03/24/03 ARTICLE 16 DISCIPLINE PROCEDURE 1

OBJECTIVE Enable you to make wise contractual decisions 03/24/03 OBJECTIVE Enable you to make wise contractual decisions Provide you with the tools necessary for effective discipline Enable you to properly prepare and submit a request for disciplinary action form. 2

Resources ELM National Agreement Local Memorandum Of Understanding 03/24/03 Resources ELM National Agreement Local Memorandum Of Understanding Policies District & Plants SOPs Labor Relations Management Instructions APWU - JCIM NALC - JCAM NPMU - CIM 3

http://blue.usps.gov/lrinfo/ Forms EL 901 - (NALC) EL 902 - (NRLCA) EL 903 - (NPMHU)  EL 912 - (APWU)  ELM - PDF | text ASM - PDF | text Handbooks Management Instructions Postal Bulletins More References  References This is your blue page. Double click any contract or manual you need

03/24/03 16.1 Principles The principle set forth in Article 16, Section 1, that - Any discipline must be for “just cause” is one of the most important features of the National Agreement (and any collective bargaining agreement). This fundamental job security provision establishes a standard of fairness that must apply to any discipline or discharge of an employee. Simply put, the “just cause” provision forces management to come up with a fair and provable justification for the discipline it imposes on all employees. So, just cause is a powerful check on the “employment-at-will” nature of non-union workplaces, where an employee may be fired for no reason or for almost any reason at all. Someone read 9

Discipline Procedure NALC 03/24/03 Discipline Procedure NALC Section 1. Principles Section 2. Discussion Section 3. Letter of Warning Section 4. Suspensions of 14-Days or Less Section 5. Suspensions of More than 14-Days or Discharge Section 6. Indefinite Suspension – Crime Situation Section 7. Emergency Procedure Section 8. Review of Discipline Section 9. Veterans’ Preference Section 10. Employee Discipline Records 4

Discipline Procedure APWU 03/24/03 Discipline Procedure APWU Section 1. Principles Section 2. Discussion Section 3. Letter of Warning Section 4. Suspensions of 14 Days or Less Section 5. Suspensions of More than 14 Days or Discharge Section 6. Indefinite Suspension-Crime Situation Section 7. Emergency Procedure Section 8. Review of Discipline Section 9. Veterans’ Preference Section 10. Employee Discipline Records 5

Discipline Procedure NPMHU 03/24/03 Discipline Procedure NPMHU Section 16.1 Statement of Principle Section 16.2 Discussions Section 16.3 Letter of Warning Section 16.4. Suspensions of Less than 14-Days Section 16.5 Suspension of 14 or More Days or Discharge Section 16.6 Indefinite Suspension Crime Situation Section 16.7 Emergency Procedure Section 16.8 Review of Discipline Section 16.9 Veterans’ Preference Section 16.10 Employee Discipline Records 7

16.2 Discussions Does an employee have a right to a union steward during an Article 16.2 discussion? If the meeting is one where an employee is subject to an investigatory interview which the employee has a reasonable belief that the interview will result in discipline, the employee may request a steward under the Weingarten rule covered in Article 17. (JCIM Article 16, pg. 4) Referring to Weingarten rule. you do not need to give a shop steward, un less it is requested. And only if it may lead to discipline. I will read from the page, entitled Once the employee….

Determine Appropriate Corrective Action Article 16.3 – Letter of Warning Article 16.4 – Suspension of 14 Days or Less Article 16.5 – Suspension of more than 14 Days or Discharge Insufficient or defective charge Article 16 requires that management give an employee a written notice of charges when imposing a suspension or a discharge. Implicit in this requirement is that the notice of charges describe and explain the basis for the discipline with sufficient specificity that the employee understands the charges. Refer to your first handout IT IS A BRIEF DESCRIPTION OF ARTICLE 16 You have a letter number 2 in your package,

Elements of a Charge (Example) FAILURE TO FOLLOW INSTRUCTIONS - LOW Proper instructions were given to employee Employee failed to follow instructions No regard to element of intent Element #1 Date observed unsafe act/procedure. Element #2 What did the employee do wrong? Element #3 What was the employee's response? Element #4 What rule/regulation was violated and how was the employee made aware of the rule/regulation? Element #5 Resulting business-related consequences for not following the rule/regulation.

Charges Attendance or Performance? 03/24/03 Charges Attendance or Performance? Unauthorized O.T. / Penalty O.T. Irregular Attendance AWOL Unacceptable Conduct Unsafe Act Failure To Follow Instructions Unacceptable Work Performance Etc. . . . . . Charge Only What You Can Prove Be Specific Provide Evidence 8

Elements of Just Cause Was a thorough investigation completed? Was the severity reasonably related to the charge, in line with that usually administered and in line with the employee’s past record? Was the discipline corrective rather than punitive? Is there a rule? Is the rule reasonable? Is the rule equitably enforced? Was the discipline taken in a timely manner? YOU ARE PROVIDED WITH A HANDOUT WHICH DEFINS JUST CAUSE SOMEONE READ THESE RULES You also have a JUST CAUSE INTERVIEW HANDOUT TO USE WHEN A JUST CAUSE IS REQUIRED. We will utilize the JCIM, APWU Joint Contract Interpretation Manual, as it is well written. Please refer to Item 4 in your packet. Labeled Article 16 – Discipline Procedure Have someone read Just Cause Principle.- “ – Is there a rule “- Is the rule a Reasonable Rule & Is the Rule Consistently and Equitable Enforced- ? “ – Was a through Investigation Completed? – Was the severity of the discipline Reasonable Related to the Insfraction… “ –Corrective rather than punitive - Any questions on this part?

16.7 Emergency Procedure Article 16.7 lists examples of just cause such as, pilferage, intoxication, (use of drugs or alcohol) failure to observe safety rules. Does that mean that any of these charges automatically meet the just-cause standard? Even if a particular type of misconduct constitutes just cause for some discipline , management still must prove the behavior took place and that the degree of discipline imposed was corrective rather than punitive, and so forth. (JCIM Article 16, pg. 3) You should always, if possible, contact LR, for advise on Emergency Procedures. However, if it is not necessary, ASAP. I WILL JUST NOTE THAT SOME IMPORTANT RULES. 1. 16.5 IS FOR Rural carriers 2. Should only be done for a few days. 3. Written notice must be given, even after the fact. 4. Consequences for Veterans.

16.8 Review of Discipline Suspensions and removal of bargaining unit employees must be reviewed by and concurred with by the installation head or his /her designee. District Plants have SOPs, that this be done in writing for the record.

Discipline Request Package Complete and thorough investigation Review and Concurrence (not required for LOW) Info Enter on Duty Date Veteran Preference Job Title/Level Discipline Request Form - complete Pre-Disciplinary Interview notes - typewritten or legible Supporting Documentation Witness Statements 3971s/3972s Pictures

03/24/03 Summary Remember, it is management’s burden to prove the employee committed the offense and was aware of the rule or regulation. Good documentation is essential to all discipline. Be sure you have supporting documentation, including PS Forms 3971s and 3972s, Just-cause Notes, etc. Make sure your charge letter reflects the information on these documents. Gather witness statements when appropriate. Let go over the remainder of your handouts EMPLOYEE ABSENCE FLOW CHART NO CALL/NO SHOW WITH TEMPLATE REQUEISTING DISCIPLINARY ACTION SAMPLE 16.7 12