Rights Review

We all can agree that there are instances where discipline is necessary, otherwise workplaces could turn into chaos if certain behaviors are not corrected. Adverse and disciplinary actions are made to correct bad or innapropriate behavor, however, it should never be used as a tool for punishment. Let's dive into Article 14 and explore what your rights are if you have a proposed action against you:

1. All disciplinary action must be only for a just and sufficient cause, if it is for an unfair, unjustifiable reason, we may file a Grievance over it.

2. Disciplinary actions will only be used to promote the efficiency of the service, which means that it is a tool to correct and improve behaviors, not to punish employees.

3. For title 5 employees, a disciplinary action is an admonishment, reprimand or suspension of 14 days or less and adverse actions are removals, suspensions of more than 14 days, reduction in pay or grade, or furloughs of 30 days or less.

4. For title 38 employees, a disciplinary action is an admonishment or reprimand for misconduct and a major adverse action may be a suspension, transfer, reduction in grade or basic pay, or discharge for misconduct.

5. Admonishments and reprimands remain on employees files for 6 months, unless the behavor has not been corrected.

6. Admonishments may last up to a maximum of 2 years on an employees file and reprimands may last up to a maximum of 3 years.

7. Our advice is for employees to submit a request for removal from their file at the 6 month mark, do not assume that it has been automatically removed.

8. Nobody should be reassigned as a form of discipline, unless appropriate procedures are followed.

9. Our supplemental endorses the use of alternative forms of discipline as, for example, in-lieu suspensions and last chance agreements. This concept may be applied on a case-by-case basis.

10. Disciplinary actions must not be used to harass employees and must be applied fairly and equitably Section 6.

11. For any proposals, employees are entitled to a 14 day advance written notice.

12. Employees may request up to eight hours of time to review evidence. The agency must provide any documents in the evidence file to the employee and/or Union Representative upon request.

13. The employee or Representative has up to 10 calendar days to respond to the written proposal. Extensions may be granted for good cause.

14. Management will issue a written decision at the earliest day possible and it must include the following: the reason for the disciplinary action and a statement of findings and conclusions as to each charge Section 7C.

15. If you believe that the proposed action is unfair and/or unjust, we may file a Grievance over it.

16. If a suspension, adverse action or major adverse action is proposed, employees must receive a written notification with 30 days in advance.

17. Employees are in trial or probationary status are not entitled to these provisions, so please, always be on your best behavior, but most especially if you are still on probation Section 8 D.

Receiving a disciplinary action can be intimidating and scary, however it is not the end. Nobody wants to be disciplined, but we must always maintain self-awareness. Evaluate your behavior, the evidence at hand and think if the discipline proposed if warranted or unfair. No matter what the situation is, if employees are breaking policy or are engaging in inappropriate behavior, most times discipline is warranted. Please remember, always be on your best behavior, always keep communications in writing and establish a paper trail, and if the time ever comes, you will be prepared to fight against any unfair and unjust form of discipline, and we will help you fight along the way.

If you would like to request a Grievance Filing, click here to get the process started.

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