FUNDAMENTALS OF ATTENDANCE CONTROL. BACK TO THE BASICS

FUNDAMENTALS OF ATTENDANCE CONTROL


BACK TO THE BASICS


MODULE 1TYPES OF LEAVE


SLALLWOPAWOLFMLA


UNION REPRESENTATIONPOSTAL POLICIESLONG TERM LEAVE ISSUESFAMILY REQUIREMENTSTOO MUCH WORKERMSLR ASSISTANCE


WHAT CAN I DO?


ESTABLISH AN EXPECTATION

ESTABLISH A EXPECTATION

HOW?● FOLLOW POSTAL POLICY● PUT IT IN YOUR OWN WORDS NOT ELM

CITES● COMPLY WITH THE CONTRACTS AND

LAW● CLEAR WITH YOUR MANAGER● INFORM THE UNION & STEWARD(S)● COMMUNICATE THE EXPECTATION TO

YOUR EMPLOYEES


COMMUNICATE THE EXPECTATION

COMMUNICATE THE EXPECTATION

COMMUNICATE● STAND UP TALKS TO GROUPS● TALK TO INDIVIDUAL EMPLOYEE ● CLEAR AND CONSISTENT POLICY● USE A “BAG OF TRICKS”● FOCUS ON LONG-TERM SOLUTION● NIKE MOTTO “JUST DO IT”


ENFORCE THE EXPECTATION


ENFORCE THE EXPECTATION● HOW?● WHY?● WHEN?


HOW?● COMMUNICATION● CLEAR AND CONSISTENT● VERBAL AT FIRST● FACE TO FACE● IN PRIVATE● GO TO THE NEXT STEP


WHY?● NO ENFORCEMENT = NO

EXPECTATION● FAIR TO ALL EMPLOYEES● 65% MOTIVATED/ 9% NON-MOTIVATED/

26% NOT DECIDED


WHEN?● WHEN EMPLOYEES ENTER YOUR

WORK LOCATION NEW EMPLOYEE

NEW BID ASSIGNMENT TRANSFER/REASSIGNMENT

● UPON RETURN FROM EVERY UNSCHEDULED ABSENCE

● ONCE EACH QUARTER


JANICE SMITH IS A CLERK WHO HAS WORKED FOR YOU FOR THREE YEARS. SHE HAS AN ATTENDANCE RECORD WHICH MEETS YOUR STANDARD. YESTERDAY SHE CALLED IN SICK IN CONJUNCTION WITH HER NON SCHEDULED DAY.

WHAT WILL YOU DO UPON HER RETURN TO DUTY?


SAM JONES IS A MAILHANDLER WHO RECENTLY BID INTO YOUR WORK LOCATION. HE HAS FOUR YEARS OF SERVICE. YOU HAVE REVIEWED HIS 3972 AND FIND THAT IT DOES NOT MEET YOUR ATTENDANCE STANDARD.

WHAT WILL YOU DO?


JANICE SMITH IS A NEWLY HIRED CLERK. SHE HAS REPORTED TO YOU AFTER HER ORIENTATION ON THE THIRD DAY OF HER EMPLOYMENT.

WHAT WILL YOU SAY TO HER CONCERNING YOUR ATTENDANCE STANDARD?


SAM JONES IS A MAILHANDLER WHO WAS RECENTLY EXCESSED INTO YOUR WORK LOCATION. HE PREVIOUSLY WAS A DCO AT A REMOTE ENCODING CENTER.

WHAT WILL YOU DISCUSS WITH HIM ON HIS FIRST DAY IN YOUR UNIT?

WHAT WILL YOU DO BEFORE YOUR DISCUSSION?


MODULE 2DEFINITIONS


REGULAR IN ATTENDANCE● WHAT IS IT?● WHAT DOES IT MEAN?● HOW DO I USE IT?● DO I SET THE STANDARD BY

EXAMPLE?

REGULAR IN ATTENDANCE

COME TO WORK WHEN SCHEDULED

COME TO WORK ON-TIMEBE READY TO START AT CLOCK IN


WHAT DOES IT MEAN?● PERFECT ATTENDANCE● SICK LEAVE IS INSURANCE● BE FAIR


HOW DO I USE IT?● COMMUNICATE THE EXPECTATION● BE FAIR● BE CONSISTENT● NO DISCRIMINATION● ADDRESS EACH INSTANCE BASED ON

EMPLOYEE’S RECORD● BE PROFESSIONAL


DO I SET THE STANDARD BY MY EXAMPLE?● EMPLOYEES WATCH WHAT WE DO● EXCEED YOUR STANDARD FOR

EMPLOYEES


DISCUSSION VS PRE-DISCIPLINARY INTERVIEW

DISCUSSION VS. PDI

DISCUSSIONS AND PRE-DISCIPLINARY INTERVIEWS (PDI) HAVE TWO DISTINCT MEANINGS.

DISCUSSIONS

DISCUSSIONS ARE HELD FOR MINOROFFENSES IN ATTEMPT TO CORRECTTHE BEHAVIOR. SUCH DISCUSSIONSARE NOT CONSIDERED DISCIPLINE.

DISCUSSIONS

THE DISCUSSION IS NOT AN INVESTIGATION AND IS NOTDISCIPLINE BUT RATHER PUTS ANEMPLOYEE ON WARNINGCONCERNING THEIR BEHAVIOR.

DISCUSSIONS

BE POSITIVE BE PREPARED KEEP IT SHORT COVER ALL ISSUES GET FEEDBACK FROM EMPLOYEE TRY FOR EMPLOYEE BUY IN OFFER ASSISTANCE IF YOU BELIEVE IT

IS NECESSARY

PRE-DISCIPLINARY INTERVIEW (PDI)

PRE-DISCIPLINARY INTERVIEW (PDI) MUST TAKE PLACE PRIOR TO THE ISSUANCE OF ANY DISCIPLINARY ACTION.

THE PDI IS THE EMPLOYEE’S OPPORTUNITY TO GIVE THEIR SIDE OF THE STORY.


THE EMPLOYEE MUST BE INFORMED THAT THE PDI MAY LEAD TO DISCIPLINE.


IF AN EMPLOYEE REQUESTS UNION REPRESENTATION THEIR REQUEST CANNOT BE DENIED.


IT MUST BE REMEMBERED, HOWEVER, THAT THE RIGHT TO A STEWARD IS THE EMPLOYEE’S RIGHT AND NOT THE UNION’S. THUS, TO BE ACTIVATED, THE EMPLOYEE MUST REQUEST THE PRESENCE OF A UNION REPRESENTATIVE


THE UNION CANNOT EXERCISE THESE RIGHTS ON THE EMPLOYEE’S BEHALF. ADDITIONALLY, MANAGEMENT IS NOT REQUIRED TO INFORM AN EMPLOYEE OF HIS/HER RIGHTS.


DURING A PDI, THE EMPLOYEE HAS THE RIGHT TO THE STEWARD’S ASSISTANCE; THE STEWARD IS NOT REQUIRED TO BE A SILENT WITNESS.

LISTEN AND NOTE WHAT EMPLOYEE STATES

AFTER PDI, CONSIDER EMPLOYEE INPUT BEFORE MAKING A DECISION


THE PDI IS A PART OF YOURINVESTIGATION


EXERCISE NUMBER 1DISCUSSION


Janice Smith is a clerk with 7 years of service. Her attendance has been generally good until recently. In the past 6 weeks she has used 8 hours of unscheduled SL on one day. She has used 8 hours EAL. She has been .50 late and .75 late on two separate occasions. You are her supervisor.

What will you do?


Sam Jones is a mailhandler with 4 years of service. During his quarterly review you discussed his constant tardy behavior, at least one per week. Now 2 weeks later he is again 15 minutes late reporting for work.

What will you do?


MODULE 3JUST CAUSE

JUST CAUSE

ARTICLE 16 OF THE NATIONAL AGREEMENT STATES THAT “NO EMPLOYEE MAY BE DISCIPLINED OR DISCHARGED EXCEPT FOR JUST CAUSE SUCH AS, BUT NOT LIMITED TO,

JUST CAUSE

INSUBORDINATION, PILFERAGE, INTOXICATION, INCOMPETENCE,FAILURE TO PERFORM WORK ASREQUESTED, VIOLATION OF THETERMS OF THIS AGREEMENT, ORFAILURE TO OBSERVE SAFETYRULES AND REGULATIONS”.

JUST CAUSE

ALTHOUGH CITING SOME EXAMPLES, THE CONTRACT DOES NOT CLEARLY DEFINE JUST CAUSE.

JUST CAUSE

TO HELP DETERMINE IF JUST CAUSE EXISTS WE USE THE “TEST OF JUST CAUSE” STANDARD.

JUST CAUSE

A “NO” ANSWER TO ANY OF THESEQUESTIONS INDICATES THAT THEREWAS NOT PROPER CAUSE FOR THEDISCIPLINARY ACTION TAKEN.

JUST CAUSE

IS THERE A EXPECTATION?● IF SO, WAS THE EMPLOYEE AWARE

OF THE EXPECTATION? WAS THE EMPLOYEE FOREWARNED OF THE DISCIPLINARY CONSEQUENCE FOR FAILURE TO FOLLOW THE EXPECTATION?

JUST CAUSE

IS THE EXPECTATION REASONABLE?● WAS THE EMPLOYER’S EXPECTATION

OR MANAGERIAL ORDER REASONABLY RELATED TO THE ORDERLY, EFFICIENT AND SAFE OPERATION OF THE COMPANY’S BUSINESS?

JUST CAUSE

WAS A THOROUGH INVESTIGATION COMPLETED?● DID THE EMPLOYER, BEFORE

ADMINISTRATING DISCIPLINE, MAKE AN EFFORT TO DISCOVER WHETHER THE EMPLOYEE VIOLATED OR DISOBEYED A EXPECTATION OR ORDER OF MANAGEMENT?

JUST CAUSE

● WAS THIS INVESTIGATION CONDUCTED FAIRLY AND OBJECTIVELY?

JUST CAUSE

● HAS THE EMPLOYER APPLIED ITS EXPECTATIONS, ORDERS, AND PENALTIES EVENHANDEDLY, AND WITHOUT DISCRIMINATION TO ALL EMPLOYEES?

JUST CAUSE

IS THE EXPECTATION CONSISTENTLY APPLIED?● DURING THE INVESTIGATION, DID THE

EMPLOYER OBTAIN SUBSTANTIAL EVIDENCE OR PROOF THAT THE EMPLOYEE COMMITTED THE INFRACTION.

JUST CAUSE

WAS THE SEVERITY OF THE DISCIPLINE REASONABLY RELATED TO THE INFRACTION ITSELF AND IN LINE WITH WHAT IS USUALLY ADMINISTERED, AS WELL AS TO THE SERIOUSNESS OF THE EMPLOYEE’S PAST RECORD?

JUST CAUSE

● WAS THE DEGREE OF DISCIPLINE ADMINISTERED BY THE EMPLOYER REASONABLY RELATED TO: THE SERIOUSNESS OF THE PROVEN

OFFENSE AND THE RECORD OF THE EMPLOYEE’S

SERVICE?

JUST CAUSE

WAS THE DISCIPLINARY ACTION TAKEN IN A TIMELY MANNER?● DISCIPLINARY ACTIONS SHOULD BE

TAKEN AS PROMPTLY AS POSSIBLE AFTER THE OFFENSE HAS BEEN COMMITTED.


EXERCISE NUMBER 2PRE-DISCIPLINARY INTERVIEW


Janice Smith has had a discussion concerning her attendance. Since the discussion four weeks ago, she has been tardy once each week for two weeks. She called in unscheduled SL this week.

What do you propose for Janice as her supervisor?


Sam Jones had a discussion concerning his attendance three weeks ago. Yesterday he called in for EAL.

As his supervisor what will you do?


MODULE 4DUE PROCESS

DUE PROCESS

THE ESSENTIAL REQUIREMENTS OF DUE PROCESS ARE NOTICE AND AN OPPORTUNITY TO RESPOND. THE OPPORTUNITY TO PRESENT REASONS, EITHER IN PERSON OR IN WRITING IS A FUNDAMENTAL DUE PROCESS REQUIREMENT.

DUE PROCESS

…THE EMPLOYEE IS ENTITLED TO NOTICE OF THE CHARGES AGAINST HIM, AN EXPLANATION OF THE EMPLOYER’S EVIDENCE, AND AN OPPORTUNITY TO PRESENT HIS SIDE OF THE STORY.

DUE PROCESS

FOR POSTAL BARGAINING UNIT EMPLOYEES THIS INCLUDES A WRITTEN NOTICE OF CHARGES AND THE RIGHT TO FILE A GRIEVANCE.

DUE PROCESS

THE EMPLOYEE MUST BE GIVEN THE APPROPRIATE CONTRACTUAL NOTICE PERIOD AND THE APPROPRIATE GRIEVANCE RIGHTS IN EFFECT AT THE TIME OF ISSUANCE.


REVIEW AND CONCURRENCE

REVIEW AND C0NCURRENCE

THE NATIONAL AGREEMENTS FOR THE FOUR MAJOR UNIONS REQUIRE THAT ALL SUSPENSIONS AND DISCHARGES MUST BE REVIEWED AND CONCURRED.


THE APWU AND NALC AGREEMENT REQUIRES THE REVIEW AND CONCURRENCE BE COMPLETED BY THE INSTALLATION HEAD OR DESIGNEE. WRITTEN CONCURRENCE IS NOT REQUIRED.


THE NPMHU AGREEMENT REQUIRES THE SUSPENSION OR DISCHARGE BE REVIEWED AND CONCURRED BY THE INSTALLATION HEAD OR DESIGNEE. SIGNED AND DATED WRITTEN CONCURRENCE IS REQUIRED.


THE RURAL AGREEMENT REQUIRES THAT SUSPENSIONS OR DISCHARGES BE REVIEWED AND CONCURRED BY A HIGHER AUTHORITY. THIS CONCURRENCE MUST BE IN WRITING.


ON DECEMBER 3, 2002, A NATIONAL ARBITRATION AWARD BY ARBITRATOR DANA EISCHEN DEALT WITH THE ISSUE OF REVIEW AND CONCURRENCE OF DISCIPLINE UNDER THE RURAL LETTER CARRIER AGREEMENT.


THE ARBITRATOR DECIDED IN FAVOR OF THE UNION AND ESTABLISHED GUIDELINES FOR THE REVIEW AND CONCURRENCE OF DISCIPLINE FOR RURAL LETTER CARRIERS.


THE AWARD HAS BEEN INCORPORATED IN THE MAIL HANDLER CONTRACT INTERPRETATION MANUAL (CIM). THE APWU AND NALC WILL USE HIS REASONING WHEN ARGUING REVIEW AND CONCURRENCE ISSUES.


ARBITRATOR EISCHEN DECIDED THE NATIONAL RURAL LETTER CARRIER AGREEMENT IS VIOLATED UNDER THE FOLLOWING CONDITIONS:


● IF THERE IS A “COMMAND DECISION” FROM HIGHER AUTHORITY TO IMPOSE A SUSPENSION OR DISCHARGE.

● IF THERE IS A JOINT DECISION BY THE INITIATING AND REVIEWING OFFICIALS TO IMPOSE A SUSPENSION OR DISCHARGE.


● IF THERE IS A FAILURE OF EITHER THE INITIATING OR REVIEWING OFFICIAL TO MAKE AN INDEPENDENT SUBSTANTIVE REVIEW OF THE EVIDENCE PRIOR TO THE IMPOSITION OF A SUSPENSION OR DISCHARGE.

● IF THERE IS NO EVIDENCE OF WRITTEN REVIEW AND CONCURRENCE PRIOR TO THE IMPOSITION OF A SUSPENSION OR DISCHARGE.


VIOLATION OF ANY OF THE FIRST THREE ISSUES CONSTITUTES A SUBSTANTIVE VIOLATION AND A REMEDY OF REINSTATEMENT WITH “MAKE WHOLE” DAMAGES.


VIOLATION OF THE FOURTH ISSUE (WRITTEN CONCURRENCE ) CONSTITUTES A PROCEDURAL VIOLATION OF THE CONTRACT FOR WHICH A REMEDY MIGHT BE APPROPRIATE.


THE ARBITRATOR ALSO DECIDED THAT UNDER THE FOLLOWING CONDITIONS THE NATIONAL RURAL LETTER CARRIER AGREEMENT IS NOT VIOLATED:


● IF THE LOWER LEVEL SUPERVISOR CONSULTS, DISCUSSES, COMMUNICATES WITH OR JOINTLY CONFERS WITH THE HIGHER REVIEWING AUTHORITY BEFORE DECIDING TO PROPOSE DISCIPLINE.


IF THE HIGHER LEVEL AUTHORITY DOES NOT CONDUCT AN INDEPENDENT INVESTIGATION AND RELIES UPON THE RECORD SUBMITTED BY THE SUPERVISOR WHEN REVIEWING AND CONCURRING WITH THE PROPOSED DISCIPLINE.


MODULE 5HARMFUL ERROR/ FATAL

FLAWS/ PROCEDURAL DEFECTS

HARMFUL ERROR(FATAL FLAW) / PROCEDURAL DEFECTS

IT IS GENERALLY RECOGNIZED THATTHE ISSUE OF JUST CAUSE FORDISCIPLINE INVOLVES MORE THAN AFINDING OF MISCONDUCT.ARBITRATORS OFTEN ENFORCEMINIMUM ELEMENTS OF “DUEPROCESS.”


UNDER DUE PROCESS MANAGEMENTMUST MEET CERTAIN REQUIREMENTSAND PROCEDURES. IF THEY FAIL TODO SO, DISCIPLINE WHICH ISOTHERWISE FOR JUST CAUSE, MAY BEREDUCED OR SET ASIDE AS UNJUST IFTHE AGREED UPON PROCEDURES ARENOT FOLLOWED AND HARM RESULTS.


MOST ABITRATORS REQUIRE A SHOWING OF PREJUDICE TO THEEMPLOYEE BEFORE TAKING ACTIONTO REDUCE, MODIFY, OR SET ASIDEDISCIPLINE.


THERE IS NO DEFINITIVE LIST OF DUE

PROCESS ELEMENTS WHAT ONEARBITRATOR SEES AS A HARMFULERROR IS GIVEN DIFFERENT WEIGHTBY ANOTHER.


FOLLOWING IS A LIST OF THE MOSTCOMMON PROCEDURAL DEFECTSTHAT HAVE RESULTED IN DISCIPLINEBEING OVERTURNED IN ARBITRATIONS: NO PRE-DISCIPLINARY INTERVIEW FAILURE TO PROVIDE REQUESTED

INFORMATION


NO REVIEW OF DISCIPLINE NOT GIVING CORRECT APPEAL RIGHTS NO INVESTIGATION CITING EXPIRED DISCIPLINE IMPROPERLY RE-ISSUING DISCIPLINE


DOUBLE JEOPARDY FACTS NOT SAME AS CHARGE


MODULE 6DISCIPLINE FORMATS

CHARGE WRITING HELP

“Blue Page”Labor RelationsCharge Letters Sample FilesOpen Zip Files


IF YOU ARE CONSIDERING ACTION TO DENY LEAVE OR ISSUING DISCIPLINE FOR LEAVE THAT MAY BE PROTECTED, EITHER BY THE CONTRACT, ELM, FMLA, USERRA, OR OTHER STATUE SEEK ADVICE IMMEDIATELY.

DISTRICT FMLA COORDINATORS AND LABOR RELATIONS WILL ASSIST ALONG WITH THE AREA LAW OFFICE IF ADDITIONAL ASSISTANCE IS REQUIRED.


LETTERS OF WARNING

LETTERS OF WARNING

THE FORMAT FOR LETTERS OF WARNING IS THE SAME FOR ALL FOUR OF THE MAJOR UNIONS.

LETTERS OF WARNING

ALL FOUR CONTRACTS (APWU,NALC,NPMHU,NRLCA) STATE “A LETTER OF WARNING IS A DISCIPLINARY NOTICE IN WRITING, IDENTIFIED AS AN OFFICIAL DISCIPLINARY LETTER OF WARNING WHICH SHALL INCLUDE AN EXPLANATION OF A DEFICIENCY OR MISCONDUCT TO BE CORRECTED”.

LETTERS OF WARNING

Why give a letter of warning?When do you give a LOW?How do you give the LOW?How long does the LOW remain in

effect?


EXERCISE NUMBER 3LETTER OF WARNING


Janice Smith did not receive corrective action for her failure to be regular in attendance. Three weeks have passed and she has been tardy on one day and has called in for unscheduled SL for another day.

What will you do?


For the past three weeks Sam Jones has had perfect attendance. This week Sam got in an argument with a co-worker which led to a loss of production.

What will you do?


SUSPENSIONS

SUSPENSIONS

SUSPENSIONS MUST NOT BE ISSUED FOR LESS THAN FIVE WORKING DAYS (7 CALENDAR DAY SUSPENSION).

SUSPENSIONS MUST NOT BE ISSUED FOR MORE THAN 10 WORKING DAYS (14 CALENDAR DAY SUSPENSION).

SUSPENSIONS

THE FORMAT, NOTICE PERIOD, TERMS, AND APPEAL RIGHTS FOR SUSPENSIONS VARY BY UNION AND LENGTH OF SUSPENSION.

YOU MUST USE THE PROPER FORMAT FOR EACH OF THE FOUR UNIONS, GIVING EMPLOYEES THEIR DUE PROCESS RIGHTS.

APWU SUSPENSIONS

ALL APWU EMPLOYEES MUST BE GIVEN A TEN (10) CALENDAR DAY NOTICE PERIOD PRIOR TO SERVING THE SUSPENSION.

SUSPENSIONS ARE TIME-OFF, BUT IF A TIMELY GRIEVANCE IS FILED, THE EFFECTIVE DATE IS DELAYED UNTIL EITHER A GRIEVANCE SETTLEMENT OR AN ARBITRATOR’S DECISION.

APWU SUSPENSIONS

THE EMPLOYEE SHALL REMAIN ON THE JOB OR “ON THE CLOCK” (PAID) AT THE OPTION OF THE EMPLOYER.

NALC SUSPENSIONS

ALL NALC SUSPENSION ARE NO-TIME-OFF. THE EMPLOYEE REMAINS ON DUTY DURING THE TERM OF THE SUSPENSION WITHOUT LOSS OF PAY.

NALC SUSPENSIONS

SUCH SUSPENSIONS ARE EQUIVALENT TO TIME-OFF SUSPENSIONS AND MAY BE CITED AS ELEMENTS OF PAST RECORD IN SUBSEQUENT DISCIPLINE IN ACCORDANCE WITH ART. 16.10.

NALC SUSPENSIONS

ALL SUSPENSIONS ISSUED MUST ADVISE THE RECIPIENT OF THEIR GRIEVANCE APPEAL RIGHTS.

MAIL HANDLER SUSPENSIONS

THE MAIL HANDLERS HAVE A DIFFERENT PROCEDURE FOR 7 VS. 14 DAY SUSPENSIONS.

FOR 7 DAY SUSPENSIONS NO NOTICE PERIOD IS REQUIRED. THIS IS A PAPER SUSPENSION ONLY (NO-TIME-OFF IS SERVED.)


FOR 14 DAY SUSPENSIONS THE EMPLOYEE MUST BE GIVEN A 14 DAY NOTICE PERIOD.


14 DAY SUSPENSION ARE TIME-OFF. HOWEVER, IF A TIMELY GRIEVANCE IS FILED PRIOR TO THE EFFECTIVE DATE AND, IF THE GRIEVANCE IS TIMELY APPEALED TO STEP 2, THE GRIEVANT SHALL NOT BEGIN TO SERVE THE SUSPENSION UNTIL AFTER THE STEP 2 DECISION HAS BEEN RENDERED.


WHEN AN EMPLOYEE BEGINS SERVING A SUSPENSION BEFORE THE ISSUANCE OF A WRITTEN STEP 2 DECISION OF A GRIEVANCE PROPERLY APPEALED THE APPROPRIATE REMEDY IS TO RESCIND THE SUSPENSION AND MAKE THE GRIEVANT WHOLE.

RURAL CARRIER SUSPENSIONS

NO NOTICE PERIOD IS REQUIRED AND ALL SUSPENSIONS WILL BE PAPER (NO-TIME-OFF).

SUCH PAPER SUSPENSIONS SHALL INDICATE THE LENGTH OF THE SUSPENSION WITH A WRITTEN NOTICE OF THE CHARGES AGAINST THE EMPLOYEE.


AN EMPLOYEE WHO HAS RECEIVED A FOURTEEN (14) DAY SUSPENSION WILL BE GIVEN A DAY OF REFLECTION, PROVIDED IT IS AGREEABLE TO THE UNION.


IF THE EMPLOYEE IS DIRECTED TO TAKE THE DAY OF REFLECTION HE OR SHE WILL BE PLACED IN A PAID, NON-DUTY STATUS FOR ONE (1) SCHEDULED WORK DAY.

GUIDELINES FOR DAY OF REFLECTION ARE INCLUDED IN ARTICLE 16 SECTION 3 OF THE NATIONAL AGREEMENT.


EXERCISE NUMBER 4SUSPENSIONS


Janice Smith is a clerk with 7 years of postal work. She has had a discussion and a Letter of Warning concerning her failure to be regular in attendance. A quarterly review of her attendance reveals what appears to be a pattern of use of unscheduled leave in conjunction with NS days.

What will you do?


In the past 4 weeks Sam Jones has missed the following days:

Tuesday 8 UAL Late Call Friday 4 USL Friday 8 USL Tuesday 4 hours Tardy

What will you do?


REMOVALS

REMOVALS –NON PREF. ELIGIBLES

THE PROCESS FOR ISSUING REMOVAL NOTICES IS THE SAME FOR ALL FOUR OF THE MAJOR UNIONS WITH A MINOR EXCEPTION FOR THE NALC.

THE EFFECTIVE DATE OF THE REMOVAL MUST BE AT LEAST 30 CALENDAR DAYS AFTER THE DATE THE NOTICE IS DELIVERED.

REMOVALS –NON PREF. ELIGIBLES

FOR LETTER CARRIERS ONLY, THE REMOVAL WILL BE DEFERRED UNTIL A DECISION IS MADE ON THE GRIEVANCE, IF ONE IS FILED, AT THE STEP B LEVEL OF THE NALC-USPS JOINT DISPUTE RESOLUTION PROCESS, OR 14 DAYS AFTER THE APPEAL IS RECEIVED AT STEP B, WHICHEVER COMES FIRST.

REMOVALS – VET PREF.ELIGIBLES

FOR VETERAN PREFERENCE ELIGIBLE EMPLOYEES A “PROPOSED NOTICE OF REMOVAL” MUST BE ISSUED. ONCE ISSUED THE EMPLOYEE HAS THE RIGHT TO REVIEW THE MATERIAL RELIED UPON TO ISSUE THE ACTION.


THE EMPLOYEE ALSO HAS THE RIGHT TO ANSWER THE CHARGESEITHER IN WRITING OR IN PERSONOR BOTH TO THE DECIDING OFFICIAL(A HIGHER AUTHORITY).


THE DECIDING OFFICIAL WILL THEN ISSUE A LETTER OF DECISION WHICH MUST INCLUDE THE RIGHT TO APPEAL THE DECISION TO MSPB IF THE REMOVAL IS UPHELD OR A MITIGATED UNILATERAL DECISION IS ISSUED, SUCH AS DOWNGRADE.


FOR THE PURPOSE OF GRIEVANCE PROCEDURE APPEALS, THE TIME LIMIT OF SECTION 2 OF ARTICLE 15 SHALL RUN FROM THE PROPOSED REMOVAL NOTICE, NOT FROM A DECISION LETTER.


ONCE A GRIEVANCE ON A NOTICE OF PROPOSED REMOVAL IS FILED, IT IS NOT NECESSARY FOR THE UNION TO FILE A GRIEVANCE ON THE DECISION LETTER.


RECEIPT OF A NOTICE OF PROPOSED REMOVAL STARTS THE 30 DAY ADVANCE NOTICE PERIOD REQUIRED IN SECTION 5 OF ARTICLE 16.


EXERCISE NUMBER 5REMOVAL


This month Janice Smith has the following schedule of leave use since her last corrective discipline:

Tuesday 8 USL Thursday 8 EAL Friday 5 Late Tuesday 8 USL

What will you do?


Sam Jones had an argument with you concerning his work on the dock. He refused to report to the dock to assist in off-loading a trailer full of Time magazines.

What will you do?


MODULE 7SEPARATIONS


SEPARATION – DISQUALIFICATION(ELM 365.32)

SEPARATION - DISQUALIFICATION

THIS TYPE OF SEPARATION APPLIES ONLY TO EMPLOYEES WHO HAVE NOT COMPLETED THEIR PROBATIONARY PERIOD.


THE WRITTEN NOTICE MUST AT A MINIMUM CONSIST OF THE APPOINTING OFFICIAL’S CONCLUSIONS ABOUT THE INADEQUACIES OF PERFORMANCE OR CONDUCT.


PROBATIONARY EMPLOYEE’S ATTENDANCE● PAY CLOSE ATTENTION TO

PROBATIONARY EMPLOYEES AND THEIR ATTENDANCE / REPORTING

● WILL THE EMPLOYEE’S ATTENDANCE GET BETTER WHEN THEY COMPLETE THE PROBATIONARY PERIOD?


SEPARATION DISABILITY

SEPARATION - DISABILITY

SEPARATION – DISABILITY IS A TERM USED TO INDICATE THE SEPARATION OF AN EMPLOYEE OTHER THAN A TEMPORARY, CASUAL, OR A PROBATIONARY EMPLOYEE

LONG TERM LWOP ISSUES


WHOSE MEDICAL CONDITION RENDERS THE EMPLOYEE UNABLETO PERFORM THE DUTIES OF THEPOSITION AND WHO IS INELIGIBLEFOR DISABILITY RETIREMENT. (ELM 365.341)


AT THE EXPIRATION OF 1 YEAR OF CONTINUOUS ABSENCE WITHOUT PAY, AN EMPLOYEE WHO HAS BEEN ABSENT BECAUSE OF ILLNESS MAY BE SEPARATED FOR DISABILITY. THIS ACTION IS NOT MANDATORY


IF THERE IS REASON TO BELIEVE THE EMPLOYEE WILL RECOVERWITHIN A REASONABLE LENGTH OFTIME BEYOND THE 1-YEAR PERIOD,THE EMPLOYEE MAY BE GRANTEDADDITIONAL LEAVE IN 30-DAYPERIODS, NOT TO EXCEED 90 DAYS.


IF THE EMPLOYEE’S CONDITION INDICATES THAT LWOP BEYOND THAT PERIOD IS NECESSARY INCIDENT TO FULL RECOVERY, THE POSTAL OFFICIAL MUST SUBMIT A COMPREHENSIVE REPORT TO THE AREA MANAGER OF HUMAN RESOURCES WITH A


RECOMMENDATION AND RETAIN THEEMPLOYEE ON THE ROLLS PENDINGA DECISION.


FOR INVOLUNTARY SEPARATION, THE NOTICE AND APPEALPROCEDURES OUTLINED IN THEAPPLICABLE COLLECTIVEBARGAINING AGREEMENT ISFOLLOWED.


NO EMPLOYEES WHO HAVE COMPLETED THEIR PROBATIONARY PERIOD ARE SEPARATED FOR DISABILITY UNTIL GIVEN A NOTICE IN WRITING OF THE PROPOSED ACTION AND AN OPPORTUNITY TO REPLY IN ACCORDANCE WITH APPROPRIATE ADVERSE ACTION PROCEDURES.

DISABILITY RETIREMENT

LONG TERM MEDICAL ISSUES● FOCUS ON END RESULT● PROVIDE ASSISTANCE TO EMPLOYEE

VIA HRSSC TO PROCESS APPLICATION

● CONTINUE TO ADDRESS ATTENDANCE ISSUES ON A REGULAR BASIS

● DISTRICT REASONABLE ACCOMMODATION REFERRAL


MODULE 8CHARGE WRITING


CHARGE WRITING BASICS


DEFINITIONS● CHARGE – THE NATURE OF THE

WRONGDOING, DEFICIENCY, OR MISCONDUCT.

● SPECIFICATION – THE FACTUAL NARRATIVE DESCRIBING THE DETAILS OF THE WRONGDOING, DEFICIENCY OR MISCONDUCT.


● ELEMENT – A COMPONENT OR ESSENTIAL PART OF A CHARGE THAT MUST BE PROVED TO HAVE A CHARGE UPHELD.


PRIOR TO WRITING A CHARGE MAKE SURE YOUR INVESTIGATION WAS THOROUGH AND YOU HAVE THE EVIDENCE TO PROVE WHAT YOU WRITE.


MAKE SURE YOUR CHARGE IS CLEAR AND SPECIFIC.


CHARGE ONLY WHAT YOU CAN PROVE BY THE SPECIFIC EVIDENCE.


AVOID EXTENSIVE CITATIONS TO SPECIFIC STATUTES OR REGULATIONS.

CITE OF A LAW REQUIRES BEYOND A REASONABLE DOUBT LEVEL OF PROOF


AVOID THE TEMPTATION TO ADD ADJECTIVES (OR ADVERBS) SUCH AS WILLFUL, DELIBERATE, OR GROSS. YOU MAY THINK YOU KNOW WHAT’S IN SOMEONES’S MIND BUT YOU MUST PROVE IT TO A NEUTRAL PARTY.


REMEMBER, THE PURPOSE OF A CHARGE IS TO ADVISE THE EMPLOYEE OF WHAT IT IS HE/SHE IS BEING CHARGED WITH AND TO GIVE THAT INDIVIDUAL THE OPPORTUNITY TO DEFEND THEMSELVES.


EACH CHARGE SHOULD CONTAIN, AS APPROPRIATE, ALL OF THE FOLLOWING ELEMENTS:● A BRIEF STATEMENT OF THE SPECIFIC

CHARGE, OFFENSE, OR VIOLATION.


● THE FACTS ABOUT THE INCIDENT WHICH SUPPORT THE CHARGE, INCLUDING THE PARTICULAR OFFENSE OR DEFICIENCY CHARGED AGAINST THE EMPLOYEE

● THE AGGRAVATING FACTORS, IF ANY, THAT MAKE A PARTICULAR CHARGE A MORE SERIOUS VIOLATION.


AVOID MAKING MULTIPLE IDENTICAL CHARGES OUT OF THE SAME EVENT.


AVOID ATTACHING OLD OFFENSES TO A CURRENT SIMILAR OFFENSE.

AVOID JOINING TWO CHARGES INTO ONE BY USING “AND”. IF ONE HALF OF THE CHARGE IS NOT SUSTAINED, THE WHOLE CHARGE MAY FALL.


CATEGORIES OF CHARGES


EMPLOYEE DEFICIENCIES FALL INTO ONE OF THREE CATEGORIES OF CHARGES:● UNSATISFACTORY PERFORMANCE● UNSATISFACTORY ATTENDANCE● IMPROPER CONDUCT


UNSATISFACTORY ATTENDANCE EXAMPLES:● Failure to Maintain a Regular

Schedule/Absenteeism● Tardiness● AWOL


JUST DO IT!!!!

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FUNDAMENTALS OF ATTENDANCE CONTROL. BACK TO THE BASICS