Download Senate Bill 924

Employee Relations Department
Training Module
Employee Relations Specialist
Welcome to J. Iverson Riddle Developmental Center. My name is Nina Harding, and I am the
Employee Relations Specialist. My role is to serve as liaison between Management and Employees,
ensuring everyone’s rights are followed. My Office is located in the Administration Building.
Please feel free to contact me anytime you have questions and/or concerns regarding policies and
procedures relating to Employee Relations issues. The following slides will give you basic
information regarding the Alcohol and Drug-Free Workplace Policy, Disciplinary Action Procedures
and Grievance Procedures. Again, please don’t hesitate to contact me if you have questions.
Office Phone: 433-2828
Beeper: 438-3078
Alcohol and Drug Free Workplace Policy
Zero-Tolerance for Alcohol/Drugs or Any Drug
Paraphernalia on the Campus
• Maintenance of an
alcohol and drug free
workplace
• An Employee under the
influence of drugs or
alcohol will not be able
to efficiently attend to
their duties.
Alcohol and Drug Free Workplace
• An employee convicted of violating any criminal drug or alcohol
statute must notify their supervisor no later than five (5) calendar
days after such conviction. This includes DWI convictions.
Failure to provide notification will result in automatic dismissal.
Alcohol and Drug-Free Workplace
• Reasonable cause drug
testing is testing on the belief
that an employee is using or
has used alcohol or drugs
while attempting to perform
their duties.
• A conviction of a criminal
drug or alcohol statute
violation within the past year
(includes DWI) establishes
reasonable cause for a drug
test.
Disciplinary Action Guidelines
The State’s Disciplinary Policy is a
crucial element in the communication
process
Bases for Discipline
• Discipline or dismissal imposed on the basis of
unsatisfactory job performance, including grossly
inefficient job performance;
• Discipline or dismissal imposed on the basis of
unacceptable personal conduct.
Examples of Unsatisfactory Job Performance
• Inability to complete work in a timely
manner.
• Poor safety practices
• Poor work quality
• Poor judgement
Examples of Unacceptable Personal Conduct
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The willful violation of known or written work rules
Abuse of residents
Insubordination
Violation of a criminal statute
Misuse of state property
Violation of DHHS Directive #47 (Drug and Alcohol
Free Workplace)
Fighting or instigating a fight in the workplace or
other intimidating behavior
Sexual Harassment
Smoking in a non-smoking area
Sleeping on the job
Failing to obtain approval before engaging in
secondary employment
Internal Investigations
• An employee’s refusal to
cooperate in a
reasonable,
administrative
investigation will be
considered a personal
conduct issue and may
result in disciplinary
action up to and
including dismissal.
Written Warnings
• Should include:
– Specific issues that are the basis for the warning
– Specific improvements or corrections
– Timeframe for making required improvements
– Consequences for failing to make required improvements
– Employee’s appeal rights
Written Warning Will Remain Active Until:
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The employee’s supervisor notes in the employee’s personnel file that the reason for
the action has been resolved or corrected;
The purpose of the performance based action has been achieved as evidenced in the
employee’s latest overall performance summary following the action by a summary
performance rating of “Good” or better and a rating of “Good” or better in the area of
performance cited in the action;
18 months have passed since the action, the employee does not have another active
warning or other disciplinary action which occurred during the 18 months and the
employee’s supervisor or manager has not issued to the employee notice of extension
of the action prior to the expiration of the 18 months.
Removal of Warnings
• Is Agency Option
– J. Iverson Riddle Developmental Center’s Director
does not allow written warnings to be removed from
personnel files;
– they are marked inactive whenever timeframes have
occurred or management has made a note in the file
that the intent of the warning(s) has been met.
Resignation in Lieu of Dismissal
• You may resign at any time.
• Resignation will change, to some
degree, what is released to
prospective employers.
• Supervisors should never suggest
resignation in lieu of dismissal;
that is viewed as if it were a
dismissal
Future Work References/Resignation vs. Dismissal
• Resignation changes
what is released.
– Unless you give us written
permission, we can only
release public information
to anyone outside the
DHHS “umbrella”.
What is Public Information?
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Name
Age
Entry on Duty
Current Position &Title
Current salary and date of most
recent change in salary
• Date of most recent promotion,
transfer, reallocation, disciplinary
suspension, demotion or separation,
other changes in position
classification
• Where assigned
Health Care Registry
• All allegations of resident
abuse must be reported to the
Health Care Registry.
• Health Care Registry will
conduct its own investigation
• Substantiations will be placed
on the registry and health
care agencies must not hire
these people (nursing homes,
institutions like JIRDC, day
cares, etc.)
Employee Grievance Policy, DHHS
Directive III-8
• If you are an employee with a
permanent appointment, you may use
the grievance policy.
• Employees with probationary
appointments have limited grievance
rights.
Grievable Issues
• Disciplinary Actions
– Written Warnings go to Step #2
– Demotion, Suspension and Dismissal
will go to Court of Law if you are a
career employee.
Grievable Issues, Cont.
• Denial of promotion
– If you believe you were denied
promotion due to management’s
failure to post notice of the
promotional opportunity or failure
to give you priority consideration
as required by State law, you may
use the grievance procedure.
Grievable Issues, Cont.
• Allegations of unlawful
discrimination
• Involuntary separations due to
unavailability after leave has
been exhausted
• Reduction-in-Force separation
Issues That Are Not Grievable
• Supervisory conferences and counseling sessions
• Job and shift assignments within your current
classification
• Requirements to work overtime
• Disapprovals of vacation leave requests
Attorney Representation
• While you may secure legal
assistance at any time, neither
the employee or the agency
may be represented by
counsel until the matter
reaches a court of law.
Employee Relations Training Module Post-Test
Mark Answers in the column to the left of question numbers.
True or False
1. An employee has five (5) calendar days to report they have a
conviction of a criminal drug or alcohol statute violation.
2. A state employee can only receive disciplinary action if there is
just cause.
3. An employee doesn’t have to cooperate with investigative
procedures if they don’t want to “squeal” on their co-workers.
4. J. Iverson Riddle Developmental Center can release
information about me to any other employer with or without my
permission.
5. An employee can file a grievance if they are required to work
overtime.
6. Neither the employee nor the agency may be represented by
legal counsel until a grievance reaches a court of law.
Policy References for J. Iverson Riddle Developmental Center Training
Module
Alcohol and Drug Free Workplace Policy can be found online: Go to JIRDC Webpage; Click on
“Support Services”; Click on “Human Resources"; Click on “HR Division”; Click on “Policies”;
Click on “HR Policy Manual”; Click on “Alcohol and Drug Free Workplace Policy”.
Disciplinary Action Guidelines can be found online: Go to JIRDC Webpage; Click on “Documents
and Forms”; Click on “Forms”; Click on “Human Resources”; Click on “Disciplinary Guidelines”.
Employee Grievance Policy (DHHS Directive III-8):
Follow the procedure outlined above until the last step; Click on “Employee Grievance Policy”.
PMS Grievance Policy (DHHS Directive III-9):
Follow the procedure outlined above until the last step; Click on “PMS Grievance Policy”.
You may print this page for your future reference. You may also contact Nina Harding at 4332828 for further information and assistance.
Certification of Completion of Employee
Relations Training Module
Must be completed no later than the 15th day of the month of Employee’s
General Orientation
This is to certify that I have completed the Employee Relations
Training Module on ___________________________(date).
________________________
Employee’s Signature
Employee’s Work Unit: _____________________ Shift: _______
(Return completed packet to your Staff Development Specialist)