Personnel Management MAJ JULIE A. HUNDERTMARK, MD LTC JOSHUA S. WILL, DO, FAAFP

Transcription

1 Personnel Management MAJ JULIE A. HUNDERTMARK, MD LTC JOSHUA S. WILL, DO, FAAFP

2 Learning Objectives Overview of Labor Relations Importance of Performance Appraisals Understand Discipline and Adverse Actions Overview of Leave Administration

3 Labor Union An organization that works to represent the common interests and rights of bargaining unit employees, chiefly by way of collective bargaining.

4 Statutory Exclusions from the Bargaining Unit Supervisors Management Officials Employees engaged in: Personnel work (non-clerical) Work directly affecting national security Administering the Federal Labor Relations Statute Investigators directly affecting Agency internal security

5 Employee Rights Employees have the right to: Form, join, or assist a labor organization or refrain from doing so without fear of penalty or reprisal Act as a union representative (Shop, Steward, Local President, National Representative, etc.) Engage in collective bargaining with respect to conditions of employment through representatives chosen by employees

6 Union Rights Bargaining Units have the right to: Represent and act for all bargaining unit employees exclusively at formal discussions and investigatory interviews Request and receive information Negotiate with the Agency over terms and conditions of employment

7 Union Responsibilities Unions should: Represent interests of all bargaining unit members, regardless of union membership Negotiate with management in good faith

8 Official Time Union representatives are allowed official time for: Contract negotiations Representational duties Representing employees on grievances Federal Labor Relations Authority proceedings

9 Management Rights Management official retain the right to: Determine the mission, budget, organization, number of employees, and internal security practices Hire, promote, assign, direct, layoff, and retain employees Suspend, remove, reduce in grade or pay, and take disciplinary action against employees Assign work, contract out, and to determine the personnel to support Agency operations Carry out the mission during emergencies

10 Bargaining Management must: Notify the union BEFORE implementation of the change or discussing with affected employees This includes employee-requested changes Communicate what changes are intended and when they would become effective If the union asks to negotiate, bargain to completion before affecting the proposed change If there is no union response, implement on the specified date

11 Workplace Changes DO NOT Assume that there is no obligation to notify the union because you are exercising a management right DO NOT Notify the union at the last minute, without giving a reasonable amount of time to consider the change DO NOT Implement changes to working conditions before bargaining in good faith with the union DO NOT Make changes without notification in hopes that the union won t notice

12 Past Practices Pertains to condition of employment Unwritten (either verbally agreed to or through acquiescence) Consistently practiced over extended period of time Known about and accepted by union and management Not contrary to law or regulation CHANGING a PAST PRACTICE triggers a bargaining OBLIGATION!

13 Formal Discussions One or more management official and one or more employee or representative Concerns a grievance, personnel policy/practice, or other general condition of employment (not individual concerns) Not normal shop talk Union must be notified of meeting Union selects their representative Union is allowed to comment during the meeting Union should not be disruptive

14 Formal Discussion Indicators First level supervisor vs. higher level management Location and length of meeting How meeting was called (spontaneous vs. scheduled in advance) Written formal agenda and meeting minutes Mandatory attendance Manner conducted (attendance/comments noted)

15 Investigative Interview and Weingarten Rights Nature of interview is investigatory Employee reasonably believes disciplinary action could result Employee requests union representation

16 Weingarten Rights If the employee requests a representative the supervisor may: Simply end the interview Temporarily stop the meeting long enough for the employee to request union representation Offer the employee the alternative to continue without union representation or forgo having a meeting to make his/her points

17 Weingarten Rights Not like Miranda Rights Check your Collective Bargaining agreement for any special provisions Union can participate in discussion but cannot answer for the employee or be disruptive Not applicable in performance counseling or issuance of proposals or notices of discipline

18 Unfair Labor Practices Changing working conditions or discontinuing a past practice without notification or bargaining, if requested by the union Engaging in formal discussions without notification or allowing a union representative to be present Failing to provide information to unions necessary to perform representational duties Interfering with employees in the exercise of their rights

19 Labor Relation Resources CPAC Labor Relations Specialist Subject Matter Expert when dealing with all union matter Call whenever you have a question! Request to Attend Human Resource Training for Supervisors Labor Relations Handbook for US Army Medical Command Supervisors and Managers Department of the Navy Civilian Human Resources Manual Air Force Labor Advisors

20 Performance Appraisals Initial Counseling Discuss Performance Standards Identify what meets expectations looks like Support Form Annual Evaluation Employee support form must be included

21 Performance Appraisals A good evaluation reflects Accomplishments and results Performance Level Behaviors Do not include reference to any disciplinary actions Challenges or opportunities to improve

22 Taking Performance Based Action Step 1 Communicate Expectations and Performance Problems Step 2 Provide an Opportunity to Improve Step 3 Take the Action

23 How to Communicate Performance Expectations Performance Standards Counseling Sessions Written Instructions Verbal Instructions (documented)

24 Possible Performance Interventions Verbal Written Exercises/Projects Corrective Action

25 Performance Discussion Clearly state what constitutes acceptable performance for each standard State what the employee must do to bring performance to an acceptable level Focus on the performance problem Anticipate and respond to questions Confirm the employee understands Listen to the employee avoid emotion/confrontation Remember your goal is to improve the employee s performance

26 Provide an Opportunity to Improve Performance Improvement Plan (PIP) Only required if employee receives a fail rating Details deficiencies Describes the needs improvement level of performance Provide reasonable time to improve Normally days

27 What must be in a PIP Consequences of continued failure Change to lower grade or removal Actions the employee must accomplish Assistance to be give Dates for completing tasks If employee improves they must be sustained one year from beginning of PIP

28 Take the Action Contact CPAC first! Proposal/Final Decision The proposal presented by first-line supervisor Consider improvement during the opportunity period Specify instances of unacceptable performance Must consider employee s reply Decision rendered within 30 days after expiration of proposal State effective date of action Afford the employee grievance and appeal rights

29 Performance vs. Conduct Performance can t situations Conduct won t situations

30 Why Discipline To motivate employees to conform to acceptable standards of conduct and prevent prohibited activities

31 Potential Causes of Misconduct Personal problems/stress Poor work ethics Inconsistent enforcement of rules Lack of motivation Bad example set by others Provocation by supervisors or coworkers Lack of maturity Misinterpretation of the rules Personal goals differ from mission goals Lack of information/misinterpretation

32 Counseling vs. Discipline Counseling Verbal Counseling Confirm content via with concurrence from employee MFR summarizing discussion Written Counseling Notice of Performance Expectation Disciplinary Actions Letter of reprimand Suspensions (14 days or less) Adverse Actions Suspensions (15 days or more) Change to lower grade Removal

33 Disciplinary/Adverse Action Infraction/Incident Fact finding Get the employee s side of the story first if possible Interview witnesses and get written statement Federal employees are obligated to cooperate Weingarten Rights Consult your labor relations specialist Review your union bargaining agreement Issue proposal letter Opportunity to respond Decision notice Grievance/Appeal

34 Progressive Discipline Use of the least disciplinary penalty possible that will modify the behavior Intent is to correct the undesirable behavior Accomplished through progressively more severe penalties

35 Letter of Reprimand Coordinate with CPAC before issuing Lowest form of disciplinary action Uploaded to official personnel file Must include Description of offense Retention in OPF (1-3 years) Recount former instances Warning of more sever action Grievance rights

36 Key Concepts Timely Action must be taken in a timely manner to be supportable and meaningful Reasonable The penalty must fit the offense Consistent Similar penalty for similar offense Non-discriminatory Action must be based on the merits of the case

37 Common Types of Leave Absences Annual Leave Sick Leave Leave without pay (LWOP) LWOP under Family Medical Leave Act (FMLA) Absent without leave (AWOL) Unapproved/unauthorized absences

38 Annual Leave Vacations or rest and relaxation Personal business of emergencies No reason required Entitlement to take annual leave Subject to supervisory approval May be denied for mission-based reasons only

39 Sick Leave Personal sick leave Physical or mental illness Injury Pregnancy or childbirth Exposure to communicable disease that jeopardizes the health of others Medical/Dental appointments

40 Sick Leave Sick leave to care for a family member Up to 104 hours (13 days) each year Family care (illness, pregnancy, childbirth, medical appointments) Attend funeral of a family member Definition of Family member Spouse and their parents Children and their spouses Parents and their spouses Siblings and their spouses Grandparents/Grandchildren and their spouses Domestic partners and their parents Any individual related by blood or whose relationship is the equivalent of family

41 Leave without Pay Temporary non-pay status and absence from duty Employee s request Supervisor discretion Exceptions FMLA Uniformed Service Worker s Compensation

42 Family Medical Leave Act Entitlement up to 480 hours LWOP Employees may substitute any accrued paid leave or advanced leave for LWOP Birth and care of a newborn child Placement of a child by adoption or foster care Serious health condition of employee that makes employee unable to perform the essential duties of his or her position Care of spouse/child/parent/sibling with serious health condition

43 Absence Without Leave Not authorized or approved leave Document time and attendance Notify employee Recommend MFR May be basis for disciplinary action Coded only during regular duty hours

44 Supervisor Responsibilities Communicate the leave policies to your employees Encourage leave planning Annual leave can only be denied for mission reasons Monitor balance and usage Control abuse and document problems Take corrective action when necessary for abuse

45 Employee Expectations Know and follow leave procedures Be at work unless they have approved leave Monitor leave balances Plan leave in advance whenever possible Bring in a doctor s note or medical documentation as required or requested

46 Leave Issues The most frequent disciplinary offenses in the Army are leave related Chronic tardiness Leave abuse Excessive absenteeism Absent without official leave (AWOL) Most important actions of Supervisor Establish and enforce the leave requesting procedure Address leave problems early

47 Learning Objectives Overview of Labor Relations Importance of Performance Appraisals Understand Discipline and Adverse Actions Overview of Leave Administration

48 Check on Learning An employee is called into an interview with a security officer investigating the possible theft of government property. The officer asks the employee where she worked on the date the property disappeared. The employee asks for a union representative Formal Discussion, Weingarten, or Neither?

49 Check On Learning A meeting held with employees to discuss a new dress code by a manager instructed to do so from higher-level management. It lasts minutes. Other managers were present. Most, if not all, employees attended, but whether it was mandatory was unclear. Formal Discussion, Weingarten, or Neither?

50 Check on Learning A first line supervisor holds an impromptu meeting of bargaining unit employees to reinforce existing shop safety procedures. Formal Discussion, Weingarten, or Neither?

51 Check on Learning Dr. Smith comes to you, the OIC, to complain that her LPN Mr. Jones is consistently not filling out all of the support staff section of the TSWF core form. Dr. Smith is frustrated because it causes her to back up in clinic and she wants him fired. Performance or Conduct issue?

52 Check on Learning Your head RN Mrs. Frank has filled out paperwork to take Family Medical Leave to take care of her mother-in-law while she receives chemotherapy for her breast cancer. FMLA or Sick Leave?

53 Questions?

54 Labor Relation Resources CPAC Labor Relations Specialist Subject Matter Expert when dealing with all union matter Call whenever you have a question! Request to Attend Human Resource Training for Supervisors Labor Relations Handbook for US Army Medical Command Supervisors and Managers Department of the Navy Civilian Human Resources Manual Air Force Labor Advisors