Conduct Management

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Conduct Management

• Module 15
• National Guard
• Technician Personnel Management Course

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Discipline and Adverse Action TPR 752
752-1 Voluntary and Non-Disciplinary Actions TPR
715 MAJ Dion Kaimihana Labor Relations Specialist
.
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• TECHNICIAN DISCIPLINE IN THE GUARD
• 32 USC 709
• TAG is FINAL Authority for all Discipline and
  Adverse Actions
• (f) Notwithstanding any other provision of law
  and under regulations prescribed by the Secretary
  concerned
• (2) a technician may, at any time, be separated
  from his technician employment for cause by
  the adjutant general of the jurisdiction
  concerned
• (3) a reduction in force, removal, or an
  adverse action involving discharge from
  technician employment, suspension, furlough
  without pay, or reduction in rank or compensation
  shall be accomplished by the adjutant general
  of the jurisdiction concerned (4) a right of
  appeal which may exist with respect to
  paragraph (1), (2), or (3) shall not extend
  beyond the adjutant general of the jurisdiction
  concerned
• NGB Supervisory Development Training
  Conduct Mgt VG 14

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• SUPERVISOR RESPONSIBILITY
• Paragraph 1-4
• Maintains an office or shop atmosphere which is
  conducive to good employee-management relations
• Practices and maintains discipline to reduce the
  need for formal discipline or adverse actions
• Ensures employees understand the duties and work
  practices, safety and security requirements and
  administrative procedures
• Ensures any disciplinary action is justified by
  the facts and circumstances and is consistent
  with agency policy, precedent, and applicable
  collective bargaining agreement
• NGB Supervisory Development Training
  Conduct Mgt VG 5-A

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• TYPES OF 752 ACTIONS
• Non-Disciplinary (Pre-Disciplinary)
• Counseling
• Oral
• Admonitions
• Written in Work Folder
• Disciplinary
• Letter of Reprimand
• Grievable but not appealable
• Adverse Actions
• Suspension without pay
• Reduction to lower grade
• Removal

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• NON-DISCIPLINARY ACTIONS
• (Pre-Disciplinary)
• Non-Disciplinary Action (2-1) is appropriate
  where the offense is minor and cessation or
  non-repetition of the offense is a satisfactory
  resolution of the matter. (Different from
  Non-Disciplinary Acts in TPR 715).
• Counseling (2-2) Counseling is appropriate in the
  first instance. Counseling is oral and not
  recorded.
• Admonition (2-3) If after counseling misconduct
  continues or is repeated, but non-disciplinary
  action is still warranted.
• Written in Supervisors work folder (kept up to 1
  year)
• Technician has right to reply

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• DISCIPLINARY ACTION
• Letter of Reprimand (LOR)
• May require an investigation
• Preponderance of the Evidence Standard
• Must include
• Written description of misconduct
• Time that letter will be placed in OPF (1-3
  years)
• Notice that the LoR is grievable
• Statement that further offenses could result in
  Adverse Action,
• to include suspension, change to a lower grade
  level or removal.
• NGB Supervisory Development Training
  Conduct Mgt VG 7

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• TYPES OF ADVERSE ACTIONS
• Suspension
• Involuntary change to lower grade
• Removal
• NGB Supervisory Development Training
  Conduct Mgt VG 8

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5-STEP ADVERSE ACTIONS PROCESS STEP 1.
Notice of Proposed Adverse Action STEP 2.
Technicians Reply STEP 3. Original Decision
Letter STEP 4. Administrative Appeal STEP 5.
Final Decision NGB Supervisory
Development Training Conduct Mgt
VG 10-A
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• NOTICE OF PROPOSED ADVERSE ACTION
• Initiated by someone in technicians supervisory
  chain
• Must develop the facts by a pre-ponderance of
  the evidence
• Notice Must Contain
• The cause for action being taken
• If for off-duty conduct, must fully explain
  nexus
• What penalty is being proposed
• Table of Penalties Appendix D as a general guide
• Right to review evidence supporting the action
• Review and copy evidence, interview witnesses if
  they consent
• Right to reply
• Minimum 7 day suspense and 4 work hours to
  prepare
• Deciding Officials Contact Information
• If investigation is conducted, preserve
  employees Weingarten Rights
• Must be prepared in conjunction with HRO

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• ORIGINAL DECISION LETTER
• Deciding Official as named in proposed action
  latter
• Original decision contains
• Statement of what action has been decided upon
• Uphold, reduce, or dismiss adverse action
• Date the action will be effective
• If removal , cannot be sooner than 30 days from
  letter
• Reference to the Technicians replies
• Refer to all replies from technician and comment
• Reason for the decision
• Note consideration of Douglas Factors
• HRO Assistance information
• Appeal Rights
• Right to Appellate Review or NGB hearing
  examiner
• Notice that unless appeal in timely manner,
  letter become final

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• ADVERSE ACTION APPEALS THE NATIONAL GUARD
  HEARING EXAMINER PROGRAM
• TPR 752-1
• Hearing Examiner Program is NGBs Alternative to
  MSPB
• NGB Certified
• From a different states National Guard
• Hearing Examiners role
• Attempt Mediation
• Hear facts and merits of case
• Create neutral record and findings of fact
• Make recommendation to TAG
• TAG has final authority, however
• Possible outside interference from
• Federal Labor Relations Authority Unfair Labor
  Practice
• Equal Employment Opportunity Committee -
  Discrimination

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• VOLUNTARY AND
• NON-DISCIPLINARY ACTIONS
• TPR 715
• Loss of military membership
• Terminated 30 days later
• Failure to meet a condition of employment
• Management Directed Reassignment
• Must be to same grade and pay
• Notice must be given which includes
• Reason for reassignment
• Effective date for action
• Provide reasonable amount of time to accept or
  reject (5 days)
• Benefits information of technician rejects and is
  terminated
• Transfer of function
• Technician must be given notice of
• Explain why the transfer of function is occurring

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• NON-DISCIPLINARY ACTIONS (CONTD)
• Furlough of 30 days or less (22 work days)
• Management has authority to furlough workforce
  for legitimate reasons
• HRO prepares and issues written furlough notices
• Enforced leave
• Management can require technicians to leave the
  worksite when
• Tech is not ready, willing and able to perform
  assigned duties, and/or
• Techs continued presence is highly undesirable
  or
• presents an immediate threat to the government
  property or the well being of the tech,
  co-workers or the public
• Cannot be continued once management determines
  the technician is ready willing and able to
  perform assigned duties or the immediate
  emergency is resolved.
• If no reasonable explanation, the LWOP
• If reasonable, then give option to use leave
• Examples out of uniform, drunk, enraged,
  uncouth, emotionally unstable, etc
• NGB Supervisory Development Training
  Conduct Mgt VG 14

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• FAILURE TO MEET A CONDITION OF EMPLOYMENT
• Technicians who fail to maintain a condition of
  employment can be reassigned or a lower grade or
  terminated. Some examples
• Failure to maintain a compatible assignment
• Failure to maintain military appointment
  requirement
• Failure to maintain rank required for position
• Failure to maintain state drivers license
• Failure to maintain current qualifications as an
  aircrew member
• Failure to meet the physical standards required
  for an aircrew
• Revocation of authorization to carry a firearm
• Failure to maintain security clearance
• Failure to remain qualified in the Personnel
  Reliability Program
• Failure to complete military training
• Physical inability to perform technician duties
  efficiently and/or safely
• Failure to maintain compatible military
  assignment
• Failure to restore to technician status after 5
  years of Uniformed Service.

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• VOLUNTARY ACTIONS
• Resignation
• A Tech can resign at anytime, advance notice not
  required
• Management cannot demand, but can offer in
  alternative to removal
• Tech can request to withdraw resignation before
  effective date
• Management can deny, if position abolished or
  already committed
• Voluntary Change to Lower Grade
• Must be in writing
• Management cannot demand, but give option in
  lieu of adverse action
• Tech can request to withdraw resignation before
  effective date
• Management can deny, if position abolished or
  already committed
• Optional Retirement
• A Tech can resign at anytime, advance notice not
  required
• Management cannot demand, but can offer in
  alternative to removal
• Technician can request to withdraw resignation
  before effective date
• Abandonment of Position
• A Tech can be removed if fail to report to work
  in reasonable time (10 days)

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Questions? MAJ Dion Kaimihana Labor
Relations Specialist
.