Conducting Disciplinary Meetings

1. Conducting Disciplinary Meetings Guidelines For Supervisors Presented by: Human Resources, OPP, January 2013

2. Points to Remember • Employee and steward have a right to know the reason for the meeting prior to the start of the meeting • Employee and steward have the right to confer prior to the start of the meeting, during the meeting, and after the meeting • Employee has the right to request a particular steward

3. Notification of Reason for Meeting • Employee and steward have a right to know the reason for the meeting prior to the start of the meeting • When the employee and steward are both present, inform them of the general nature of the meeting: “This is a disciplinary meeting to discuss____.”

4. The Right to Confer • Employee and steward have the right to confer privately prior to the start of the meeting, during the meeting, and after the meeting. They may confer: • After you inform them of the reason for the meeting, but before the meeting starts • During the meeting • After you have concluded the disciplinary meeting Caucuses are granted at the request of the employee or steward; no need to offer them the chance to confer

5. The Right to Confer • Employee/steward caucuses can not unduly delay the meeting • What does this mean? No formal rule of thumb, but I suggest that we use 5-6 minutes as a reasonable length of time. If it goes beyond that, interrupt and tell them you will reconvene in 1-2 minutes.

6. The Right to Confer • Employee/steward caucuses are for the two of them to talk privately • Employee/steward caucuses cannot be excessive & cause delay of disc. mtg. • No formal rule of thumb, but if the employee and steward request more than two caucuses during the disciplinary meeting, inform them that they will be allowed only one more (max. of three during the meeting)

7. Supervisor/Steward Relationship • The relationship should be civil and reflect mutual respect • Both the supervisor and steward may vigorously assert their positions • Neither the supervisor or steward may be “dressed down” in the presence of subordinates or coworkers

8. The Right to Request Steward of Choice • Due to a very recent PA Supreme Court ruling, the employee has the right to request a different steward or other bargaining unit employee if that person is reasonably available • What that means to us: if the steward or non-steward they want is available within 30 minutes, get them. You do not have the unduly delay the meeting to wait for another person

9. Employer Rights • To get truthful, candid answers from the employee • To conduct our disciplinary meetings without excessive delays • To control the meeting • To meet with our employees without a steward on non-disciplinary issues

10. Employer Rights • To get truthful, candid answers from the employee • The employee answers the questions, not the steward; lying during the meeting is subject to discipline • If the employee refuses to answer the questions, inform them that their refusal may be considered insubordination and may be considered grounds for summary dismissal. If they continue to refuse to answer, stop the meeting and seek advice.

11. Employer Rights • To conduct our disciplinary meetings without excessive delays • Keep caucuses generally to 5-6 minutes • Limit caucuses to up to 3 during the disciplinary meeting; this does not count the one before and the one after the meeting (up to 5 total, typically) • Remember: no need to ask if they want a caucus – they have to request one

12. Employer Rights • To control the meeting • This is your meeting - you are trying to gather facts and information pertinent to the situation • The steward may ask questions but can not answer questions on behalf of the employee; you need to answer the steward’s questions unless you feel they are completely off point or violate the privacy of another employee • The steward does not have the right to disrupt or obstruct the meeting (other than to ask for a caucus). If you believe the steward is being disruptive, stop the meeting and talk privately with the steward.

13. Employer Rights • To meet with your employees without a steward on non-disciplinary issues • Do not include a steward when meeting with an employee about issues that will not result in disciplinary action. If there is another supervisor present and the employee asks for a steward either get one or dismiss the other supervisor. If the employee insists, despite your assurances, that he/she believes the meeting could result in discipline the law requires you to get a steward or discontinue the meeting • If the discussion may result in discipline, have a steward present at the start of the meeting

14. Purpose of Disciplinary Meeting • Remember that the purpose of the disciplinary meeting is to get information from the employee • Conducting disciplinary meetings in a non-adversarial tone & manner increases the likelihood of getting the information you need

15. Resources • Resources • Susan Rutan/Ken Korbich • Disciplinary meeting “go by” cards • HR/Supervisors Resources on the WEB • Central OHR: Guide for Supervisors and HR Reps in Handling Disciplinary Meetings