Labor Relations Fundamentals for Community College Districts

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Unsatisfactory Performance

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Off-Duty Misconduct

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Union Rights

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Dress and Grooming Standards

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Retaliation

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Employee Performance Evaluations

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Tenure Decisions

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Violation of Past Practice

1. D ISCIPLINARY A CTIONS Most frequently, grievances over disciplinary action challenge whether management had “just cause” for such action. In determining whether or not management was justified in taking such disciplinary action, the trier of fact will look to:

 Whether there was a policy or a rule involved;

 Whether the employee was forewarned;

 Whether the employee was aware of the consequences;

 Whether the investigation was conducted in a fair and impartial manner; and  Whether the penalty invoked against the employee is appropriate to the alleged misconduct. (For example: Did management take into consideration the employee’s work history, past disciplinary record, as well as the nature or severity of the current infraction?)

Obviously, questions of substantive proof must also enter into the process. This is where a neutral trier of fact, such as an arbitrator, will look for a “preponderance of evidence” that the alleged misconduct occurred before ruling. a. Excessive Absenteeism One of the most prevalent disciplinary problems facing public agencies today, including community college districts, is absenteeism. The cost of absenteeism to the employer is considerable; it adversely affects employee morale, interrupts schedules, slows production, and raises overtime costs. Experts estimate that the cost of employee absenteeism to the American economy is in the billions of dollars per year. Employers must consider whether proposed rules regarding attendance problems and abuse of leave should be negotiated prior to their implementation. The EERA requires public schools and community college districts to meet and negotiate in good faith regarding “matters relating to wages, hours of employment, and other terms and conditions of employment.” “Terms and

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 51