Since the function of discipline is to promote efficient operation of the facilities, the employer must be concerned not only with the effect of a penalty on our members, but its effect on MCO as well.

 

Procedural requirements are essential safeguards in the due process system of protection for our members. They include:

 

Formal charges, which must include the nature of the misconduct, and be included with the notice of disciplinary conference.

 

Reasons (all of them) should be provided at the time the charges are made. All the employer’s evidence for the case, including statements that are beneficial to the member, must be included in the disciplinary packet. Subsequent charges or documents are generally irrelevant.

 

The member must be given an opportunity to protest and defend their actions.

 

MCO must be given full opportunity to prepare their defense. At a minimum we are entitled to 30 minutes to consult before the conference.

 

The "burden of proof" rests on the employer in discipline cases.

 

Members, with very few exceptions, must demonstrate compliance with the rules and act in good faith. When MCO relies on the exception the "burden of proof" shifts to us.

 

Established time limits must be complied with. The employer has 21 calendar days to begin an investigation once they have reason to believe misconduct has occurred. They have a "reasonable" time to complete the investigation. Once the conference has been held, they must notify the member within 10 days of any recommendation for discipline this has been ruled by an arbitrator (case number 54 390 00852 02) as being a de minimis violation. The employer must execute the discipline within 45 calendar days from the day of the disciplinary conference or there will be NO disciplinary action taken.

 

Centralized exercise of judgment will replace supervisor's individual conception of what is fair and just.