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 (23), or in possession of intoxicants under s. DOC 303.43 or intoxicant paraphernalia under s. DOC 303.44.
DOC 313.08 Note Note: Sub. (10) is shown as amended by CR 11-022 eff. 1-1-15. Prior to 1-1-15 it reads:
DOC 313.08 Note (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; CR 11-022: am. (10) Register September 2014 No. 705, eff. 1-1-15.
DOC 313.09 DOC 313.09 Discipline.
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 DOC 313.10Termination.
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)(e) (e) Layoff. An employee may be terminated as a reduction in work force in accordance with s. DOC 313.17.
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(2)(a) (a) Name of employee;
DOC 313.10(2)(b) (b) Date of termination;
DOC 313.10(2)(c) (c) Shop name;
DOC 313.10(2)(d) (d) Supervisor's name; and
DOC 313.10(2)(e) (e) Type of termination.
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 DOC 313.11 Compensation.
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 DOC 313.12 Work day.
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 DOC 313.16 Affirmative action.
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.
DOC 313.17(2) (2) If a layoff is considered temporary, the affected employee shall receive one-half of base pay during the layoff period. A "temporary layoff" means a period of 15 working days or less.
DOC 313.17(3) (3) If an employee on layoff has not been reemployed after 15 consecutive working days, the employee may be terminated and shall receive no further benefits.
DOC 313.17(4) (4) If a layoff is considered permanent, the affected employee shall be terminated and is eligible for a separation allowance equal to one half of the pay the employee would have received, excluding overtime and differentials, for a 15 day period.
DOC 313.17(5) (5) If the employee terminated under sub. (3) or (4) is called back to the same position within 60 calendar days following termination, the employee shall return at the former wage rate.
DOC 313.17(6) (6) An employee who is laid off from one industry may be offered a position in another industry. If the employee does not accept the offered position, the employee shall be terminated from employment with prison industries and receive no further pay or benefits.
DOC 313.17 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.
DOC 313.18 DOC 313.18 Private sector/prison industry enhancement certification programs. Prison industries programs certified by the federal PS/PIEC Program under 18 USC 17.61 (c) and operating under the authority of s. 303.06 (2), Stats., are not subject to ss. DOC 313.06 (2), 313.07 (7), 313.11 (3), (5), (6), and (7), 313.12 (1) and 313.17 (2) to (6), but are subject to the following:
DOC 313.18(1) (1) Each employee working in a PS/PIEC program shall be paid a wage comparable to that paid in the private sector for work of a similar nature in the locality in which the prison industry is located or, as a minimum, the federal minimum wage.
DOC 313.18(2) (2) Overtime hours shall be compensated for in accordance with the Federal Fair Labor Standards Act, 29 USC 201.
DOC 313.18(3) (3) An employee injured in the performance of job duties shall receive injury compensation pay in an amount equal to the amount the employee would have received had the employee worked during their recuperation.
DOC 313.18(4) (4) The regular work schedule for PS/PIEC programs shall be as close to 40 hours per week as possible based on the prison schedules and the workload available.
DOC 313.18(5) (5) An employee who has been laid off and is called back to the same position within 60 calendar days shall return at their former wage rate. If the employee is called back to a different position, the employee shall receive an appropriate wage for the duties being performed.
DOC 313.18 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1995, No. 473.
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