HIGHER LEVEL TEMPORARY ASSIGNMENT

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					 FUNDAMENTALS OF
ATTENDANCE CONTROL
FUNDAMENTALS OF ATTENDANCE CONTROL




      BACK TO THE BASICS
FUNDAMENTALS OF ATTENDANCE CONTROL




           MODULE 1
        TYPES OF LEAVE
 FUNDAMENTALS OF ATTENDANCE CONTROL




 SL
 AL
 LWOP
 AWOL
 FMLA
 FUNDAMENTALS OF ATTENDANCE CONTROL



 UNION REPRESENTATION
 POSTAL POLICIES
 LONG TERM LEAVE ISSUES
 FAMILY REQUIREMENTS
 TOO MUCH WORK
 ERMS
 LR ASSISTANCE
FUNDAMENTALS OF ATTENDANCE CONTROL




         WHAT CAN I DO?
FUNDAMENTALS OF ATTENDANCE CONTROL




  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
FUNDAMENTALS OF ATTENDANCE CONTROL




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”
FUNDAMENTALS OF ATTENDANCE CONTROL




   ENFORCE THE EXPECTATION
 ENFORCE THE EXPECTATION




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




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




 WHY?
  ● NO ENFORCEMENT = NO
    EXPECTATION
  ● FAIR TO ALL EMPLOYEES
  ● 65% MOTIVATED/ 9% NON-MOTIVATED/
    26% NOT DECIDED
 ENFORCE THE EXPECTATION


 WHEN?
  ● WHEN EMPLOYEES ENTER YOUR
    WORK LOCATION
      NEW EMPLOYEE
      NEW BID ASSIGNMENT
      TRANSFER/REASSIGNMENT
  ● UPON RETURN FROM EVERY
    UNSCHEDULED ABSENCE
  ● ONCE EACH QUARTER
FUNDAMENTALS OF ATTENDANCE CONTROL




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?
FUNDAMENTALS OF ATTENDANCE CONTROL




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?
FUNDAMENTALS OF ATTENDANCE CONTROL




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?
FUNDAMENTALS OF ATTENDANCE CONTROL




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?
FUNDAMENTALS OF ATTENDANCE CONTROL




            MODULE 2
           DEFINITIONS
 FUNDAMENTALS OF ATTENDANCE CONTROL




 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-TIME
 BE READY TO START AT CLOCK IN
 REGULAR IN ATTENDANCE




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



 HOW DO I USE IT?
  ● COMMUNICATE THE EXPECTATION
  ● BE FAIR
  ● BE CONSISTENT
  ● NO DISCRIMINATION
  ● ADDRESS EACH INSTANCE BASED ON
    EMPLOYEE’S RECORD
  ● BE PROFESSIONAL
REGULAR IN ATTENDANCE




 DO I SET THE STANDARD BY MY
 EXAMPLE?
 ● EMPLOYEES WATCH WHAT WE DO
 ● EXCEED YOUR STANDARD FOR
   EMPLOYEES
FUNDAMENTALS OF ATTENDANCE CONTROL




DISCUSSION VS PRE-DISCIPLINARY
           INTERVIEW
DISCUSSION VS. PDI




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




DISCUSSIONS ARE HELD FOR MINOR
OFFENSES IN ATTEMPT TO CORRECT
THE BEHAVIOR. SUCH DISCUSSIONS
ARE NOT CONSIDERED DISCIPLINE.
 DISCUSSIONS




THE DISCUSSION IS NOT AN
INVESTIGATION AND IS NOT
DISCIPLINE BUT RATHER PUTS AN
EMPLOYEE ON WARNING
CONCERNING 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.
PRE-DISCIPLINARY INTERVIEW (PDI)




 THE EMPLOYEE MUST BE
 INFORMED THAT THE PDI MAY
 LEAD TO DISCIPLINE.
PRE-DISCIPLINARY INTERVIEW (PDI)




 IF AN EMPLOYEE REQUESTS UNION
 REPRESENTATION THEIR REQUEST
 CANNOT BE DENIED.
PRE-DISCIPLINARY INTERVIEW (PDI)




 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
PRE-DISCIPLINARY INTERVIEW (PDI)




 THE UNION CANNOT EXERCISE
 THESE RIGHTS ON THE
 EMPLOYEE’S BEHALF.
 ADDITIONALLY, MANAGEMENT IS
 NOT REQUIRED TO INFORM AN
 EMPLOYEE OF HIS/HER RIGHTS.
PRE-DISCIPLINARY INTERVIEW (PDI)


 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
PRE-DISCIPLINARY INTERVIEW (PDI)




THE PDI IS A PART OF YOUR
INVESTIGATION
FUNDAMENTALS OF ATTENDANCE CONTROL




       EXERCISE NUMBER 1
          DISCUSSION
 FUNDAMENTALS OF ATTENDANCE CONTROL



 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?
FUNDAMENTALS OF ATTENDANCE CONTROL



 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?
FUNDAMENTALS OF ATTENDANCE CONTROL




             MODULE 3
            JUST 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 AS
REQUESTED, VIOLATION OF THE
TERMS OF THIS AGREEMENT, OR
FAILURE TO OBSERVE SAFETY
RULES 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 THESE
QUESTIONS INDICATES THAT THERE
WAS NOT PROPER CAUSE FOR THE
DISCIPLINARY 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.
FUNDAMENTALS OF ATTENDANCE CONTROL




      EXERCISE NUMBER 2
  PRE-DISCIPLINARY INTERVIEW
 FUNDAMENTALS OF ATTENDANCE CONTROL



 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?
 FUNDAMENTALS OF ATTENDANCE CONTROL




 Sam Jones had a discussion concerning
  his attendance three weeks ago.
  Yesterday he called in for EAL.
 As his supervisor what will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL




            MODULE 4
           DUE 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.
FUNDAMENTALS OF ATTENDANCE CONTROL




   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.
REVIEW AND C0NCURRENCE




 THE APWU AND NALC AGREEMENT
 REQUIRES THE REVIEW AND
 CONCURRENCE BE COMPLETED BY
 THE INSTALLATION HEAD OR
 DESIGNEE. WRITTEN
 CONCURRENCE IS NOT REQUIRED.
REVIEW AND C0NCURRENCE




 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.
REVIEW AND C0NCURRENCE




 THE RURAL AGREEMENT
 REQUIRES THAT SUSPENSIONS OR
 DISCHARGES BE REVIEWED AND
 CONCURRED BY A HIGHER
 AUTHORITY. THIS CONCURRENCE
 MUST BE IN WRITING.
REVIEW AND C0NCURRENCE




 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.
 REVIEW AND C0NCURRENCE




 THE ARBITRATOR DECIDED IN
 FAVOR OF THE UNION AND
 ESTABLISHED GUIDELINES FOR
 THE REVIEW AND CONCURRENCE
 OF DISCIPLINE FOR RURAL LETTER
 CARRIERS.
REVIEW AND C0NCURRENCE


 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.
REVIEW AND C0NCURRENCE




 ARBITRATOR EISCHEN DECIDED
 THE NATIONAL RURAL LETTER
 CARRIER AGREEMENT IS VIOLATED
 UNDER THE FOLLOWING
 CONDITIONS:
REVIEW AND C0NCURRENCE




 ● 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.
REVIEW AND C0NCURRENCE


 ● 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.
REVIEW AND C0NCURRENCE




 VIOLATION OF ANY OF THE FIRST
 THREE ISSUES CONSTITUTES A
 SUBSTANTIVE VIOLATION AND A
 REMEDY OF REINSTATEMENT WITH
 “MAKE WHOLE” DAMAGES.
 REVIEW AND C0NCURRENCE


 VIOLATION OF THE FOURTH ISSUE
 (WRITTEN CONCURRENCE )
 CONSTITUTES A PROCEDURAL
 VIOLATION OF THE CONTRACT FOR
 WHICH A REMEDY MIGHT BE
 APPROPRIATE.
REVIEW AND C0NCURRENCE




 THE ARBITRATOR ALSO DECIDED THAT
 UNDER THE FOLLOWING CONDITIONS
 THE NATIONAL RURAL LETTER CARRIER
 AGREEMENT IS NOT VIOLATED:
REVIEW AND C0NCURRENCE




 ● IF THE LOWER LEVEL SUPERVISOR
   CONSULTS, DISCUSSES, COMMUNICATES
   WITH OR JOINTLY CONFERS WITH THE
   HIGHER REVIEWING AUTHORITY BEFORE
   DECIDING TO PROPOSE DISCIPLINE.
 REVIEW AND C0NCURRENCE




 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.
FUNDAMENTALS OF ATTENDANCE CONTROL




         MODULE 5
    HARMFUL ERROR/ FATAL
     FLAWS/ PROCEDURAL
          DEFECTS
 HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
 DEFECTS




IT IS GENERALLY RECOGNIZED THAT
THE ISSUE OF JUST CAUSE FOR
DISCIPLINE INVOLVES MORE THAN A
FINDING OF MISCONDUCT.
ARBITRATORS OFTEN ENFORCE
MINIMUM ELEMENTS OF “DUE
PROCESS.”
 HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
 DEFECTS




UNDER DUE PROCESS MANAGEMENT
MUST MEET CERTAIN REQUIREMENTS
AND PROCEDURES. IF THEY FAIL TO
DO SO, DISCIPLINE WHICH IS
OTHERWISE FOR JUST CAUSE, MAY BE
REDUCED OR SET ASIDE AS UNJUST IF
THE AGREED UPON PROCEDURES ARE
NOT FOLLOWED AND HARM RESULTS.
 HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
 DEFECTS




MOST ABITRATORS REQUIRE A
SHOWING OF PREJUDICE TO THE
EMPLOYEE BEFORE TAKING ACTION
TO REDUCE, MODIFY, OR SET ASIDE
DISCIPLINE.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS




THERE IS NO DEFINITIVE LIST OF DUE
PROCESS ELEMENTS WHAT ONE
ARBITRATOR SEES AS A HARMFUL
ERROR IS GIVEN DIFFERENT WEIGHT
BY ANOTHER.
  HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
  DEFECTS




FOLLOWING IS A LIST OF THE MOST
COMMON PROCEDURAL DEFECTS
THAT HAVE RESULTED IN DISCIPLINE
BEING OVERTURNED IN ARBITRATIONS:
 NO PRE-DISCIPLINARY INTERVIEW
 FAILURE TO PROVIDE REQUESTED
 INFORMATION
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS



NO REVIEW OF DISCIPLINE
NOT GIVING CORRECT APPEAL RIGHTS
NO INVESTIGATION
CITING EXPIRED DISCIPLINE
IMPROPERLY RE-ISSUING DISCIPLINE
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS



 DOUBLE JEOPARDY
 FACTS NOT SAME AS CHARGE
FUNDAMENTALS OF ATTENDANCE CONTROL




           MODULE 6
      DISCIPLINE FORMATS
 CHARGE WRITING HELP




 “Blue Page”
 Labor Relations
 Charge Letters Sample Files
 Open Zip Files
 FUNDAMENTALS OF ATTENDANCE CONTROL

 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.
FUNDAMENTALS OF ATTENDANCE CONTROL




      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?
FUNDAMENTALS OF ATTENDANCE CONTROL




       EXERCISE NUMBER 3
       LETTER OF WARNING
 FUNDAMENTALS OF ATTENDANCE CONTROL




 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?
FUNDAMENTALS OF ATTENDANCE CONTROL




 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?
FUNDAMENTALS OF ATTENDANCE CONTROL




           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.)
MAIL HANDLER SUSPENSIONS



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


 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.
MAIL HANDLER SUSPENSIONS


 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.
RURAL CARRIER SUSPENSIONS



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


 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.
FUNDAMENTALS OF ATTENDANCE CONTROL




       EXERCISE NUMBER 4
         SUSPENSIONS
 FUNDAMENTALS OF ATTENDANCE CONTROL



 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?
 FUNDAMENTALS OF ATTENDANCE CONTROL


 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?
FUNDAMENTALS OF ATTENDANCE CONTROL




             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.
REMOVALS – VET PREF.ELIGIBLES



THE EMPLOYEE ALSO HAS THE
RIGHT TO ANSWER THE CHARGES
EITHER IN WRITING OR IN PERSON
OR BOTH TO THE DECIDING OFFICIAL
(A HIGHER AUTHORITY).
REMOVALS – VET PREF.ELIGIBLES



 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.
 REMOVALS – VET PREF.ELIGIBLES



 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.
REMOVALS – VET PREF.ELIGIBLES



 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.
REMOVALS – VET PREF.ELIGIBLES



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




       EXERCISE NUMBER 5
           REMOVAL
 FUNDAMENTALS OF ATTENDANCE CONTROL



 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?
  FUNDAMENTALS OF ATTENDANCE CONTROL



 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?
FUNDAMENTALS OF ATTENDANCE CONTROL




            MODULE 7
          SEPARATIONS
FUNDAMENTALS OF ATTENDANCE CONTROL




SEPARATION – DISQUALIFICATION
         (ELM 365.32)
SEPARATION - DISQUALIFICATION




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




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


 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?
FUNDAMENTALS OF ATTENDANCE CONTROL




     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
SEPARATION - DISABILITY




WHOSE MEDICAL CONDITION
RENDERS THE EMPLOYEE UNABLE
TO PERFORM THE DUTIES OF THE
POSITION AND WHO IS INELIGIBLE
FOR DISABILITY RETIREMENT.
(ELM 365.341)
SEPARATION - DISABILITY




 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
SEPARATION - DISABILITY




IF THERE IS REASON TO BELIEVE
THE EMPLOYEE WILL RECOVER
WITHIN A REASONABLE LENGTH OF
TIME BEYOND THE 1-YEAR PERIOD,
THE EMPLOYEE MAY BE GRANTED
ADDITIONAL LEAVE IN 30-DAY
PERIODS, NOT TO EXCEED 90 DAYS.
SEPARATION - DISABILITY




 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
SEPARATION - DISABILITY




RECOMMENDATION AND RETAIN THE
EMPLOYEE ON THE ROLLS PENDING
A DECISION.
 SEPARATION - DISABILITY




FOR INVOLUNTARY SEPARATION,
THE NOTICE AND APPEAL
PROCEDURES OUTLINED IN THE
APPLICABLE COLLECTIVE
BARGAINING AGREEMENT IS
FOLLOWED.
SEPARATION - DISABILITY


 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
FUNDAMENTALS OF ATTENDANCE CONTROL




            MODULE 8
         CHARGE WRITING
FUNDAMENTALS OF ATTENDANCE CONTROL




    CHARGE WRITING BASICS
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.
CHARGE WRITING BASICS




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




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




 MAKE SURE YOUR CHARGE IS
 CLEAR AND SPECIFIC.
CHARGE WRITING BASICS




 CHARGE ONLY WHAT YOU CAN
 PROVE BY THE SPECIFIC
 EVIDENCE.
CHARGE WRITING BASICS




 AVOID EXTENSIVE CITATIONS TO
  SPECIFIC STATUTES OR
  REGULATIONS.
 CITE OF A LAW REQUIRES BEYOND
  A REASONABLE DOUBT LEVEL OF
  PROOF
CHARGE WRITING BASICS




 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.
CHARGE WRITING BASICS




 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.
CHARGE WRITING BASICS




 EACH CHARGE SHOULD CONTAIN,
 AS APPROPRIATE, ALL OF THE
 FOLLOWING ELEMENTS:
 ● A BRIEF STATEMENT OF THE SPECIFIC
   CHARGE, OFFENSE, OR VIOLATION.
CHARGE WRITING BASICS




● 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.
CHARGE WRITING BASICS




 AVOID MAKING MULTIPLE
 IDENTICAL CHARGES OUT OF THE
 SAME EVENT.
CHARGE WRITING BASICS



 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.
FUNDAMENTALS OF ATTENDANCE CONTROL




    CATEGORIES OF CHARGES
CATEGORIES OF CHARGES




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




 UNSATISFACTORY ATTENDANCE
 EXAMPLES:
 ● Failure to Maintain a Regular
   Schedule/Absenteeism
 ● Tardiness
 ● AWOL
FUNDAMENTALS OF ATTENDANCE CONTROL




     JUST DO IT!!!!

				
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