Discipline for Misconduct - Postal SupervisorsTraining for Supervisors Discipline for Misconduct 10/2002 C - 3 C. “Rules” (cont’d) b. Corrective discipline # Discipline must

To arrange for this or any other Training for Supervisors course, or to ask about legal issues raised by the coursematerials, contact the Law Department Field Office that serves your office or facility. See the Law DepartmentField Office listings on our Web site at blue/uspslaw.

This publication is intended only for internal training purposes and as a general reference to be used in conjunction withtraining sessions conducted by the Law Department. It is not equivalent to an official handbook, manual, or policy statement,and may contain representations that are subject to interpretation and potential change in the law. All examples areintended as teaching exercises and not as representations of actual Postal Service events or practices.

L A W D E P A R T M E N Tuspslaw

Training forSupervisors

DisciplineforMisconduct

October 2002 Prepared by the Law DepartmentUnited States Postal Service

Visit the Law Department Web site at blue/uspslawfor course and reference materials, directory listings,publications, and more.

Training for SupervisorsDiscipline for Misconduct

CONTENTS

10/2002

A. Two general areas of discipline . . . . . . . . . . . . . . . . . . . . . . . A - 1

B. Goals of discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B - 1

C. “Rules” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C - 1

D. Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D - 1

E. Legal context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E - 1

F. Steps to take . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F - 1

G. Appeal avenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G - 1

H. Charge writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H - 1

I. Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I - 1

J. A few caveats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J - 1

K. Threats and fighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K - 1

L. Misconduct involving taking . . . . . . . . . . . . . . . . . . . . . . . . . . L - 1

M. Falsification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M - 1

N. Attendance-related misconduct . . . . . . . . . . . . . . . . . . . . . . . N - 1

O. Alcohol and drug-related misconduct . . . . . . . . . . . . . . . . . . O - 1

P. Insubordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P - 1


A - 110/2002

A. Twogeneral areas

of discipline

Misconduct

Failure to comply with workplace rules,standards of conduct

Performance

Performing the duties of the job


B - 110/2002

B. Goals ofdiscipline

# Employees who can be responsible shouldbe given the chance to correct behaviorthat interferes with postal mission.

# Those who cannot or will not do so shouldbe removed through means that withstandchallenge.

# Postal Service should not waste resourceson unhelpful paperwork and litigation.


C - 110/2002

C. “Rules” 1. No absolute rules for takingdiscipline; only guidelines

# There are no absolute rules for takingdiscipline, only guidelines for the exerciseof judgment.

# Evaluate each case on its own factsituation.

# Apply common sense and sound judgment.

+ If at all possible, prior to discipline, alwayscheck with available resources:

3 Labor Relations

3 Managers

+ The Law Department is available to consultwith Labor Relations and/or postalsupervisors as complex legal questionsarise.


C - 210/2002

C. “Rules”(cont’d)

2. Three near-absolute rules

a. Communicate expectations and jobrequirements to all employees.

b. Discipline must be corrective.

c. Be consistent both in communication anddiscipline.

a. Communication

# Assure employees understand what isexpected of them in terms of attendance,performance, and other job requirements

# Expectations should be specific

# How:

3 Orientation

3 Postings

3 Rules available

3 When rule or requirement is notfollowed, tell them

3 Direct your communication at theproblem, not the person


C - 310/2002

C. “Rules”(cont’d)

b. Corrective discipline

# Discipline must be corrective, not punitive.

# Discharge is not the first step unless thereis an extremely serious breach.

# Try to take the minimum action necessaryto correct the problem.

# Selecting penalties: more correction – lesslitigation

+ Where the employee maintains he or shecannot correct the problem because ofphysical or personal problems, considerother options, such as a referral to EAP orfitness for duty.

c. Consistency

# To the extent possible, treat employees insimilar situations similarly.

# To the extent the situation is different,different actions may be required. Tailordiscipline to the individual situation.


D - 110/2002

D.Performance

A few words about performance

# More complex to analyze

# Different causes

3 Lack of ability

3 Lack of knowledge

3 Organizational problems

3 Motivational problems

# Different causes – Different solutions

3 May vary by employee


E - 110/2002

E. Legalcontext

Be aware of legal context

What is needed to minimize the chances ofsomeone who has the ability to change theoutcome second-guessing your judgment

+ Remember:

# Postal Service will have to prove that thediscipline was warranted

# Credibility may be involved: Differentindividuals, different versions of "the truth"


F - 110/2002

F. Steps totake

# Notice, Now, Not later

3 The employee must be madecompletely aware of expectations forwork performance and behavior.

3 When the employee fails to meet thoseexpectations, he or she must beadvised right away.

3 Supervisors should not ignoreunsatisfactory performance ormisconduct.

# Consider nature of misconduct

3 What is the problem? How serious isit?

3 What are all of the options that mightcorrect the problem?

# Consider where employee can appeal


G - 110/2002

G. Appealavenues

# Means for contesting discipline# How you may get second-guessed

1. EEOC2. Collective bargaining agreement3. MSPB

1. EEOC (Equal Employment OpportunityCommission)# Treated differently because of:

3 race3 sex3 color3 religion3 age3 national origin3 disability that could have been

accommodated3 harassment on the basis of protected

status3 reprisal for pursuing an EEO

complaint

# Complaint filing procedures3 Contact EEO Counselor/Investigator3 Informal investigation3 Formal complaint and investigation3 Hearing and agency/EEOC decisions3 Right to de novo review in district

court

# Also raised in other forums


G - 210/2002

G. Appealavenues (cont’d)

2. Collective bargaining agreement

Grievance-arbitration process# Who: Bargaining unit employees# Notifying Papers: Article 16, Notice,

Decision# Appeal route: Article 15,

grievance-arbitration procedure# Standard for arbitrator: Postal Service must

prove "just cause"

Types of Discipline# Letters of warning# Suspension# Removal# Emergency placement# Indefinite suspension

Just Cause# Minimum disciplinary action you can take

to correct deficiency

+ Check:3 Was grievant afforded due process?3 Is the discipline corrective in nature?3 Is the penalty appropriate?


G - 310/2002


2. Collective bargaining agreement(cont’d)

Additional points regardingdiscipline covered by collectivebargaining agreement

# Review3 Suspension and removals of

bargaining unit employees must bereviewed and concurred in by theinstallation head or designee

3 Proposing and concurring officialcannot be same person

# Elements of past record3 Prior disciplinary actions more than

two years old must not be cited asprior elements of discipline, unlessthere has been subsequent disciplineinitiated against the employee duringthe two-year period. Article 16.

3 Don't cite discussions as elements ofpast record


G - 410/2002


3. Merit Systems Protection Board

Who:# Preference eligible# Employee with one year current continuous

service in:3 Supervisor or management position3 Position involving personnel work in

other than purely nonconfidentialclerical capacity

NOTE: Reprisal for military service underUSERRA

Notifying Papers:# Notice of Proposed Action (Suspension,

Reduction in Grade, Reduction in Pay,Removal)

# Letter of Decision

Appeal route:# MSPB Regional of Field office – Hearing# Two levels of review

3 Board3 Court of Appeals (Federal Circuit)

Standard for MSPB# Promotes the efficiency of the service# Penalty fits the circumstances


G - 510/2002


3. Merit Systems Protection Board (cont’d)

Types of discipline# Suspension, 14-days or more# Reduction in grade# Reduction in pay# Removal

Promotes the efficiency of theservice:# The grounds for the action relate either to

employee's failure to accomplish dutiessatisfactorily or to some other legitimategovernment interest

Nexus:# There must be a connection between any

misconduct and service efficiency.# Misconduct adversely affects:

3 employee's or co-workers' jobperformance, or

3 management's trust and confidence inemployee's job performance, or

3 agency's mission


G - 610/2002



Postal Service's burden of proof:Preponderance of the evidence# that degree of relevant evidence that a

reasonable person, considering the recordas a whole, would accept as sufficient tofind that a contested fact is more likely tobe true than untrue

+ One way of thinking of it: More than 50percent of the evidence.

Deciding the Penalty: Factors toconsider (Douglas Factors)Individualized inquiry is necessary in each case.

Douglas Factors (Board’s language, page G-8, 9):# Nature and seriousness of offense# Job level and type# Past discipline# Past work record/Length of service# Supervisor's confidence in employee's

ability to perform duties# Consistency of the penalty# Notoriety of the offense# Employee on notice about deficiencies in

question# Potential for rehabilitation# Mitigating circumstances# Alternative sanctions


G - 710/2002



Additional points regardingdiscipline subject to MSPB appeal: # Certain extremely egregious misconduct:

presumed nexus3 violence 3 crimes3 fraud; theft3 perhaps sexual misconduct

# Use the Douglas factors when you aremaking a penalty decision. See next pagefor Board's language.

# When you are assessing similar cases,focus on postal cases involving similarcircumstances.

+ Consult with Labor Relations to obtaininformation on what discipline has beenimplemented in similar cases.

CAVEAT: While managers should try to beconsistent:# One aberration does not change overall

policy.# Managers may change policy / practices

by clarifying that certain behavior will nolonger be tolerated.


G - 810/2002



Douglas Factors (Board language)1. The nature and seriousness of the offense,and its relation to the employee's duties,position, and responsibilities, including whetherthe offense was intentional or technical orinadvertent, or was committed maliciously orfor gain, or was frequently repeated.2. The employee's job level and type ofemployment, including supervisory or fiduciaryrole, contacts with the public, and prominenceof the position.3. The employee's past disciplinary record.4. The employee's past work record, includinglength of service, performance on the job,ability to get along with fellow workers, anddependability.5. The effect of the offense upon theemployee's ability to perform at a satisfactorylevel and its effect upon supervisors' confidencein the employee's ability to perform assignedduties.6. Consistency of the penalty with thoseimposed upon other employees for the same orsimilar offenses.


G - 910/2002



Douglas Factors (cont’d)7. Consistency of the penalty with anyapplicable agency table of penalties. [Notapplicable to Postal Service.]8. The notoriety of the offense or its impactupon the reputation of the agency.9. The clarity with which the employee was onnotice of any rules that were violated incommitting the offense, or had been warnedabout the conduct in question.10. Potential for the employee's rehabilitation.11. Mitigating circumstances surrounding theoffense such as unusual job tensions,personality problems, mental impairment,harassment, or bad faith, malice or provocationon the part of others involved in the matter.12. The adequacy and effectiveness ofalternative sanctions to deter such conduct inthe future by the employee or others.


H - 110/2002

H. Chargewriting

Parts of notice of proposed action:

# Charge – label# Specifications – story# Aggravating factors – Douglas factors# Past elements – prior record# Penalty, including mitigating factors# Nexus – how affects USPS

+ Charge = labelwhat the employee did wrong in plain English


H - 210/2002

H. Chargewriting (cont’d)

Avoid the following in writing charges:

# Compound charges3 Keep charge to single concept. If

charging two discrete things in onecharge, be sure both are provable.

3 Example: unauthorized use for otherthan official purposes

# Charging with crime/statutory violation3 Charge with the underlying

misconduct3 Don't charge with a crime unless the

conviction cannot be appealed andthere is no other way to get the sameresult.

3 Don't charge with a violation of TitleVII; instead, charge with a violation ofUSPS policy against sexualharassment.

# Citing regulation in charge# Stacking series of charges

3 Limit charges to those for whichsufficient evidence is available

# Attaching extremely minor charges tomajor charge

# Making multiple identical charges out ofsame wrongdoing

# Attaching old offenses to current similaroffense


H - 310/2002

H. Chargewriting (cont’d)

Specifications: Clear story of whathappened, in plain English

# Be precise.# Avoid adjectives, unless can be proved.# Say what you mean: e.g., punch, hit,

shove.# Avoid terms associated with legal

significance/burdens of proof (e.g., threat,assault).

Penalty: Aggravating and mitigatingfactors

# Consider Douglas factors as to penalty(aggravating and mitigating factors)

# Aggravating factors: Consequences ofaction; impact on organization

Past elements

# Only if they are a matter of record and theemployee had a prior opportunity todispute


I - 110/2002

I. Checklist 9 Have I taken all steps I can to investigatewhat happened?

9 Have I sought the advice of LaborRelations? A manager?

9 Have I gathered all the documentation Ineed to support the action?

9 Was the employee aware or should theemployee have been aware that theconduct was improper?

9 How can I prove the employee was awareor should have been aware that theconduct was improper?

9 Is the discipline corrective?9 What other disciplinary action could I

take and why is that disciplineinappropriate?

9 Have I considered where the employee canappeal?

9 Are there any EEO problems?9 Have I treated this employee the same as

I have treated similarly situatedemployees of a different race, sex, color,religion, age, and national origin?

9 Does the employee have a disability thatthe Postal Service needs to evaluate?


I - 210/2002

I. Checklist(cont’d)

9 Can the employee pursue thegrievance-arbitration process?

9 Is there just cause for the discipline?9 Did I afford the employee due process?

9 Can the employee pursue an MSPBappeal?

9 Do the grounds for the action relate tothe employee's failure to accomplishduties satisfactorily or to some otherlegitimate governmental interest? (Doesthe discipline promote the efficiency of theservice?)

9 Have I considered all relevant factors indeciding on the penalty?9 Nature, seriousness of offense9 Job level and type9 Past discipline9 Past work record / Length of service9 Supervisor's confidence in employee's

ability to perform duties9 Consistency of the penalty with others

in my area9 Notoriety of offense9 Employee on notice about deficiencies

in question9 Potential for rehabilitation9 Mitigating circumstances9 Alternative sanctions


I - 310/2002

I. Checklist(cont’d)

9 Does the charge state what the employeedid wrong in plain English?

9 Did Labor Relations draft or review thecharge?


J - 110/2002

J. A fewcaveats

Standards change:Always Check


K - 110/2002

K. Threatsand fighting

1. Guidelines for attacks or threats ofviolence# Remove perpetrator(s)

3 Emergency placement in nondutystatus or administrative leave

3 If two or more employees areinvolved, identity of perpetrator maynot be clear until after investigation

# Investigate: What happened3 Inspection Service or Management3 Obtain statements, if possible3 Where there are discrepancies,

investigate further to find verificationof statements

# Determine appropriate action


K - 210/2002


(cont’d)

2. Threats

Threat:3 A communicated intent 3 to inflict physical or other harm 3 on any person or on property, 3 presently or in the future.

+ Question: Would a reasonable personinterpret statement/action to be a threat?

Consider the following factors:3 speaker's intent3 listener's reaction3 listener's apprehension of harm3 nature of statements – any conditional

nature of threat3 attendant circumstances


K - 310/2002


(cont’d)

2. Threats (cont’d)

Listener's reaction andapprehension of harm# Does it indicate

3 fear?3 calling for assistance?3 attempting to leave area?3 reporting incident?

Nature of statements# Conditional nature of the threat?# Statement may constitute a threat even

though it is subject to a condition in themaker's control.

Consider:# Behavior preceding the threat# Words

# Actions# Stature of parties# Position of parties# Whether weapons were involved# Whether the incident caused disruption to

workroom floor# Evidence that the employee has made

hostile remarks in the past concerning thesame person


K - 410/2002


(cont’d)

3. Other violent conductCharge employee with what he actually did,e.g.:# Fighting while on duty# Physical altercation resulting in injury# Disorderly conduct# Striking another employee+ Avoid charging with assault and/or battery

unless you have proof of intent.

Assault# Any willful attempt or threat to inflict injury

upon the person of another, when coupledwith an apparent present ability to do so,and any intentional display of force such aswould give the victim reason to fear orexpect immediate bodily harm.


K - 510/2002


(cont’d)

3. Other violent conduct (cont’d)

Aggravating factors# Inflicting serious injury# Use of a weapon# Insubordination# Whether fighting with a supervisor or law

enforcement officer# Past record: Propensity for violence

Mitigating factors# Incidental / inadvertent# Response to excessive force/self-defense# Provocation


K - 610/2002


(cont’d)

3. Other violent conduct (cont’d)

Self-defense# Employee is entitled to defend self when it

would appear to a reasonable personunder similar circumstances that there isimmediate danger of bodily harm

+ May only use such force as appears to bereasonably necessary to resist attack

How to determine whether force isreasonably necessary# Amount of force exerted# Means or instrument used# Manner or method of applying force# Circumstances under which force was

applied


L - 110/2002

L. Misconductinvolving

taking

Postal context# Money# Credit cards# Mail# Postal equipment, supplies, and other

property, including other employees'property

Theft# Charge with "theft" or "stealing" only when

you can prove intent to permanentlydeprive the owner of possession and use ofproperty.

# Avoid "misappropriation" unless theft canbe proved. Board has suggested that"misappropriation" may be synonymouswith theft.


L - 210/2002


taking (cont’d)

If there is no intent to permanently deprive theowner of property, charge the employee withwhat he did:# Unauthorized possession of postal property# Improper use of postal property# Failure to use proper procedures for

receipt of postal property# Improper use of postal credit card# Improper handling of mail matter# Throwing away of mail# Removing uncancelled postage stamps

from package# Obstruction of mails# Unauthorized opening/tampering with mail


L - 310/2002


taking (cont’d)

Where employee claims to have taken itemsfrom "trash", ask:3 Were employees on notice not to take such

items, even undeliverable mail or itemsloose in mail?

3 Did employee reasonably believe he or shewas permitted to take item?C If you conclude no, what do you base

this on?C If you confirm yes, taking not

unauthorized.


L - 410/2002


taking (cont’d)

Taking of any mail or temporary use of anyfunds is improper!# Mailer has interest

3 Must get service it paid for.3 Property interest:

C If an employee takes a free samplenot intended for him or her, won'tbuy one; mailer loses profit

# Postal Service has business interest:3 Loss of mailer trust damages

competitive position3 Personal loan from the till deprives the

Postal Service of the use of funds;interest earnings help hold downpostal rates

+ REMINDER: When assessing penalty,consider all circumstances, including:

# Whether the employee had a positioninvolving control or custody over itemstaken: If so, violated trust.

# Employee's contrition# Any policies or practices of discipline for

similar takings


M - 110/2002

M.Falsification

# Knowingly supplying incorrect informationwith the intent to deceive the agency

# May be an affirmative incorrect statementor indirect (leaving blank)

Where falsification may arise:# Employment applications# Claims for compensation or reimbursement

3 Overtime3 Travel vouchers

# OWCP claims# Time-keeping and leave records# Misrepresentations in investigations

+ Falsity alone is not enough: must showintent.

# Intent to make a false statement may beinferred where reckless disregard for thetruth is established.

# Fact that an employee has no personalgain from a false statement in itself doesnot demonstrate no intent.

Postal Service need not show it actually reliedon statement.


M - 210/2002

M.Falsification

(cont’d)

Employee's denial of factual basis of charge ofmisconduct may not be used as a basis for afalsification charge.

But separate falsification charges areappropriate for:# false statement that goes beyond denial of

charge or facts supporting charge# false statements when an agency is

investigating misconduct prior to anycharges being brought

# false statements during investigations ofconduct of other employees

# falsifying documents to conceal othermisconduct


N - 110/2002

N.Attendance-

relatedmisconduct

Types of attendance-related misconduct# AWOL (absence without leave)# Leave abuse: Excessive leave;

Unsatisfactory attendance

General ruleDon't take adverse action based upon leavethat is approved.# Discipline may be warranted for

unscheduled leave – leave that is notrequested or approved in advance.

# Discipline for unscheduled but approvedleave only if:3 Leave is not requested in accordance

with leave-requesting procedures3 Employee is on notice that

unscheduled absences may result indiscipline

Leave-requesting procedures# Request and obtain approval in advance.# Emergency annual leave: Still

unscheduled; may be the subject ofdiscipline unless an emergency prohibitedthe employee from requesting leave inadvance.


N - 210/2002

N.Attendance-

relatedmisconduct

(cont’d)

NoticePut the employee on notice that unscheduledabsences, even if approved for pay purposes,are not acceptable, and are likely to lead todiscipline for continued infractions (ELM 511.4) # Mark box on Form 3971 (whether

requested in advance)# Inform the employee in discussions

+ Charge should be consistent with records:3 Annual Leave – ELM 5123 Sick Leave – ELM 5133 LWOP – ELM 5143 Absence without leave


N - 310/2002

N.Attendance-

relatedmisconduct

(cont’d)

AWOL# Employee is absent from the location to

which he or she is supposed to report# and

C Absence is not authorized orC Employee's request for leave was

properly denied

+ Employee must have some fault:Don't charge with AWOL if illnessprohibited the employee from complyingwith reporting or medical certificationrequirements.

# Back up with a charge of failure to followleave procedures, if there is any questionthat there may be evidence of a viablereason for sick leave; make certain denialis legitimate and appropriate

# If AWOL cannot be proved, charge withwhat you can prove:3 Failure to follow leave-requesting

procedures3 Failure to report as scheduled3 Failure to maintain a regular schedule3 Failure to be regular in attendance


N - 410/2002

N.Attendance-

relatedmisconduct

(cont’d)

PenaltyBe able to show impact on operations# Reduces productivity# Mail delivery delays# Disrupts schedules# Customer complaints# Increased costs (overtime)# Causes morale problems


N - 510/2002

N.Attendance-

relatedmisconduct

(cont’d)

Discipline not lawful if contrary to:# Rehabilitation Act# FMLA (Family Medical Leave Act)

Rehabilitation Act# Employee has disability that substantially

limits major life activity# Employee is qualified to do position with

or without reasonable accommodation# Employer has duty to provide requested

reasonable accommodation


N - 610/2002

N.Attendance-

relatedmisconduct

(cont’d)

FMLA# Provides eligible employees with up to 12

work weeks of leave for qualifying reasons# Restoration to equivalent position upon

returning to work# No discipline based upon properly certified

absence# Four conditions are covered:

3 Birth of son or daughter and careduring first year after birth

3 Placement with employee of son ordaughter for adoption or foster care

3 Serious health condition of employee'sspouse, son, daughter, or parentwhich requires the employee's care

3 Serious health condition of employeewhich renders him/her unable to work


N - 710/2002

N.Attendance-

relatedmisconduct

(cont’d)

FML is not a separate leavecategory.# Employee using FML is also on one of the

Postal Service's approved leave types:3 Annual3 Sick3 LWOP3 COP/OWCP

FMLA leave requesting procedures:# Fill out a PS 3971 and turn in to

supervisor.# Give a 30-day notice, or as soon as

practical when the need for leave is known.# Provide certification that allows PS to

determine whether request is for qualifyingreason.

# Provide information regarding anticipateddate of return to work.

# Employee has a reasonable period of noless than 15 days to respond to a requestfor documentation.


O - 110/2002

O. Alcoholand

drug-relatedmisconduct

# Discipline for:3 Alcohol / drug use on duty or on

postal premises3 Drug sale on duty or on postal

premises3 Misconduct occurring while under the

influence of alcohol/drugs3 Off-duty misconduct

# Where to be cautious:3 Drugs/drinking off-duty, off-premises

(nexus issue)3 Misconduct caused by alcoholism

(discrimination issue)

# Off-duty alcohol/drug misconduct – Factors indicating nexus: 3 Transaction initiated at work3 Telephone contacts while on postal

premises3 Existence of serious drug problem at

facility

# When evaluating appropriate penalty,consider:3 extent of drug use3 where drugs were used3 nature of job3 rehabilitation3 whether offense extends to possession,

use, distribution, and/or sale3 Postal Service's mission


O - 210/2002

O. Alcoholand

drug-relatedmisconduct

(cont’d)

Be aware: Alcoholism is adisability.# If Postal Service knows that individual is an

alcoholic:Must accord employee reasonableaccommodation under the Rehabilitation Act

# Not a protected disability:3 Isolated or casual use of drugs or

alcohol3 Current use of illegal drugs

# Postal Service may discipline an alcoholicemployee for misconduct related toalcoholism, as long as discipline isjustified and consistent with normalpractice for similar misconduct.

# Although the Postal Service is not requiredto delay or waive discipline until offeringemployee a firm choice betweenrehabilitation and further discipline, wemust assess any need for accommodationas soon as we are aware of it, not just afterdiscipline.


P - 110/2002

P.Insubordination

Insubordination =3 Willful and intentional3 refusal to obey3 an authorized order of a superior officer3 which the officer is entitled to have obeyed

# If it is not a willful refusal to obey, or theemployee ultimately does comply, chargewith actual misconduct:3 Disrespectful conduct3 Impermissible delay in performing

duty3 Failure to perform duty3 Failure to follow instructions

# If the employee believes the order isimproper, the employee must first obey theorder and then pursue a grievance (ELM666.5).

+ Only exceptions:3 where the employee would be placed

in a clearly dangerous situation if heor she complied (ELM 666.51)

3 when the employer's order isunconstitutional or illegal


P - 210/2002

P.Insubordination

(cont’d)

Caution: Make sure the charge ofinsubordination is not confused with:# inability to perform work# inability to follow unclear directives# attempt to comply but failure because of

unreasonable workload

Documents

Discipline for Misconduct - Postal SupervisorsTraining for Supervisors Discipline for Misconduct 10/2002 C - 3 C. “Rules” (cont’d) b. Corrective discipline # Discipline must