1. PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services HR Conference 2006
10/09/01
Overview
Purpose of this presentation:
To describe the composition of each of the Collective Bargaining Units;
To summarize the impact of FY collective bargaining negotiations on individual collective bargaining agreements for Career Service and Selected Exempt Service employees;
To identify issues for the upcoming FY collective bargaining negotiations; and
To describe the basics of contract administration.
We will brief you with more detailed information concerning revisions to the various collective bargaining agreements at the conclusion of the Legislative Session.

2. PATTY ROBERTS Human Resource Consultant Labor Relations
Office of the General Counsel
(850) /SC

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 the types of grievances and employees’ choice of remedy

4. PRINCIPLES OF DISCIPLINE
10/09/01
Overview
Purpose of this presentation:
To describe the composition of each of the Collective Bargaining Units;
To summarize the impact of FY collective bargaining negotiations on individual collective bargaining agreements for Career Service and Selected Exempt Service employees;
To identify issues for the upcoming FY collective bargaining negotiations; and
To describe the basics of contract administration.
We will brief you with more detailed information concerning revisions to the various collective bargaining agreements at the conclusion of the Legislative Session.

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... What he/she did wrong The rule or standard violated
...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. Sources of Authority for Discipline:
Section , F.S.
Chapter 60L-36, F.A.C., Conduct of Employees
Discipline Article of Each Collective Bargaining Agreement
Agency Policies and Procedures

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 (3), F.A.C. for definitions ]

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

14. Establishing Cause for Disciplinary 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 Counseling for 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…
Never make 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 and , 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
10/09/01
Overview
Purpose of this presentation:
To describe the composition of each of the Collective Bargaining Units;
To summarize the impact of FY collective bargaining negotiations on individual collective bargaining agreements for Career Service and Selected Exempt Service employees;
To identify issues for the upcoming FY collective bargaining negotiations; and
To describe the basics of contract administration.
We will brief you with more detailed information concerning revisions to the various collective bargaining agreements at the conclusion of the Legislative Session.

26. What Can Happen Even 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 promptly at the
LOWEST LEVEL OF SUPERVISION having the authority
to adjust the grievance

28. Types of Employee Grievances CAREER 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 (4), F.S. ]

30. Exceptions Specified in Section 110. 227(4), F. S
Exceptions Specified in Section (4), F.S. Claims of Discrimination Claims of Sexual Harassment [ Handled by Agency Internal Procedures ] Claims Related to Suspensions, Reductions in Pay, Demotions and Dismissals [ Handled through PERC Appeal or Collective Bargaining Grievance Process ]

31. Career Service Grievance Form Must Specify
Issue(s) giving rise to the grievance
Relief requested
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 (6), F.S.

35. Employees May Choose PERC Appeal or Collective Bargaining Grievance
Reduction in Pay
Demotion
Suspension
Dismissal

36. Types of Employee Grievances COLLECTIVE BARGAINING

37. Collective Bargaining Grievance Procedure
A dispute involving
the interpretation or application of the specific provisions
of the Agreement

38. Collective Bargaining Grievance Form Must Specify
Issue(s) giving rise to grievance
Specific Agreement Provision(s)
allegedly violated
Relief requested

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
GRIEVANT AGENCY
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
GRIEVANT AGENCY
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. to proceed to the next step
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
Document the 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 are binding 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 Have to Grieve or Appeal These Actions
What Choices Do Employees Have to 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

51. Can’t put your hands on your rules, statutes, collective bargaining agreements?

52. support/human_resource_management
DMS WEBSITE [ Quick Links to Rules, Statutes, and Collective Bargaining Agreements ]
support/human_resource_management

53. DMS LABOR RELATIONS CONTACTS
John Covington ………………… 850/
Federation of Physicians and Dentists (All Units)
Florida Nurses Association
Richard McLellan ……………….. 850/
PBA (All Units)
Patty Roberts ……………………. 850/
AFSCME Master Contract
Florida State Fire Service Association

54. PRINCIPLES OF DISCIPLINE AND GRIEVANCE HANDLING Department of Management Services
10/09/01
Overview
Purpose of this presentation:
To describe the composition of each of the Collective Bargaining Units;
To summarize the impact of FY collective bargaining negotiations on individual collective bargaining agreements for Career Service and Selected Exempt Service employees;
To identify issues for the upcoming FY collective bargaining negotiations; and
To describe the basics of contract administration.
We will brief you with more detailed information concerning revisions to the various collective bargaining agreements at the conclusion of the Legislative Session.