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UW - WFSE AFSCME Council 28 Contract

Effective 7/1/15 - 6/30/17

Article 23 - Corrective Action

23.1 The parties will follow the "Corrective Action/Dismissal Process" outlined below. No employee shall be subject to the process except for just cause. The corrective action process will be considered to incorporate the concept of progressive action while providing a positive method for improvement rather than punitive action. The University will determine the specific step at which the process begins based on the nature and severity of the problem.

23.2 Representation.

  1. Upon request, an employee has the right to a union representative at an investigatory interview called by the Employer, if the employee reasonably believes corrective action could result. The employer will provide reasonable time to allow an employee to secure a representative. An employee may also have a union representative at a corrective action meeting.
  2. The role of the union representative in regard to Employer-initiated investigation is to provide assistance and counsel to the employee and not interfere with the Employer's right to conduct the investigation. Every effort will be made to cooperate in the investigation.
  3. An employee placed on an alternative assignment during an investigation will not be prohibited from contacting his or her union steward unless there is a conflict of interest, in which case the employee may contact another union steward. This does not preclude the Employer from restricting an employee's access to the Employer's premises.

23.3 Coaching. Informal discussion or instruction between employee and immediate supervisor. Supervisor may follow up in writing which may include a simple action plan.

23.4 Corrective Action/Dismissal Process. The Employer will make clear when formal or final counseling is being conducted and will inform the employee about their right to representation under the CBA. When counseling or dismissing an employee, the Employer will make every effort to protect the privacy of the employee. Translators may be requested by any party.

Formal Counseling. Formal counseling (may involve administrative personnel other than the employee's immediate supervisor) including the development of a written action plan. The action plan will identify specific problem areas, performance objectives, suggestions for remedying, and a timeframe for improvement. Prior to issuance of formal counseling, a meeting may be scheduled by the employer or requested by the employee to give the employee an opportunity to make his/her case before the final decision is made. Employee requests for such a meeting will be granted. An employee is entitled to representation at this meeting.

Final Counseling. Final counseling (may involve administrative personnel other than the employee's immediate supervisor) including action plan discussion and revision, where appropriate. A decision-making period of one (1) day of paid time away from the work site for the employee to consider the consequences of failure to follow the action plan may be used at this step. If the Employer decides to provide a decision-making day, the employee will be given a list of expectations and problem statements prior to the day taking place.

Dismissal. Prior to dismissal, a pre-determination meeting will be scheduled to give an employee an opportunity to make his/her case before the final decision is made. The employee has the right to have a Union Council representative present at the pre-determination meeting. At least five (5) days prior to the meeting, the employee will be informed in writing of the reasons for the contemplated dismissal and given referenced documentation. The employee will be furnished with written notification of the outcome of the pre-determination hearing.

Demotion: Demotion of Leads and/or Supervisors may be initiated by the Employer at any step of the Corrective Action process.

23.5 Removal of Records. The employee may petition Human Resources for removal of records of corrective action in accordance with Article 22.8. Information regarding prior corrective action may be used to support a subsequent action when it has a reasonable bearing on the action being taken.

Once a corrective action has been removed from the employee's file as outlined above, the information removed will not be used in subsequent corrective action, unless mutually agreed otherwise.

23.6 Grievability/Arbitrability. Formal counseling may be grieved through Step Two of the grievance procedure only.

Final counseling, demotion, and dismissal may be grieved through every step of the grievance procedure beginning at Step Two.

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