violent union employee

Sally

A union stagehand (who as a stagehand works in a number of venues in the same city) has a long history of having a short temper. He apparently has just never learned to deal with his temper and is easily set off in the workplace by outside factors--usually issues with his ex-wife. Recently when working in one the venues he threatened to hit a member of the road crew for a band. He was immediately sent home and the manager for the venue where the incident took place stated he does not want him working in that venue again until he gets counseling. He is willing to have the stagehand back in his venue at a later date, when he has dealt with his anger issues.
The union that represents the stagehand has provided the stagehand with information on free or low cost counseling to deal with his anger. As a member of the executive board that will discipline the stagehand for the incident, I want to be certain of what can be requested in the way of documentation from the counselor that the stagehand is fit to return to work. He will be suspended from the work call list because of the incident, but we (the union) want to make sure we do everything we legally can to ensure he is not put back on the call list until he has dealt with his issues and can safely work with other people in any of the venues where stagehands work.
What advice do you all have?

stilldazed

Review the collective bargaining contract to determine just what options are available to your.

Review company policy to determine just what options are available to you.

Anything close to a medical stmt would be limited to a medical professional's opinion on whether this individual can safety reintegrate.

Maybe some discussion about what 'assault' means, arrest/conviction, his job. Hopefully, your work environment has a zero tolerance. My organization would investigate and terminate. His actions are causing a hostile environment and risking significant liability for your company.

Another timely and appropriate reminder may be that he should keep his personal troubles personal and, as his employer, you should not be expected to tolerate him letting them spill over into the workplace.

best wishes.

davids

Unfortunately, I have had to deal with similar behavior too many times in my career. First, take all threats seriously (as it appears you have). If you really want to give the employee another chance, I would tell the employee and union that threatening violence is a dismissable offense. However, if he receives counseling, agrees to allow the employer to relate to the counselor what the work behavior has been, agrees to allow the counselor to confirm that the employee is complying with all treatment/counseling recommendations, and signs a last chance agreement, you would be willing to take him back with a lesser discipline (such as a suspension without pay). If the employee or union balks at the offer, I would move for dismissal. If they agree, write up a last chance agreement that includes communication between the employer and counselor, the expected behavior, and that dismissal for repeated behavior is not grievable.

NaeNae55

"As a member of the executive board that will discipline the stagehand for the incident, I want to be certain of what can be requested in the way of documentation from the counselor that the stagehand is fit to return to work. He will be suspended from the work call list because of the incident, but we (the union) want to make sure we do everything we legally can to ensure he is not put back on the call list until he has dealt with his issues and can safely work with other people in any of the venues where stagehands work. What advice do you all have?"


You can request a fitness for duty statement from the counselor, just like you do from a medical doctor. Neither of these require you to violate the employee's privacy. In this case, I would also request the counselor include their credentials. It won't ultimately make any difference, but it might make you feel better about the employee returning if you see that the counselor really knows what he is talking about (and also isn't the employee's cousin Joe).

Good luck!

Nae

sonny

I agree with the others and have become a big fan of Last Chance Agreements. David covers nicely. In this case I would pick the counselor hence ensuring I know their credentials.

Pattie

Picking the counselor would really depend on what the CBA has for language -- some simply do not allow it; however, you have every right to have the individual sign an authorization for the counselor to provide you with timely updates -- but again, that is usually limited to 1) is he attending all sessions, 2) is he following all recommendations, etc. Very little in the way of specific detail will be shared. I also agree with the Last Chance Agreement.

It also sounds like, from your post, that you are the Union, who is also this person's employer. I would presume that you have legal counsel, as do our four unions, and would suggest you talk with them as well to cover your bases.

Good luck

davids

Even if your CBA has language that normally would prohibit you from selecting the counselor, you and the union can agree to waive that language as a condition of the last chance agreement. I would definitely require that the employer at least has the opportunity to approve, if not select, the counselor. Also, make sure both the employee and union sign off as parties to the last chance agreement. You don't want the union coming back later and claiming that they were not a party to the agreement.

Sally

Thank you for the responses. All of you have verified what my gut told me--that the executive board of the union can request something in writing from the counselor letting the union's executive board know that the stagehand is fit to return to work. And that really is what the employer at the venue where the incident took place is also looking for--something giving him a comfort level that this person is okay to have back on the job.
As it happens, the union president located an organization that provides low-cost counseling services and the stagehand has already scheduled an appointment.
What is left now for the executive board to deal with is how long the stagehand will be suspended from the call rotation.
HR in my real job somehow seems much easier!

sonny

[font size="1" color="#FF0000"]LAST EDITED ON 12-12-07 AT 12:41PM (CST)[/font][br][br]This is exactly what we have done. (See David above)