Transcript HIGHER LEVEL TEMPORARY ASSIGNMENT

FUNDAMENTALS OF
ATTENDANCE CONTROL
FUNDAMENTALS OF ATTENDANCE CONTROL
BACK TO THE BASICS
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 1
TYPES OF LEAVE
FUNDAMENTALS OF ATTENDANCE CONTROL
 SL
 AL
 LWOP
 AWOL
 FMLA
FUNDAMENTALS OF ATTENDANCE CONTROL
 UNION REPRESENTATION
 POSTAL POLICIES
 LONG TERM LEAVE ISSUES
 FAMILY REQUIREMENTS
 TOO MUCH WORK
 ERMS
 LR ASSISTANCE
FUNDAMENTALS OF ATTENDANCE CONTROL
WHAT CAN I DO?
FUNDAMENTALS OF ATTENDANCE CONTROL
ESTABLISH AN EXPECTATION
ESTABLISH A EXPECTATION
 HOW?
● FOLLOW POSTAL POLICY
● PUT IT IN YOUR OWN WORDS NOT ELM
CITES
● COMPLY WITH THE CONTRACTS AND
LAW
● CLEAR WITH YOUR MANAGER
● INFORM THE UNION & STEWARD(S)
● COMMUNICATE THE EXPECTATION TO
YOUR EMPLOYEES
FUNDAMENTALS OF ATTENDANCE CONTROL
COMMUNICATE THE EXPECTATION
COMMUNICATE THE EXPECTATION
 COMMUNICATE
● STAND UP TALKS TO GROUPS
● TALK TO INDIVIDUAL EMPLOYEE
● CLEAR AND CONSISTENT POLICY
● USE A “BAG OF TRICKS”
● FOCUS ON LONG-TERM SOLUTION
● NIKE MOTTO “JUST DO IT”
FUNDAMENTALS OF ATTENDANCE CONTROL
ENFORCE THE EXPECTATION
ENFORCE THE EXPECTATION
 ENFORCE THE EXPECTATION
● HOW?
● WHY?
● WHEN?
ENFORCE THE EXPECTATION
 HOW?
● COMMUNICATION
● CLEAR AND CONSISTENT
● VERBAL AT FIRST
● FACE TO FACE
● IN PRIVATE
● GO TO THE NEXT STEP
ENFORCE THE EXPECTATION
 WHY?
● NO ENFORCEMENT = NO
EXPECTATION
● FAIR TO ALL EMPLOYEES
● 65% MOTIVATED/ 9% NON-MOTIVATED/
26% NOT DECIDED
ENFORCE THE EXPECTATION
 WHEN?
● WHEN EMPLOYEES ENTER YOUR
WORK LOCATION
NEW EMPLOYEE
NEW BID ASSIGNMENT
TRANSFER/REASSIGNMENT
● UPON RETURN FROM EVERY
UNSCHEDULED ABSENCE
● ONCE EACH QUARTER
FUNDAMENTALS OF ATTENDANCE CONTROL
JANICE SMITH IS A CLERK WHO HAS WORKED
FOR YOU FOR THREE YEARS. SHE HAS AN
ATTENDANCE RECORD WHICH MEETS YOUR
STANDARD. YESTERDAY SHE CALLED IN SICK
IN CONJUNCTION WITH HER NON SCHEDULED
DAY.
WHAT WILL YOU DO UPON HER RETURN TO
DUTY?
FUNDAMENTALS OF ATTENDANCE CONTROL
SAM JONES IS A MAILHANDLER WHO
RECENTLY BID INTO YOUR WORK LOCATION.
HE HAS FOUR YEARS OF SERVICE. YOU HAVE
REVIEWED HIS 3972 AND FIND THAT IT DOES
NOT MEET YOUR ATTENDANCE STANDARD.
WHAT WILL YOU DO?
FUNDAMENTALS OF ATTENDANCE CONTROL
JANICE SMITH IS A NEWLY HIRED CLERK. SHE
HAS REPORTED TO YOU AFTER HER
ORIENTATION ON THE THIRD DAY OF HER
EMPLOYMENT.
WHAT WILL YOU SAY TO HER CONCERNING
YOUR ATTENDANCE STANDARD?
FUNDAMENTALS OF ATTENDANCE CONTROL
SAM JONES IS A MAILHANDLER WHO WAS
RECENTLY EXCESSED INTO YOUR WORK
LOCATION. HE PREVIOUSLY WAS A DCO AT A
REMOTE ENCODING CENTER.
WHAT WILL YOU DISCUSS WITH HIM ON HIS
FIRST DAY IN YOUR UNIT?
WHAT WILL YOU DO BEFORE YOUR
DISCUSSION?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 2
DEFINITIONS
FUNDAMENTALS OF ATTENDANCE CONTROL
 REGULAR IN ATTENDANCE
● WHAT IS IT?
● WHAT DOES IT MEAN?
● HOW DO I USE IT?
● DO I SET THE STANDARD BY
EXAMPLE?
REGULAR IN ATTENDANCE
 COME TO WORK WHEN
SCHEDULED
 COME TO WORK ON-TIME
 BE READY TO START AT CLOCK IN
REGULAR IN ATTENDANCE
 WHAT DOES IT MEAN?
● PERFECT ATTENDANCE
● SICK LEAVE IS INSURANCE
● BE FAIR
REGULAR IN ATTENDANCE
 HOW DO I USE IT?
● COMMUNICATE THE EXPECTATION
● BE FAIR
● BE CONSISTENT
● NO DISCRIMINATION
● ADDRESS EACH INSTANCE BASED ON
EMPLOYEE’S RECORD
● BE PROFESSIONAL
REGULAR IN ATTENDANCE
 DO I SET THE STANDARD BY MY
EXAMPLE?
● EMPLOYEES WATCH WHAT WE DO
● EXCEED YOUR STANDARD FOR
EMPLOYEES
FUNDAMENTALS OF ATTENDANCE CONTROL
DISCUSSION VS PRE-DISCIPLINARY
INTERVIEW
DISCUSSION VS. PDI
 DISCUSSIONS AND PRE-
DISCIPLINARY INTERVIEWS (PDI)
HAVE TWO DISTINCT MEANINGS.
DISCUSSIONS
DISCUSSIONS ARE HELD FOR MINOR
OFFENSES IN ATTEMPT TO CORRECT
THE BEHAVIOR. SUCH DISCUSSIONS
ARE NOT CONSIDERED DISCIPLINE.
DISCUSSIONS
THE DISCUSSION IS NOT AN
INVESTIGATION AND IS NOT
DISCIPLINE BUT RATHER PUTS AN
EMPLOYEE ON WARNING
CONCERNING THEIR BEHAVIOR.
DISCUSSIONS
 BE POSITIVE
 BE PREPARED
 KEEP IT SHORT
 COVER ALL ISSUES
 GET FEEDBACK FROM EMPLOYEE
 TRY FOR EMPLOYEE BUY IN
 OFFER ASSISTANCE IF YOU BELIEVE IT
IS NECESSARY
PRE-DISCIPLINARY INTERVIEW (PDI)
 PRE-DISCIPLINARY INTERVIEW
(PDI) MUST TAKE PLACE PRIOR TO
THE ISSUANCE OF ANY
DISCIPLINARY ACTION.
 THE PDI IS THE EMPLOYEE’S
OPPORTUNITY TO GIVE THEIR SIDE
OF THE STORY.
PRE-DISCIPLINARY INTERVIEW (PDI)
 THE EMPLOYEE MUST BE
INFORMED THAT THE PDI MAY LEAD
TO DISCIPLINE.
PRE-DISCIPLINARY INTERVIEW (PDI)
 IF AN EMPLOYEE REQUESTS UNION
REPRESENTATION THEIR REQUEST
CANNOT BE DENIED.
PRE-DISCIPLINARY INTERVIEW (PDI)
 IT MUST BE REMEMBERED,
HOWEVER, THAT THE RIGHT TO A
STEWARD IS THE EMPLOYEE’S
RIGHT AND NOT THE UNION’S.
THUS, TO BE ACTIVATED, THE
EMPLOYEE MUST REQUEST THE
PRESENCE OF A UNION
REPRESENTATIVE
PRE-DISCIPLINARY INTERVIEW (PDI)
 THE UNION CANNOT EXERCISE
THESE RIGHTS ON THE
EMPLOYEE’S BEHALF.
ADDITIONALLY, MANAGEMENT IS
NOT REQUIRED TO INFORM AN
EMPLOYEE OF HIS/HER RIGHTS.
PRE-DISCIPLINARY INTERVIEW (PDI)
 DURING A PDI, THE EMPLOYEE HAS
THE RIGHT TO THE STEWARD’S
ASSISTANCE; THE STEWARD IS
NOT REQUIRED TO BE A SILENT
WITNESS.
 LISTEN AND NOTE WHAT
EMPLOYEE STATES
 AFTER PDI, CONSIDER EMPLOYEE
INPUT BEFORE MAKING A DECISION
PRE-DISCIPLINARY INTERVIEW (PDI)
THE PDI IS A PART OF YOUR
INVESTIGATION
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 1
DISCUSSION
FUNDAMENTALS OF ATTENDANCE CONTROL
 Janice Smith is a clerk with 7 years of
service. Her attendance has been
generally good until recently. In the past 6
weeks she has used 8 hours of
unscheduled SL on one day. She has
used 8 hours EAL. She has been .50 late
and .75 late on two separate occasions.
You are her supervisor.
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
 Sam Jones is a mailhandler with 4 years of
service. During his quarterly review you
discussed his constant tardy behavior, at
least one per week. Now 2 weeks later he
is again 15 minutes late reporting for
work.
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 3
JUST CAUSE
JUST CAUSE
 ARTICLE 16 OF THE NATIONAL
AGREEMENT STATES THAT “NO
EMPLOYEE MAY BE DISCIPLINED
OR DISCHARGED EXCEPT FOR
JUST CAUSE SUCH AS, BUT NOT
LIMITED TO,
JUST CAUSE
INSUBORDINATION, PILFERAGE,
INTOXICATION, INCOMPETENCE,
FAILURE TO PERFORM WORK AS
REQUESTED, VIOLATION OF THE
TERMS OF THIS AGREEMENT, OR
FAILURE TO OBSERVE SAFETY
RULES AND REGULATIONS”.
JUST CAUSE
 ALTHOUGH CITING SOME
EXAMPLES, THE CONTRACT DOES
NOT CLEARLY DEFINE JUST
CAUSE.
JUST CAUSE
 TO HELP DETERMINE IF JUST
CAUSE EXISTS WE USE THE “TEST
OF JUST CAUSE” STANDARD.
JUST CAUSE
A “NO” ANSWER TO ANY OF THESE
QUESTIONS INDICATES THAT THERE
WAS NOT PROPER CAUSE FOR THE
DISCIPLINARY ACTION TAKEN.
JUST CAUSE
 IS THERE A EXPECTATION?
● IF SO, WAS THE EMPLOYEE AWARE OF
THE EXPECTATION? WAS THE
EMPLOYEE FOREWARNED OF THE
DISCIPLINARY CONSEQUENCE FOR
FAILURE TO FOLLOW THE
EXPECTATION?
JUST CAUSE
 IS THE EXPECTATION
REASONABLE?
● WAS THE EMPLOYER’S EXPECTATION
OR MANAGERIAL ORDER
REASONABLY RELATED TO THE
ORDERLY, EFFICIENT AND SAFE
OPERATION OF THE COMPANY’S
BUSINESS?
JUST CAUSE
 WAS A THOROUGH INVESTIGATION
COMPLETED?
● DID THE EMPLOYER, BEFORE
ADMINISTRATING DISCIPLINE, MAKE
AN EFFORT TO DISCOVER WHETHER
THE EMPLOYEE VIOLATED OR
DISOBEYED A EXPECTATION OR
ORDER OF MANAGEMENT?
JUST CAUSE
● WAS THIS INVESTIGATION
CONDUCTED FAIRLY AND
OBJECTIVELY?
JUST CAUSE
● HAS THE EMPLOYER APPLIED ITS
EXPECTATIONS, ORDERS, AND
PENALTIES EVENHANDEDLY, AND
WITHOUT DISCRIMINATION TO ALL
EMPLOYEES?
JUST CAUSE
 IS THE EXPECTATION
CONSISTENTLY APPLIED?
● DURING THE INVESTIGATION, DID THE
EMPLOYER OBTAIN SUBSTANTIAL
EVIDENCE OR PROOF THAT THE
EMPLOYEE COMMITTED THE
INFRACTION.
JUST CAUSE
 WAS THE SEVERITY OF THE
DISCIPLINE REASONABLY RELATED
TO THE INFRACTION ITSELF AND IN
LINE WITH WHAT IS USUALLY
ADMINISTERED, AS WELL AS TO
THE SERIOUSNESS OF THE
EMPLOYEE’S PAST RECORD?
JUST CAUSE
● WAS THE DEGREE OF DISCIPLINE
ADMINISTERED BY THE EMPLOYER
REASONABLY RELATED TO:
THE SERIOUSNESS OF THE PROVEN
OFFENSE AND
 THE RECORD OF THE EMPLOYEE’S
SERVICE?

JUST CAUSE
 WAS THE DISCIPLINARY ACTION TAKEN
IN A TIMELY MANNER?
● DISCIPLINARY ACTIONS SHOULD BE
TAKEN AS PROMPTLY AS POSSIBLE
AFTER THE OFFENSE HAS BEEN
COMMITTED.
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 2
PRE-DISCIPLINARY INTERVIEW
FUNDAMENTALS OF ATTENDANCE CONTROL
 Janice Smith has had a discussion
concerning her attendance. Since the
discussion four weeks ago, she has been
tardy once each week for two weeks. She
called in unscheduled SL this week.
 What do you propose for Janice as her
supervisor?
FUNDAMENTALS OF ATTENDANCE CONTROL
 Sam Jones had a discussion concerning
his attendance three weeks ago.
Yesterday he called in for EAL.
 As his supervisor what will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 4
DUE PROCESS
DUE PROCESS
 THE ESSENTIAL REQUIREMENTS
OF DUE PROCESS ARE NOTICE AND
AN OPPORTUNITY TO RESPOND.
THE OPPORTUNITY TO PRESENT
REASONS, EITHER IN PERSON OR
IN WRITING IS A FUNDAMENTAL
DUE PROCESS REQUIREMENT.
DUE PROCESS
 …THE EMPLOYEE IS ENTITLED TO
NOTICE OF THE CHARGES AGAINST
HIM, AN EXPLANATION OF THE
EMPLOYER’S EVIDENCE, AND AN
OPPORTUNITY TO PRESENT HIS
SIDE OF THE STORY.
DUE PROCESS
 FOR POSTAL BARGAINING UNIT
EMPLOYEES THIS INCLUDES A
WRITTEN NOTICE OF CHARGES
AND THE RIGHT TO FILE A
GRIEVANCE.
DUE PROCESS
 THE EMPLOYEE MUST BE GIVEN
THE APPROPRIATE CONTRACTUAL
NOTICE PERIOD AND THE
APPROPRIATE GRIEVANCE RIGHTS
IN EFFECT AT THE TIME OF
ISSUANCE.
FUNDAMENTALS OF ATTENDANCE CONTROL
REVIEW AND CONCURRENCE
REVIEW AND C0NCURRENCE
 THE NATIONAL AGREEMENTS FOR
THE FOUR MAJOR UNIONS
REQUIRE THAT ALL SUSPENSIONS
AND DISCHARGES MUST BE
REVIEWED AND CONCURRED.
REVIEW AND C0NCURRENCE
 THE APWU AND NALC AGREEMENT
REQUIRES THE REVIEW AND
CONCURRENCE BE COMPLETED BY
THE INSTALLATION HEAD OR
DESIGNEE. WRITTEN
CONCURRENCE IS NOT REQUIRED.
REVIEW AND C0NCURRENCE
 THE NPMHU AGREEMENT
REQUIRES THE SUSPENSION OR
DISCHARGE BE REVIEWED AND
CONCURRED BY THE
INSTALLATION HEAD OR DESIGNEE.
SIGNED AND DATED WRITTEN
CONCURRENCE IS REQUIRED.
REVIEW AND C0NCURRENCE
 THE RURAL AGREEMENT
REQUIRES THAT SUSPENSIONS OR
DISCHARGES BE REVIEWED AND
CONCURRED BY A HIGHER
AUTHORITY. THIS CONCURRENCE
MUST BE IN WRITING.
REVIEW AND C0NCURRENCE
 ON DECEMBER 3, 2002, A NATIONAL
ARBITRATION AWARD BY
ARBITRATOR DANA EISCHEN
DEALT WITH THE ISSUE OF REVIEW
AND CONCURRENCE OF
DISCIPLINE UNDER THE RURAL
LETTER CARRIER AGREEMENT.
REVIEW AND C0NCURRENCE
 THE ARBITRATOR DECIDED IN
FAVOR OF THE UNION AND
ESTABLISHED GUIDELINES FOR
THE REVIEW AND CONCURRENCE
OF DISCIPLINE FOR RURAL LETTER
CARRIERS.
REVIEW AND C0NCURRENCE
 THE AWARD HAS BEEN
INCORPORATED IN THE MAIL
HANDLER CONTRACT
INTERPRETATION MANUAL (CIM).
THE APWU AND NALC WILL USE HIS
REASONING WHEN ARGUING
REVIEW AND CONCURRENCE
ISSUES.
REVIEW AND C0NCURRENCE
 ARBITRATOR EISCHEN DECIDED
THE NATIONAL RURAL LETTER
CARRIER AGREEMENT IS VIOLATED
UNDER THE FOLLOWING
CONDITIONS:
REVIEW AND C0NCURRENCE
● IF THERE IS A “COMMAND DECISION”
FROM HIGHER AUTHORITY TO IMPOSE A
SUSPENSION OR DISCHARGE.
● IF THERE IS A JOINT DECISION BY THE
INITIATING AND REVIEWING OFFICIALS
TO IMPOSE A SUSPENSION OR
DISCHARGE.
REVIEW AND C0NCURRENCE
● IF THERE IS A FAILURE OF EITHER THE
INITIATING OR REVIEWING OFFICIAL TO
MAKE AN INDEPENDENT SUBSTANTIVE
REVIEW OF THE EVIDENCE PRIOR TO THE
IMPOSITION OF A SUSPENSION OR
DISCHARGE.
● IF THERE IS NO EVIDENCE OF WRITTEN
REVIEW AND CONCURRENCE PRIOR TO
THE IMPOSITION OF A SUSPENSION OR
DISCHARGE.
REVIEW AND C0NCURRENCE
 VIOLATION OF ANY OF THE FIRST
THREE ISSUES CONSTITUTES A
SUBSTANTIVE VIOLATION AND A
REMEDY OF REINSTATEMENT WITH
“MAKE WHOLE” DAMAGES.
REVIEW AND C0NCURRENCE
 VIOLATION OF THE FOURTH ISSUE
(WRITTEN CONCURRENCE )
CONSTITUTES A PROCEDURAL
VIOLATION OF THE CONTRACT FOR
WHICH A REMEDY MIGHT BE
APPROPRIATE.
REVIEW AND C0NCURRENCE
 THE ARBITRATOR ALSO DECIDED THAT
UNDER THE FOLLOWING CONDITIONS
THE NATIONAL RURAL LETTER CARRIER
AGREEMENT IS NOT VIOLATED:
REVIEW AND C0NCURRENCE
● IF THE LOWER LEVEL SUPERVISOR
CONSULTS, DISCUSSES, COMMUNICATES
WITH OR JOINTLY CONFERS WITH THE
HIGHER REVIEWING AUTHORITY BEFORE
DECIDING TO PROPOSE DISCIPLINE.
REVIEW AND C0NCURRENCE
 IF THE HIGHER LEVEL AUTHORITY DOES
NOT CONDUCT AN INDEPENDENT
INVESTIGATION AND RELIES UPON THE
RECORD SUBMITTED BY THE
SUPERVISOR WHEN REVIEWING AND
CONCURRING WITH THE PROPOSED
DISCIPLINE.
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 5
HARMFUL ERROR/ FATAL
FLAWS/ PROCEDURAL
DEFECTS
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
IT IS GENERALLY RECOGNIZED THAT
THE ISSUE OF JUST CAUSE FOR
DISCIPLINE INVOLVES MORE THAN A
FINDING OF MISCONDUCT.
ARBITRATORS OFTEN ENFORCE
MINIMUM ELEMENTS OF “DUE
PROCESS.”
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
UNDER DUE PROCESS MANAGEMENT
MUST MEET CERTAIN REQUIREMENTS
AND PROCEDURES. IF THEY FAIL TO
DO SO, DISCIPLINE WHICH IS
OTHERWISE FOR JUST CAUSE, MAY BE
REDUCED OR SET ASIDE AS UNJUST IF
THE AGREED UPON PROCEDURES ARE
NOT FOLLOWED AND HARM RESULTS.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
MOST ABITRATORS REQUIRE A
SHOWING OF PREJUDICE TO THE
EMPLOYEE BEFORE TAKING ACTION
TO REDUCE, MODIFY, OR SET ASIDE
DISCIPLINE.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
THERE IS NO DEFINITIVE LIST OF DUE
PROCESS ELEMENTS WHAT ONE
ARBITRATOR SEES AS A HARMFUL
ERROR IS GIVEN DIFFERENT WEIGHT
BY ANOTHER.
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
FOLLOWING IS A LIST OF THE MOST
COMMON PROCEDURAL DEFECTS
THAT HAVE RESULTED IN DISCIPLINE
BEING OVERTURNED IN ARBITRATIONS:
 NO PRE-DISCIPLINARY INTERVIEW
 FAILURE TO PROVIDE REQUESTED
INFORMATION
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
NO REVIEW OF DISCIPLINE
NOT GIVING CORRECT APPEAL RIGHTS
NO INVESTIGATION
CITING EXPIRED DISCIPLINE
IMPROPERLY RE-ISSUING DISCIPLINE
HARMFUL ERROR(FATAL FLAW) / PROCEDURAL
DEFECTS
 DOUBLE JEOPARDY
 FACTS NOT SAME AS CHARGE
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 6
DISCIPLINE FORMATS
CHARGE WRITING HELP
 “Blue Page”
 Labor Relations
 Charge Letters Sample Files
 Open Zip Files
FUNDAMENTALS OF ATTENDANCE CONTROL
 IF YOU ARE CONSIDERING ACTION TO
DENY LEAVE OR ISSUING DISCIPLINE
FOR LEAVE THAT MAY BE PROTECTED,
EITHER BY THE CONTRACT, ELM, FMLA,
USERRA, OR OTHER STATUE SEEK
ADVICE IMMEDIATELY.
 DISTRICT FMLA COORDINATORS AND
LABOR RELATIONS WILL ASSIST ALONG
WITH THE AREA LAW OFFICE IF
ADDITIONAL ASSISTANCE IS REQUIRED.
FUNDAMENTALS OF ATTENDANCE CONTROL
LETTERS OF WARNING
LETTERS OF WARNING
 THE FORMAT FOR LETTERS OF
WARNING IS THE SAME FOR ALL
FOUR OF THE MAJOR UNIONS.
LETTERS OF WARNING
 ALL FOUR CONTRACTS
(APWU,NALC,NPMHU,NRLCA)
STATE “A LETTER OF WARNING IS A
DISCIPLINARY NOTICE IN WRITING,
IDENTIFIED AS AN OFFICIAL
DISCIPLINARY LETTER OF
WARNING WHICH SHALL INCLUDE
AN EXPLANATION OF A DEFICIENCY
OR MISCONDUCT TO BE
CORRECTED”.
LETTERS OF WARNING
 Why give a letter of warning?
 When do you give a LOW?
 How do you give the LOW?
 How long does the LOW remain in
effect?
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 3
LETTER OF WARNING
FUNDAMENTALS OF ATTENDANCE CONTROL
 Janice Smith did not receive corrective
action for her failure to be regular in
attendance. Three weeks have passed
and she has been tardy on one day and
has called in for unscheduled SL for
another day.
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
 For the past three weeks Sam Jones has
had perfect attendance. This week Sam
got in an argument with a co-worker which
led to a loss of production.
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
SUSPENSIONS
SUSPENSIONS
 SUSPENSIONS MUST NOT BE
ISSUED FOR LESS THAN FIVE
WORKING DAYS (7 CALENDAR DAY
SUSPENSION).
 SUSPENSIONS MUST NOT BE
ISSUED FOR MORE THAN 10
WORKING DAYS (14 CALENDAR DAY
SUSPENSION).
SUSPENSIONS
 THE FORMAT, NOTICE PERIOD,
TERMS, AND APPEAL RIGHTS FOR
SUSPENSIONS VARY BY UNION AND
LENGTH OF SUSPENSION.
 YOU MUST USE THE PROPER
FORMAT FOR EACH OF THE FOUR
UNIONS, GIVING EMPLOYEES THEIR
DUE PROCESS RIGHTS.
APWU SUSPENSIONS
 ALL APWU EMPLOYEES MUST BE
GIVEN A TEN (10) CALENDAR DAY
NOTICE PERIOD PRIOR TO SERVING
THE SUSPENSION.
 SUSPENSIONS ARE TIME-OFF, BUT
IF A TIMELY GRIEVANCE IS FILED,
THE EFFECTIVE DATE IS DELAYED
UNTIL EITHER A GRIEVANCE
SETTLEMENT OR AN
ARBITRATOR’S DECISION.
APWU SUSPENSIONS
 THE EMPLOYEE SHALL REMAIN ON
THE JOB OR “ON THE CLOCK”
(PAID) AT THE OPTION OF THE
EMPLOYER.
NALC SUSPENSIONS
 ALL NALC SUSPENSION ARE NO-
TIME-OFF. THE EMPLOYEE
REMAINS ON DUTY DURING THE
TERM OF THE SUSPENSION
WITHOUT LOSS OF PAY.
NALC SUSPENSIONS
 SUCH SUSPENSIONS ARE
EQUIVALENT TO TIME-OFF
SUSPENSIONS AND MAY BE CITED
AS ELEMENTS OF PAST RECORD IN
SUBSEQUENT DISCIPLINE IN
ACCORDANCE WITH ART. 16.10.
NALC SUSPENSIONS
 ALL SUSPENSIONS ISSUED MUST
ADVISE THE RECIPIENT OF THEIR
GRIEVANCE APPEAL RIGHTS.
MAIL HANDLER SUSPENSIONS
 THE MAIL HANDLERS HAVE A
DIFFERENT PROCEDURE FOR 7 VS.
14 DAY SUSPENSIONS.
 FOR 7 DAY SUSPENSIONS NO
NOTICE PERIOD IS REQUIRED. THIS
IS A PAPER SUSPENSION ONLY (NOTIME-OFF IS SERVED.)
MAIL HANDLER SUSPENSIONS
 FOR 14 DAY SUSPENSIONS THE
EMPLOYEE MUST BE GIVEN A 14
DAY NOTICE PERIOD.
MAIL HANDLER SUSPENSIONS
 14 DAY SUSPENSION ARE TIME-OFF.
HOWEVER, IF A TIMELY GRIEVANCE
IS FILED PRIOR TO THE EFFECTIVE
DATE AND, IF THE GRIEVANCE IS
TIMELY APPEALED TO STEP 2, THE
GRIEVANT SHALL NOT BEGIN TO
SERVE THE SUSPENSION UNTIL
AFTER THE STEP 2 DECISION HAS
BEEN RENDERED.
MAIL HANDLER SUSPENSIONS
 WHEN AN EMPLOYEE BEGINS
SERVING A SUSPENSION BEFORE
THE ISSUANCE OF A WRITTEN STEP
2 DECISION OF A GRIEVANCE
PROPERLY APPEALED THE
APPROPRIATE REMEDY IS TO
RESCIND THE SUSPENSION AND
MAKE THE GRIEVANT WHOLE.
RURAL CARRIER SUSPENSIONS
 NO NOTICE PERIOD IS REQUIRED
AND ALL SUSPENSIONS WILL BE
PAPER (NO-TIME-OFF).
 SUCH PAPER SUSPENSIONS SHALL
INDICATE THE LENGTH OF THE
SUSPENSION WITH A WRITTEN
NOTICE OF THE CHARGES AGAINST
THE EMPLOYEE.
RURAL CARRIER SUSPENSIONS
 AN EMPLOYEE WHO HAS RECEIVED
A FOURTEEN (14) DAY SUSPENSION
WILL BE GIVEN A DAY OF
REFLECTION, PROVIDED IT IS
AGREEABLE TO THE UNION.
RURAL CARRIER SUSPENSIONS
 IF THE EMPLOYEE IS DIRECTED TO
TAKE THE DAY OF REFLECTION HE
OR SHE WILL BE PLACED IN A PAID,
NON-DUTY STATUS FOR ONE (1)
SCHEDULED WORK DAY.
 GUIDELINES FOR DAY OF
REFLECTION ARE INCLUDED IN
ARTICLE 16 SECTION 3 OF THE
NATIONAL AGREEMENT.
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 4
SUSPENSIONS
FUNDAMENTALS OF ATTENDANCE CONTROL
 Janice Smith is a clerk with 7 years of
postal work. She has had a discussion
and a Letter of Warning concerning her
failure to be regular in attendance. A
quarterly review of her attendance reveals
what appears to be a pattern of use of
unscheduled leave in conjunction with NS
days.
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
 In the past 4 weeks Sam Jones has
missed the following days:
 Tuesday 8 UAL Late Call
 Friday 4 USL
 Friday 8 USL
 Tuesday 4 hours Tardy
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
REMOVALS
REMOVALS –NON PREF. ELIGIBLES
 THE PROCESS FOR ISSUING
REMOVAL NOTICES IS THE SAME
FOR ALL FOUR OF THE MAJOR
UNIONS WITH A MINOR EXCEPTION
FOR THE NALC.
 THE EFFECTIVE DATE OF THE
REMOVAL MUST BE AT LEAST 30
CALENDAR DAYS AFTER THE DATE
THE NOTICE IS DELIVERED.
REMOVALS –NON PREF. ELIGIBLES
 FOR LETTER CARRIERS ONLY, THE
REMOVAL WILL BE DEFERRED
UNTIL A DECISION IS MADE ON THE
GRIEVANCE, IF ONE IS FILED, AT
THE STEP B LEVEL OF THE NALCUSPS JOINT DISPUTE RESOLUTION
PROCESS, OR 14 DAYS AFTER THE
APPEAL IS RECEIVED AT STEP B,
WHICHEVER COMES FIRST.
REMOVALS – VET PREF.ELIGIBLES
 FOR VETERAN PREFERENCE
ELIGIBLE EMPLOYEES A
“PROPOSED NOTICE OF REMOVAL”
MUST BE ISSUED. ONCE ISSUED
THE EMPLOYEE HAS THE RIGHT TO
REVIEW THE MATERIAL RELIED
UPON TO ISSUE THE ACTION.
REMOVALS – VET PREF.ELIGIBLES
THE EMPLOYEE ALSO HAS THE
RIGHT TO ANSWER THE CHARGES
EITHER IN WRITING OR IN PERSON
OR BOTH TO THE DECIDING OFFICIAL
(A HIGHER AUTHORITY).
REMOVALS – VET PREF.ELIGIBLES
 THE DECIDING OFFICIAL WILL THEN
ISSUE A LETTER OF DECISION
WHICH MUST INCLUDE THE RIGHT
TO APPEAL THE DECISION TO
MSPB IF THE REMOVAL IS UPHELD
OR A MITIGATED UNILATERAL
DECISION IS ISSUED, SUCH AS
DOWNGRADE.
REMOVALS – VET PREF.ELIGIBLES
 FOR THE PURPOSE OF GRIEVANCE
PROCEDURE APPEALS, THE TIME
LIMIT OF SECTION 2 OF ARTICLE 15
SHALL RUN FROM THE PROPOSED
REMOVAL NOTICE, NOT FROM A
DECISION LETTER.
REMOVALS – VET PREF.ELIGIBLES
 ONCE A GRIEVANCE ON A NOTICE
OF PROPOSED REMOVAL IS FILED,
IT IS NOT NECESSARY FOR THE
UNION TO FILE A GRIEVANCE ON
THE DECISION LETTER.
REMOVALS – VET PREF.ELIGIBLES
 RECEIPT OF A NOTICE OF
PROPOSED REMOVAL STARTS THE
30 DAY ADVANCE NOTICE PERIOD
REQUIRED IN SECTION 5 OF
ARTICLE 16.
FUNDAMENTALS OF ATTENDANCE CONTROL
EXERCISE NUMBER 5
REMOVAL
FUNDAMENTALS OF ATTENDANCE CONTROL
 This month Janice Smith has the following
schedule of leave use since her last
corrective discipline:
 Tuesday 8 USL
 Thursday 8 EAL
 Friday 5 Late
 Tuesday 8 USL
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
 Sam Jones had an argument with you
concerning his work on the dock. He
refused to report to the dock to assist in
off-loading a trailer full of Time magazines.
 What will you do?
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 7
SEPARATIONS
FUNDAMENTALS OF ATTENDANCE CONTROL
SEPARATION – DISQUALIFICATION
(ELM 365.32)
SEPARATION - DISQUALIFICATION
 THIS TYPE OF SEPARATION
APPLIES ONLY TO EMPLOYEES
WHO HAVE NOT COMPLETED THEIR
PROBATIONARY PERIOD.
SEPARATION - DISQUALIFICATION
 THE WRITTEN NOTICE MUST AT A
MINIMUM CONSIST OF THE
APPOINTING OFFICIAL’S
CONCLUSIONS ABOUT THE
INADEQUACIES OF PERFORMANCE
OR CONDUCT.
SEPARATION - DISQUALIFICATION
 PROBATIONARY EMPLOYEE’S
ATTENDANCE
● PAY CLOSE ATTENTION TO
PROBATIONARY EMPLOYEES AND
THEIR ATTENDANCE / REPORTING
● WILL THE EMPLOYEE’S ATTENDANCE
GET BETTER WHEN THEY COMPLETE
THE PROBATIONARY PERIOD?
FUNDAMENTALS OF ATTENDANCE CONTROL
SEPARATION DISABILITY
SEPARATION - DISABILITY
 SEPARATION – DISABILITY IS A
TERM USED TO INDICATE THE
SEPARATION OF AN EMPLOYEE
OTHER THAN A TEMPORARY,
CASUAL, OR A PROBATIONARY
EMPLOYEE
 LONG TERM LWOP ISSUES
SEPARATION - DISABILITY
WHOSE MEDICAL CONDITION
RENDERS THE EMPLOYEE UNABLE
TO PERFORM THE DUTIES OF THE
POSITION AND WHO IS INELIGIBLE
FOR DISABILITY RETIREMENT.
(ELM 365.341)
SEPARATION - DISABILITY
 AT THE EXPIRATION OF 1 YEAR OF
CONTINUOUS ABSENCE WITHOUT
PAY, AN EMPLOYEE WHO HAS BEEN
ABSENT BECAUSE OF ILLNESS
MAY BE SEPARATED FOR
DISABILITY. THIS ACTION IS NOT
MANDATORY
SEPARATION - DISABILITY
IF THERE IS REASON TO BELIEVE
THE EMPLOYEE WILL RECOVER
WITHIN A REASONABLE LENGTH OF
TIME BEYOND THE 1-YEAR PERIOD,
THE EMPLOYEE MAY BE GRANTED
ADDITIONAL LEAVE IN 30-DAY
PERIODS, NOT TO EXCEED 90 DAYS.
SEPARATION - DISABILITY
 IF THE EMPLOYEE’S CONDITION
INDICATES THAT LWOP BEYOND
THAT PERIOD IS NECESSARY
INCIDENT TO FULL RECOVERY, THE
POSTAL OFFICIAL MUST SUBMIT A
COMPREHENSIVE REPORT TO THE
AREA MANAGER OF HUMAN
RESOURCES WITH A
SEPARATION - DISABILITY
RECOMMENDATION AND RETAIN THE
EMPLOYEE ON THE ROLLS PENDING
A DECISION.
SEPARATION - DISABILITY
FOR INVOLUNTARY SEPARATION,
THE NOTICE AND APPEAL
PROCEDURES OUTLINED IN THE
APPLICABLE COLLECTIVE
BARGAINING AGREEMENT IS
FOLLOWED.
SEPARATION - DISABILITY
 NO EMPLOYEES WHO HAVE
COMPLETED THEIR PROBATIONARY
PERIOD ARE SEPARATED FOR
DISABILITY UNTIL GIVEN A NOTICE
IN WRITING OF THE PROPOSED
ACTION AND AN OPPORTUNITY TO
REPLY IN ACCORDANCE WITH
APPROPRIATE ADVERSE ACTION
PROCEDURES.
DISABILITY RETIREMENT
 LONG TERM MEDICAL ISSUES
● FOCUS ON END RESULT
● PROVIDE ASSISTANCE TO EMPLOYEE
VIA HRSSC TO PROCESS APPLICATION
● CONTINUE TO ADDRESS ATTENDANCE
ISSUES ON A REGULAR BASIS
● DISTRICT REASONABLE
ACCOMMODATION REFERRAL
FUNDAMENTALS OF ATTENDANCE CONTROL
MODULE 8
CHARGE WRITING
FUNDAMENTALS OF ATTENDANCE CONTROL
CHARGE WRITING BASICS
CHARGE WRITING BASICS
 DEFINITIONS
● CHARGE – THE NATURE OF THE
WRONGDOING, DEFICIENCY, OR
MISCONDUCT.
● SPECIFICATION – THE FACTUAL
NARRATIVE DESCRIBING THE DETAILS
OF THE WRONGDOING, DEFICIENCY
OR MISCONDUCT.
CHARGE WRITING BASICS
● ELEMENT – A COMPONENT OR
ESSENTIAL PART OF A CHARGE THAT
MUST BE PROVED TO HAVE A CHARGE
UPHELD.
CHARGE WRITING BASICS
 PRIOR TO WRITING A CHARGE
MAKE SURE YOUR INVESTIGATION
WAS THOROUGH AND YOU HAVE
THE EVIDENCE TO PROVE WHAT
YOU WRITE.
CHARGE WRITING BASICS
 MAKE SURE YOUR CHARGE IS
CLEAR AND SPECIFIC.
CHARGE WRITING BASICS
 CHARGE ONLY WHAT YOU CAN
PROVE BY THE SPECIFIC
EVIDENCE.
CHARGE WRITING BASICS
 AVOID EXTENSIVE CITATIONS TO
SPECIFIC STATUTES OR
REGULATIONS.
 CITE OF A LAW REQUIRES BEYOND
A REASONABLE DOUBT LEVEL OF
PROOF
CHARGE WRITING BASICS
 AVOID THE TEMPTATION TO ADD
ADJECTIVES (OR ADVERBS) SUCH
AS WILLFUL, DELIBERATE, OR
GROSS. YOU MAY THINK YOU
KNOW WHAT’S IN SOMEONES’S
MIND BUT YOU MUST PROVE IT TO
A NEUTRAL PARTY.
CHARGE WRITING BASICS
 REMEMBER, THE PURPOSE OF A
CHARGE IS TO ADVISE THE
EMPLOYEE OF WHAT IT IS HE/SHE
IS BEING CHARGED WITH AND TO
GIVE THAT INDIVIDUAL THE
OPPORTUNITY TO DEFEND
THEMSELVES.
CHARGE WRITING BASICS
 EACH CHARGE SHOULD CONTAIN,
AS APPROPRIATE, ALL OF THE
FOLLOWING ELEMENTS:
● A BRIEF STATEMENT OF THE SPECIFIC
CHARGE, OFFENSE, OR VIOLATION.
CHARGE WRITING BASICS
● THE FACTS ABOUT THE INCIDENT WHICH
SUPPORT THE CHARGE, INCLUDING THE
PARTICULAR OFFENSE OR DEFICIENCY
CHARGED AGAINST THE EMPLOYEE
● THE AGGRAVATING FACTORS, IF ANY,
THAT MAKE A PARTICULAR CHARGE A
MORE SERIOUS VIOLATION.
CHARGE WRITING BASICS
 AVOID MAKING MULTIPLE
IDENTICAL CHARGES OUT OF THE
SAME EVENT.
CHARGE WRITING BASICS
AVOID ATTACHING OLD
OFFENSES TO A CURRENT
SIMILAR OFFENSE.
AVOID JOINING TWO CHARGES
INTO ONE BY USING “AND”. IF
ONE HALF OF THE CHARGE IS
NOT SUSTAINED, THE WHOLE
CHARGE MAY FALL.
FUNDAMENTALS OF ATTENDANCE CONTROL
CATEGORIES OF CHARGES
CATEGORIES OF CHARGES
 EMPLOYEE DEFICIENCIES FALL
INTO ONE OF THREE CATEGORIES
OF CHARGES:
● UNSATISFACTORY PERFORMANCE
● UNSATISFACTORY ATTENDANCE
● IMPROPER CONDUCT
CATEGORIES OF CHARGES
 UNSATISFACTORY ATTENDANCE
EXAMPLES:
● Failure to Maintain a Regular
Schedule/Absenteeism
● Tardiness
● AWOL
FUNDAMENTALS OF ATTENDANCE CONTROL
JUST DO IT!!!!