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. Establishing procedures that management will observe when offering employees last chance agreements. AFGE, Council 214, 38 FLRA 309, Proposals 1, 2(a), 2(b), 2(f), 2(g), and 7 [N]. Upheld in Wright–Patterson Air Force Base v. Federal Labor Relations Authority, 949 F. 2d 475 (D.C. Cir. 1991).
2. Requiring the agency to give the union notice of, and an opportunity to be present at, meetings concerning last chance agreement. AFGE, Council 214, 38 FLRA 309, Proposal 3 [N]. Upheld in Wright–Patterson Air Force Base v. Federal Labor Relations Authority, 949 F. 2d 475 (D.C. Cir. 1991).
3. Local last chance or pre–removal agreements shall not modify the parties' master agreement. AFGE, Council 214, 38 FLRA 309, Proposal 6 [N]. Upheld in Wright–Patterson Air Force Base v. Federal Labor Relations Authority, 949 F.2d 475 (D.C. Cir. 1991).
4. Neither the employee’s nor the union’s rights are waived by the last chance agreement. AFGE, Council 214, 38 FLRA 309, Proposal 8 [N]. Upheld in Wright–Patterson Air Force Base v. Federal Labor Relations Authority, 494 F.2d 475 (D.C. Cir. 1991).
5. Preserves the union’s right to change the last chance agreement proposals during negotiations. AFGE, Council 214, 38 FLRA 309, Proposal 9 [N]. Upheld in Wright–Patterson Air Force Base v. Federal Labor Relations Authority, 949 F.2d 475 (D.C. Cir. 1991).
6. Permitting challenges to last chance agreements through the negotiated grievance procedure. AFGE, Council 214, 38 FLRA 309, Proposal 2c [NN]
7. Permitting the union to negotiate the terms of a last chance agreement on behalf of an employee. AFGE, Council 214, 38 FLRA 309, Proposal 4 [NN]
8. Requiring that Positive Action Contracts, which are also called last chance agreements, not be proposed or used without the prior agreement of the union. AFGE, Local 48, 38 FLRA 1055 [NN]

Procedures

1. At the union’s election, when an employee receives a letter proposing a suspension of more than 14 days, demotion, removal, or similar action. First, the employee may elect to answer orally and/or in writing and is entitled to be represented by the union, an attorney or other representative of his choice. If the employee does not elect the first option he may, through the union, request fact–finding to be conducted by an arbitrator, which will involve an expedited hearing. The fact-finder will present a statement of facts and recommendations to the head of the agency who must make the final decision within two weeks. The employee may appeal the final decision to the Merit Systems Protection Board or raise the issue under the negotiated procedure. Joint Council of Unions, GPO Union, 10 FLRA 448 [N]
2. Employees who accept assistance for a drug/alcohol problem will be given a reasonable opportunity to improve their performance before being subject to adverse action. AFSCME, Local 2910, 11 FLRA 632, Proposal 5 [N]
3. Terms and conditions for the removal of probationary employees. AFGE, Local 2302, 16 FLRA 29, Proposals 1, 3, 4A, and 4C [NN]
4. Agency to note on the SF 50 reasons for removal. AFGE, Local 2302, 16 FLRA 29, Proposal 4B [NN]
5. Immediate supervisors to conduct investigations and counseling before deciding whether to discipline employees. AFGE, Local 1858, 27 FLRA 69, Provision 6 [NN]
6. Describing the bases on which the agency might discipline nurses and providing that nurses receive copies of all written counseling. Illinois Nurses Association, 27 FLRA 714, Provision 9 [N]
7. Stating the basis on which the agency can discipline nurses and allows employees to be represented by a union representative or by legal counsel at a Disciplinary Board hearing. Illinois Nurses Association, 28 FLRA 212, Proposal 10 [N]
8. Creating two categories of employees, probationary and career, and providing that career employees––those with one year or more of service––could not be terminated, except for just cause. AFGE, Local 1770, 28 FLRA 493, Provision 12 [N]
9. Agency to administer disciplinary proceedings and penalties fairly and equitably. AFGE, Local 1770, 28 FLRA 493, Provision 13 [N]
10. Subjecting suspensions for 30 days or less to the parties’ negotiated grievance procedure. NFFE, Local 1623, 28 FLRA 633, Provision 1 [NN]
11. Defining adverse action. NFFE, Local 1623, 28 FLRA 633, Provision 2 [N]
12. Preventing the agency from withdrawing a notice of proposed discipline and instituting a new disciplinary action encompassing the same charge. AFGE, Local 1458, 29 FLRA 3, Provision 12 [N]
13. All disciplinary and adverse actions will be initiated within a reasonable period of time. NFFE, Local 1853, 29 FLRA 94, Provision 1 [N]
14. Prior to issuing a proposed notice of disciplinary action or adverse action, the supervisor will undertake any appropriate inquiry or investigation and will with the employee(s) and his/her representative, if the employee requests representation. NFFE, 29 FLRA 1491, Provision 8 [NN]
15. A deciding official must not be the proposing official. NFFE, 29 FLRA 1491, Provision 9 (first disputed sentence) [N]
16. Limiting when discipline can be taken to those instances where closer supervision or on the job training will not achieve the corrective action sought. West Point Elementary School Teachers Association, 29 FLRA 1531, Proposal 4, Sections 1 and 2 [NN]
17. Determining the first step of discipline and who will take it. West Point Elementary School Teachers Association, 29 FLRA 1531, Proposal 4, Sections 1 and 2 [NN]
18. Requiring the minimum discipline that can reasonably be expected to attain the purpose for which the action is initiated. West Point Elementary School Teachers Association, 29 FLRA 1531, Proposal 4, Sections 1 and 2 [NN]
19. Use of a guide when administering discipline. West Point Elementary School Teachers Association, 29 FLRA 1531, Proposal 4, Sections 1 and 2 [NN]
20. Providing for procedural protection that must be complied with before an employee can be separated based on unacceptable performance, reduction in force, or disciplinary action. Fort Bragg Association of Educators, 30 FLRA 508, Proposal 43 [N]
21. Management will provide employees with rules, policies, supervisory instructions, and professional conduct standards, and which also state that discipline can be taken for failure to comply. New York State Nurses Association, 30 FLRA 706, Proposal 11, Section 7.07 (first two sentences) [N]
22. Agency to initiate a preliminary investigation of an alleged offense. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Article 20, Section 3 [N]
23. Suspensions, demotions, or discharges will be acted upon by a Central Office Screening Committee and a Discipline Board. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 5 [NN]
24. Central Office Screening Committee will be responsible for evaluating all evidence generated under preliminary investigations. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 6 (first sentence) [NN]
25. The Screening Committee will prepare and issue a ”Letter of charge.“ NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 6 (second sentence) [NN]
26. Outlining the role of the disciplinary boards in greater detail than is set forth in title 38, United States Code, § 4110. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 7 [N]
27. Limiting the size of the disciplinary boards to a maximum of three members. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 7, First Paragraph (first sentence) [NN]
28. The agency may include in a notice of proposed disciplinary action only those specific instances of unacceptable performance which occurred during the opportunity period. NTEU, 31 FLRA 566, Proposal 27.13.1.1 [NN]
29. Release of name-identified disciplinary action decision and adverse action decision letters to the union. NTEU, Chapter 237, 32 FLRA 62, Provisions 9 and 10 [N]
30. Precluding the use of statements from employees in discipline and adverse actions unless those statements are in writing and signed by the employee who made the statement. AFGE, Local 1931, 32 FLRA 1023, Provisions 20 and 22 [NN]
31. Prohibiting the agency from using answers provided by employees in discussions with management to support disciplinary actions when (1) the agency knew that the employee was involved in an infraction of work rules which could result in discipline and (2) the employee was not afforded union representation during the discussion. Federal Employees Metal Trades Council, 34 FLRA 1150 [NN]
32. Preventing the agency from using employee statements, made during discussions with management officials where a union representative is not present, to support disciplinary action. IFPTE, Local 4, 35 FLRA 31, Provision 1 (second sentence) [NN]
33. Defining an adverse action as a discharge, a suspension for more than 14 days, a furlough without pay, or a reduction in pay. SEIU, Local 150, 35 FLRA 521, Provision 7 [N]
34. Preventing the management from taking disciplinary action against a technician who fails to clean a work area that he or she did not make dirty. NFFE, Local 1655, 35 FLRA 815, Proposal 4 [NN]
35. Certain procedures to be applied before probationary employees may be terminated. NTEU, 38 FLRA 1366, Proposal 3 [NN]
36. Requiring that discipline be administered in a progressive manner. AFGE, Local 3732, 39 FLRA 187, Provision 2 [NN]
37. Requiring that disciplinary and adverse actions normally be initiated within a specified time period. AFGE, Local 3732, 39 FLRA 187, Provisions 3 and 8 [NN]
38. Requiring the agency to provide employees with a written decision on a proposed adverse action normally not later than 45 days after receipt of the employee's reply to the proposed adverse action. AFGE, Local 3732, 39 FLRA 187, Provision 4 [N]
39. Establishing an ad hoc faculty review committee to review and make recommendations to the deciding official on proposed removal actions against bargaining unit employees. AFGE, Local 3732, 39 FLRA 187, Provisions 5, 6, and 7 [N]
40. Providing evidence to employees against whom an adverse or disciplinary action is proposed. Patent Office Professional Association, 41 FLRA 795, Provision 8 [N]
41. Making witnesses, on whom the agency is relying to support an adverse or disciplinary action, available for questioning by, or on behalf of, the subject of the action. Patent Office Professional Association, 41 FLRA 795, Provision 9 [N]
42. Relating to advance notices of proposed adverse actions. Patent Office Professional Association, 41 FLRA 795, Provision 10 [NN]
43. Establishing constructive knowledge as the point at which agency responsibility for taking disciplinary action begins. NTEU, 42 FLRA 964, Provision 8 [N]
44. Requiring the agency to delete or obliterate from an employee's file all records of counseling sessions or oral admonishments no later than 180 days after the date of counseling, except in limited circumstances. United Power Trades Organization, 44 FLRA 1145, Proposal 1 [NN]. Upheld in United Power Trades Organization v. Federal Labor Relations Authority, No. 92-70520 (9th Cir. 1992).
45. If an employee complies with the last of conflicting supervisory orders the employee will not be subject to disciplinary or adverse action for failing to carry out the earlier orders. United Power Trades Organization, 44 FLRA 1145, Proposal 10 (first sentence) [NN]. Upheld in United Power Trades Organization v. Federal Labor Relations Authority, No. 92-70520 (9th Cir. 1992).
46. An employee will not be subject to disciplinary or adverse action for refusing to obey an unlawful order. United Power Trades Organization, 44 FLRA 1145, Proposal 10 (second sentence) [N]. Upheld in United Power Trades Organization v. Federal Labor Relations Authority, No. 92-70520 (9th Cir. 1992).
47. Discipline will be administered in a progressive manner. AFGE, Local 1426, 45 FLRA 867, Proposal 2 [NN]
48. Disciplinary actions will be initiated within a specified period of time. Antilles Consolidated Education Association, 45 FLRA 989 [NN]
49. Requiring the agency to furnish the union with unsanitized copies of documents concerning certain personnel actions. NTEU, 46 FLRA 696, Provisions 19, 36, 37, 39, and 40 [NN]
50. Internal Affairs agents will provide certain employees with information and notices. NTEU, 46 FLRA 696, Provision 23 [N]
51. Requiring progressive discipline. NTEU, 46 FLRA 696, Provisions 35 and 38 [NN]
52. Requiring the agency to provide employees with legal support to the extent authorized by law. NTEU, 46 FLRA 696, Provision 30 [N]
53. Requiring supervisors to provide guidance and counseling for probationary employees. NTEU, 46 FLRA 696, Provision 32 [N]
54. Requiring an agency investigator conducting an investigatory interview that might lead to discipline to advise an affected employee of the general nature of the interview and of his or her representational rights prior to taking an oral or written statement. NTEU, 47 FLRA 370, Proposal 2 [N]. Reversed in Nuclear Regulatory Commission v. Federal Labor Relations Authority, 25 F.3d 229 (4th Cir. 1994).
55. The manner in which employees must be notified of certain procedures, privileges and obligations in relation to agency–conducted criminal interrogations. NTEU, 47 FLRA 370, Proposals 3 and 4 [N]. Reversed in Nuclear Regulatory Commission v. Federal Labor Relations Authority, 25 F.3d 229 (4th Cir. 1994).
56. Concerning the timeliness with which management effectuates disciplinary actions against employees. NFFE, Local 1438, 47 FLRA 812 [N]
57. The agency will normally allow employees who have accepted confidential assistance under the Employee Assistance Program a reasonable opportunity to improve work performance to an acceptable level before they are subjected to disciplinary or adverse action. AFGE, Council of Prison Locals, 47 FLRA 836, Provision 3 [NN]
58. Preventing management from taking disciplinary action against employees based on certain types of information. AFGE, Local 1345
, 48 FLRA 168, Proposal 14 [NN, (a)(2)(A)]
59. Insulating employees from discipline in certain situations. AFGE, Local 1345, 48 FLRA 168, Proposal 15 [NN, (a)(2)(A)]
60. Evidence which management is not permitted to divulge to an employee under the Privacy Act will not be used against the employee unless permitted by law. AFGE, Local 1900, 51 FLRA 133, Provision 6 [N]
61. Requiring management to provide employees certain types of training and development opportunities and insulates employees from adverse actions related to management’s failure to meet its obligations for specified reasons. AFGE, Local 1900, 51 FLRA 133, Provision 7 [NN, (a)(2)(A)and (B)]
62. Requiring that disciplinary and adverse actions be based on just cause and be consistently applied. NFFE, Local 1214, 51 FLRA 1362 [N].
63. Requiring the agency to remove certain letters of reprimand and oral admonishments confirmed in writing from employee records, NTEU, 53 FLRA 539, Proposal 1 [N]
64. Requiring the use of progressive disciplinary actions and adverse actions under prescribed circumstances. NTEU, 53 FLRA 539, Proposals 5 and 6 [N]
65. Inquiries and investigations into off–duty misconduct must be based on activity that would have some nexus to the employee’s position. NTEU, 53 FLRA 539, Article 7, Section 11 [N]
66. Providing for written statements of the nexus between off–duty misconduct and the efficiency of the service and an opportunity to respond to changes in the statements of that nexus. NTEU, 53 FLRA 539, Article 35, Section 9, and Article 36, Section 9 [N]
67. Requiring 30 days’ notice prior to the discharge of a probationary employee. National Education Association, Overseas Education Association, Fort Rucker Education Association, 53 FLRA 941, Provision 1 [NN, LAW]
68. Requiring the agency to consider all responses to this notice made by the probationary employee. National Education Association, Overseas Education Association, Fort Rucker Education Association, 53 FLRA 941, Provision 2 [NN, LAW]
69. The agency will not discipline a technician for reporting in a soiled or torn uniform if the technician has properly and timely requested a replacement uniform and it has not been provided. Association of Civilian Technicians, First Coast and Hurricane Chapters, 55 FLRA 420, Proposal 2, paragraph (c) [NN, (a)(2)(A)]
70. Precluding the agency from making final decisions to impose discipline. Fraternal Order of Police, Lodge #1F, 57 FLRA 373, Proposal 13(c) [NN, (a)(2)(A)]
71. Requiring the agency to offer employees “sufficient due process” prior to taking disciplinary action. Fraternal Order of Police, Lodge #1F, 57 FLRA 373, Proposal 1(b) [NN, LAW]

Representation

1. Granting to employees certain procedures, privileges and obligations in relation to an interrogation which may result in disciplinary action against them and the manner in which employees will be advised. NTEU, 8 FLRA 136, Proposals 1 – 12 [N]. Enforcement regarding Proposals 10 and 11 denied and remanded in Internal Revenue Service v. Federal Labor Relations Authority, 707 F.2d 574 (D.C. Cir. 1983). During the pendency of the decision on remand, the Union withdrew Proposals 10 and 11 and the Federal Labor Relations Authority, as to those proposals, vacated its Decision and Order in the case.
2. Giving unit employees the right to representation in meetings involving discipline where the Statute does not establish the right to representation, and which requires the employee to be notified of the negotiated right before questioning begins. AFGE, NINSC Union, 8 FLRA 347, Proposal 5 [N]
3. Delaying an investigatory interview for no more than two workdays so that representation can be arranged. AFGE, NINSC Union, 8 FLRA 347, Proposal 6 [N]
4. Affording employee representation before giving required written statement which could result in disciplinary action. AFGE, NINSC Union, 8 FLRA 347, Proposal 7 [N]
5. Agency not to take any disciplinary action against any employee for acting as a representative. AFGE, Local 1458, 29 FLRA 3, Provision 13 [NN]
6. Specifying the content of letters of admonishment and reprimand and providing that the employee will have the right to be represented by union representative at any discussion with the supervisor who conducted the preliminary investigation. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 4 [N]
7. Giving probationary employees the right to be represented by counsel before PSBs. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 19, Section 4, 2nd paragraph [NN]
8. Requiring blanket disclosure of documents relating to proposed and final disciplinary and adverse actions, without deletion of identifying data, when the employees involved have declined union representation. Federal Employees Metal Trades Union, 38 FLRA 1410, Provision 3, Section 5a and b [NN]