Discipline and Grievance Procedures

1. Discipline and Grievance Procedures Aspire Cindy Edwards

2. Goals and Objectives • Learn reasons for taking disciplinary action • Understand the importance of proper documentation • Understand the key points in the discipline/grievance process • Become familiar with UNC Charlotte’s policy and procedure • Learn the steps in the disciplinary process

3. Purpose of Disciplinary Action • To provide a fair, clear and useful tool for correcting and improving performance problems as well as to provide a process to assist management in handling instances of unacceptable personal conduct

4. Why? • Correct/improve performance and/or work behavior • Provide specifics to employee • Maintain consistency in the work unit • Document

5. Just Cause • Insubordination • Unacceptable Personal Conduct • Unsatisfactory Job Performance • Gross Inefficiency

6. Unresolved Incident • Act of unacceptable personal conduct, unsatisfactory job performance or grossly inefficient job performance for which no disciplinary action has previously been taken by the agency

7. Insubordination • Willful failure or refusal to carry out a reasonable order from an authorized supervisor. NO

8. Examples of Insubordination • Receptionist is asked to assist a visitor and refuses because she does not like to be interrupted. • Mechanic is asked to take a state car for a test drive to see what is wrong with it and refuses because he doesn’t think it is necessary.

9. Conduct for which no reasonable person should expect to receive prior warning Violation of state or federal law Willful violation of known or written work rules Falsification of employment documentation Conduct unbecoming a State employee that is detrimental to State service (including criminal convictions) Abuse of person over whom the employee has charge Absence from work after leave and benefits is exhausted Unacceptable Personal Conduct

10. Examples of Unacceptable Personal Conduct • Swearing at a supervisor or subordinate • Falsification of employment or other documentation (expense reports, work orders, etc.) • Conviction of drug possession with intent to distribute • Missing work without leave to cover the time period

11. Unsatisfactory Job Performance • Work related performance that fails to satisfactorily meet job requirements as set out in the relevant job description, work plan, or as directed by the management of the work unit or agency

12. Examples of Unsatisfactory Job Performance • Excessive absenteeism • Failure to complete assignments when they are due • Excessive errors in completed work • Excessive call backs on repairs • Tardiness • Lost files/equipment due to disorganization

13. Grossly Inefficient Job Performance • Unsatisfactory job performance that causes or results in: (1) death or serious bodily injury (or creates conditions that increase the chance for such) to an employee(s) or other person(s) or (2) the loss of or damage to state property or funds that results in a serious adverse impact on the State and/or work unit

14. Examples of Grossly Inefficient Job Performance • Employee on a trip with a state vehicle drinks and has an accident • Employee leaves a bank deposit containing $10,000 cash on the sink in the restroom and it is stolen • Employee leaves live wires exposed with no warning signs posted and another employee gets severe burns from touching

15. Types of Discipline • Oral Counseling Session (not considered as a formal disciplinary action) • Written Warning • Suspension without pay • Demotion • Dismissal

16. Disciplinary Process – Oral Counseling • Recommended first response to unsatisfactory performance • Supervisor conducts counseling session • Problem areas are identified and discussed • Improvement plan and time frame are discussed and noted by supervisor • Supervisor maintains record of session • Not considered part of “formal” disciplinary process

17. Written Warning • A written statement of an unresolved incident of unsatisfactory performance

18. Written Warning - Required • State it is a warning • Specific conduct or performance • Specific performance or conduct improvements • Indicate timeframe (if not included defaults to 60 days for unacceptable job performance and immediately for grossly inefficient job performance or personal conduct)

19. Written Warning - Continued • State consequences of failing to make required improvements/corrections • Give appeal rights provided by agency policy or state law • If second written warning, should encourage use of Employee Assistance Program (EAP)

20. Written Warning Process • Supervisor prepares draft and forwards to Employee Relations Manager • ER Manager reviews draft and makes any recommendations and/or corrections • Approved draft is returned to Supervisor • Supervisor schedules time to meet with employee

21. Written Warning Process • Employee and supervisor discuss warning • Supervisor gives employee copy of warning • Supervisor forwards final written warning to ER Manager for inclusion in the employee’s disciplinary file (kept separate from personnel file) • Written warning remains active for 18 months from date on warning

22. Suspension without pay • Employee is not permitted to work for a defined period of time without receiving pay. Employees are not permitted to apply leave toward a suspension without pay • 5 or 10 days

23. Demotion • Employee is subject to an action that lowers the salary within their current pay grade or is placed in a position at a lower pay grade, with or without lowering the employee’s salary, involuntarily

24. Dismissal • Involuntary termination of employment

25. Suspension Without Pay, Demotion, Dismissal • Supervisor submits memorandum to Employee Relations Manager documenting just cause for action • ER Manager determines if requested action may be used as disciplinary action • ER Manager schedules a predisciplinary conference with employee (giving advance notice and the reason for the conference) to discuss supervisor’s recommendation

26. Pre-Disciplinary Conference • Advance notice • Occurs between Employee Relations Manager and Employee • No side may be represented by attorney • Security may be present

27. Predisciplinary Conference • Employee is given oral or written notice of recommendation and a summary of the supporting facts • Employee is given an opportunity to respond to recommendation and offer facts supporting another course of action

28. Suspension Without Pay, Demotion, or Dismissal • Decision is made after the beginning of the next business day following the day of the employee’s conference with the Employee Relations Manager • Decision may be (1) approve supervisor’s recommendation, (2) recommend lessor action, (3) recommend more severe action • Employee and supervisor are notified in writing of decision

29. Suspension Without Pay • Normally, either one or two weeks • Supervisor decides when employee will be on suspension • Payroll is notified to reduce pay • Employee is expected to return to work on the next business day following the last day of suspension • Documented in employee’s disciplinary file

30. Demotion • May be with or without decrease in pay/salary grade • Reflected in employee’s disciplinary file • May affect salary decisions in promotions or reallocations if done within 12 months of demotion

31. Dismissal • Two week notice is given if dismissal is for unsatisfactory performance issues • Two week in lieu of notice may be paid • No notice is required if for personnel conduct or grossly inefficient performance issues • Last day worked is considered separation date

32. Unsatisfactory Job Performance

33. Unacceptable Personal Conduct or Grossly Inefficient Job Performance

34. Considerations in Applying Discipline • Performance record of employee • How have others been treated • Practices in work unit • Recurring problem or one time shot

35. Individually/Private Ask for explanation Focus on performance, not employee Opportunity to learn the correct way Review past work record prior to talking with employee Check policies/procedures relating to issue Look at long term, not short term Consistency Don’t apologize Don’t get emotional Correcting Employee Performance

36. Questions/Comments

37. Grievance and Appeal Procedures • Provide for the orderly settlement of problems and differences • Formal review process

38. Career Status Employee • Permanent position appointment • Continuously employed by the State of North Carolina in a position subject to the State Personnel Act for the immediate 24 preceding months

39. Demotion Suspension Dismissal Reduction In Force Illegal Discrimination Denial of Promotional Priority Denial of Priority Reemployment Denial of Veteran’s Preference Denial of the removal of false and misleading information from the personnel file Performance Pay Grieveable Issues

40. Grievance Procedures • Supervisor • Employee Relations Manager • Administrative Official • Hearing Panel • Vice Chancellor • Office of State Personnel/Administrative Law Judge • Office of State Personnel/Personnel Commission

41. Grievance Process • Step 1 - Informal Discussion(s): Presented to immediate supervisor within 15 calendar days • Referred to proper supervisory level within 2 working days • Verbal response given within 5 working days

42. Grievance Process • Mutual agreement by both parties that continued efforts to resolve the grievance through informal discussion(s) are worthwhile will automatically suspend the time limited required for notification of the Employee Relations Manager until an impasse is acknowledged by either party or 10 additional working days have passed

43. Grievance Procedures • If employee cannot discuss the matter with immediate supervisor, Employee Relations Manager in HR department may be contacted first

44. Grievance Procedures • Step 2 - Formal Grievance • Must be in writing, signed by employee • Must identify the policy or rule alleged to have been violated • Must contain a concise statement of the facts surrounding grievance • Must contain any remedy sought

45. Grievance Procedures • Upon receipt of a written grievance, the Employee Relations Manager shall provide grievant a copy of the current policy governing the Grievance and Appeal procedures for SPA employees • Grievance referred to appropriate administrative official (Director, Department Chair, Dean, etc.)

46. Grievance Procedures • Meeting is scheduled with grievant within five working days to be held within 15 working days • Written decision from administrative official within 5 working days following meeting

47. Grievance Procedures • Step 3 - Review by Staff Grievance Committee • Requests for review must be submitted within 5 working days from administrative official’s written decision (or expiration of time permitted for such a decision)

48. Grievance Procedures • After going through Step 1, career employees who have been dismissed may proceed directly to Step 3, review by Hearing Panel • Requests for review must be made within five working days after immediate supervisor/administrative official’s response in Step 1

49. Grievance Procedures • Career employees with permanent position appointments may file a grievance requesting that a performance evaluation/pay dispute be reviewed by a Hearing Panel of the Staff Grievance Committee • Submitted within 15 working days

50. Grievance Panel • Chancellor appoints 12 members, 4 of which are designated Hearing Chairs