Standards for Judging Whether the Employer had Just Cause in a Disciplinary Case

1. The employer is entitled to prescribe reasonable rules of conduct unless his/her discretion is limited by a negotiated agreement.
   
   
2. The employee has a right to know what is expected. The employer has an obligation to give adequate notice of the rules.
   
   
3. The employer has limited jurisdiction over the employee's private life.
   
   
4. The employee must conform to reasonable rules.
   
   
5. The employer must avoid arbitrary, hasty or capricious action against any employee. Supervisors must not overreact against what they perceive as a challenge to their authority. This is one of the most persistent problems giving rise to discipline cases. Such overreaction arises especially in cases of alleged insubordination.
   
   
6. Disciplinary treatment should be consistent and non-discriminatory as it relates to all employees.
   
   
7. The punishment should fit the offense.
   
   
8. Proper disciplinary action is corrective, not punitive. Its purpose is to achieve self-discipline. Discharge, which involves cost to both sides, should normally be invoked only as last resort, after it has become clear that corrective measures will not work.
   
   
9. The proper penalty depends not only on the immediate offense but on the employee's previous disciplinary record. For less serious offenses, which generally include infractions of rules or improper conduct such as tardiness, absence without permission, etc., the concept of progressive discipline has been recognized by arbitrators.
   
   Progressive discipline is defined as a series of steps that begin with an oral warning or counseling followed by a reprimand or fine and finally discharge.
   
   However, in instances where the offenses are extremely serious such as theft, client abuse, persistent refusal to obey a legitimate order, etc., the employer may NOT be held to the concept of progressive discipline and thus a more severe penalty or termination may be immediately invoked.
   
   
10. Proper procedure or procedural due process must be followed. This involves notice in writing to the alleged offender, the right to counsel, the right to fair representation, the right to a hearing and the right to appeal. The charges contained in the notice must be specific.

Statement Required to Accompany Notice of Discipline Pursuant to Article 33.5(c) of the Collective Bargaining Agreement Between the State of New York and The Public Employees Federation

When an employee in the PS&T unit is served with a Notice of Discipline pursuant to Article 33 of the State/PEF agreement,

1. the employee has a right to object by filing a disciplinary grievance within 14 calendar days;
2. he/she has the right to have the disciplinary action reviewed pursuant to the provisions of 33.5 (f) or pursuant to review by an independent arbitrator;
3. the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding;
4. if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the review procedure specified in Article 33.5 (f) or the arbitration procedure specified in Article 33.5 (g), whichever is appropriate, is completed.

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