DOC 313.07(3)
(3) The shop supervisor or designee shall meet with the employee as part of the evaluation process to discuss the employee's performance.
DOC 313.07(4)
(4) An evaluation shall be completed prior to any pay rate change and upon termination, regardless of cause.
DOC 313.07(5)
(5) After successful completion of probation, if an employee's evaluation indicates performance below expectations, a counseling session shall be held with the employee during which the supervisor shall explain the performance problem and the supervisor and the employee shall attempt to find a solution to the performance problem. A counseling report documenting the results of the counseling session shall be prepared.
DOC 313.07(6)
(6) Copies of the employee evaluation report and counseling report shall be distributed to the employee, the supervisor, the social services staff, and the employee's personnel file.
DOC 313.07(7)
(7) A recommendation concerning extra good time for those inmates to whom
1983 Wis. Act 528 does not apply shall be included in the evaluation. The criteria for an extra good time recommendation shall be those under
s. DOC 302.31 (4) to
(6).
DOC 313.07 History
History: Cr.
Register, March, 1994, eff. 4-1-94.
DOC 313.08
DOC 313.08
Work rules. The following conduct is a violation of a work rule:
DOC 313.08(1)
(1) Disobedience, insubordination or refusal to carry out written or oral instructions, directions or assignments.
DOC 313.08(2)
(2) Abusing, striking or deliberately causing mental anguish or injury to others.
DOC 313.08(3)
(3) Unauthorized use, abuse, destruction or removal from the work site of state-owned or leased property including, but not limited to keys, shop or business equipment, products or materials.
DOC 313.08(4)
(4) Unauthorized use of state provided or leased services including, but not limited to telephone or mail services.
DOC 313.08(5)
(5) Inattentiveness or negligence in the performance of job duties and responsibilities.
DOC 313.08(6)
(6) Violation of any health or safety procedure or instruction including, but not limited to shop or machine procedures.
DOC 313.08(7)
(7) Failure to provide accurate and complete information when required by supervisory personnel, including, but not limited to application data, production information, time cards and reports.
DOC 313.08(8)
(8) Unauthorized disclosure of proprietary information including, but not limited to design, engineering and business documents.
DOC 313.08(9)
(9) Possession of weapons or the manufacture or alteration of material with the intent of making the material suitable for use as a weapon.
DOC 313.08(10)
(10) Reporting for work or while at work manifesting any evidence of having used or being under the influence of an intoxicating substance, as defined in
s. DOC 303.02 (11), or in possession of an intoxicating substance or drug paraphernalia or device as defined in
s. DOC 303.44.
DOC 313.08(11)
(11) Disorderly conduct including, but not limited to the use of loud, profane or abusive language, horseplay and gambling.
DOC 313.08(12)
(12) Unauthorized solicitation for any purpose while on duty or on prison industries property.
DOC 313.08(13)
(13) Unauthorized posting, changing or removal of posted material or unauthorized distribution of written material.
DOC 313.08(14)
(14) Entering or permitting others to enter restricted areas without authorization or failing to comply with posted instructions.
DOC 313.08(15)
(15) Tardiness, excessive absenteeism or abuse of sick leave privileges.
DOC 313.08 History
History: Cr.
Register, March, 1994, eff. 4-1-94.
DOC 313.09(1)(1)
Chapter DOC 303 applies to all employees of the prison industries. Prison industries staff shall prepare an incident report for a violation of
ch. DOC 303 and forward the incident report to appropriate staff at the prison where the employee is confined.
DOC 313.09(2)
(2) Prison industries may impose discipline for any violation of a work rule as set forth in
s. DOC 313.08 which occurs on or off the job, whether or not the violation constitutes a violation of
ch. DOC 303.
DOC 313.09(3)
(3) A prison industries supervisor may discipline an employee for violations of work rules in accordance with the following progressive discipline procedure:
DOC 313.09(3)(a)
(a) The minimum response to a first violation shall be a verbal warning with a notation in the employee's file.
DOC 313.09(3)(b)
(b) The minimum response to a second violation shall be a written reprimand.
DOC 313.09(3)(c)
(c) The minimum response to a third violation shall be a 3 day suspension without pay.
DOC 313.09(4)
(4) Prison industries supervisors may terminate an employee's employment for a violation of a work rule as provided in
s. DOC 313.10.
DOC 313.09(5)
(5) This disciplinary procedure applies only to employees who have completed their probationary period. Employees on probation may be terminated at the discretion of the supervisor.
DOC 313.09(6)
(6) An employee may appeal a discipline or termination decision made under this section through the inmate complaint review system under
ch. DOC 310.
DOC 313.09(7)
(7) After 12 consecutive months without a violation, an employee's record may be expunged of a violation for which discipline of less than time-off was assigned.
DOC 313.09 History
History: Cr.
Register, March, 1994, eff. 4-1-94.
DOC 313.10(1)(1) Prison industries has the authority to terminate an employee's employment. The types of termination are as follows;
DOC 313.10(1)(a)
(a) Voluntary. An employee may voluntarily terminate employment with prison industries at any time. The employee shall complete the scheduled work shift in process at the time of the employee's request for termination or be subject to disciplinary action.
DOC 313.10(1)(b)
(b) During the probationary period. A supervisor may terminate an employee's employment during probation because of performance, conduct or for any other reason deemed appropriate by the supervisor.
DOC 313.10(1)(c)
(c) Rule violations. A supervisor may terminate an inmate's employment for work rule violations under
s. DOC 313.08.
DOC 313.10(1)(d)
(d) Substandard performance. An employee may be terminated for substandard performance if, after 2 counseling sessions conducted by the supervisor or designee for the same or different problems, the employee's performance has not improved to meet standards.
DOC 313.10(1)(f)
(f) Unable to work. An employee who is certified as physically unable to work as determined by a physician, physician assistant or registered nurse employed by the department or is certified as mentally unable to work by a psychiatrist or licensed psychologist employed by the department may be terminated if the disability period exceeds 90 days.
DOC 313.10(1)(g)
(g) Transfer. An employee shall be terminated upon transfer to another institution. If a prison industries facility is operating at the new institution, the inmate may be given priority consideration for rehiring under
s. DOC 313.13.
DOC 313.10(1)(h)
(h) Release. An employee shall be terminated upon parole, discharge or placement in intensive sanctions.
DOC 313.10(2)
(2) Whenever an employee is terminated, the supervisor shall prepare a written decision, with copies to the inmate, the social services file, and the employee's personnel file. This written decision shall include, but is not limited to, the following information:
DOC 313.10(3)
(3) An inmate terminated from employment by prison industries shall be referred to the PRC for reassignment under
ch. DOC 302.
DOC 313.10 History
History: Cr.
Register, March 1994, No. 459, eff. 4-1-94.
DOC 313.11(1)(1) Each employee shall be paid a base wage established by prison industries management. Pay adjustments based on educational achievements defined by prison industries written policy may be added to the original base wage rate. Prison industries, in its discretion, may limit application of this policy to specific prison industry locations in order to pilot rehabilitative employment programs or to respond to circumstances which hinder employees' ability or willingness to participate in a particular prison industry employment.
DOC 313.11(2)
(2) Pay adjustments may also be made by the shop supervisor based on employee performance and the pay scale of the position. The amount of the pay adjustment may be established by prison industry written policy.
DOC 313.11(3)
(3) Overtime pay at the rate of one and one-half times the base wage shall be given to employees for hours worked in excess of 40 hours per week. Twice the base wage shall be paid for work on Sundays and state holidays.
DOC 313.11(4)
(4) Employees who work between the hours of 6:00 P.M. and 6:00 A.M. may be paid a differential amount per hour in addition to the base wage they receive.
DOC 313.11(5)
(5) Employees who have completed their probationary period shall be eligible for 4 days of leave each quarter for non-work related illness or other unanticipated absences. All leave must be approved by the supervisor. Leave for non-work related illness shall be paid at the entry level wage rate.
DOC 313.11(6)
(6) Employees shall be paid one-half their base pay if there is a temporary layoff under
s. DOC 313.17 (2). This subsection applies only when the shop is closed for reasons unrelated to actions of employees or other inmates.
DOC 313.11(7)
(7) Employees injured in the performance of their job duties shall receive the same pay, excluding overtime and differentials, while recuperating which they would have received had they been working, unless terminated under
s. DOC 313.10 (1) (c) or
(d).
DOC 313.11(8)
(8) An employee who has been charged with one or more offenses under
ch. DOC 303 and found not guilty of all charges, shall be paid by the prison in which the inmate is confined at the prison's maximum pay rate for all hours absent from work due to the disciplinary process including temporary lock-up time. If the employee is found guilty, the employee shall receive no pay for hours absent due to the disciplinary process.
DOC 313.11(9)
(9) Employees of the prison industries program may be paid piece-rate wages.
DOC 313.11(10)
(10) Nonmonetary or monetary awards may be established by management. Any awards program shall be documented by management in a written plan.
DOC 313.11 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.12(1)(1) The regular work day for full-time industries positions shall be not less than 6 nor more than 8 hours excluding overtime, except as provided in
sub. (4).
DOC 313.12(2)
(2) Employees shall be paid for actual hours worked.
DOC 313.12(3)
(3) All absences from the work-site during work hours must be approved by the industry supervisor. The supervisor shall approve absences for necessary programming which cannot be scheduled during non-work hours.
DOC 313.12(4)
(4) Part-time positions of less than 6 hours per day may be developed by prison industries' management to provide time for educational program or other constructive program purposes.
DOC 313.12 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.13
DOC 313.13
Placement priority upon transfer. DOC 313.13(1)(1) Employees who are transferred to another prison for other than discipline reasons may be given a priority consideration over applicants who have never worked for prison industries.
DOC 313.13(2)
(2) The length of the probationary period under
s. DOC 313.06 may be modified, at the discretion of a prison industry supervisor, for an employee who has transferred and been hired by the new industry.
DOC 313.13 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.14
DOC 313.14
Employee suggestions. Prison industries management may establish an employee contribution procedure for receiving and reviewing employee suggestions.
DOC 313.14 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.15
DOC 313.15
Employee labor unions. Employee labor unions are prohibited.
DOC 313.15 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.16(1)(1) Prison industries shall promote equal employment opportunity through affirmative action in programs and practices including, but not limited to: recruitment, selection, promotion, termination, layoff, pay rates, training programs and appointment to committees. The goal of the affirmative action program is a representative inmate work force that reflects the racial composition of the population of all adult institutions.
DOC 313.16(2)
(2) Prison industries shall gather pertinent racial information from its employing units quarterly. Prison industries management shall monitor the quarterly reports under this section and direct affirmative action if necessary.
DOC 313.16(3)
(3) Prison industries shall provide parity in employment opportunities for male and female inmates.
DOC 313.16 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.17
DOC 313.17
Total shop shutdown and layoff. DOC 313.17(1)(1) The management of prison industries has the authority to lay off employees when business conditions dictate such action. This section does not govern loss of production capacity due to inmate actions. In this section, "inmate actions" includes, but is not limited to, riot, strike, sit-down strike, institution lock-down, fire or other property damage caused by inmates.
