PowerPoint Slides

Writing The Notice of Intent Employee Relations Forum, May 9, 2013

The Task… To write a factual, logical, and effective notice of proposed disciplinary action that will be easily understood by a third party neutral.

Organization of the Document Introduction • Purpose of Notice (proposed disciplinary

action) • Charges or basis for proposed disciplinary

action

Organization of the Document (Continued) Facts • Employee history (classification and tenure)  (Optional) Brief description of employee duties

• Detailed description of factual basis for each

charge

 Where appropriate, a statement that a violation of

a particular charge would in itself support imposition of the proposed discipline

Organization of the Document (Continued) Closing • Closing argument, i.e., Statement of how

proposed discipline was determined  Previous related discipline  Impacts on department or work unit (if

appropriate)  Why this discipline is necessary

Organization of the Document (Continued) Closing –Standard Language • Right to appeal

• Right to representation • Date and location of

Skelly hearing

• Person to contact

• Ability to respond in

writing

• Statement of appeal right

if proposed discipline becomes final

• Warning against

retaliation or intimidation

Content Considerations • Description of event

must be factual, not opinion  Description should be

comprehensive to support proposed disciplinary action  Based on the events or circumstances rather than the process

Content Considerations (Continued) • Include everything

the proposed action is based on (Omissions can’t be used later)

Content Considerations (Continued)

• The body of the letter

should refer to the attachments  Attachments -

summarized not regurgitated  Witness statements – summarized not paraphrased  Detailed charts & graphs attachments

Content Considerations (Continued) • Do not use acronyms that the arbitrator is

not familiar with • Stick to the point  Keep document as clear and concise as

possible  Do not include gratuitous information

Writing Tips (Continued) Arbitrators read hundreds of Skelly notices each year. If a document is difficult to follow, it results in the following reactions: • Upsets arbitrator which may cause him to disregard your arguments • Makes the arbitrator think you don’t have sufficient grounds for discipline • Makes the arbitrator wonder if you are qualified to effectively impose discipline • Makes it easier for an arbitrator to justify “a split baby” decision

The Arbitrator’s Perspective Develop a sound understanding of your case • Burden of proof on the Employer • Conduct a good and thorough investigation • Understand the issues involved with the

proposed disciplinary action from both sides

The Arbitrator’s Perspective (Continued) Creating the document • Tell a compelling story • Look at the case from the arbitrator’s perspective • Define acronyms the first time they are presented in the document • Don’t assume the arbitrator will read the attachments • Off duty conduct – define the nexus to the job

The Arbitrator’s Perspective (Continued) Why settle? • Sometimes it just makes sense • Sometimes you can avoid going to

arbitration at all, if you are willing to compromise

The Arbitrator’s Perspective (Continued) Why employers lose • Control of witnesses • Gray areas – room for interpretation • Poor investigations • Arbitrators sometimes make bad decisions

Case Study Discussions

Thank you for attending today’s ER Forum session May 9, 2013