BAY-VALLEY DISTRICT LABOR RELATIONS ARTICLE 16 DISCIPLINE PROCEDURE

BAY-VALLEY DISTRICT LABOR RELATIONSBAY-VALLEY DISTRICT LABOR RELATIONS

ARTICLE 16ARTICLE 16

DISCIPLINE PROCEDUREDISCIPLINE PROCEDURE


Resources Resources • ELM• National Agreement• Local Memorandum

Of Understanding• Policies

District & Plants• SOPs

District & Plants

• Labor Relations• Management Instructions• APWU - JCIM• NALC - JCAM• NPMU - CIM


http://blue.usps.gov/lrinfo/

ReferencesReferences •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


16.1 Principles16.1 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.


Discipline ProcedureDiscipline ProcedureNALCNALC

• 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


Discipline ProcedureDiscipline ProcedureAPWUAPWU

• 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


Discipline ProcedureDiscipline ProcedureNPMHUNPMHU

• 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


16.2 Discussions16.2 Discussions

Does an employee have a right to a union steward during an Article 16.2 discussion?


Insufficient or defective chargeInsufficient 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.

Determine Appropriate Corrective ActionDetermine Appropriate Corrective Action

Article 16.3 – Letter of WarningArticle 16.3 – Letter of WarningArticle 16.4 – Suspension of 14 Days or LessArticle 16.4 – Suspension of 14 Days or LessArticle 16.5 – Suspension of more than 14 Days Article 16.5 – Suspension of more than 14 Days

or Dischargeor Discharge


Elements of a ChargeElements of a Charge(Example)(Example)

FAILURE TO FOLLOW INSTRUCTIONS - LOW Proper instructions were given to employee Employee failed to follow instructions No regard to element of intentElement #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.


ChargesChargesAttendance or Performance?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


ElementsElements of of JustJust Cause Cause• Is there a rule?

• Is the rule reasonable?

• Is the rule equitably enforced?

• Was the discipline taken in a timely manner?

• 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?


• 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?

16.7 16.7 Emergency ProcedureEmergency Procedure


16.8 Review of Discipline16.8 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 PackageDiscipline Request Package

Discipline Request Form - complete

Pre-Disciplinary Interview notes - typewritten or legible

Supporting Documentation Witness Statements 3971s/3972s Pictures

Complete and thorough investigation

Review and Concurrence(not required for LOW)

Info• Enter on Duty Date• Veteran Preference• Job Title/Level


SummarySummary • 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.

Documents

BAY-VALLEY DISTRICT LABOR RELATIONS ARTICLE 16 DISCIPLINE PROCEDURE