DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON. D.C. 20224
MAY 5, 1995        

MEMORANDUM FOR ALL INTERNAL REVENUE SERVICE EMPLOYEES

FROM:          National Director, Personnel Division        M:H

                       President, National Employees Union          (NTEU)        

SUBJECT:   Alternative Discipline Agreement (AD)

            The IRS and NTEU, working together in partnership, negotiated the attached agreement on Alternative Discipline (AD). The Agreement, which is a by product of  the IRS/NTEU EEO Phase II Task Force Study, was designed to assist in ensuring that conduct-based actions are applied appropriately and consistently to all employees. 

            If you have questions concerning the agreement, please contact either your Labor Relations Office or your NTEU Steward.

Attachment

AGREEMENT
ALTERNATIVE DISCIPLINE

Whereas the Internal Revenue Service (Employer) and the National Treasury Employees Union (Union) encourage the use of  “alternative discipline” methods and mechanisms as an alternative to the traditional disciplinary actions described in Article 38 of NORD/NC IV, the Employer and the Union hereby agree as follows.        

A. The goal of such alternative methods and mechanisms is to positively change an employee’s conduct by offering an alternative means of correcting such conduct.

B. Alternative discipline methods and mechanisms shall be implemented consistent with the following objectives:

        1. improving communications and interpersonal working relationships between supervisors and employees;

        2. correcting behavioral problems;

        3.  reducing the costs and delays inherent in traditional disciplinary actions; and,

        4. decreasing the contentiousness between the parties at the local level.

C.  Alternative discipline is offered solely by agreement of the parties. Under no circumstances is alternative discipline required to be used but, if used, the provisions of this agreement must be met.

D. Alternative discipline is an option when the disciplinary action would otherwise involve an official reprimand or a suspension of fourteen (14) days or less.

E. Alternative discipline discussions must occur prior to entering into the “traditional” disciplinary process.

F. Prior to the issuance of a letter of reprimand or a proposal to suspend, the Employer will inform the employee that  “traditional” discipline is being contemplated and that the employee may request consideration of an alternative form of discipline. The employee will have three (3) workdays to request consideration of the alternative discipline option.  Should the employee request consideration of alternative discipline, meeting(s) will be held and concluded within five (5) workdays of the request. At the conclusion of the meeting(s):

        1.  an agreement on alternative discipline must be reached; or

        2.  the “traditional” disciplinary process will begin.

If such meetings are held, they will include the proposing official or designee, other Employer representatives deemed necessary, the employee and the employee’s representative. Should alternative discipline meetings prove to be unproductive, either party may elect to terminate them prior to the five (5) workday time frame and proceed with the “traditional” discipline. If an alternative discipline agreement is reached, it will be reduced to writing consistent with this agreement. Should an alternative discipline agreement not be reached, the employee will be afforded his or her rights as described in Article 38 of NORD/NC IV. 

G.  The parties may agree to extend the time frames in section F.

H.  In any alternative discipline agreement, it is understood that:

        1. should future misconduct occur, the alternative discipline agreement will constitute a prior disciplinary action that may be considered in future disciplinary actions;

        2.  the alternative discipline agreement will be maintained by the Employer in a manner which is consistent with the retention requirements of the underlying action (that is, for a period of two (2) years when the alternative discipline agreement takes the place of a reprimand and indefinitely when the alternative discipline agreement takes the place of a suspension); 

        3.  the alternative discipline agreement will not be placed in the employee’s Official Personnel Folder (OPF);        

        4. the alternative discipline agreement does not preclude the Employer from taking appropriate action regarding any other misconduct not covered by the alternative discipline agreement;       

        5.  the alternative discipline agreement is not precedential;

        6.  should the employee violate the alternative discipline agreement, the employee will be notified in writing of the violation and that the penalty as outlined in the alternative discipline agreement will be effected immediately;        

        7.  should the employee dispute whether a violation of the alternative discipline agreement occurred, the employee may file a grievance within five (5) workdays of receipt of written notification on only whether a violation of the alternative discipline agreement occurred;        

        8.  should the employee grieve whether the violation occurred, imposition of the penalty will be stayed pending resolution of the grievance;

        9.  if the grievance is not resolved prior to arbitration, the grievance must be submitted to the expedited arbitration process where an arbitrator’s review is limited to the dispute of whether or not there was a violation of the alternative discipline agreement; and        

        10.   the alternative discipline agreement must be signed by the employee, the employee’s representative, and an Employer representative with the delegated authority to take the “traditional” discipline which was replaced by the alternative discipline.

I.  Any alternative discipline agreement must include the following:

        1.  a detailed description of the alternative discipline which has been agreed to; 

        2.  a statement of the penalty for which the alternative discipline agreement is a substitute;

        3.  a statement of the misconduct;      

        4.  a statement that the employee admits to engaging in the misconduct; and    

        5.  a statement that the employee and the Union waive all oral and/or written reply, grievance, appeal and complaint rights in any forum. 

J.  This agreement will become effective thirty-one (31) days from execution.

Executed in Washington, D.C. on October 27, 1994. 

For the Employer                                                        For the Union
        /s/                                                                                /s/
Napolean S. Avery                                                      Frank D. Ferris