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BAY-VALLEY DISTRICT LABOR RELATIONS
ARTICLE 16
DISCIPLINE PROCEDURE
BAY-VALLEY DISTRICT LABOR RELATIONS
Resources
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ELM
National Agreement
Local Memorandum
Of Understanding
Policies
District & Plants
SOPs
District & Plants
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Labor Relations
Management Instructions
APWU - JCIM
NALC - JCAM
NPMU - CIM
BAY-VALLEY DISTRICT LABOR RELATIONS
http://blue.usps.gov/lrinfo/
References
•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
BAY-VALLEY DISTRICT LABOR RELATIONS
16.1 Principles
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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.
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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 nonunion workplaces, where an employee may be fired for no
reason or for almost any reason at all.
BAY-VALLEY DISTRICT LABOR RELATIONS
Discipline Procedure
NALC
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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
BAY-VALLEY DISTRICT LABOR RELATIONS
Discipline Procedure
APWU
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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
BAY-VALLEY DISTRICT LABOR RELATIONS
Discipline Procedure
NPMHU
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Section 16.1
Section 16.2
Section 16.3
Section 16.4.
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Section 16.5
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Section 16.6
Section 16.7
Section 16.8
Section 16.9
Section 16.10
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Statement of Principle
Discussions
Letter of Warning
Suspensions of Less than
14-Days
Suspension of 14 or More Days or
Discharge
Indefinite Suspension Crime Situation
Emergency Procedure
Review of Discipline
Veterans’ Preference
Employee Discipline Records
BAY-VALLEY DISTRICT LABOR RELATIONS
16.2 Discussions
Does an employee have a right
to a union steward during an
Article 16.2 discussion?
BAY-VALLEY DISTRICT LABOR RELATIONS
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.
BAY-VALLEY DISTRICT LABOR RELATIONS
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.
BAY-VALLEY DISTRICT LABOR RELATIONS
Charges
Attendance or Performance?
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Unauthorized O.T. / Penalty O.T.
• Irregular Attendance
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• AWOL
• Unacceptable Conduct
• Unsafe Act
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• Failure To Follow
Instructions
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• Unacceptable Work Performance
• Etc. . . . . .
Charge Only What You
Can Prove
Be Specific
Provide Evidence
BAY-VALLEY DISTRICT LABOR RELATIONS
Elements of Just Cause
• Is there a rule?
• Was a thorough
investigation completed?
• Is the rule reasonable?
• Was the severity
reasonably related to the
charge, in line with that
usually administered and
in line with the
employee’s past record?
• Is the rule equitably
enforced?
• Was the discipline taken
in a timely manner?
• Was the discipline
corrective rather than
punitive?
BAY-VALLEY DISTRICT LABOR RELATIONS
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?
BAY-VALLEY DISTRICT LABOR RELATIONS
16.8 Review of Discipline
• 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.
BAY-VALLEY DISTRICT LABOR RELATIONS
Discipline Request Package
 Complete and thorough
investigation
 Review and Concurrence
(not required for LOW)
 Info
• Enter on Duty Date
• Veteran Preference
• Job Title/Level
 Discipline Request Form complete
 Pre-Disciplinary Interview
notes - typewritten or legible
 Supporting Documentation
 Witness Statements
 3971s/3972s
 Pictures
BAY-VALLEY DISTRICT LABOR RELATIONS
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.
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