Progressive Discipline/fbor

Front 1

Progressive discipline - Non-disciplinary step

Back 1

Oral coaching/counseling

Front 2

Progressive Discipline step - Non-punitive

Back 2

Oral reprimand

Front 3

Progressive Discipline steps - punitive

Back 3

Written reprimand

Suspension

Reduction in pay

Demotion

Discharge

Involuntary transfer

Front 4

Does an oral reprimand meet the interview requirements of the act?

Back 4

No

Oral Reprimand is not a punitive action

Front 5

What must be made clear during an oral reprimand?

Back 5

1. Specific problem and corrective action to take.
2. Offer assistance
3. Document in writing and give copy to employee

Front 6

Where does the document from an oral reprimand get placed?

Back 6

1. In drop file in station.
2. Not in personnel file
3. Note on ROP

Front 7

Should the oral notification be written in disciplinary format?

Back 7

1. NO
2. Should be void of references to disciplinary action

Front 8

Is an oral notifcation a tool to correct or tool to punish?

Back 8

- Tool to correct

- Coaching should begin the moment the manager first notices the action.

Front 9

What is a written reprimand?

Back 9

Official notification that behavior will not be tolerated.

Front 10

What format is reprimand written in and who prepares it?

Back 10

1. Memo format
2. CO responsible for preparing documentation
3. Manager or designee responsible for writing it.

4. HR to review prior to presenting it.

- No right to union rep but allowed if requested

Front 11

How many areas are to be covered in written reprimand and what are they?

Back 11

Six areas
1. Reason
2. Specific nature of failure
3. Review of previous corrective actions
4. Statement of policies violated and expectation
5. Possible future actions if no improvement
6. Signature of employee

Front 12

What to do if employee will not sign?

Back 12

FC to indicate it and sign it himself.

Front 13

Can an employee appeal a written reprimand?

Back 13

1. Yes, per the Administrative Procedures Act.
2. Employee has access to all documents that were foundation to discipline
3. Employee can file rebuttal to attach to reprimand

Front 14

Can the reprimand be discussed at all with employee or union rep outside of meeting?

Back 14

NO

Front 15

Who else must be present at meeting other than employee and union rep?

Back 15

HR

Front 16

What are the two practical guides to progressive discipline?

Back 16

1. Reasonable judgment
2. Rational criteria

Front 17

Discipline is what happens after what three things fail?

Back 17

1. Mentoring
2. Coaching
3. Counseling

Front 18

When should documentation on a potential issue begin?

Back 18

As soon as it is noticed

Front 19

Property rights

Back 19

1. Public sector employees have property rights over job.
2. Due Process required to take "property" away

Front 20

Weingarten Rights

Back 20

Says that employees have a right to representation during disciplinary interviews or any discussion the employee believes could lead to discipline.

Front 21

What are the three criteria as to when an employee is subject to representation?

Back 21

1. Must reasonably believe that interview could result in disciplinary action
2. Employee must request representation
3. Request cannot unduly interfere with legitimate need of employer.

Front 22

Drop file

Back 22

1. Do not keep for longer than one year or one rating period.
2. Before placing adverse comments in file, give FF opportunity to read and sign docs

Front 23

What to consider before discipline

Back 23

1. Circumstances
2. Seriousness of action
3. Consequences of action
4. Intent of employee
5. Action taken in similar situations.

Front 24

Probationary employee

Back 24

1. Can be rejected without cause or right to appeal
2. Rejection during initial probationary period is not considered a disciplinary act
3. Can be disciplined the same as regular employee though.

Front 25

Promotional probationary employee

Back 25

1. Has rights to appeal
2. Has right to previous job back if does not successfully complete probation

Front 26

Can a permanent employee only be disciplined for cause and with due process?

Back 26

YES

Front 27

Skelly Rights

Back 27

- Employee has the right to meet and address the charges before disciplinary action is implemented.
- Designed to allow the employee to present their side

- "State will not deprive of property without Due Process"

Front 28

Where are the essential job functions outlined for a fitness for duty evaluation?

Back 28

Under job description tab on HR site on SP

Front 29

Discipline for off-duty behavior

Back 29

- Must have sufficient nexus (connection to employment)

Front 30

What does FBOR do?

Back 30

Establishes formal procedures for investigation, interrogation and appeals process. Also addresses right to political activity

Front 31

Do requirements of act apply when conducting investigation into allegations of harassment or off-duty activities?

Back 31

No. Activity falls out of scope of employment.

Front 32

Are witnesses entitled to representation?

Back 32

No

Front 33

Can a supervisor engage in casual questioning about possible misconduct if possibility of punitive discipline exists?

Back 33

No

Front 34

Interview requirements

Back 34

1. Reasonable hour and on-duty
2. Inform of name and rank of interview and all attending
3. Only one person can ask questions
4. Inform of nature of investigation prior to interview
5. Reasonable length
6. No threats of punishment or promises of reward

Front 35

Does the employee have the right to record the interview?

Back 35

- Yes
- Except for ones that law requires be kept confidential

Front 36

Can an employee be transferred temporarily prior to discipline?

Back 36

No

Front 37

Notice of Intent of Disciplinary Action

Back 37

1. Only used for discipline worse than written reprimand
2. Has 8 sections to it
3. Employee has 14 days to request an appeal. (Skelly meeting)

Front 38

Skelly meeting

Back 38

- Step one in process

- Employee has 14 days to request one once they receive NOI.

- Conducted by BC or DC

- OCFA to send Notice of Determination within 14 days following meeting

--- Upheld, withdrawn, reduced

Front 39

Disciplinary Action Appeal

Back 39

- Step two in process

- Asst. Chief to meet with employee

- Termination or probationary release can due to discrimination can begin at this step.

Front 40

Mediation/Arbitration

Back 40

- Burden of proof is on OCFA

- If discipline is imposed by Fire Chief, employee can go straight to this step.

- Arbitrator can affirm, modify or revoke

- Considered binding and final

Front 41

Workplace Violence

Back 41

- Includes threats to cause bodily harm and yelling

- Does not need to be based on protected class

Front 42

Harrassment

Back 42

UNWELCOMED verbal, visual or physical conduct that creates a hostile or abusive working environment

- Based on protected class

- conduct must be offensive both to individual who complains and "reasonable person"

- Must immediately be reported to supervisor

Front 43

Harrassment - Types of conduct

Back 43

- Verbal conduct - jokes, racial slurs, demeaning comments

- Physical conduct - blocking mvmt, unwanted touching

- Visual - leering, bad pictures, magazines

- Unwelcomed sexual behavior - propositions, flirtation, gestures

Front 44

Intent of discipline

Back 44

- Take a good employee who made a bad choice and cause the right choice next time.

- Discipline should be corrective not punitive

- Amount of discipline is least amount necessary to improve performance/correct conduct

Front 45

2 exceptions to "praise in public, discipline in private"

Back 45

1. Unsafe acts

2. Inappropriate comments

Front 46

4 times union representation not allowed

Back 46

1. Critique of incident

2. Employee evaluation

3. Unplanned contact with supervisor

4. Meeting will not result in formal discipline

Front 47

2 items probationary employee cannot be discharged for without cause

Back 47

1. Harassment

2. Discrimination

Front 48

Typical order of interviews

Back 48

1. Complainant

2. Witnesses

3. Suspect

Front 49

8 step employee counseling process

Back 49

1. Friendly greeting

2. Reason for meeting

3. Employee explanation

4. Supervisor review

5. Violation

6. Plan of action

7. Review of plan and summarize meeting

8. Positive close