LABOR AND EMPLOYEE RELATIONS If a manager or supervisor needs guidance with respect to labor relations or disciplinary matters, he/she should consult with the Human Resources Division so that practical and effective recommendations can be made. This may result in a review of the collective bargaining agreements, review of the performance advisory documents and a review of the progressive discipline steps taken. Disciplinary action shall be imposed only for just cause. This means that the alleged conduct bears some relationship to the employee’s position or employment. Generally, discipline is intended to be progressive in nature and corrective in aim. Progressive discipline may include pre-disciplinary measures, minor discipline (suspension of 5 days or less) and major discipline (suspension of more than 5 days, fines, disciplinary demotion, removal, resignation not in good standing). However, there are cases in which the actions of employees are so serious in nature, e.g., a violation of the law or the Code of Conduct, that progressive discipline need not be followed. Please see the attached Progressive Discipline Quick Reference Guide. Managers and supervisors are also expected to provide consistent messages with respect to behavioral and performance expectations through the performance advisory process. Performance advisories are necessary to ensure that employees know what is expected of them in relation to the performance of their duties. It also ensures that there is a continued and productive dialog between managers and their staff concerning the goals and objectives of each unit within the Judiciary. Documentation of the performance advisory meetings will aid the manager or supervisor and Human Resources in addressing a performance concern through the progressive discipline process. As there are procedures for conducting a disciplinary investigation, different contractual bargaining unit provisions and different forms and procedures for classified and unclassified employees, it is important that managers and supervisors attend Disciplinary Training and consult with Human Resources on labor and employment matters. Discipline cases involving Code of Conduct violations and violations seeking a penalty of more than a 30-day suspension must be brought to the attention of Labor and Employee Relations as well as Counsel to the Director, as efforts are continuously made to ensure consistency in disciplinary actions, as per our collective negotiations agreements. 20

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