1. THE PITFALLS OF DISCIPLINE By Mike Bolasina

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

3. 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

4. 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?

5. 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

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. 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

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

14. 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

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

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

17. 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

18. Thank You