There’s a lot of information that need to be learned when it comes to discipline. Many people don’t know how does it work and how it can used against you in the future, from minor violation to progressive discipline.
For example, a MTA employee who gets arrested outside of work can get disciplined by TA under “Job Performance & other violations”, even though the infraction didn’t happen at work.
Progressive discipline is very important because the punishment never decreases, it increases with every offense. Thats why its pertinent in the cases where we accept discipline, we must accept the lowest form possible. On your first offense if you except 20 days, your next violation will be 25 or better.
This is the reason why management starts so high with punishment and its your union rep job fight it totally or get the least possible. No one should ever accept labor relations first offer.
Here’s an explanation of how discipline work, how long it stays on your record and why we need to know it!
PROGRESSIVE DISCIPLINE (TWU, Local 100)
Effective July 1, 1997, New York City Transit and the Transport Workers Union, Local 100, have agreed to a modified progressive discipline system for TWU, Local 100-represented employees.
Progressive discipline is applied on a category-by-category basis.
All employees required to have a Commercial Driver’s License (CDL) are governed by a three category disciplinary system as follows:
• Within each disciplinary category as set forth above, penalties are evaluated in accordance with the principle of progressive discipline and as further elaborated in the arbitration award dated January 26, 1995. The instant agreement does not modify an employee’s disciplinary record prior to July 1, 1997.
- Time and attendance cases are processed through the same arbitration procedures utilized for sick leave and differential cases in MTA-New York City Transit after the Step II hearing where the recommended penalty is a 10-day suspension or less.
- If a time and attendance case is settled at the pre-arbitration steps of the grievance procedure, the penalty appears on the employee’s record for purposes of progressive discipline but no suspension time is imposed, and no fine is paid.
• The disciplinary procedures are designed to permit employees who commit minor violations the opportunity to improve their disciplinary record when more than one year has passed since the date of their last violation. In addition, some flexibility may be permissible in assessing penalties for some major/serious violations where a minimum of 5-7 years has passed since the last major/serious violation.
Effective March 1, 2000, employees may improve their disciplinary record for certain minor violations subject to the following time schedule.
- Where the penalty to be assessed is less than a one day suspension, a reprimand will be substituted.
- All minor violations will follow these progressive discipline principles.
- An employee’s movement from a position, which requires a CDL to one that does not require a CDL does not nullify prior discipline in any category.
For all Time and Attendance cases:
Arbitration will be expedited for all cases involving minor violations where the recommended penalty is a 10 day suspension or less (for TA only)
Incentive program for settling cases at the pre-arbitration steps (penalty is on the record without the suspension or fine).
For employees with time and attendance cases with recommended penalty of dismissal the employee shall not be pre-disciplinary suspended with the exception of those cases involving fraud.
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– Tramell Thompson