Warning Letter: Called to a Disciplinary Meeting? Know Your Rights!
/IAPE is aware of an uptick in disciplinary proceedings initiated by DJ management.
These meetings appear to be connected to recent performance reviews.
IAPE advice: do not attend a disciplinary meeting alone.
You have the right to union representation – and it will help!
If you have been summoned to a disciplinary meeting – or attended a meeting recently and did not realize you have these union rights – please contact us immediately.
IAPE has new concerns about the Dow Jones performance evaluation process and whether managers may be using annual reviews inappropriately as a first step toward disciplinary actions, which could lead to termination of employment. We would like to hear from any member who has received a "Needs Improvement" rating, particularly if you have been summoned to a disciplinary meeting; as always, IAPE holds member personal information in strict confidence.
There are indications that Dow Jones may be attempting to use the Glint process to evade the contract's Job Security Clause, which provides that "[t]here shall be no discharge or other disciplinary action except for just and sufficient cause," which includes "insubordination, infractions of generally recognized and approved standards of business conduct or journalistic ethics, incompetence" or misconduct of similar magnitude.
Just two weeks after a meeting with Dow Jones representatives in which the union requested information about the new process for employee ratings, IAPE is now hearing from members who received "Needs Improvement" ratings and have been summoned to disciplinary meetings that commence a process that could lead to termination of employment. In News departments, for example, we are aware of management requiring certain reporters to write a large quantity of stories in a short period of time, and they will be penalized for teamwork because only single-byline feature stories will receive credit.
Delivering performance expectations and discipline at the same time is at odds with the company’s stated goals for the Glint system, as well as the company’s obligations under our collective bargaining agreement. Typically, employees have been given fair notice of management’s performance concerns and a reasonable chance to address them before Dow Jones initiated the formal disciplinary process.
Materials delivered last year to the union advertised the new Glint process as a way to prompt “more frequent check-in conversations between employees and managers on performance & growth.” However, IAPE evidence indicates that managers in at least some departments believe a negative rating should automatically trigger a follow-up warning letter, rather than constructive guidance from supervisors.
As the union informed members in a Jun. 24 update, Dow Jones officials at the time said there is no automatic follow-up process triggered by poor evaluation ratings. Indeed, connecting disciplinary meetings and warning letters to annual performance reviews would also violate the contract. Article XXI of the agreement reads, “The Company and the Union agree that performance evaluations under this Article shall not be considered disciplinary actions.”
We say none of this to alarm members unnecessarily, but to make you aware of what we have observed, and to remind you that you have rights under the terms of our contact with the company. IAPE will continue to investigate to ensure departments do not use performance reviews as a precursor to discipline, and will defend all IAPE-represented employees against unfair discipline and claims of poor performance.
If you ever receive an invitation to attend a disciplinary meeting, you have the contractual right to attend with the assistance of an IAPE representative. Article XI of the IAPE/DJ agreement requires at least three hours’ advance notice of a disciplinary meeting, and that your invitation to attend must include IAPE contact information. Don’t attend a disciplinary meeting alone. Email union@iape1096.org or contact your local IAPE representative for assistance.