EMPLOYEE DISCIPLINE

1
SECTION 3

• EMPLOYEE DISCIPLINE

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Employee Discipline

• Wagner Act protects employees from discipline for
  being in a union or undertaking concerted
  activities for mutual aid or protection
• Discipline and grievance issues are mandatory
  bargaining subjects
• Wrongful discharge claims occur outside and
  inside of a union context
• Union and nonunion workers have right of
  representation during disciplinary investigation

3
BE CAREFUL

• Most discharge discipline cases going to
  arbitration are ruled in favor of the employee
• Re-instatement (union will make it visible)
• Publicized in union papers
• Backpay
• Supervisor loses face

4
How to discipline.

• When it occurs, it must be for just cause
• Evidence that he/she did it
• Appropriate discipline
• Progressive discipline
• oral?written ?suspend ?fire
• Consistent discipline across all employees
• Burden of proof is on the employer in arbitrated
  discipline cases
• However, employment arbitrators (as opposed to
  labor arbitrators) tend to place burden on
  employee (see article)

5
MORE

• Management has the right to direct work force and
  manage operations efficiently
• Work rules on basic disciplinary scenarios are
  still seen as necessary
• Absenteeism, poor performance, insubordination,
  etc.
• Other option is disciplinary price list
• Pros if union agrees to it, it is documented and
  consistent
• Cons does not allow for case-by-case assessment
  of the situation