1

ng.ca.caarng.list.j1-hro-lrs@mail.mil

Mr. Poppler – (916) 854-36001LT Thomas – (916) 854-3646

SrA Kelly – (916) 854-3701

Labor Relations Training Presentation

2

Agenda

• Labor Relations (LR) Purpose and Responsibility• Disciplinary Actions• Progressive Discipline• Non Disciplinary and Disciplinary Actions• 904-1• Steps Prior to Disciplinary Actions• Disciplinary Actions• Adverse Actions• Metz Factors• Douglas Factors• Weingarten Rights• Grievance• Website and Union Points of Contact

3

Purpose & Responsibilities

Responsibilities:

• Provides guidance and direction to all managers and supervisors on disciplinary responsibilities, rights, and obligations.

• Assists supervisors and managers with the procedural aspects of an action before issuance of a proposed action.

• Provides necessary training to managers and supervisors on the subject of this regulation.

• Represents and/or advises The Adjutant General (TAG) or TAG representative in disciplinary and adverse action cases.

• Provides general and procedural guidance and case information to the effected technicians.

Primary Purpose:

• Provide comprehensive labor relations, adverse action and disciplinary consultation services to customer (management and supervisors).

• Provide procedural guidance to technicians to include procedural rights.

4

Disciplinary Actions

• Use CNG FPR 752… TPR 752 is National level regulation – use it as a reference.

• SHOW “Progressive Discipline”: History from NGB Form 904-1 (5 W’s plus further conduct could be grounds for taking further disciplinary or adverse action)– Supervisors and Technician must initial the NGB 904-1.– Part of Supervisor’s Employee Work Folder

CNG FPR 293:http://www.calguard.ca.gov/HRO/Documents/Pubs/FPR/CNGFPR_293.pdf

CNG GPR 752:

http://www.calguard.ca.gov/HRO/Documents/Labor/Discipline%20and%20Adverse%20Actions%20FPR_752.pdf

TPR 752:

http://www.calguard.ca.gov/HRO/Documents/Labor/NGB%20TPR%20752.pdf

5

Progressive Discipline

• Progressive discipline is the process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so.

• The goal is not to punish the employee but to more strongly alert the employee of the need to correct the problem.

• Take the least severe action that is necessary to correct the situation will help determine which step to use.

• Early, less stringent, measures are skipped for serious offenses such as theft, fighting, Sexual Harassment, ect. All steps are typically used for attendance or general work performance problems

6

Elements of Progressive Discipline

• The employee is explicitly informed of the unacceptable behavior or performance and is given specific work-related examples (5 W’s).

• Explain acceptable behavior or performance standards and give the employee reasonable time to comply.

• The employee is informed of the consequences of failing to comply. This gives the employee reasonable expectations of the consequences if change does not occur.

7

Progressive Discipline

Removal

Letter of reprimand or suspension

Oral admonishment

904-1

8

Levels of Discipline

• Timeliness- immediate and appropriate action• Refer to TABLE OF PENALTIES FOR VARIOUS

OFFENSES found in TPR 752• Provisions of a collective bargaining agreement establish

the requirements under which the organization operates. • Non Disciplinary Actions:

– 904-1 counseling session– 904-1 Warning

• Disciplinary Actions:– Oral Admonishment – Letter of Reprimand– Adverse Actions

9

904-1

• Counseling (non-disciplinary)– Positive and constructive counseling can normally resolve a

problem without the need for disciplinary or adverse action– annotated in pencil and initialed by both the supervisor and the

technician on NGB Form 904-1

• Warning Session (non-disciplinary)– conveys the message that a disciplinary or adverse action may

result if the problem is not corrected– annotated in pencil and initialed by both the supervisor and

technician on NGB Form 904-1

• Oral Admonishment (disciplinary)

10

Steps prior to disciplinary Actions

• Fact Finding/Investigate (Air=CDI) (Army=AR15-6)• Weingarten Rights• Ensure the provisions of their respective Collective

Bargaining Agreement (CBA) are followed prior to initiating any disciplinary or adverse action

• Douglas Factors• Gather documentation: NGB 904-1 entries, time and

attendance (T&A) sheets, doctor’s notes/medical certifications, witness statements, photos, accident/investigation reports, etc.

• Contact Labor Relations

11

Weingarten Rights

• NLRB v. J. Weingarten, Inc.– 5 USC 7114(a)(2)(B)

http://www.law.cornell.edu/uscode/text/5/7114

– CNG FPR 752, Paragraph 10c (Investigations)

http://www.calguard.ca.gov/HRO/Documents/Labor/Discipline%20and%20Adverse%20Actions%20FPR_752.pdf– Recommend advising employee– Annotate NGB Form 904-1http://www.calguard.ca.gov/HRO/Documents/Labor/fillable%20904-1.pdf– Annual Notice to employees– Sent via TAAI

http://www.calguard.ca.gov/HRO/Documents/Pubs/TAAI/2013/TAAI_13-02.pdf

420 U.S. 251 (1975)

12

Douglas Factors

“Consistency”

• Determine the appropriate remedy• “Like penalties for like offenses in like circumstance.”

- Nature and seriousness of the offense - Job level and contact with public- Past discipline- Work record and length of service- Effect of the offense- Consistency of penalty imposed on others- Consistency of penalty compared to higher HQ guidance penalties- Notoriety of the offense- Clarity of rules- Potential for rehabilitation- Mitigating circumstances- Adequacy and effectiveness of alternative sanctions

• Paragraph 7, paragraph 19, and Attachment 2, CNG FPR 752

13

Disciplinary Actions

• Oral Admonishment– Paragraph 5a, CNG FPR 752– Verbal counseling that puts Technician on notice – modify

improper behavior– NGB Form 904-1 entry– May issue to a technician without prior HRO consultation

• Letter of Reprimand (LOR)– Paragraph 5b, Attachment 3, and Attachment 4, CNG FPR 752– Must be reviewed and approved by LR before presenting to

Technician– NGB Form 904-1 entry– Signed copy emailed to LR

14

Adverse Actions

• Paragraph 6, CNG FPR 752• Pay affecting actions

– Suspensions– Change to Lower Grade– Removals

• Management MUST contact LR ASAP• Evidence in form of police report, sworn statements,

annotated NGB Form 904-1… is required to show preponderance

• Investigation conducted using CDI guide or AR 15-6 procedures

• Commanders, managers, and supervisors must receive prior approval from LR to present ANY adverse actions to a Technician

15

Adverse Actions

• LR will collaborate with JAG for sufficiency• Supervisors must demonstrate a history of “Progressive

Discipline” by annotating NGB Form 904-1s, referencing all Policies, Memorandums, and Regulations related to the Suspension or Removal

16

Adverse Actions

• Proposed Action Letter (PAL):– “Usually” supervisor (rater) is proposing official– Paragraph 19, CNG FPR 752 (Step 1)– Metz Factors (attachment 1 of CNG FPR 752)– Douglas Factors (attachment 2 of CNG FPR 752)– Table of Penalties (attachment 3 of CNG FPR 752)– PAL Sample (attachment 5 of CNG FPR 752)– EAP offer– All supporting documentation used in proposing penalty as

enclosures– Technician allowed 4 hours of “official time”– 20 days from date of presentation to reply to Deciding Official

(Step 2)– Patience – takes 3-6 weeks depending on case and workload

17

Adverse Actions

• Original Decision Letter (ODL):– “Usually” next level supervisor or manager (reviewer)– Paragraph 19, CNG FPR 752 (Step 3)– Douglas Factors (attachment 2 of CNG FPR 752)– Table of Penalties (attachment 3 of CNG FPR 752)– ODL Sample (attachment 6 of CNG FPR 752)– Appeal option – gives 20 days for Technician to decide– EAP offer– Can lessen penalty but NOT raise it– All supporting documentation used in deciding penalty as

enclosures– Patience – takes 1-2 weeks depending on case and workload

18

Disciplinary Actions- Leave

• Warning on Leave Usage (Non-disciplinary)– Paragraph 9, CNG FPR 752– Attachment 8 (Local use - typically this is the first supporting

document)– NGB Form 904-1 entry

• Leave Restriction Notice- Paragraph 9, CNG FPR 752– Attachment 9 (Disciplinary in nature/formal notice)

• Must be reviewed and approved by LR before presenting to Technician• NGB Form 904-1 entry• Signed copy emailed to LR

19

Metz Factors

“Workplace Violence”

• Metz v. Department of the Treasury, 780 F.2d 1001 (Fed. Cir. 1986), the Federal Circuit Court stated that to determine if the words constituted a threat, the Merit Systems Protection Board must use the connotation that a reasonable person would give the words. The Court listed several factors to consider in making a determination of a threat:– listener’s reactions; – listener’s apprehension of harm; – speaker’s intent; – conditional nature of the statements; and – attendant circumstances

• Paragraph 7 and Attachment 1, CNG FPR 752http://federal-circuits.vlex.com/vid/metz-treasury-enforcement-training-37657672

20

Employee Assistance Program (EAP)

• Employee Assistance Program (EAP)– Offer at any time– Must be part of any formal notice– For Dual Status: Military One Source at (800) 342-9647 or

www.militaryonesource.mil– For Non Dual Status: Federal Occupational Health at (800) 222-

0364 or www.FOH4You.com

– CNG FPR 820

http://www.calguard.ca.gov/HRO/Documents/Pubs/FPR/CNGFPR_820.pdf

21

Technician’s Rights

• Weingarten Rights

• Respond to charge(s) within the time period allowed

• May initiate an appeal– Appellate Review by TAG– Administrative hearing by NGB Examiner

22

Union POC List (Continued)

ACT Local 109 (129th RQW – Moffett Field)

President: Francis Schmidt

francis.schmidt@actnat.com

(510) 701-6145

David King

23

Website and Union POC List

http://www.calguard.ca.gov/HRO/Pages/Labor.aspx

LIUNA Local 2163 (Army)

President: Brent Shintaku (Deployed)

Business Manager: Dave Ingles

d.ingles@liuna-ngdc.org

(209) 518-9310

24

NOW WHAT?

??

QUESTIONS

??