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Guidelines for Progressive Discipline & Grievance Procedures

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Guidelines for Progressive Discipline & Grievance Procedures Guideli nes for Progressive Discipline & Grievance P rocedures Department of H uman Resources Office of Labor and Employee Relations Table of Contents Introduction to Progressive Discipline ..........................................................................2 Progressive Discipline Steps .........................................................................................3 Disciplinary Offenses ...................................................................................................6 Systematic Review Process ...........................................................................................8 Procedures for Some Common Violations and Offences ..............................................9 Major Infractions ..........................................................................................................20 Board Policy References ...............................................................................................21 Sample Letters...............................................................................................................24 Teacher Transfers, Surplusing, and Association Representative Release Time ..............35 Union Positions and Grievance Procedures ...................................................................38 Non-Union Grievance Procedures ................................................................................44 Office of Labor and Employee Relations Contact Information ......................................45 Important Contact Information Equity Compliance – Frances E. Coe Administrative Building, Room 107 – 416-6670 Human Resources – Frances E. Coe Administrative Building, Room 164 – 416-5304 Labor and Employee Relations – Frances E. Coe Administrative Building, Room 138 – 416-5323 Risk Management – Fairview Annex – 416-5651 Security – Frances E. Coe Administrative Building, Room 145 – 416-5773 Memphis City Schools Website: www.mcsk12.net Memphis City Schools does not discriminate in its programs or employment on the basis of race, color, religion, national origin, handicap/disability, sex, or age. For more information, please contact the office of Equity Compliance at (901) 416-6670. 1 Updated: April 2008 Introduction to Progressive Discipline Memphis City Schools’ employees are expected to maintain the highest standards of personal conduct, integrity, and performance. It is the responsibility of all administrators to ensure that all their subordinates understand and live up to these high standards. This guide provides guidance to administrators and those with supervisory responsibilities on how to assure high standards are attained by employees under their supervision. Maintenance of these standards will promote the efficiency and effectiveness of work operations and assure compliance with laws and regulations so the district is able to provide a quality education to MCS children. We recognize that most employees only need to be properly trained and to be informed of the rules in order to be positive productive employees. However, there are times when administrators must use the disciplinary process in order to get the employee’s attention and to attain the desired result. It is the responsibility of the supervisor to ensure his/her employees have been properly trained and informed prior to issuing disciplinary action. Discipline can be both positive and negative. Positive discipline is achieved when individuals hold themselves to high standards of conduct and responsibility because they accept and value those standards. Maintaining discipline in organizations where all employees have this high degree of commitment is easy. However, supervisors need to take positive actions to establish such a positive environment. Setting the example and effective communications can help the supervisor to establish a work environment where employees internalize these high standards. The second side of discipline is correction and punishment of misconduct. In correcting individual instances of misconduct, it is important that the penalty be the minimum necessary to bring about the desired change. All penalties must be consistent with the facts and circumstances surrounding the misconduct. Addressing issues of misconduct are the most challenging and difficult aspects of supervision. Dealing effectively with disciplinary problems requires a good understanding of the discipline process and skill in handling a variety of human relations problems. This guide serves as a resource for administrators and those with supervisory responsibilities. It will take you through the disciplinary process and addresses some of the problems administrators will encounter and be expected to resolve. While you will be provided with information concerning formal disciplinary actions, the focus will be on informal actions, which corrects inappropriate behavior before it becomes a big problem. The Office of Labor and Employee Relations will assist supervisors, administrators, and principals in administering the disciplinary process in conformity with collective bargaining agreements and board policies. The procedures of any collective bargaining agreement will take precedence over the procedures in this guide. When considering any disciplinary action, the Office of Labor and Employee Relations can provide the administrator with assistance. You may contact the Office of Labor and Employee Relations at 416-5323. When the decision is made to refer employees to Human Resources involving the more advanced disciplinary steps of suspension and termination of employment, the administrator will need to contact the Office of Labor and Employee Relations. 2 Progressive Discipline Steps a. Counseling – An opportunity for the employee and the supervisor to informally discuss work-related problems and concerns. The counseling session is designed to help the employee: • Recognize the mistake or deficiency. • Accept the standard that is required. • Clarify expectations and standards. • Understand the consequences of failing to meet the standard. • The counseling session should be documented with a memo to the administrator’s employee desk file. b. Oral Reprimand – Used to get the attention of the employee while the situation is still correctable. The primary purpose of this step is to alleviate any misunderstandings and to clarify the direction for necessary and successful correction of the problem. An oral reprimand must: • Clearly indicate the nature of the problem, cite the work standard, rule or policy governing the situation, and explain precisely what corrective action is expected. • Point out that future behavior of a similar type may result in more serious disciplinary action. • Must be confirmed in writing, clearly defined as an “oral reprimand” with a copy placed in the employee’s file at the work site. • Advise the employee that a copy of the reprimand will be placed in his/her personnel file and forward a copy to the Department of Human Resources. c. Written Reprimand – Utilized when prior counseling sessions and/or the oral reprimand have not resulted in satisfactory changes of behavior. A written reprimand may or may not be preceded by an oral reprimand, depending on the type of violation. When issuing a written reprimand please: • Include a review of prior disciplinary action taken. • Notify the employee of the specific work rule or standard being violated. • Place the employee on written notice that corrective action must be taken. • Base the written reprimand on facts and information of record as opposed to hearsay and unfounded conclusions. • Keep a copy in the employee’s personnel file at the work site. • Advise the employee that a copy of the reprimand will be placed in his/her personnel file and forward a copy to the Department of Human Resources. d. Suspension or Demotion • Suspension • May be used when the employee has not responded to counseling, oral or written reprimands or commits a more serious rule violation that warrants suspension for a first offense. • Suspensions may be with or without pay. 3 • The Office of Labor and Employee Relations must handle disciplinary issues that may warrant suspension. • Suspension Pending Investigation • Examples of situations where the employee may need to be removed from the work place before an investigation can be conducted may include sexual harassment, disorderly conduct, or other situations where the employee presents a potential threat to other employees. • The supervisor should contact the Office of Labor and Employee Relations prior to sending the employee home, unless there is an immediate need to remove the employee from the work place. • A suspension, pending an investigation, is imposed with the understanding that a final decision relative to the appropriate disciplinary action will be made after the investigation. • If there is no cause for disciplinary action, the employee will receive pay for the regular earnings lost during the suspension. • Demotion • Disciplinary demotions may be in the form of reduction in rank, reduction in pay, or both. • Demotion in rank refers to the removal of an employee from his present position to one of less responsibility. This concept is based on the premise that management has the right to promote and grant merit increases to employees. Therefore, if the employee’s performance does not continue at the same level as when he/she was placed in the position, they also have the right to take away such benefits. • The Office of Labor and Employee Relations will handle disciplinary issues
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