Deck 17: Employee Relations

Question 1

Fees charged by arbitrators in grievance arbitration are normally paid on a 50-50 basis by a company and the union.

Answer 1

True
Explanation: Arbitrators charge for their services. Normally arbitrators' charges are paid on a 50-50 basis by the company and the union.

Question 2

In the context of grievance arbitration,AAA stands for American Arbitration Association.

Answer 2

True
Explanation: American Arbitration Association (AAA) is a private, nonprofit organization that provides lists of arbitrators to both the private and public sectors.

Question 3

Suspension is the first step in corrective discipline taken by management in disciplining an employee.

Answer 3

False
Explanation: Progressive, or corrective, discipline means the normal sequence of actions taken by management in disciplining an employee would be oral warning, written warning, suspension, and discharge.

Question 4

The first step in the organizational disciplinary process is the establishment of performance requirements and work rules.

Question 5

Due process is the right of an employee to be dealt with fairly and justly during the investigation of an alleged offense and the administration of any subsequent disciplinary action.

Question 6

Consistency in administering discipline means that factors such as past conduct,length of service,work record,and other mitigating factors must be ignored in determining an appropriate discipline.

Question 7

Notation of rules infractions in an employee's record constitutes advance warning and is sufficient to support disciplinary action.

Question 8

Generally,in unionized organizations a grievance process is initiated by an organization that has a complaint regarding some action perceived to be inconsistent with the terms of the union contract.

Question 9

A manager is allowed to discipline an employee even before looking for evidence to support the decision.

Question 10

In the context of grievance procedures,the principle of just cause originally places the burden of proof on an employer.

Question 11

Employment at will permits an employer to terminate an employee for good reason or for no reason.

Question 12

When an employee has a complaint against management,the employee normally uses the organization's disciplinary procedure to resolve the problem.

Question 13

Grievance arbitration is a process whereby the parties involved in a grievance procedure voluntarily agree to settle a dispute through the use of an independent third party.

Question 14

A manager should always administer discipline publicly in order to regain control of a situation; except in case of gross insubordination or flagrant and serious rule violations,where a private reprimand is required.

Question 15

One of the key points in administering organizational discipline is immediacy.It refers to the length of time between any misconduct and the discipline.

Question 16

Falsifying an employment application is not grounds for discipline,unless discovered at the time the application was completed.

Question 17

A manager who objects to an employee's performance or behavior just has to say,"You're fired!" and does not have to offer any justification for the same.

Question 18

In certain cases,an employee has the right to refuse to submit to a disciplinary interview without the presence of a union representative.

Question 19

Title VII of the Civil Rights Act prohibits the use of age as the basis of any employment condition.

Question 20

The internal stages of appeal in a grievance procedure are completed within one to two weeks.

Question 21

Employees represented by a union are allowed to have a union representative present during any disciplinary interview.This right is protected by the:

A) Federal Mediation and Conciliation Service.
B) Social Security Administration.
C) National Labor Relations Board.
D) Equal Employment Opportunity Commission.

Question 22

The normal sequence of actions taken by management in disciplining an employee would be:

A) oral warning, arbitration, mediation, and release.
B) suspension, written warning, oral warning, and discharge.
C) written warning, mediation, arbitration, and release.
D) oral warning, written warning, suspension, and discharge.

Question 23

Immediacy in administering organizational discipline should denote:

A) prior warning about the infraction.
B) rapidness without involving an emotional, irrational decision.
C) immediate termination without investigation.
D) punishment based on past infractions, length of service, and other mitigating factors.

Question 24

An open-door policy:

A) gives an employee the right to appeal a disciplinary action taken against him or her to the manager's superior.
B) requires a new employee to sign an "open-door" agreement as a condition of employment.
C) allows an employer to terminate an employment relationship at any time for virtually any reason or for no reason at all.
D) requires a manager to take disciplinary against an employee in public.

Question 25

The most common type of appeal procedure is a(n)____ that allows an employee to appeal a disciplinary action taken against him or her to successively higher levels of management.

A) outplacement program
B) open-door policy
C) work/life program
D) peer review policy

Question 26

The first step in an organizational disciplinary process is:

A) communicating performance standards.
B) applying corrective action as soon as the transgression is proven.
C) establishing performance requirements and work rules.
D) investigating whether performance standards are maintained or not.

Question 27

____ prohibits the use of race,color,religion,sex,or national origin as the basis of any employment condition.

A) Executive Order 11246
B) Title VII of the Civil Rights Act
C) The Taft-Hartley Act
D) The due process doctrine

Question 28

In the context of organizational discipline,civil rights legislation requires management to:

A) avoid disciplinary actions on protected classes.
B) protect women and minorities against any disciplinary actions.
C) ensure that disciplinary actions are not discriminatory.
D) limit the right to due process to minority employees only.

Question 29

According to discipline rules in typical labor contracts,the first act of discipline in a minor offense is usually a:

A) two-day suspension.
B) class-action suit.
C) written warning.
D) one-day suspension.

Question 30

Which of the following may result in organizational discipline?

A) Reverse mentoring
B) Membership in unions
C) Socializing
D) Horseplay

Question 31

Tison Systems Inc.is introducing a new employment arbitration program within the organization.This will generally:

A) affect only employees who have been in the company for five years or more.
B) require the company to become unionized.
C) begin with new hires only.
D) apply to both new and existing employees.

Question 32

The employment at will doctrine:

A) forbids what reasonable people might consider capricious or unfair treatment of employees.
B) prohibits an employee to terminate the employment relationship at any time without any valid reason.
C) has been strengthened in recent times by court rulings that support employees' expectations of fair dealings.
D) would allow a company to fire one employee for a transgression and retain another employee who engaged in similar behavior.

Question 33

An employee of BlueWing Products Inc.has violated a work rule.In administering organizational discipline,which of the following steps taken by BlueWing Products can be considered as an advance warning?

A) Taking corrective action as soon as the misconduct is observed
B) Reminding the employee of past infractions when applying discipline
C) Advising the employee of the infraction
D) Making note of rules infractions in the employee's record

Question 34

Generally while administering organizational discipline,the key guidelines to be followed and adhered to are:

A) employment at will, due process, and progressive discipline.
B) arbitration, grievance, and corrective action.
C) mediation, class-action suit, and written warning.
D) immediacy, advance warning, and consistency.

Question 35

The Age Discrimination in Employment Act involves persons over ____ years of age.

A) 16
B) 21
C) 40
D) 35

Question 36

The organizational disciplinary process includes all of the following steps EXCEPT:

A) negotiating employer-employee agreement on proper behavior.
B) communicating performance requirements and work rules to employees.
C) applying corrective action when required.
D) establishing performance requirements and work rules.

Question 37

In case of any violation in an organization,before an employee is disciplined or punished,it is prudent for management to:

A) keep adequate records including past transgressions of the employee.
B) avoid union representation, if possible.
C) take appropriate corrective action.
D) allow the employee to appeal to the Equal Employment Opportunity Commission.

Question 38

According to the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as amended in 1978 employees have the right to ____ any disciplinary action they consider discriminatory.

A) overturn
B) circumvent
C) appeal
D) ignore

Question 39

Currently,organizational discipline in a situation where an employee has violated an organizational rule is most closely related to:

A) reducing diversity within an organization.
B) firing employees who are average performers.
C) providing incentives to employees based on their merits.
D) applying corrective action.

Question 40

The traditional concept concerning employer or employees' free decisions on termination in nonunionized organizations is termed as:

A) collective bargaining.
B) crowdsourcing.
C) employment discrimination.
D) employment at will.

Question 41

Nathan feels that he was terminated from employment with no good reason at all.However,his employer disagrees.Both the parties have decided to solve this dispute through arbitration.Which of the following is true in this scenario?

A) Both Nathan and his previous employer need to agree in advance to abide by an arbitrator's decision.
B) Only Nathan will have to pay the arbitrator for his or her services.
C) If the dispute is not solved through arbitration, Nathan can take the case to the human resource department.
D) The arbitrator does not have to work within the framework that both the parties have negotiated in their collective bargaining agreement.

Question 42

Explain the process of grievance arbitration.

Question 43

The greatest criticism of grievance procedures that undergo the full process is the:

A) lack of enforceability of a final decision.
B) lack of internal stages of appeal.
C) amount of time required for resolving an issue.
D) involvement of a union at all stages.

Question 44

Generally,in unionized organizations the grievance process is initiated by a(n):

A) union representative.
B) employee.
C) employer representative.
D) third party arbitrator.

Question 45

Describe grievance procedures.

Question 46

Impartiality in grievance arbitration is reflected in:

A) the even sharing of an arbitrator's fee by the involved company and the union.
B) an arbitrator's right to work outside the framework that the involved parties have negotiated in their collective bargaining agreement.
C) the effort made by courts to ensure that an arbitrator has never ruled on a similar case.
D) an arbitrator's power to subpoena witnesses or records.

Question 47

Describe the duty of fair representation.

Question 48

Describe employment at will.

Question 49

An employee's right to be dealt with fairly and justly during the investigation of an alleged offense and the administration of any subsequent disciplinary action is called:

A) just cause.
B) employment at will.
C) duty of fair representation.
D) due process.

Question 50

What are the steps in an organizational disciplinary process?

Question 51

In the context of the duty of fair representation,which of the following statements is true?

A) Unions are not allowed to represent nonunion members.
B) An individual employee cannot present a grievance to the employer without the aid of a union.
C) An employee cannot recover damages from a union even if the union has breached its duty of fair representation.
D) If a union decides in good faith and in a nonarbitrary manner that a grievance is not meritorious, a breach of fair representation does not exist.

Question 52

What are the causes of disciplinary actions? Give some examples.

Question 53

Which of the following is the most advanced step in the progression toward resolving a dispute or a grievance through a union grievance procedure?

A) Involvement of higher management and human resource department
B) Involvement by supervisor's direct manager
C) Arbitration
D) Discharge

Question 54

Which of the following is true in the context of grievance arbitration?

A) Arbitration requires the parties involved to submit their unresolved disputes to a privately selected neutral third party.
B) Arbitration is seldom seen as a quid pro quo in exchange for a union's agreement not to strike.
C) Arbitrators have the legal power to subpoena witnesses or records.
D) Arbitrators are required to conform to legal rules of hearing procedures.

Question 55

Justin is not a member of any union at his workplace.He had filed a grievance against the management.The union steward helped him throughout the case until he settled the matter in the bargaining unit.Such an act shows adherence to:

A) progressive discipline.
B) duty of fair representation.
C) just cause.
D) due process.

Question 56

Explain what is meant by progressive discipline.

Question 57

Explain what is meant by due process.

Question 58

____ requires that management initially bear the burden of proof of wrongdoing in discipline cases and that the severity of the punishment must coincide with the seriousness of an offense.

A) Just cause
B) Due process
C) Class action
D) Duty of fair representation

Question 59

Explain what is meant by just cause.

Question 60

How have the National Labor Relations Board (NLRB)v.Weingarten and Baton Rouge Water Works decisions affected union representation during disciplinary interviews?