Deck 12: Employee Discipline

Question 1

Under the implied contract exception to the employment-at-will doctrine, an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit, well-established public policy of the state.

Answer 1

False

Question 2

Arbitrators often reduce suspensions given to employees, even if other employees have received similar suspensions under identical circumstances

Answer 2

False

Question 3

Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed.

Answer 3

True

Question 4

Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a "below average" capacity following reinstatement.

Question 5

It is estimated that employers incur tremendous indirect costs (e.g., costs of poorly performing employees, costs of overly complex hiring processes, unnecessary granting of severance pay) because they routinely overestimate the costs of fighting wrongful discharge suits.

Question 6

A manager terminates an employee because of a personal grudge against the employee. This discharge could be contested in 12 states at least under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

Question 7

Restrictions cannot be placed on supervisors to protect employee rights without adversely affecting supervisors' beliefs in the effectiveness of the disciplinary system.

Question 8

The presence of "mitigating circumstances" usually makes it more likely that the disciplinary actions of management will be upheld, particularly discharge decisions.

Question 9

Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge.

Question 10

The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.

Question 11

Under due process element of double jeopardy, the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.

Question 12

In order for an arbitrator to find that discipline was for "just cause," it is necessary to find clear and convincing evidence that a disciplinary offense was committed.

Question 13

Discipline refers not only to actions taken against employees but also to a set of methods or actions that are intended to result in workers who are self-regulating and willing to follow management directives.

Question 14

Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt" since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.

Question 15

The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees) for a period of at least two years.

Question 16

When the company decides that discharge is the appropriate disciplinary action, the affected employee is issued a last chance agreement that informs them that they are being discharged.

Question 17

In most states, an employer cannot legally discharge an employee because the employee refused to follow a management directive that would require the employee to violate the law.

Question 18

The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.

Question 19

One advantage of the "price list" is that it takes a statute of limitations on prior disciplinary offenses into account.

Question 20

Employee discipline is a topic only relevant in unionized firms since non-unionized employees aren't afforded any protections against wrongful disciplinary actions.

Question 21

The "employment at will" concept:

A) means that an employee and employer are each free to sever their employment relationship at any time for any reason.
B) has been successfully challenged by the employee in most states.
C) applies to employees, even if they are not covered by a union contract.
D) is limited in most all states by certain exceptions.
E) all of these

Question 22

Evidence obtained through "search and seizure" techniques (e.g., looking inside the employee's locker) without the employee's knowledge:

A) will usually be permitted as long as company representatives did not forcibly break into the employee's private property.
B) will be automatically prohibited by the arbitrator.
C) will subject the management representative to criminal prosecution according to a recent Supreme Court decision.
D) will not be considered by the arbitrator if the employee did not know about the search.
E) will always be considered by the arbitrator regardless of how it was obtained.

Question 23

A "reasonable" rule:

A) relates to the orderly, efficient, and safe operation of the employer's business.
B) must be jointly established by management and the union.
C) must apply to all employees and operations at a particular organization equally.
D) can be unrelated to the necessities of business operations.
E) all of these

Question 24

A grievant receiving notice that another similar incident will be "subject to dismissal""

A) must be discharged if he/she repeats that incident.
B) will not be able to have his/her discharge reviewed by an arbitrator since advance notice was given.
C) can be discharged for a different, minor offense since the grievant was put on general notice.
D) may be discharged if he/she repeats that incident, based on a consideration of the specific circumstances surrounding the infraction.
E) all of these

Question 25

The most common mitigating circumstance is probably the employee's:

A) age.
B) work record.
C) arrest record.
D) religious affiliation.
E) gender.

Question 26

The burden of proof for disciplinary action rests with management in:

A) no cases.
B) some cases.
C) most cases.
D) almost all cases.
E) all cases.

Question 27

Which of the following is correct about employees who are union stewards?

A) Arbitrators give them more leeway than they would other employees for arguments/ remarks made to management in a grievance meeting.
B) Arbitrators might uphold more lenient penalties for them as opposed to other employees for identical participation in a wildcat strike.
C) Arbitrators consider them no differently than any other employee.
D) They cannot be discharged by management because of legal protection under the National Labor Relations Act.
E) Union stewards actually have less responsibility when it comes to disciplinary matters.

Question 28

Even though all of the following rationale may be legitimate from a managerial perspective, arbitrators consider which one of the following to be the only legitimate/ necessary purpose of employee discipline?

A) To promote efficient production.
B) To maintain respect for the supervisor's authority.
C) To correct and improve the employee's behavior.
D) To set an example of appropriate behavior to other employees.
E) To transmit the rules of the organization to other employees.

Question 29

Violation of an employee's Weingarten rights meAnswer:

A) The employee was denied representation in a proceeding that might result in disciplinary action.
B) The employee may be found guilty of charges by some other means (e.g., by testimony from another employee).
C) The employee is not guilty if the termination is based on evidence obtained in an illegal interview.
D) None of these
E) All of these

Question 30

A disadvantage of the "price list" contractual provision pertaining to discipline is that:

A) its inflexible nature makes it difficult to consider the unique circumstances of each disciplinary case.
B) union officials do not accept its contents.
C) employees are uncertain over the consequences associated with a rule infraction.
D) mitigating circumstances in a particular situation are easily taken into account.
E) standardized penalties suggest that consistent disciplinary action is implemented.

Question 31

Which of the following statements is false about the evolution of employee discipline?

A) In the 18th and 19th centuries, employers exercised uncontrolled discretion relating to employee discipline.
B) It wasn't until the 1970s that employers could be held legally accountable for their disciplinary actions.
C) Frederick W. Taylor was among the first management thinkers to advocate a disciplinary approach that focuses on correction rather than discharge.
D) At one time, an employee could be disciplined by having his tongue burned or being whipped in public for speaking to management in an insolent or rude manner.
E) The protections against wrongful disciplinary actions initially afforded by the Wagner Act applied only to employees covered by a collective bargaining agreement.

Question 32

In 41 states, an employee may not legally be discharged if oral or written representations have been made to employees about job security. This is known as the _______________ to the employment-at-will doctrine.

A) covenant-of-good faith and fair dealing exception
B) public policy exception
C) implied contract exception
D) job security exception
E) None of these

Question 33

Which of the following statements about the managerial implications of discipline is false?

A) First-line supervisors are the level of management most intimately and frequently involved in disciplinary issues.
B) Arbitrators have the power to overturn a manager's disciplinary action, including reinstating a discharged employee with full back pay.
C) The manager's authority can be compromised when one of their discharge decisions is overturned and the affected employee returns to the workplace.
D) The majority of reinstated employees perform in a below-average manner after returning to the workplace following reinstatement.
E) None of these statements are false.

Question 34

Which of the following is NOT true about work rules?

A) Management's disciplinary decisions are more likely to be supported by an arbitrator when there are established work rules relating to the disciplinary offense.
B) Management has an absolute obligation to inform the union of new work rules before they can be administered in the workplace.
C) Work rules must be clear and conclusive, indicating what is expected.
D) Management must inform employees of the rules and the consequences of their violation.
E) Management must administer the rules consistently for employees violating the rules under similar circumstances.

Question 35

Which of the following is NOT an example where an arbitrator might reverse or modify an employer's disciplinary action because of a violation of the "just cause standard"?

A) The employer's rules were not clearly communicated to the employee, and the employee did not fully understand what was expected.
B) The employer fails to conduct a full and fair investigation of the employee's alleged misconduct.
C) There are mitigating circumstances, such as the employee's long and distinguished service.
D) The employer acts in a consistent and even-handed manner by dispensing a disciplinary penalty that is identical to those used with other employees in similar circumstances.
E) There is improper administration of the employer's rules and requirements.

Question 36

Suspensions:

A) must always be given before discharge.
B) typically average three months in length according to one study.
C) are less serious than "oral warnings" because they do not become a permanent part of the employee's work record.
D) are disciplinary lay-offs without pay.
E) typically are the step after discharge.

Question 37

Which of the following is NOT one of the broad powers exercised by arbitrators in discipline cases?

A) The power to determine what constitutes "just cause" for discipline.
B) The power to establish reasonable standards for proof and evidence.
C) The power to determine if employers have violated federal law and dispatch remedies against the employer.
D) The power to review and revise, when warranted, a disciplinary penalty that has been imposed by management.
E) All of these are powers that arbitrators possess.

Question 38

Which of the following is NOT characteristic of progressive discipline?

A) There are increasingly severe penalties corresponding with repeated, identical offenses committed by an employee.
B) Progressive discipline does not allow employees an opportunity to correct their behavior.
C) Progressive discipline impresses on the employee the seriousness of repeated offenses.
D) There are penalties that range in severity from an informal oral warning to immediate discharge.
E) Penalties for various types of offenses are clearly spelled out in a disciplinary price list.

Question 39

Which of the following would NOT lead an arbitrator to consider reducing management's assigned penalty?

A) Management contributed to the disciplinary problem and must assume part of the responsibility.
B) The circumstances of the case were so unusual that it is very unlikely to happen again.
C) The employee was experiencing marital problems and it is likely that once the personal problem is resolved, the infraction will not occur again.
D) None of these would lead an arbitrator to consider reducing the assigned penalty.
E) All of these would lead an arbitrator to consider reducing the assigned penalty.

Question 40

Rules prohibiting "horseplay" or "gambling" are usually:

A) regarded by most arbitrators as trivial concerns.
B) more vague than management intended, even though it seems clear what is meant by these terms.
C) almost always regarded by arbitrators as being clear and to the point and therefore subject to little interpretation.
D) always upheld by arbitrators when discipline occurs for their infraction.
E) all of these