The Shift That Keeps Calling Out

Ruiz should separate attendance, performance, and possible medical or family needs. First, she should pull timekeeping, payroll, and prior counseling records and verify each absence against the contract's definition of an occurrence. Second, she should hold a private, non-disciplinary conversation with Webb and allow union representation if he requests it. She should ask what support he needs, but she should not diagnose, promise confidentiality, or accept the custody explanation as a reason to excuse every absence. Third, she should offer an EAP referral in writing and document that the offer was made, not the underlying reason. Fourth, she should set clear expectations for on-time arrival, notification, and a 30-day review, and explain that continued violations will lead to progressive discipline under the contract. She should not tolerate violations because Webb is the only driver-operator; that creates operational risk and signals to the probationary firefighters that rules are negotiable. She should brief the battalion chief with facts, not speculation, and have HR or labor relations review any written reprimand before it is issued.

Ruiz must treat the harassment allegation as a separate complaint. She should document the specific allegations, dates, and witnesses, notify HR and the labor relations officer promptly, and follow the city's investigation policy rather than investigating alone if the policy assigns that role elsewhere. She should not retaliate, change Webb's schedule, or discuss the complaint with the crew. At the same time, she should continue managing attendance under the same standards used for other members and document each step. If the complaint involves Ruiz's own conduct, she should ask an alternate supervisor to handle the attendance matter. The union steward may represent Webb in investigatory meetings, but EAP records remain confidential. The reasoning is that both obligations run in parallel: the department must correct attendance and must also provide a fair, prompt harassment inquiry. Failing either obligation exposes the city to a grievance, a discrimination claim, or both.

Ruiz should document dates, times, durations, applicable contract and policy provisions, prior expectations communicated, the resources offered, Webb's responses, who was present, and the follow-up schedule. She should record that an EAP referral was offered and whether Webb accepted, but not the content of any EAP conversation. She should include objective observations from the station log and identify conflicting notes as unresolved facts to be verified. She should leave out medical diagnoses, guesses about Webb's family situation, personal opinions about his attitude, and unrelated discipline from years earlier. She should not write that Webb is unreliable or that the union is protecting him. The written record may be read in a grievance or legal proceeding, so it should be factual, behavior-based, and consistent with how other members are documented. Ruiz should also keep a separate supervisory file and avoid putting draft opinions in the official personnel file.