© 2008 by Prentice Hall13-1 Progressive Disciplinary Action Ensure minimum penalty appropriate to offense is imposed Model developed in response to National.

© 2008 by Prentice Hall 13-1

Progressive Disciplinary Action

• Ensure minimum penalty appropriate to offense is imposed

• Model developed in response to National Labor Relations Act (NLRA) of 1935

• Involves answering series of questions about severity of offense


The Progressive Disciplinary Approach

Improper Behavior

Does this violation warrant disciplinary actions?

Does this violation warrant more than an oral warning?

Does this violation warrant more than a written warning?

Does this violation warrant more than a suspension?

Termination

Yes

Yes

Yes

Yes

Yes

No Disciplinary Action

Oral Warning

Written Warning

Suspension

No

No

No

No


Suggested Guidelines for Disciplinary Action

Offenses Requiring First, an Oral Warning; Second, a Written Warning; and Third, Termination

Negligence in the performance of duties Unauthorized absence from job Inefficiency in the performance of job

Offenses Requiring a Written Warning; and Then Termination

Sleeping on the job Failure to report to work one of two days in a row without notification Negligent use of property

Offenses Requiring Immediate Termination

Theft Fighting on the job Falsifying time cards Failure to report to work three days in a row without notification


Disciplinary Action without Punishment

• Process of giving worker time off with pay to think about whether he or she wants to follow the rules and continue working for company

• Employee violates rule, manager issues oral reminder

• Repetition brings written reminder• Third violation: Worker takes 1, 2 or 3 days off

(with pay) to think about situation• Important all rules explicitly stated in writing


Problems in Administration of Disciplinary Action

• Lack of training• Fear• The only one• Guilt• Loss of friendship• Time loss• Loss of temper• Rationalization


Disciplinary Action Advice

• Managers often avoid disciplinary action, even when it is in company’s best interest

• Some managers believe that even attempting to terminate women and minorities is useless

• Proper time and place to administer disciplinary action

• Many supervisors may be too lenient early in disciplinary action process and too strict later


Grievance Handling Under Collective Bargaining Agreement

• Grievance - Employee’s dissatisfaction or feeling of personal injustice relating to employment

• Grievance procedure - Formal, systematic process that permits employees to express complaints without jeopardizing their jobs


Grievance Procedure

• Assists management in seeking out underlying causes of and solutions to grievances

• Virtually all labor agreements include some form of grievance procedure

• Normally well defined• Usually restricted to violations of terms

and conditions of agreement


General Principles for Effective Grievance Administration

• Grievances should be adjusted promptly.• Procedures and forms used for airing

grievances must be easy to utilize and well understood by employees and their supervisors.

• Direct and timely avenues of appeal from rulings of line supervision must exist


A Multiple-Step Grievance Procedure

Arbitrator

International Representative, Local President, etc.

President, Vice President for Labor Relations, etc.

Plant Manager, Personnel Manager, etc.

First-Line Supervisor

Grievance Committee, Business Agent, etc.

Union Steward

Aggrieved Employee

To Impartial Third Party

Grievance in Writing

Oral Presentation


Arbitration

• Parties submit dispute to impartial third party for binding resolution

• Final step in most grievance procedures

• Union and company select arbitrator

• Courts will generally enforce arbitrator’s decision


Factors Arbitrator May Use to Evaluate

Fairness of Managements Actions

• Nature of offense• Due process and procedural correctness• Double jeopardy• Past record of grievant• Length of service with company• Knowledge of rules• Warnings• Lax enforcement of rules• Discriminatory treatment


Formats of Written Warnings

• Statement of facts concerning offense• Identification of rule that was violated• Statement of what resulted or could have

resulted because of violation• Identification of any previous similar violations

by same individual• Statement of possible future consequences

should violation occur again• Signature and date


Example of a Written Warning

Date: August 1, 2007

To: Judy Bandy

From: Wayne Sanders

Subject: Written Warning

We are quite concerned because today you were thirty minutes late to work and offered no justification for this. According to our records, a similar offense occurred on July 25, 2007. At that time, you were informed that failure to report to work on time is unacceptable. I am, therefore, notifying you in writing that you must report to work on time.

Please sign this form to indicate that you have read and understand this warning. Signing is not an indication of agreement.

Name

Date


Grievance Handling in Union-free Organizations

• Most large and medium sized nonunion firms have established formal grievance procedures

• Means of resolving complaints varies


Trends & Innovations: Alternative Dispute Resolution

• Procedure where employee and company agree problems will be addressed by agreed upon means ahead of time

• Arbitration, mediation, mini-trials, and ombudspersons used

• Uses range from racial, gender, and age discrimination to unfair firings


Trends & Innovations: Alternative Dispute Resolution (Cont.)

• Presidential EO requires federal agencies to (1) promote greater use of mediation, arbitration, early neutral evaluation, agency ombudspersons, and other alternative dispute resolution techniques, and (2) promote greater use of negotiated rulemaking

• Circuit City v Adams - Greatly enhanced employer’s ability to enforce compulsory alternative dispute resolution agreements


Ombudspersons

• Complaint officer with access to top management hears employee complaints, investigates, and recommends appropriate action

• Impartial, neutral counselors give employees confidential advice about problems ranging from abusive managers to allegations of illegal corporate activity

• Typically independent of line management and reports near or at top of organization

© 2008 by Prentice Hall13-1 Progressive Disciplinary Action Ensure minimum penalty appropriate to offense is imposed Model developed in response to National.

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