Section 22-B8502. GUIDELINES FOR CORRECTIVE/DISCIPLINARY ACTION

 

8502.1Policy: Employees shall perform their jobs in a competent and professional manner, adhering at all times to the rules of conduct of the institution. Managers are expected to counsel and appropriately discipline employees for failure to do so. This shall enable the PBC to ensure that its employees exhibit appropriate behavior. The Employee Relations Department shall be available to assist those affected by the disciplinary process. The disciplinary action taken should accomplish the following:

 

(a)Modify unacceptable behavior;

 

(b)Deter repeated violations;

 

(c)Be suitable to the offense;

 

(d)Be consistent with PBC and departmental procedures; and

 

(e)Safeguard patients, visitors, and employees from disruptive behavior.

 

8502.2Guidelines: The following are guidelines provided to managers in situations where disciplinary action may be appropriate. They are not a promise at progressive discipline in any situation since PBC can terminate any manager or employee at will, with or without notice, for any reason or no reason, unless provided otherwise in and applicable union-management collective bargaining agreement. The following guidelines are intended solely to ensure that an adequate record of warning and disciplinary action exists in the event it becomes necessary to respond to a charge of discrimination or support a disciplinary action in some other legal proceeding. Managers are encouraged to discuss potential disciplinary actions with and Employee Relations Department representative. The guidelines are as follows:

 

(a)The immediate supervisor shall be responsible for initiating disciplinary action if an infraction has occurred;

 

(b)When the manager becomes aware of the infraction, an investigation shall take place. The manager shall gather all appropriate information, including all physical evidence and witness statements. The employee shall be spoken with to obtain their view of the incident. A review shall take place by the manager to assess the appropriateness and level of disciplinary action. The manager shall prepare a written record of the entire investigation;

 

(c)The disciplinary process may include the following:

 

(1)Counseling - a discussion between the employee and the manager that seeks to resolve the unsatisfactory performance. This is used for relatively minor infractions and may be reduced to writing;

 

(2)Written warning-when the infraction is more serious or has not been resolved through counseling, the warning should be reduced to writing and presented to the employee;

 

(3)Suspension - a written warning containing a day or days suspension without pay for serious infractions or when a written warning has not brought about appropriate behavior; and

 

(4)Discharge - used for major infractions or when prior discipline has not brought about appropriate behavior.

 

(d)Prior to taking action to suspend or discharge an employee, the manager must consult with an Employee Relations department representative;

 

(e)In determining the appropriate level of discipline, the manager shall at a minimum consider the following:

 

(1)Seriousness of the infraction;

 

(2)Employee’s work history;

 

(3)Time span of prior discipline;

 

(4)Extenuating circumstances; and

 

(5)Departmental disciplinary practices.

 

(f)For employees represented by a union, when a manager issues a warning, the employee shall have an opportunity to have a union representative present in accordance with the applicable collective bargaining agreement. If the employee waives the right to representation, it shall be noted on the disciplinary form. The manager shall also have a management witness present. The warning shall be read to the employee, and the employee asked to sign the notice. If that is refused, the witness shall sign the notice attesting to said fact. In all cases, the representative’s name shall be noted on the notice.

 

source

Final Rulemaking published at 45 DCR 7353, 7386 (October 9, 1998); as amended by Final Rulemaking published at 45 DCR 7727 (October 30, 1998).