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    Add as FriendEmployer-Employee Relations

    by: priya

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    1 : Employer-Employee Relations 410-767-5466
    2 : When All Else Fails Imposing Discipline
    3 : Objectives of Discipline To change the behavior of an employee!!! To tell employees what action will be taken; or what consequences exist when rules, policies, or procedures are not followed or performance standards are not met
    4 : Management must follow progressive discipline unless there is a serious breach of discipline or policy. Progressive Discipline The principle by which DHMH employees are disciplined. Supervisors take appropriate disciplinary action to change behavior and increase in severity if infractions persist or get worse.
    5 : Progressive Discipline Like infractions are lumped together For each subsequent infraction, the discipline is more severe
    6 : Disciplinary Actions Written Reprimand Forfeiture of Annual Leave up to 15 work days Suspension Denial of Annual Salary Increase Demotion Termination
    7 : Timeframes for Discipline Reprimand 30 days after the appointing authority acquires the knowledge Forfeiture of Annual Leave 30 days after the appointing authority acquires the knowledge Suspension 5 workdays* following the close of the employee’s next shift, after the appointing authority acquires knowledge * Saturdays, Sundays, legal holidays, and employee leave days are excluded in calculating the 5 workday period
    8 : Timeframes for Discipline Denial of Annual Pay Increase 30 days after the appointing authority acquires the knowledge Demotion 30 days after the appointing authority acquires the knowledge Termination 30 days after the appointing authority acquires the knowledge
    9 : Steps of Progressive Discipline Charges for Termination Reprimand One day suspension Three day suspension Five day suspension Ten day suspension
    10 : Combining Memorandum Used to combine a number of offenses Streamline the disciplinary process
    11 : Prior to Imposing Discipline Investigate the alleged misconduct Meet with the employee Consider any mitigating circumstances Determine the appropriate disciplinary action, if any is to be imposed Give the employee a written notice of the disciplinary action to be taken and the employee’s appeal rights
    12 : Prior to Imposing Discipline * Ensure Employee’s Rights - If the employee suspected of misconduct is a member of a bargaining unit, you need to ensure that the employee’s rights are protected.
    13 : Investigation Before a disciplinary action is taken a supervisor should Have another supervisor present, taking notes Determine what the infraction actually is Get the employee’s side of the story take notes or have the employee write a statement explaining what happened Talk to witnesses take notes or have the witness write a statement All supervisors involved should write a summary of conversations with witnesses and employees involved Draft a report and date it. Remember - you only have 30 days to impose discipline. Exception - 5 workdays for suspensions. (Will be covered in another slide.)
    14 : Mitigating Circumstances Conference This is an opportunity for the employee to explain to management why they should not be disciplined. Do NOT have the discipline (MS-4A) already prepared, signed and visible to the employee. If you do, the employee is likely to withhold vital information.
    15 : Department of Budget and Management Office of Human Resources 301 West Preston Street Baltimore, Maryland 21201 NOTICE OF DISCIPLINARY ACTION To Employee: You or your representative may appeal this disciplinary action to the Cabinet Secretary of your department (If your agency is not headed by a Cabinet Secretary, appeal must be made to the agency head). The appeal must be in writing and filed within 15 calendar days after your receipt of this written notice. To Agency: COMPLETE IN DUPLICATE. Give one copy to the employee; and retain one copy for your files. FOR ACTIONS MARKED WITH AN ASTERISK (*), submit a MS-310 processing form with a copy of this notice to the Department of Budget and Management’s Office of Human Resources, Personnel Transactions Unit.
    16 : Name of Employee Classification Social Security Number Check appropriate box and complete: is reprimanded * forfeits ____Annual Leave days. * is suspended without pay for ___work days from ___________ through _____________. * is denied an annual pay increase effective ____________________________________. * is demoted to ______________at ________________ effective ___________________. (Classification) (Salary Level) is placed on emergency suspension effective _______________ through ____________. DATE OF INCIDENT WHICH PROMPTS THIS DISCIPLINE: ______________________. DATE WHEN INCIDENT WAS DISCUSSED WITH THE EMPLOYEE: ______________. REASON FOR DISCIPLINE: (Explain in full) Copy to Employee: _____________________________ ? In Person ? Mailed ____________ ____________________ _____________________________________ (Date) (Name of Department) (Name and Signature of Appointing Authority) Bill Employee Boiler Operator 000-00-0000 X February 6, 2003 February 7, 2003 Did not report for duty until 9:15 AM. Employee’s duty hours are 8:30 AM to 5:00 PM. February 8, 2003 X DHMH
    17 : Department of Budget and Management Office of Human Resources 301 West Preston Street Baltimore, Maryland 21201 NOTICE OF DISCIPLINARY ACTION To Employee: You or your representative may appeal this disciplinary action to the Cabinet Secretary of your department (If your agency is not headed by a Cabinet Secretary, appeal must be made to the agency head). The appeal must be in writing and filed within 15 calendar days after your receipt of this written notice. To Agency: COMPLETE IN DUPLICATE. Give one copy to the employee; and retain one copy for your files. FOR ACTIONS MARKED WITH AN ASTERISK (*), submit a MS-310 processing form with a copy of this notice to the Department of Budget and Management’s Office of Human Resources, Personnel Transactions Unit.
    18 : Name of Employee Classification Social Security Number Check appropriate box and complete: is reprimanded * forfeits ____Annual Leave days. * is suspended without pay for ___work days from ___________ through _____________. * is denied an annual pay increase effective ____________________________________. * is demoted to ______________at ________________ effective ___________________. (Classification) (Salary Level) is placed on emergency suspension effective _______________ through ____________. DATE OF INCIDENT WHICH PROMPTS THIS DISCIPLINE: ______________________. DATE WHEN INCIDENT WAS DISCUSSED WITH THE EMPLOYEE: ______________. REASON FOR DISCIPLINE: (Explain in full) Copy to Employee: _____________________________ ? In Person ? Mailed ____________ ____________________ _____________________________________ (Date) (Name of Department) (Name and Signature of Appointing Authority) Bill Employee Boiler Operator 000-00-0000 X 1 Feb. 25, 2003 Feb. 25, 2003 February 22, 2003 February 24, 2003 You reported to work at 9:30 AM. Your work hours are 8:30 AM to 5:00 PM. You received a written reprimand for lateness on Feb. 8, 2003. February 24, 2003 X DHMH
    19 : Responsibilities of the Appointing Authority
    20 : Responsibilities of the Appointing Authority PRIOR TO IMPOSING DISCIPLINE Investigate the alleged misconduct Meet with the employee Consider mitigating circumstances Determine the appropriate discipline; if any Give the employee written notice
    21 : Responsibilities Of The Appointing Authority After Imposition of Discipline Employee & Appointing Authority can agree to: Hold discipline in abeyance - For a period not longer than 18 months to allow the Employee to improve Lesser discipline as a final & binding action
    22 : Responsibilities Of The Appointing Authority May terminate probationary employees Demote promotional probationary employees Return promotional probationary employee to previous job.
    23 : Responsibilities Of The Appointing Authority Disciplinary Actions Hear Mitigating Circumstances Sign Notice of Disciplinary Action (MS 4-A) Investigate the alleged misconduct Consider mitigating circumstances Determine the appropriate disciplinary action.
    24 : Responsibilities of the Appointing Authority Grievance Process The process is initiated with the appointing authority 10 days after receiving the grievance 10 days after the hearing, issue a written decision
    25 : Collective Bargaining
    26 : Collective Bargaining Agreement Memorandum of Understanding (MOU) Includes the agreement of the parties on the standards of wages, hours and other terms and conditions of employment. Each bargaining unit has a collective bargaining agreement.
    27 : Collective Bargaining Agreement If the employee or the union representatives believe management has violated the agreement; there is a Dispute Resolution Process. (This is different from the Grievance Process)
    28 : Employee MOU Rights In the following situations, the employee must be granted the right to Union representation if requested by the employee : You interview that employee because you suspect him/her of misconduct (prior to imposition of discipline) At any disciplinary hearing or discipline related discussion with the employee The employee must be given reasonable notice to obtain Union representation (not less than one hour)
    29 : Grievance Process
    30 : Grievance Process Management bears the burden of proof management presents its case first Employee bears the burden of proof employee presents his/her case first
    31 : Reprimand Forfeiture of Annual Leave Suspension Denial of Annual Pay Increase Demotion Termination Burden of Proof Employer
    32 : Grievances Discipline of an employee in the executive or management service, or under special appointment Discipline of an employee on probation in the skilled and professional services, following initial appointment Burden of Proof Employee
    33 : Witnesses Both sides (employee/management) can call witnesses Witnesses are asked questions by both sides Witnesses receive Administrative Leave (or are counted as working) to attend hearings Witnesses can be sequestered
    34 : Management Representatives Assist the Employee Relations Officer during the hearing can suggest questions verify whether a witness’s testimony is accurate and truthful advise of inaccurate statements by the witness, or advise of need to rebut statements Can be a witness
    35 : The End The End

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