Writing The Notice
of Intent
Employee Relations Forum, May 9, 2013
The Task…
To write a factual, logical, and effective notice
of proposed disciplinary action that will be
easily understood by a third party neutral.
Organization of the Document
Introduction
• Purpose of Notice (proposed disciplinary
action)
• Charges or basis for proposed disciplinary
action
Organization of the Document
(Continued)
Facts
• Employee history (classification and tenure)
 (Optional) Brief description of employee duties
• Detailed description of factual basis for each
charge
 Where appropriate, a statement that a violation of
a particular charge would in itself support
imposition of the proposed discipline
Organization of the Document
(Continued)
Closing
• Closing argument, i.e., Statement of how
proposed discipline was determined
 Previous related discipline
 Impacts on department or work unit (if
appropriate)
 Why this discipline is necessary
Organization of the Document
(Continued)
Closing –Standard Language
• Right to appeal
• Right to representation
• Date and location of
Skelly hearing
• Person to contact
• Ability to respond in
writing
• Statement of appeal right
if proposed discipline
becomes final
• Warning against
retaliation or intimidation
Content Considerations
• Description of event
must be factual, not
opinion
 Description should be
comprehensive to
support proposed
disciplinary action
 Based on the events
or circumstances
rather than the
process
Content Considerations
(Continued)
• Include everything
the proposed action
is based on
(Omissions can’t be
used later)
Content Considerations
(Continued)
• The body of the letter
should refer to the
attachments
 Attachments -
summarized not
regurgitated
 Witness statements
– summarized not
paraphrased
 Detailed charts &
graphs attachments
Content Considerations
(Continued)
• Do not use acronyms that the arbitrator is
not familiar with
• Stick to the point
 Keep document as clear and concise as
possible
 Do not include gratuitous information
Writing Tips
(Continued)
Arbitrators read hundreds of Skelly notices each
year. If a document is difficult to follow, it results in
the following reactions:
• Upsets arbitrator which may cause him to
disregard your arguments
• Makes the arbitrator think you don’t have
sufficient grounds for discipline
• Makes the arbitrator wonder if you are qualified
to effectively impose discipline
• Makes it easier for an arbitrator to justify “a split
baby” decision
The Arbitrator’s Perspective
Develop a sound understanding of your case
• Burden of proof on the Employer
• Conduct a good and thorough investigation
• Understand the issues involved with the
proposed disciplinary action from both sides
The Arbitrator’s Perspective
(Continued)
Creating the document
• Tell a compelling story
• Look at the case from the arbitrator’s
perspective
• Define acronyms the first time they are
presented in the document
• Don’t assume the arbitrator will read the
attachments
• Off duty conduct – define the nexus to the job
The Arbitrator’s Perspective
(Continued)
Why settle?
• Sometimes it just makes sense
• Sometimes you can avoid going to
arbitration at all, if you are willing to
compromise
The Arbitrator’s Perspective
(Continued)
Why employers lose
• Control of witnesses
• Gray areas – room
for interpretation
• Poor investigations
• Arbitrators
sometimes make
bad decisions
Case Study Discussions
Thank you for attending
today’s ER Forum session
May 9, 2013