HRDG 4752 - Disciplinary or Alternative Actions - Section A

Some of the ways in which an ERS can help supervisors are as follows:

• Advise how to handle a situation involving an employee performance, conduct, or labor relations issue;
• Assist with a decision of what alternative action or what disciplinary action may be appropriate;
• Locate and interpret pertinent regulations;
• Help determine if a regulation was properly communicated to an employee;
• Help determine if a rule was violated by an employee, and whether it was enforced with discipline in the past;
• Explain how to counsel and document properly;
• If necessary, conduct further factfinding or an investigation;
• Advise on alternatives to traditional discipline;
• If official disciplinary action is warranted, assist in defining an appropriate penalty for the offense(s);
• Write official disciplinary letters for the supervisor's signature (based on input from the supervisor);
• Explain pertinent employee's rights and the regulations therein;
• Advise and assist with grievances; and
• Defend disciplinary actions taken by the Agency that go before a third party (i.e., arbitration or the Merit Systems Protection Board).

Some of the ways in which an Employee Relations Specialist (ERS) can help employees are as follows:

• Answer questions on employee or labor relations matters;
• Locate and interpret pertinent regulations;
• Explain employee's rights and the regulations therein;
• Explain the disciplinary/adverse action process;
• Explain the administrative or negotiated grievance process;
• If the employee alleges discrimination, provide the telephone number of the Civil Rights Enforcement and Compliance (CREC) office, or the name of an Equal Employment Opportunity counselor; or
• Explain applicable regulations pertaining to bargaining unit employees (i.e., Weingarten right).