Making a case

Grievance

Follow the procedure

An employee who believes his discipline was unjust, or that his boss broke rules governing how discipline is applied, may appeal the punishment via the grievance procedure spelled out in union contracts. Listed are the maximum number of working days each step takes. However, time limits within each step may be extended by mutual agreement:

7 days: If employee decides to grieve, employer must hand over information deemed essential to investigating and processing the grievance.

20 days: Employee's supervisor must receive grievance of disputed disciplinary action. When possible, employee and immediate supervisor try to resolve the problem at this stage, known as the informal step. Union intervention not required, as long as union had a chance to be present at any conferences on the matter.

7 days: Supervisor must respond to the informal complaint.

7 days: If employee is unsatisfied with response, he has to submit written grievance to division head, formalizing the process at what is known as Step 1.

7 days: Division head must meet with the employee and union representative after receiving written grievance. Either side may present witnesses.

7 days: Division head gives grievant written response.

7 days: Employee can appeal the matter in writing to the department head, known as Step 2.

7 days: Department head meets with grievant after the appeal is submitted.

7 days: Department head responds in writing after the meeting.

7 days: If still unsatisfied, employee can appeal in writing to employer's highest level (state or county personnel office, for example), reaching what is known as Step 3.

7 days: Employer and union meet after the appeal is filed.

7 days: Employer replies in writing to the union.

10 days: If matter remains unresolved, union notifies employer of its intent to go to arbitration, known as Step 4.

10 days: If both sides cannot agree on an arbitrator, the Hawaii Labor Relations Board submits a list of five names and the arbitrator is selected by the process of elimination.

No time set: The arbitrator hears both sides.

30 days: Arbitrator renders decision in writing no more than 30 calendar days after hearing. Decision is binding, except for rare, narrowly defined appeals to civil court.

Source: HGEA Unit 13 contract, personnel rules

Government

When to punish or not to punish

When punishing an employee, the state and county governments must follow personnel rules as well union contracts. Here are some general requirements.

Employer must have "just cause" and discipline should be imposed in a timely matter.

Employee can be placed on unpaid administrative leave up to 30 days during investigation; must be paid for time off beyond that.

Oral reprimands must be done privately. Written reprimands must be specific and confidential.

Unless the need to suspend is immediate, employee must get written notice detailing reasons and length before suspension occurs.

If employee faces dismissal, must get detailed written notice and opportunity for a hearing at least 10 days before effective date of dismissal.

Record of misconduct generally erased from the employee's personnel file after two years.

Employee may appeal punishment using the grievance process spelled out in labor contracts.

Arbitrator:

The 'Just cause' checklist

In deciding whether discipline meets the "just cause" standard, arbitrators often use a seven-item checklist as a guide:

Did employer warn of possible or probable consequences of employee's misconduct?

Were work rules reasonably related to orderly, efficient and safe operation of business?

Before taking disciplinary action, did employer conduct a fair and objective investigation?

Was there substantial evidence or proof of employee's guilt?

Did discipline reasonably relate to severity of offense and to employee's past record?

Did employer apply rules and penalties without discrimination to all employees?

Source: Hawaii Labor Relations Board

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Compiled by Christine Donnelly, Star-Bulletin;
Illustrations by David Swann, Star-Bulletin