Discipline & Disciplinary Actions
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
T. Unreliable attendance- Because the need to assure an appropriate level of staffing in order to provide adequate service to the public, regular and reliable attendance is an essential function of the job for employees in the bargaining unit. In the event that an employee's attendance is unreliable, he/she will be subject to disciplinary action. The employer will consider all circumstances surrounding an employee's attendance record in determining whether to take disciplinary action for unreliable attendance. For the purposes of this provision, factor that will be considered indicators of unreliable attendance include but are not limited to, the following: 1. The occurrences of unauthorized absences.
The administration of discipline should be a collaborative effort between?
Management and Human Resources
For the purposes of consideration of past discipline, for Sworn Officers, in future disciplinary proceedings, the employer may only consider counseling for the preceding?
(1) year disciplinary actions for the preceding (4) years. For the purposes of consideration of past discipline, for civilian personnel, per the Handbook and Procedure Manual in future disciplinary proceedings, the employer may only consider disciplinary actions for the preceding (1) year.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
(4) Failure to personally notify the supervisor of absence or tardiness as soon as possible and in advance of scheduled start time.
A Verbal Warning is?
A discussion between a manager and an employee in which the employee's inappropriate behavior and necessary improvements are brought to his or her attention. It is used after informal coaching has failed to produce the desired results or if the conduct is more serious.
The Lieutenant is empowered to:
1. Conduct coaching and counseling sessions; 2. Impose remedial training;
The Authority at each level of supervision relative to counseling and disciplinary actions shall be as follows::
1. Conduct coaching and counselling sessions; 2. Issue verbal warnings, impose remedial training; and 3. Recommend to the Lieutenant the issuance of a written reprimand or higher discipline.
In accordance with Article 14 of the FOP 85 CBA, JAAPD employees are considered probationary employees for the first?
2,080 regularly paid hours (i.e. straight time hours, not overtime hours)of employment, during which time such employees may be laid off, disciplined or discharged with or without cause).
The Lieutenant is empowered to:
3. Issues verbal warnings, written reprimands (in conjunction with Human Resources); 4. Relieve a subordinate of duty with pay (in conjunctions with Human Resources); 5. Relieve a subordinate of duty with pay or reassign the member to restricted duty (in conjunction with Human Resources); and 6. Make recommendations to Human Resources for suspensions, demotions and discharges.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
5. A pattern of unreliable attendance, as determined by the Employer, such as being absent regularly on Friday's and Mondays, or on the day before and/or after a holiday. 6. Being tardy more than three times in a six month period
If an investigation of misconduct results in a determination to dismiss a member of the JAAPD, the following will be provided to the member.
A. A statement citing the reason for dismissal; The effective date of the dismissal; A statement informing the member of their appeal process in accordance with the CBA and Human Resources Handbook and Policy Manual.
A Final Written Warning may also include?
A reduction in pay, suspension without pay and/or demotion. Dates of any informal coaching or prior corrective/disciplinary actions related to the current misconduct, which occurred in the previous 12 months, must be documented on the Corrective Action Plan form.
If an investigation of misconduct results in a determination to dismiss a member of the JAAPD, the following will be provided to the member.
A statement reflecting the status of the individual's fringe and retirement benefits upon dismissal. Only the Director of Aviation Security can impose an emergency suspension without pay against a member in accordance with applicable CBA and the JAA Human Resource Policy & Procedure manual.
Discipline may include?
A written warning, a final warning or termination. Written or Final warnings are memorialized on a Corrective Action Plan form (HR-012) which expires 12 months after the date of issue. A Written Warning and Final written warning may include a reduction in pay, suspension or demotion.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
A. Insubordination, disrespectful behavior in the form of demeaning superior officers, other employees or the employer, or refusal to obey the lawful command of a superior officer; B. Falsifying statements or records; C. Stealing;
If the emergency suspension is not upheld:
All equipment will be returned to the member immediately.
Informal Coaching is?
An oral communication between a manager and an employee which is corrective and positive in nature. It is the first step in bringing about improvements in the employee's behavior. It may involve, among other things, a procedural clarification, recommendation to obtain additional training, suggestions for improvement, an oral admonishment for inappropriate behavior or a suggestion that the employee take advantage of the Employee Assistance Program (EAP).
Article 7 of the respective CBAs outline the procedures to be followed when?
Appealing disciplinary action.
Disciplinary action will be administered in accordance with?
Article 8 of the FOP 85 CBA
Recommendations of suspension without pay, reduction in pay, forfeiture of leave time, demotion, or dismissal shall be routed through the?
Chain-of-command to the Director of Aviation Security. The Internal Affairs Unit will be responsible for the preparation of all necessary documents dealing with suspensions without pay, reductions in pay, forfeiture of leave time, demotions, or dismissals.
The above policy for Police Officers will apply, as appropriate, to?
Civilian members of the JAAPD
Dates of any informal coaching or prior corrective actions related to the current misconduct, which occurred in the previous 12 months, must be documented on the?
Corrective Action Plan form.
Verbal Warnings must be documented on a?
Corrective Action Plan. A verbal warning is not considered formal discipline. A copy of the form will be filed in the employee's manager's file for record keeping, a copy will be given to the employee and the original will be forwarded to Human Resources.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
D. Unauthorized drinking, or being under the influence of or possessing alcoholic beverages while on duty; E. Violation of Employer's Drug and Alcohol Free Workplace Practice or Policy; F. Failure to use reasonable care intentional, willful or wanton misconduct while on duty;
Any appeals that cannot be handled within the Division will be?
Directed to the Human Resources Department.
Managers will contact Human Resources before engaging in any kind of?
Disciplinary action, and partner with them (HR) in formulating the Corrective Action Plan.
All communications between a supervisor and an employee in the context of discipline, even if no formal disciplinary action is being taken, should be?
Documented to maintain the integrity of the system.
JAA reserves the right to combine or skip steps depending on the?
Facts of each situation and the severity of the offense
Final Written Warning is a?
Formal documented conversation between a manager and an employee about a continuing disciplinary or performance problem. It is the last step before termination.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
G. Participating in a fight while on duty, except in lawful self-defense of the employee, or to protect the public, or in furtherance of the Employer's mission; H. Failure to immediately report accidents involving damage to Employer property or failure to immediately report accidents on duty which may result in property damage or injury to a person; I. Any act which may interfere with the employee's safety or operation of the Employer's mission;
However, there is some conduct which is so egregious that it warrants advancing to a?
Higher level of disciplinary action or immediate termination.
Below are examples of policy violations that could lead to formal disciplinary action, up to and including termination. The administration of discipline is a collaborative effort between management and Human Resources. Managers will contact?
Human Resources before administering any disciplinary actions
When an emergency suspension without pay is imposed, the Officer's Lieutenant or designee will secure the suspended member's
ID badge, all JAA issued weapons, critical equipment and any JAA vehicle in the employee's possession, if applicable.
A Verbal Warning should be?
Issued in a positive manner and be corrective in nature.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
J. Conduct that brings discredit to the Employer, such as rudeness to the public; any form of sexual, gender, racial, or other harassment on a member of the public or a fellow employee; or criminal conduct on or off duty; K. Being convicted for a felony or a misdemeanor involving perjury, false statement, or evidencing bad moral character. An employee arrested may be suspended without pay pending the outcome of the criminal proceedings. A conviction includes a disposition of the criminal proceedings that results in a withholding adjudication of guilt; L. Failing to notify the Employer of any arrest within forty-eight (48) hours of the arrest;
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
M. Being absent from the working area during working hours without authorization; N. Sleeping while on duty except when authorized by the Employer during emergency situations; O. Wrestling, horseplay or any other act which is likely to interfere with the safe or efficient operation of the employer;
Written Warning is a?
More serious official, censure of unacceptable conduct which is administered in a positive manner. It is the second step in the progressive corrective action, but it is the beginning of Formal Disciplinary Action.
The suspended member will be instructed to report to his or her Lieutenant the next?
Normal business day.
A Written Warning places the employee?
On notice of a critical issue that must be corrected immediately. The employee must understand that the conduct for which the written warning was issued will not be tolerated. A written warning documents the fact that the employee has been officially advised of the nature of his or her misconduct and warned that any future violations will result in a final written warning, and that may include suspension without pay, reduction in pay or demotion.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
P. Unauthorized absence; Q. Failure to elevate and sustain overall work performance to a satisfactory level, after receiving a below standard or unacceptable performance evaluation, and after being given a Performance Improvement Plan designed to address work performance deficiencies, provided that the subsequent evaluations were reviewed and upheld by a representative of the Employer other than the evaluator; R. Negligence or failure to observe safety regulations or use proper Authority provided protective devices;
Generally, discipline shall be administered in a?
Progressive manner (i.e. increasingly severe measures are taken for the same or a similar offense
The disciplined employee has the right to submit information to their personnel file to?
Refute or explain the reasons for dismissal, if applicable.
When determining the appropriate level of discipline, management will consider the?
Seriousness and frequency of offenses, the circumstances surrounding the incident, and whether or not the act or omission was intentional, due to faulty judgment or due to inadequate training
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
S. Violation of a published work rule, regulation, standard operating policy, or standard practice;
Only the Director of Aviation Security or designee, after consultation with the Director of Human Resources, can?
Suspend, reduce pay, cause forfeiture of leave time, demote, or dismiss an employee. The Director of Aviation Security is not bound by the recommendations of subordinates and shall, independently make final disciplinary decisions considering the interests of the public, the JAA and JAAPD, and the member.
At any time the employee may opt to discuss any concerns with?
The Human Resources Department if confidentiality or comfort issues dictate such an approach.
To initiate an appeal of disciplinary action.
The employee must submit a letter of appeal to his or her Division Director with a copy to the Human Resources Department.
The letter of appeal will be reviewed, investigated, and a written conclusion will be sent to?
The employee. A copy will be maintained in the employee's personnel file in the Human Resources Department.
If the immediate supervisor cannot resolve the issues, the exempt employees may discuss the issue with?
The next level authority within their chain of command.
When determining the appropriate level of discipline, management will consider the?
The resulting negative impact on the organization, JAA's obligations to the public, its duty to maintain order, decorum and safety in the workplace and the employee's work history, will also be taken into consideration
Exempt employees (Civilians, Lieutenant, and Director of Aviation Security) will discuss any grievance with?
Their immediate supervisor in order to resolve any differences.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
U. Suspension or revocation of driver's license or suspension when license is required to perform the job or suspension or revocation of the SIDA badge; V. Violation of Corner stone of Culture Practice.
The following are examples of policy violations that could lead to formal disciplinary action, up to and including termination:
Use of more than three (3) separate unscheduled occurrences of absence for illness within a ninety (90) day period without providing a physician's certificate or other evidence of some injury. Failure to provide a physician's certificate or similar evidence of illness or injury after being notified by the Employer that such information will be required for future absences.
Informal counseling does not require?
Written documentation. However, supervisors shall make keep a record of the informal coaching by noting the date and content of the conversation.