Last Chance Agreements  |  Procedures  |  Representation
Right to Remain Silent  |  Standards for Action & Penalty  |  Stay of Discipline
Supervisors (Management Officials)  |  Supervisory Notes/documentation  |  Time Limits
Union Officials  |  Miscellaneous

1. Supervisor to inform the employee, in the context of an investigatory discussion which may lead to disciplinary action, that the employee has the right to remain silent and to refuse to give a written statement. IBEW, Local 1186, 4 FLRA 217 [N]. Reversed in Navy Public Works Center v. Federal Labor Relations Authority, 687 F.2d 97 (9th Cir. 1982).
2. Employee to be appraised of certain rights, i.e., the right to representation and the right to remain silent when being interviewed regarding possible criminal misconduct; the right to be appraised that the failure or refusal to answer questions in criminal investigations may result in disciplinary action; and the right to be appraised that a false answer may result in criminal prosecution. NTEU, 9 FLRA 983, Article 3, Section 12 [N]
3. Giving an employee the right to remain silent in any discussion the employee believes might result in action against him. Federal Employees Metal Trades Council, 15 FLRA 343, Provision 1 [NN]
4. Giving employees the right to remain silent in interviews from which they believe disciplinary actions may result. AFGE, Local 1812, 16 FLRA 308, Provision 1 [NN]
5. Posting of signs stating the right to employees to remain silent under the 5th Amendment. NTEU, Chapter 21, 18 FLRA 405, Proposal 2 [NN]
6. Allowing an employee to remain silent in an investigation. NFFE, Local 29, 21 FLRA 233, Proposal 3 [NN]

Standards for Action & Penalty

1. Prohibiting any action against an employee for indebtedness unless ordered by a court. AFGE, Local 1858, 10 FLRA 440, Proposal 1, Section 4C [NN]
2. Preventing the removal of a civilian technician from civilian employment when the technician is separated from the National Guard or ceases to hold the military grade specified for his position. ACT, Montana Air Chapter, 11 FLRA 505, Proposal 4 [NN]
3. Preventing the agency from using as a basis for action against an employee allegations of discourtesy made more than 24 hours after the incident. AFGE, Local 1770, 17 FLRA 752, Proposal 3 [NN]
4. Allowing employees to have certain personnel actions which affect them, and which were taken after June 3, 1977, canceled. NTEU, Chapter 91, 19 FLRA 647, Proposal 2 [NN]
5. Limiting the agency’s right to suspend an employee's right to drive on the facility. AFGE, Local 2302, 19 FLRA 778, Proposal 1 [NN]
6. Allowing for separation from technician employment only for just cause. ACT, Montana Air Chapter, 20 FLRA 717, Proposal 9 [NN]
7. Agency to choose between holding the employee financially liable for loss or imposing disciplinary action. NFFE, Local 29, 21 FLRA 233, Proposal 2 [NN]. Remanded in National Federation of Federal Employees v. Federal Labor Relations Authority, 812 F.2d 746 (D.C. Cir. 1987). On remand, Kansas City District Army Corps of Engineers, 27 FLRA 405 [NN]
8. Allowing the agency to hold an employee liable for loss, damage, or destruction of agency property only when it results from “gross negligence.” AFGE, Council 214, 21 FLRA 244, Proposal 1 [NN]
9. Agency to continue to use gross negligence as the standard for holding an employee pecuniarily liable for the loss, damage or destruction of Air Force property. NAGE, Local R7–23, 21 FLRA 978, Proposal 2 [NN]
10. Preventing the agency from using any records to which an employee is denied access to adversely affect the employee. Overseas Education Association, 22 FLRA 351, Proposal 4 [NN]
11. Protecting employees who rely on agency guidance when taking actions with which their supervisors later disagree. AFGE, SSA Locals, 23 FLRA 329, Proposal 4 [N]
12. Limiting the amount the government can collect for damages to government property to one month’s salary. NAGE, Local R7–23, 23 FLRA 753, Proposal 3 [NN]
13. Prohibiting an agency from taking disciplinary action against employees for occurrences alleged to have happened more than one year previously. AFSCME, Local 2478, 24 FLRA 87, Proposal 1 [NN]
14. Limiting the agency in disciplining an employee to selecting the minimum discipline “to achieve a proper disciplinary objective” and using formal disciplinary measures only “for more serious offenses.” International Plate Printers, Die Stampers and Engravers Union, Local 2, 25 FLRA 113, Provision 23 [NN]
15. Providing general standards by which management’s application of its rights to take disciplinary action against employees could be evaluated in a subsequent grievance as they are appropriate arrangements for adversely affected employees. International Plate Printers, Die Stampers and Engravers Union, 25 FLRA 113, Provision 22 [N]
16. Agency to continue to use gross negligence as the standard for holding an employee pecuniarily liable for the loss, damage or destruction of Air Force property. On remand, AFGE, Local R7–23, 27 FLRA 768 [NN]
17. Allowing the agency to hold an employee liable for loss, damage, or destruction of agency property only when it results from “gross negligence.” On remand, AFGE, Council 214, 27 FLRA 814 [NN]
18. Preventing management from taking disciplinary action against an employee who cannot be contacted for an assignment of overtime work through no fault of his or her own. AFGE, Local 1815, 28 FLRA 1172, Provision 3 [NN]
19. In adverse action proceeding, only that information and evidence furnished the employee, the union, or both may be used against the employee. AFGE, Local 1458, 29 FLRA 3, Provision 7 [NN]
20. Adverse action or disciplinary action may be taken only for just and sufficient cause and that the penalty fit the offense. AFGE, Local 1458, 29 FLRA 3, Provision 8 [N]
21. Lowering the minimum penalty that management could impose for the offense of driving under a suspended or revoked driving license. NAGE, Local R4–6, 29 FLRA 966, Proposal 3 [NN]
22. Preventing the agency in certain circumstances from expeditiously suspending the driving privileges of employees based on their off base driving record. NAGE, Local R4–6, 29 FLRA 966, Proposal 4 [NN]
23. Prohibiting the suspension of driving privileges for incidents that occur off the installation. NAGE, Local R4–6, 29 FLRA 966, Proposal 4 [NN]
24. Concerning actions that would be taken by management with regard to employees whose installation driving privileges have been suspended or revoked for drunk driving or related offenses. NAGE, Local R4–6, 29 FLRA 966, Proposals 6, 7, and 8 [NN]
25. Limiting the penalty the agency may impose when an employee is demoted for unacceptable performance by requiring that a demotion be to the fifth step of the highest grade in which the quantitative performance would be considered acceptable. POPA, 29 FLRA 1389, Proposal 8 [NN]
26. Making agency’s table of penalties part of the contract. New York Nurses Association, 30 FLRA 706, Proposal 11, Section 7.10 [NN]
27. Disciplinary action will not be taken in cases of error of professional judgment where negligence is not involved or in cases of differences of professional opinion. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 1 (second sentence) [NN]
28. Limiting the types of disciplinary action which may be taken against an employee under title 38, United States Code, section 4110. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 1 [NN]
29. Concept of progressive discipline should be followed when appropriate in imposing remedies for disciplinary conduct and that the Table of Penalties in the agency's regulations should be used as a guide in determining proper levels of discipline to be administered. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 7, Paragraph 10 [NN]
30. Limiting the agency’s prerogative to impose discipline for an offense not included in the agency’s Table of Penalties or covered by statute unless the agency can demonstrate that the offense is job related. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 7, Paragraph 11 [NN]
31. Disciplinary action can be based on matters covered by statute but not described in the Table of Penalties. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 7, Paragraph 12 [N]
32. Veterans Affairs Administrator to decide whether or not to take any disciplinary action where disciplinary penalty is not statutorily mandated. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 7, Paragraph 13 [NN]
33. Prohibiting the agency from taking disciplinary or adverse action against an employee based on an employees use of alcoholic beverages or other drugs unless there is a nexus between such use and job performance. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 20, Section 2 [N]
34. Limiting the agency in imposing discipline to the minimum necessary to correct the offending employee. AFGE, Local 1931, 32 FLRA 1023, Provision 19 [NN]
35. Agency’s consideration of prior disciplinary actions in assessing the appropriate penalty to impose on an employee for a current offense. AFGE, Local 1426, 34 FLRA 716 [N]
36. Agency to consider only like prior offenses when determining appropriate disciplinary action for subsequent offenses. AFGE, Local 1770, 34 FLRA 903 [NN]
37. Requiring that the standard of “nexus” will apply to disciplinary actions. AFGE, 35 FLRA 108 [N]
38. Requiring that the standard of “nexus” will apply to disciplinary actions. AFGE, National EPA Council, 35 FLRA 139 [N]
39. Limiting employee discipline to the minimum that can be expected to correct the employee and requiring that penalties imposed be applied consistent with the offense throughout the bargaining unit. International Association of Machinists, 36 FLRA 28, Provision 2 [NN]
40. Preventing management from imposing any penalty on employees whose lateness is attributable to malfunctions in the security gates. AFGE, Local 987, 37 FLRA 197, Part 2 (first sentence) [NN]
41. Expunging the disciplinary action upon the successful completion of the probationary period. AFGE, Council 214, 38 FLRA 309, Proposal 2e [NN]
42. Prescribing the range of penalties that can be imposed on an employee for a specified type of offense. NAGE, Local R4–45, 40 FLRA 56 [NN]
43. Concerning the consideration of prior offenses under the agency’s progressive discipline system. IAMAW, Lodge 39, 41 FLRA 1452 [NN]
44. The consideration of prior offenses under the agency’s progressive discipline system. IAMAW, Lodge 110, 42 FLRA 192 [NN]
45. Management to select the minimum discipline which can reasonably be expected to achieve the proper disciplinary objective. AFGE, Local 53, 42 FLRA 938, Provision 5 [NN]
46. Precluding management from bringing more than one charge against an employee for a single instance of misconduct unless unrelated offenses are involved. AFGE, Local 53, 42 FLRA 938, Provision 6 [N]
47. The employer is prohibited from bringing more than one charge against an employee for a single instance of misconduct. NAGE, Local R5–82, 43 FLRA 25, Provision 5 [NN]
48. Establishing a schedule of disciplinary offenses and penalties. Professional Airways Systems Specialists, Chapter 252, 44 FLRA 434 [NN]
49. Setting forth actions that the agency will take during an employee’s probationary period. NTEU, 45 FLRA 696, Provision 4 [NN]
50. Giving an employee an opportunity to resign before a written decision to effect a reduction in grade or removal is issued. NTEU, 53 FLRA 539, Article 13, Section 3M [N]
51. Precluding management from disciplining employees for refusing to obey orders. AFGE, Local 1815, 53 FLRA 606, Provision 8 [NN, (a)(2)(A)]
52. Precluding the agency from taking disciplinary or performance–based action against an employee based on the basis of assessments under the Quality Assurance Assessment Program. AFGE, Local 1709, 56 FLRA 549, Proposal 1 [NN, (a)(2)(A)]
53. Incorporating the Supreme Court’s express conclusion in Garrity, i.e., that protection of the individual against self incrimination prohibits use in subsequent criminal proceedings of statements obtained under threat of removal from office. Fraternal Order of Police, Lodge 1F, 57 FLRA 373, Proposal 13b [N]
54. Prohibiting the agency from terminating current WG–6 HWD who fail to get a Class C Commercial Drivers License. Tidewater Virginia Metal Trades Council, 58 FLRA 561 [PN, (b)(1)]
55. The ARMT shall not be the initiating source of any controller performance and/or disciplinary action. NATCA, 61 FLRA 341, Sections 3 and 4 [NN, (a)(2)(A)]

Stay of Discipline

1. Staying grieved suspensions and removals until a final determination is rendered. NTEU, Chapters 103, 111, 2 FLRA 148, Article 33, Section 2 [N]
2. Staying a pending or proposed personnel action which has been made the subject of a grievance or arbitration pending the final decision. AFGE, Local 547, 4 FLRA 368, Proposal 3 [N]
3. Prohibiting management from disciplining an employee as long as the employee is an active participant in a recognized drug/alcoholism program and staying disciplinary action if the employee enters such a program. NTEU, 6 FLRA 522, Proposal 1 [NN]
4. Staying a pending or proposed personnel action which has been made the subject of a grievance or arbitration pending the final decision. AFGE, Local 3098, 8 FLRA 7, Section 11 [N]
5. Staying disciplinary action, adverse actions, or actions based on unacceptable performance pending the outcome of an appeal to the Merit Systems Protection Board or a grievance under the negotiated procedures. NTEU, 9 FLRA 629, Proposal 2 [NN]. Reversed in NTEU v. Federal Labor Relations Authority, 712 F.2d 669 (D.C. Cir. 1983).
6. Staying actions pending an appeal to Merit Systems Protection Board. AFGE, Local 2192, 9 FLRA 716, Proposal 5 [NN]
7. Preventing the agency from suspending an employee’s driving privileges on its premises while a charge of driving while intoxicated is pending against the employee. Defense Logistics Agency Council of American Federation of Government Employees, 20 FLRA 166, Section 5 [NN]. Affirmed in Defense Logistics Agency Council of American Federation of Government Employees Locals v. Federal Labor Relations Authority, 801 F.2d 234 (D.C. Cir. 1987).
8. Staying a suspension or removal until the grievant exhausts his appeal rights (except for actions under the “crime provision” of section 7513(b)(1)). Dept. of Education Council of Locals, 36 FLRA 130, Proposal 2 [N]
9. Staying all disciplinary action pending resolution of the grievance through the negotiated grievance procedure. AFGE, Council 214, 38 FLRA 309, Proposal 2d [NN]
10. No personnel actions will be initiated against an emergency technician until after the employee has taken the examination for National Registry of Emergency Medical Technician paramedic certification five times and failed to achieve certification. NFFE, Local 1214, 40 FLRA 1181, Proposal 5 [NN]

Supervisors (Management Officials)

1. Prohibiting an untrained supervisor from taking disciplinary action. AFGE, Council of EEOC Locals No. 216, 3 FLRA 504, Article 5, Section H [NN]
2. Disciplining management officials and supervisors. NAGE, Local R7–23, 7 FLRA 710 [NN]
3. Disciplining management officials who exhibit anti–union animus. NFFE, Local 1430, 15 FLRA 45, Proposal 2 [NN]
4. Identifying the official who makes the final decision to remove employees and identifying officials with authority to propose removal. Hawaii Metal Trades Council, 22 FLRA 664 [NN]
5. In certain circumstances, the agency may be responsible for the acts of its managers and supervisors who engage in sexual harassment. National Immigration and Naturalization Service Council, 45 FLRA 391, Provision 3 [N]. Reversed in Immigration and Naturalization Service v. Federal Labor Relations Authority, 4 F.3d 268 (4th Cir. 1993).

Supervisory Notes/Documentation

1. Prohibiting the circulation or review of any supervisor’s personal notes, outside an employee’s chain of command. AFGE, Local 3732, 39 FLRA 187, Provision 9, Article 22, Section 11a. [N]
2. Requiring that the supervisory notes be shown to, and initialed by, the affected employee no later than 15 days after their creation and that failure to meet that deadline prevents use of the notes against the employees in disciplinary and adverse actions. AFGE, Local 3732, 39 FLRA 187, Provision 9, Article 22, Section 11c. [NN]
3. Preventing the use of supervisory notes over 18 months old in supporting disciplinary and adverse actions. AFGE, Local 3732, 39 FLRA 187, Provision 9, Article 22, Section 11d. 13 [NN]
4. Barring the use of supervisory notes or diaries to support disciplinary and adverse actions and performance-related actions unless affected employees are shown and provided copies of the documents. NTEU, 46 FLRA 696, Provision 2 [N]
5. Providing for the destruction of documentation relating to counseling and admonishment. AFGE, Local 900, 46 FLRA 1494, Provision 5 [NN]
6. Concerning the use of a supervisor’s notes to support disciplinary action. AFGE, Local 1603, 47 FLRA 311, Provision 1 [NN]

Time Limits

1. Agency to start an investigation of an incident for which a disciplinary action may be taken within 60 days after the incident or 60 days after management becomes aware of the incident. NFFE, Local 615, 17 FLRA 318, Provision 2 [NN]
2. Requiring 15 days notice for suspensions of 14 days or less. NAGE, Local R4–75, 24 FLRA 56, Provision 3 (second sentence) [N]
3. Prohibiting management from taking disciplinary action if it is not initiated within 15 days of the alleged offense or within 15 days of the date the supervisor becomes aware of the offense and requiring the completion of a disciplinary investigation report before formally proposing disciplinary action. AFGE, Local 1931, 24 FLRA 512 [NN]
4. Agency normally to initiate disciplinary action within 30 days after the event warranting the action or within 30 days after the agency becomes aware of the event. AFGE, Local 2298, 25 FLRA 517 [NN]
5. Agency will normally hold a discussion with an employee against whom disciplinary action appears to be warranted within 10 days of the decision that the action is warranted and that the employee will receive 48 hours notice of the meeting. IFPTE, Local 3, 25 FLRA 714, Provisions 3, 4, and 5 [N]
6. Prohibiting management from taking a disciplinary action if the action is not initiated within 5 days after the supervisor becomes aware of the incident or within 5 days after the completion of an investigation. Joint Council of Unions, GPO, 25 FLRA 1033, Proposal 3 [NN]
7. Disciplinary action will normally be initiated within 30 days after the offense or within 30 days after management becomes aware of the offense. AFGE, Local 2298, 26 FLRA 174 [NN]
8. Prohibiting the agency from imposing discipline upon an employee more than 60 days after the agency knew, or should have known, of the employee’s misconduct. NFFE, Local 1994, 27 FLRA 968, Provision 2 [NN]
9. Establishing contractual time limits beyond which the agency could not exercise its management right under the Statute to discipline. AFGE, Local 1458, 29 FLRA 3, Provisions 10 and 11 [NN]
10. In the event of a management change or modification of office technology, an employee shall have a grace period of not less than 60 days to bring performance to the satisfactory level and that a performance based disciplinary action taken against an employee during the grace period shall be for reasonable cause as will promote the efficiency of the service. NFFE, Local 1853, 29 FLRA 94, Provision 4 [N]
11. The effective date of a suspension will be not less than 10 days from the date of the decision letter. NFFE, Local 1853, 29 FLRA 1491, Provisions 9 and 16, Section (c) (second sentence) [N]. Reversed in Interior, Bureau of Land Management v. Federal Labor Relations Authority, 873 F.2d 1505 (D.C. Cir. 1989).
12. Certain disciplinary actions be taken no later than 30 days from date of alleged act or its discovery. NY State Teachers Association, 30 FLRA 706, Proposal 11, Section 710 (last sentence) [NN]
13. A notice of disciplinary action be served on the affected employee within 90 days of the event giving rise to the disciplinary action. AFGE, Local 2354, 30 FLRA 1130, Provision 6 [NN]
14. A 10–day period during which employees may respond to proposed adverse actions. NFFE, Local 1380, 36 FLRA 725, Provision 2, Section 15.04(b) [N]
15. Requiring 30 days’ notice prior to the discharge of a probationary employee. Overseas Education Association, Fort Rucker Education Association, 53 FLRA 941, Provision 1 [NN, LAW]
16. Requiring the agency to consider all responses to this notice made by the probationary employee. Overseas Education Association, Fort Rucker Education Association, 53 FLRA 941, Provision 2 [NN, LAW]

Union Officials

1. Management to obtain a ruling from the Federal Labor Relations Authority prior to taking disciplinary actions against union officials for engaging in any union activity. NFFE, Local 75, 8 FLRA 403, Proposal 2 (third sentence) [NN]
2. Management, before disciplining a union representative for engaging in any union activity, to meet with the official and, if no resolution results, to meet with the Local President. NFFE, Local 75, 8 FLRA 403, Proposal 2 (first and second sentences) [N]
3. Requiring the agency to provide the designated union representative with copies of any information relied on by the agency in proposing disciplinary and adverse actions against unit employees, as well as copies of notices of proposed action and copies of the decisions. Federal Employees Metal Trades Council, 38 FLRA 1410, Provision 3 [N]
4. Requiring the agency, at or about the time that it issues a proposed disciplinary or adverse action letter, to inform the union that a letter has been issued and the name of the employee. United Power Trades Organization, 44 FLRA 1145, Proposal 11 [NN]. Upheld in United Power Trades Organization v. Federal Labor Relations Authority, No. 92-70520 (9th Cir. 1992).
5. Describing the role of a union representative in criminal and noncriminal investigatory interviews of unit employees conducted by the agency. NTEU, 47 FLRA 370, Proposal 1 [N]. Reversed in Nuclear Regulatory Commission v. Federal Labor Relations Authority, 25 F.3d 229 (4th Cir. 1994).
6. Requiring a union representative to be “available” to assist an employee during a disciplinary examination. Fraternal Order of Police, Lodge # 1F, 57 FLRA 373, Proposal 13(a) [N]

Miscellaneous

1. Inspector must give employees certain advice prior to an investigatory interview which may result in disciplinary action against them. NTEU, 8 FLRA 136, Proposals 1 – 12 [N]
2. Modifying an existing agency bulletin concerning the reporting of medication “incidents” and “errors” by establishing to whom the errors are reported and the actions to be taken by those officials, and by defining levels of errors, thereby eliminating some from coverage by disciplinary actions. AFGE, Local 1822, 9 FLRA 709 [NN]
3. Providing for union-appointed members on a board which judges allegations of traffic violations. NFFE, Local 1363, 15 FLRA 134, Proposals A and B [NN]
4. Prohibiting the agency from deducting wages as a fine for misconduct. National Maritime Union of America, 15 FLRA 576, Proposal 1 [NN]
5. Agency to process certain traffic violations administratively rather than refer them to judicial channels. AFGE, Local 2302, 19 FLRA 778, Proposal 7 [NN]
6. Civilian technicians to not be charged under military rules of conduct for improper wear of the military uniform. ACT, Wisconsin Chapter, 26 FLRA 682, Proposal 11 [NN]
7. Agency to support employee efforts to maintain discipline and to take final responsibility when employees are unable to maintain discipline through no fault of their own. Overseas Education Association, 29 FLRA 734, Proposal 49 [N]
8. Agency to furnish the union with a summary of discipline and adverse actions on an annual basis. AFGE, Council of Prison Locals, Local 1661, 29 FLRA 990, Proposal 30 [N]
9. Seeking the SF 50s as a mechanism to monitor personnel actions affecting bargaining unit employees. NFFE, Local 341, 30 FLRA 797, Proposal 3 [N]