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.

33. 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.

34. Public Employees Relations Commission PERC Appeal Procedure Section 110.227(6), F.S.

35. Employees May Choose PERC Appeal orCollective Bargaining Grievance • Reduction in Pay • Demotion • Suspension • Dismissal

36. Types of Employee GrievancesCOLLECTIVE BARGAINING

37. Collective BargainingGrievance Procedure A dispute involving the interpretation or application of thespecific provisions of the Agreement

38. Collective Bargaining Grievance FormMust Specify • Issue(s) giving rise to grievance • Specific Agreement Provision(s) allegedly violated • Reliefrequested

39. 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

40. Processing a Collective Bargaining Grievance Time Limits in Calendar Days

41. 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

42. 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

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

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

45. 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

46. The Written Response Documentthe date and time the Grievant or Union RECEIVES the agency response

47. 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

48. 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

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

50. 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