⚖️ The Disciplinary Process, Step by Step

What actually happens when your employer pursues discipline — and the rights union contracts give you at every stage.

Paragraph citations on this page are to the Kaiser Northern California CNA agreement (2022–2026). The stages and rights below (union representation, just cause, rebuttal, grievance) exist in nearly identical form in every nurses' contract we cover — use Ask AI with your contract selected for your exact provisions.
If you were just discharged or suspended: your grievance must be filed within 7 calendar days (¶4103). Stop reading and call your union rep now. Everything else can wait.

Something is reported

A complaint or incident is raised to management. You often won't know yet. Management reviews and decides whether to investigate. Nothing in your file at this point is discipline.

The investigatory (fact-finding) meeting

Your rights start HERE

You may request a union representative at any meeting you reasonably believe could lead to discipline — and management must tell you in advance if a meeting may result in discipline. ¶4122

Never attend alone. Answer honestly and briefly; you can ask to pause and consult your rep. If placed on investigatory leave, it must be paid administrative leave. ¶4121

→ Use the Fact-Finding Prep tool — pocket rights card + an AI prep brief for your specific meeting.

The decision — coaching, warning, suspension, or discharge

All discipline requires just cause (¶4121): a fair, thorough investigation; consistent treatment; proportionate penalty; real evidence. Discipline that skips coaching/counseling for a first offense is vulnerable on progressive-discipline grounds.

Before a warning goes in your file, you must get the chance to read it, sign it, and attach written comments. Your signature is proof of receipt only — it is NOT agreement. ¶4125–4126

Your rebuttal

Within 2 weeks of inspecting the document

You may examine any written warning or evaluation and place your own written comments in your personnel file. ¶4124 A focused, factual rebuttal creates a permanent record that you contested the discipline — critical if anything is ever built on it later.

Use the Letter Generator to draft one with contract citations, then review it with your rep.

The grievance

30 calendar days — or 7 for discharge/suspension

A grievance is the contract's formal challenge. Ordinary grievances: within 30 calendar days of when you knew (or should have known) of the event. ¶4102 Discharge or suspension: 7 calendar days. ¶4103

Note: warnings and evaluations themselves are grievable when they result in, or are relied on to support, later discipline or personnel actions. ¶4124 Your union controls the grievance — file through your rep. See the Grievance Toolkit for the full Step 1→4 timeline.

The 12-month sunset

Mark your calendar

Discipline more than 12 months old must be segregated from your file and cannot be relied on for new discipline or personnel actions — unless the same or related conduct recurs within 12 months, or the conduct involved willful negligence, drugs/alcohol, or repetition. ¶4127–4128

Quick rights reference

Union rep on request

At any meeting you reasonably believe could lead to discipline; advance notice required from management. (¶4122)

Just cause, always

Discipline and discharge require just cause; investigatory leave is paid. (¶4121)

Signature ≠ agreement

Signing a warning proves receipt only. Evaluations are not discipline and can't block transfers. (¶4126)

Your file, your voice

Inspect warnings/evals; attach written comments within 2 weeks. (¶4124–4125)

24-hour union notice

Discharge/suspension notice must go to CNA within 24 hours; your 7-day clock runs from its postmark. (¶4131)

Old discipline dies

12+ month-old discipline is off-limits for new action, with narrow exceptions. (¶4127)

Educational reference only — not legal advice. Contract enforcement runs through your union: involve your union representative early in any disciplinary matter.