ARTICLE 16 DISCIPLINE PROCEDURE

1. ARTICLE 16 DISCIPLINE PROCEDURE

2. ELM National Agreement Local Memorandum Of Understanding Policies District & Plants SOPs District & Plants Labor Relations Management Instructions APWU - JCIM NALC - JCAM NPMU - CIM Resources

3. http://blue.usps.gov/lrinfo/ • 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

4. 16.1 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.

5. Discipline ProcedureNALC • 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

6. Discipline ProcedureAPWU • 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

7. Discipline ProcedureNPMHU • 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

8. 16.2 Discussions Does an employee have a right to a union steward during an Article 16.2 discussion?

9. Determine Appropriate Corrective Action • Article 16.3 – Letter of Warning • Article 16.4 – Suspension of 14 Days or Less • Article 16.5 – Suspension of more than 14 Days • or Discharge Insufficient 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.

10. Elements of a Charge(Example) FAILURE TO FOLLOW INSTRUCTIONS - LOW • Proper instructions were given to employee • Employee failed to follow instructions • No regard to element of intent Element #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.

11. 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 ChargesAttendance or Performance?

12. Elementsof Just Cause • Was a thoroughinvestigation 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? • Is there a rule? • Is the rule reasonable? • Is the rule equitably enforced? • Was the discipline taken in a timely manner?

13. 16.7 Emergency Procedure • 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?

14. 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. 16.8 Review of Discipline

15. 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 JobTitle/Level Discipline Request Package

16. Summary • 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.