What is Progressive Discipline?
What does progressive discipline mean?
Progressive discipline means that an employee should be given the opportunity to learn from their mistake(s) and be able to correct their behavior. Many contracts have language requiring the employer to apply the lowest level of discipline possible so that the employee can correct their behavior, follow the rule, and not lead to future discipline. If the employee continues to violate the rule, they will receive progressively more severe levels of discipline.
Typical steps in the discipline process written in a union contract include verbal warnings, write-ups, and suspension prior to an employee’s suspension pending/discharge. However, some CBAs may include other stages of discipline, like formal counseling, reprimands, final written warnings, a range of days of suspension, and last chance agreements. Even if the contract is silent regarding progressive discipline, most arbitrators will see it as a rule of just cause.
Can management skip steps?
An employer may be justified in skipping progressive discipline steps if the employee’s violation is considered so extreme that the employer can absolutely conclude that the worker is no longer trustworthy and/or is unable to reform. Violations that fall under this category may include theft, criminal behavior, or an extreme health/safety violation. Similarly, an employer may justify discharge if an employee has committed more than one serious violation that can be an equally serious violation. For example, an employee who is insubordinate and receives a final written warning specifically for acts of insubordination may be fired in following months for lying to the employer for an altogether different violation. However, arbitrators commonly look down on stacking less severe and not similar violations and require each unique violation to have its own progressive discipline track.
Even if an employee’s offense is particularly bad and perhaps deserving of extreme discipline (extended suspension or discharge), the union may be able to reduce the penalty if outside factors exist. This would be resolved within the grievance process.
