151 Quiz Chapter 11

Progressive discipline

A discipline system for addressing minor employee misconduct that usually includes several levels of penalties such as warnings, reprimands, suspensions, and, finally, termination. The objective is to inform an employee of inappropriate behavior and enable the employee to correct such behavior without serious or permanent consequences.

Employee misconduct

A wide range of offenses ranging from serious, such as fighting or threatening others, to minor offenses, such as failing to punch a timecard, can be considered examples of misconduct.

Last Chance Agreement

Agreement between the union and the employer that allows an employee who was fired for misconduct his job back with the condition that if the employee violates the LCA he will be discharged without right of an appeal.

Grievance

Any formal complaint filed by an employee or union concerning any aspect of the employment relationship. A grievance is generally a perceived violation of a contract provision.

"5 Ws" rule

Assembling crucial facts in a grievance: what happened, where did it happen, when did it happen, why is the complaint a grievance, and who was involved.

Discuss the functions of grievance procedures.

Formal grievance procedures are the most common tool to resolve conflicts arising between labor and management during the life of the agreement. In general, the functions provided by a grievance procedure are as follows: · Conflict management resolution: Without grievance procedures, issues would often be resolved by a test of strength, harmful both to management and to the union, rather than the facts of the case. The use of grievance procedures to resolve complaints has greatly improved the labor relations process. · Agreement clarification: All agreements contain a certain amount of unintentional ambiguity that results in questions requiring contract interpretation. · Communication: Grievance procedures provide a vehicle for individual employees to express their problems and perceptions. They offer employees a formal process to air perceived inequities in the workplace. · Due process: The most widely heralded function of grievance procedures is that of a neutral, third-party intervention. Most grievance procedures provide a fair and equitable due process containing binding arbitration as a final step, and some include grievance mediation as a step before arbitration. · Strength enhancement: The grievance mechanism helps unions develop employee loyalty and trust. Grievance processing emphasizes union presence and strength during the term of the collective bargaining agreement and reminds employees of the union efforts to protect their interests.

With reference to employee misconduct, which of the following statements is true regarding minor offences?

Minor offences call for attempts at corrective action. Minor offenses call for attempts at corrective action and do not call for discharge for the first offense. Theft at the workplace and threatening coworkers are considered serious offences.

Disciplinary procedures

Processes that are usually designed to set standards of performance and work rules, and apply discipline (up to termination) when those standards are not followed, in a fair and consistent manner. The general purpose of the procedures is to reduce the number of violations.

Robert feels that he has been treated unfairly by the management. In order to take revenge, he damages one of the lathes in the factory and pretends that it happened accidentally. An arbitrator is called to resolve this case of employee misconduct. According to the Bureau of National Affairs' Grievance Guide, which of the following factors will most likely be taken into consideration by the arbitrator in deciding the case?

Robert's intention

Grievance procedure

The step-by-step process, usually outlined in a collective bargaining agreement, available to employees to resolve conflicts arising between labor and management.

Grievance mediation

The use of a neutral third party as one step in a grievance procedure. The mediator, in a confidential process, facilitates the parties developing a resolution of the grievance themselves and thus avoiding arbitration.

Discourteous behavior toward a supervisor is an example of a minor offence.

True Minor offenses call for attempts at corrective action and do not call for discharge for the first offense. Discourteous behavior toward a supervisor is an example of a minor offence.

Once a grievance has been reduced to writing, the steward and the employee must meet with the supervisor to discuss the grievance and most grievances containing little merit are dropped at this stage.

True Once the grievance has been reduced to writing, the steward and the employee meet with the supervisor to discuss the grievance and most grievances containing little merit are dropped at this stage.

Serious offenses, under normal circumstances, warrant immediate discharge without the necessity of prior warnings or attempts at corrective action.

True Serious offenses, under normal circumstances, warrant immediate discharge without the necessity of prior warnings or attempts at corrective action.

Threatening coworkers is generally considered a serious offence.

True Threatening coworkers is generally considered a serious offence.

A last chance agreement is an agreement between the union and the employer that allows an employee who was fired for misconduct his job back.

True A last chance agreement is an agreement between the union and the employer that allows an employee who was fired for misconduct his job back with the condition that if the employee violates the LCA he will be discharged without right of an appeal.

What is a last chance agreement?

When an employee's misconduct becomes unacceptable, a last chance agreement (LCA) among the employer, union, and employee can be negotiated. Last chance agreements, however, are not viewed the same by all labor experts. One view is that an LCA is separate from the collective bargaining agreement and will be strictly enforced. That is, the employee will be terminated if the LCA is violated. A second view of LCAs is that they represent a mutually accepted modification of the collective bargaining agreement in which the employer has forfeited the right to immediate discharge, in favor of giving the employee a last chance, and the employee has given up the right to arbitrate or litigate a potential termination in favor of retention within the specifics of the LCA. Generally the written agreement describes the conduct that led to the potential termination, specific policy violations, and specific work requirements that if not met will lead to termination in the future, as well as the employee's forfeit of arbitration or litigation rights. The agreement may include an expiration date.

If an employee reports a grievance to a union steward and both, the steward and the employee agree that the grievance has some merit and should be pursued, the immediate next step is to ________.

complete a grievance form

At which stage in a grievance procedure are the majority of grievances settled?

discussing the grievance with the supervisor after it is reduced to writing Most grievances are settled when the grievances are discussed with the supervisor after they are reduced to writing.

The objective of a progressive discipline system is to ________.

enable an employee to correct his/her inappropriate behavior without serious or permanent consequences The objective of a progressive discipline system is to enable an employee to correct his/her inappropriate behavior without serious or permanent consequences.

A gripe is often defined as any perceived violation of a contract provision.

false

A mediator cannot meet with the two parties involved in the dispute.

false

In most collective bargaining agreements, the last step of the grievance procedure is mediation.

false

Management cannot discipline an employee for off-duty misconduct because employees have a right to privacy in their private lives.

false

Under the the union contract provision, only the union has the right to request arbitration as a final step in resolving a grievance.

false

If a supervisor assigns an employee a work that is outside his job classification and if the employee thinks that it violates his contract, the employee can file a formal complaint against his supervisor. This is known as a(n) ________.

grievance If a supervisor assigns an employee a work that is outside his job classification and if the employee thinks that it is inappropriate, then the employee is said to have a grievance.

A(n) ________ is generally defined as a complaint by an employee concerning an action by management that does not violate the contract, past practice, or law.

gripe A gripe is generally defined as a complaint by an employee concerning an action by management that does not violate the contract, past practice, or law.

Which of the following types of employee misconduct is most likely to warrant discharge on the first incident?

moonlighting

Which of the following is most likely to be considered a serious offence?

stealing at the workplace Stealing at the workplace is a serious offense.

The general purpose of the disciplinary procedures is to ________.

to reduce the number of violations