Counseling is a means whereby the State takes corrective action towards some specific aspect of an employee's behavior or overall performance. Counseling in theory is designed to improve an employee's performance or conduct. It is to be non-punitive in nature and be designed to modify the employee's behaviors. All counseling should take place in private and face-to-face.
Ordinarily, the sequence of actions in corrective counseling is as follows:
An oral counseling session consists of clearly informing the employee that misconduct or incompetency has occurred and that repetition will result in further counseling and could lead to disciplinary action. During the oral counseling the specific problem must be identified; what is expected of the employee must be communicated; and the consequences of repeating the behavior outlined. Employees are not contractually entitled to representation at counseling sessions (Article 33 provides employees with the right to representation when they are considered "a likely subject of discipline." Individuals being "counseled" are not typically considered "likely subjects of discipline").
If oral counseling is ineffective, written counseling is the next step in the process. This written counseling document becomes a part of the employee's record.
The written counseling memo should review the main elements of the oral counseling session including the consequences of continuing such conduct. Written counseling memos can be problematic for you as a steward. In addition, there is no requirement that oral counseling must occur before a written counseling takes place.
Too often they are written as reprimands and not as counseling memos. Rather than describing the behavior, management characterizes it. Examples include "theft," "insubordination," "sick leave abuse," etc.
Also, another problem would be where an actual penalty is included in the "counseling." Consult your PEF Field Representative with questions regarding such written documents.
If an employee feels that he/she is being disciplined rather than counseled then an examination of the facts for possible Article 34 action should be done.
In conclusion, as a steward you should: