Deck 11: Grievance and Disciplinary Procedures

Question 1

The due process of the grievance and arbitration procedure is important to the union because it balances management's "upper hand" in settling disputes. This balance is mostly achieved by the inclusion in the procedures of the:

A) Shop steward.
B) Department head.
C) Union grievance committee.
D) Independent arbitrator.

Answer 1

D

Question 2

A labor agreement would most likely require that a grievance form be completed:

A) Within an hour of the occurrence.
B) Within a week of the occurrence.
C) Within two weeks of the occurrence.
D) At the discretion of the employee.

Answer 2

B

Question 3

Which of the following employee discipline infractions would most likely result in a termination that would not be challenged by a union?

A) Stopping work before a specified time.
B) Loafing during working hours.
C) Intentional insubordination.
D) Mishandling of equipment.

Answer 3

C

Question 4

The following is one of the crucial facts contained in a grievance:

A) What happened?
B) Where did it happen?
C) When did the event take place?
D) Why did it occur?

Question 5

Most collective bargaining agreements provide for a system of disciplinary procedures for all the following reasons except:

A) Employers use a discipline system to maintain control over the workforce.
B) A discipline system reduces the ability of managers to treat employees in a biased manner.
C) Employees want to know what to expect from work rule violations.
D) A discipline system will provide a different penalty for each different rule infraction.

Question 6

Before taking disciplinary action, a supervisor should do which of the following?

A) Consider an employee's past record.
B) Not discuss with the employee why the infraction occurred.
C) Not get others involved as rumors will begin.
D) Not give a penalty if they are honest about the situation.

Question 7

A grievance moves from the informal to the formal stage when:

A) The employee contacts the shop steward.
B) The shop steward contacts the supervisor.
C) The grievance is reduced to writing.
D) The union grievance committee meets to discuss the grievance.

Question 8

Which of the following employee discipline infractions would most likely result in only an oral or written warning?

A) Failure to keep his/her time card accurately.
B) Use of narcotics on company premises.
C) Theft of company property.
D) Disclosing confidential information.

Question 9

Before grievance and arbitration procedures became popular, employee and union complaints were usually by:

A) Court action.
B) Strikes, slow-downs, etc.
C) Management's "open-door" policy.
D) Labor-management committees.

Question 10

The major difference between common union and nonunion grievance procedures is:

A) Successive steps in union procedures.
B) Binding arbitration.
C) Union procedures are written.
D) Supervisor and employee discussion of the grievance.

Question 11

Why might unions encourage members to file grievances in a certain area even though they do not expect to win or pursue the cases?

A) They need practice in the grievance procedure.
B) The grievances provide supporting evidence of the members' concerns during future negotiations.
C) It helps keep management on its toes.
D) Arbitrators are impressed by the number of grievances in an area.

Question 12

When counseling an employee who requires discipline, which of the following should the supervisor not discuss?

A) The exact problem that occurred.
B) How the problem could be corrected.
C) The discipline action to be taken.
D) Other employees' similar problems.

Question 13

The following is a function of a grievance procedure:

A) Conflict management resolution.
B) Agreement clarification.
C) Due process.
D) Arbitration.

Question 14

The Labor Management Relations Act prohibits disciplinary action against employees for:

A) Union-related activity.
B) Absenteeism
C) Tardiness.
D) Insubordination.

Question 15

Approximately what percentage of all collective bargaining agreements provide for binding arbitration as the final step in the grievance process?

A) 50%
B) 75%
C) 85%
D) 95%

Question 16

Which of the following questions would not help a steward investigate a grievance?

A) What happened and when?
B) Who was involved?
C) Where did it happen?
D) What can the union gain from the grievance?

Question 17

The first person contacted when the employee has a grievance is usually the:

A) Shop steward.
B) Foreman.
C) Union's labor attorney.
D) Department head.

Question 18

An) ____ is often defined as any perceived violation of a contract provision.

A) Gripe
B) Grievance
C) Arbitration
D) Due process

Question 19

Which of the following is generally true of a contract's grievance procedure?

A) It provides that each grievance follow a different series of steps.
B) It limits grievances to those that both labor and management agree to discuss.
C) It seldom includes more than three steps.
D) It usually includes a systematic set of appeals through higher levels of union and management representatives.

Question 20

Why a grievance is filed may be as important as its content. Which of the following is not a common reason for filing of grievances?

A) Union members and leaders demonstrate their authority and influence.
B) An employee simply needs to "let off steam."
C) The union believes some employees have been given additional pay.
D) Union leaders must represent a member's grievance even though they know it lacks merit.

Question 21

Only ____% of nonmanufacturing contracts include intoxication as a reason for immediate discharge.

A) 14
B) 20
C) 15
D) 33

Question 22

Grievance mediation has proven very successful between the Communication Workers of America and the Bell South Company.

Question 23

_____% of all manufacturing contracts include "violation of leave provision" as a reason for immediate dismissal.

A) 20
B) 34
C) 15
D) 61

Question 24

_____% of all nonmanufacturing contracts include "failure to obey safety rules" as a reason for immediate dismissal.

A) 20
B) 34
C) 15
D) 61

Question 25

Which of the following is one of the best ways to ensure fair grievance procedures?

A) Act timely.
B) Investigate.
C) Ascertain motive.
D) File a grievance

Question 26

The employee has the legal right to take a grievance directly to the supervisor.

Question 27

_____% of all nonmanufacturing contracts include insubordination as a reason for immediate dismissal.

A) 20
B) 34
C) 15
D) 61

Question 28

_____ can be viewed as a supplement for the contractual grievance resolution process.

A) Grievance mediation
B) Investigation
C) Acting timely
D) Accreditation

Question 29

_____% of all manufacturing contracts include "unauthorized strike participation" as a reason for immediate dismissal.

A) 20
B) 34
C) 15
D) 47

Question 30

Some genuine disagreements over the interpretation of a contract clause that lead to grievances occur due to a change of conditions since the contract was signed.

Question 31

One guideline for grievance mediation is:

A) Grievant is entitled to attend the mediation.
B) Act timely.
C) Investigate.
D) Respond.

Question 32

_____% of all manufacturing contracts include "violation of company rules" as a reason for immediate dismissal.

A) 20
B) 22
C) 15
D) 61

Question 33

____% of all manufacturing contracts include tardiness as a reason for immediate discharge.

A) 13
B) 11
C) 15
D) 7

Question 34

A grievance procedure is only necessary when the contract contains vague clauses.

Question 35

An example of a constitutionally protected right is:

A) Privilege against self-incrimination.
B) Freedom of self-incrimination.
C) Freedom of impressions.
D) Agency rights.

Question 36

_____% of all nonmanufacturing contracts include "incompetence" as a reason for immediate dismissal.

A) 20
B) 34
C) 15
D) 61

Question 37

Which of the following is a disciplinary procedure?

A) Conflict management resolution
B) Agreement clarification
C) Due process
D) Explain company rules

Question 38

_____% of all nonmanufacturing contracts include "misconduct" as a reason for immediate dismissal.

A) 20
B) 34
C) 11
D) 61

Question 39

In the day-to-day administration of a collective bargaining agreement, the majority of time is spent on grievance handling, not contract negotiations.

Question 40

_____% of all nonmanufacturing contracts include theft as a reason for immediate dismissal.
a. 20
b. 34
c. 15
d. 61

Question 41

When the shop steward and supervisor cannot resolve the grievance, then it may be appealed to the Supreme Court.

Question 42

Many union-organizing campaigns started from employees' perceptions of unfair disciplinary practices.

Question 43

Gambling on company premises would normally result in an oral warning given to the employee.

Question 44

A good rule for remembering the crucial facts in a grievance is the "5Ws rule."

Question 45

The written grievance is delivered to the supervisor, and a meeting of the three parties is held.

Question 46

The initial step in a grievance procedure usually instructs the employer to dismiss the claim.

Question 47

A grievance is often defined as any perceived notion of a contract provision.

Question 48

Grievance handling helps unions develop support among members during the life of the agreement.

Question 49

Both sides try to settle a grievance before arbitration because they realize either side may totally lose if the case is taken to an arbitrator.

Question 50

Employees' past work record and seniority should not be considered in discipline cases; all infractions should be treated alike.

Question 51

If steward and employee agree that the grievance has some merit and should be pursued, then the grievance is reduced to writing.

Question 52

The purpose of reducing a grievance to writing is to force the grievant to set out the facts of the occurrence and the contract provision.

Question 53

Most grievances are settled in the last step of the grievance procedure before arbitration.

Question 54

Willful destruction of substantial company property would likely result in an uncontested termination.

Question 55

One of the most common sources of grievances is the union's honest belief that management has violated a provision of the existing contract.

Question 56

Formal grievance procedures have been found to be the most common tool to resolve conflicts arising between labor and management during the life of the agreement.

Question 57

The grievance process provides union employees with the same opportunity to express their problems as nonunion employees.

Question 58

Sometimes employees and union officials file grievances to demonstrate their authority and influence.

Question 59

According to the Harvard Business Review only about 14% of nonunion companies have a grievance procedure.

Question 60

Contract negotiations have one primary goal: to sign a contract.

Question 61

A primary objective of a grievance process is to provide employees with a fair review and, if necessary, an appeal of disciplinary actions taken by management.

Question 62

An oral warning is not a disciplinary action.

Question 63

Approximately 98% of all collective bargaining agreements provide for a binding arbitration as the final step in the handling of grievances.

Question 64

Only serious offenses are viewed as employee misconduct.

Question 65

Total satisfactory employee attendance, conduct, and productivity can be achieved without disciplinary procedures.