This report contains information on how different agencies are using— or not using—alternative discipline and includes a helpful section on important case law for parties to consider when drafting an alternative discipline agreement. MSPB found few agencies have a formal policy on alternative discipline, and many agencies do not provide formal training or guidance, which leaves supervisors and organizations to learn about alternative discipline on their own. “Alternative discipline is a great tool for supervisors to consider if they have an employee who is engaging in misconduct,” says MSPB Chairman Neil A.G. McPhie. “It empowers proposing and deciding officials to work with the misbehaving employee in order to craft a solution that has the greatest potential to change that employee’s conduct. Traditional discipline should remain an option for management.
Agency website: https://www.mspb.gov/
Executive Summary i
Background iMethodology ii
Findings ii
Recommendations iv
Introduction 1
Forms of Discipline 3
What Is Traditional Discipline? 3
What Is Alternative Discipline? 9
What Federal Agencies Are Doing 13
Guidance and Instruction 13
Keeping Track of Effectiveness 15
Automatic Use of Alternative Discipline 19 Alternative Discipline Based Upon Severity of Offense 22
The Time to Offer Alternative Discipline 24
The Content of Alternative Discipline Agreements 27
Mutual Agreements Are Contracts 28
Compliance With Terms 30
Waivers in the Agreements 32
Knowing and Voluntary Waiver 33
Future Misconduct 35
Admission of Wrongdoing 37
Promise not to Repeat Conduct 38
Alternative Discipline Counts as Progressive Discipline 37
Non-Precedential 41
Confidential 41
Other Agreement Terms 42
Conclusion.43
Findings 43
Recommendations 45
Appendix A 47
Appendix 48
Federal employees, their supervisors, agency management, union personnel, especially Human Capital officers and employees across the U.S. Federal Government may be interested in this report. Additionally, members of Congress, and Federal managers within the Office of Management and Budget, and Office of Personnel Management that is responsible for policy making authority may find this guide helpful as a reference with human resources and civil service matters. Additionally, students pursuing research for courses within these fields, especially public administration, human resources, employment law, organizational development, and industrial-organizational psychology may find this primary source document that deals with civil service issues helpful for assignments.
