Term
| allows employer or employee to terminate employeement at any time for any reason or for no reason at all?? |
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Definition
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Term
| allows employees to bring appeals to successively higher levels of management; appeal disciplinary action taken against them to managers superior? |
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Definition
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Term
| type of dispute resolution for employees of nonunionized organizations?? |
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Definition
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Term
| 2 significant issues of Employee Arbitration? |
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Definition
1. who will administer the program?
2. will program be emposed on new hires or current employees? |
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Term
| 2 types of conduct that lead to discharge? |
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Definition
poor job performance/ behavior that negatively affects job performance
actions that make poor citizenship |
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Term
examples of behavior tht leads to poor job performance?
that leads to poor citizenship?? |
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Definition
performance- absenteeism, insubordinance, negligence
citizenship = fighting on the job, theft of company property |
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Term
| 3 steps of administering discipline? |
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Definition
1. est performance requirements and work rules
2. communicate requirements and rules to employees
3. application of discipline when necessary |
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Term
| What was the point of NLRB vs Weingarten? |
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Definition
| supreme court held that employee has the right to refuse to submit to disciplinary interview without union representation |
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Term
| 3 essentials of disciplinary action? |
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Definition
immediacy
advance warning
consistency |
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Term
| length of time between the misconudct and advance disciplinary warning? |
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Definition
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Term
| noting a rule infraction in employers records does/does not count as advance warning?? |
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Definition
| does not- the employee must be notified |
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Term
Sequence of progressive Discipline??
4 stages? |
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Definition
oral warning
written warning
suspension
discharge |
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Term
| What did the civil rights act prevent discrimmination on the basis of? |
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Definition
race
color
reglion
national origin
sex |
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Term
| prevents discrim of ppl over 40 years old? |
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Definition
| Age Discrim in Employement Act |
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Term
| requires management to initially bear the burden of proof of wrongdoing in discipline cases? |
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Definition
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Term
| according to Just Cause, the severity of punishment needs to relate to...?? |
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Definition
| seriousness of the offense |
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Term
| 3 general guidelines for determining Just Cause?? |
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Definition
past performance of employee
previous disciplinary actions in similiar situations
unusual circumstances surrounding the offense |
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Term
• Right of employee to be dealt with fairly and justly during investigation of alleged offense and administration of subsequent disciplinary action.
?? |
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Definition
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Term
| three things that Due Process typically guarantees? |
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Definition
• Employee receives notification and explanation of allegations.
• Impartial investigation held prior to discipline.
• Employee can present his/her version of incident |
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Term
| 2 things a breach in due process can result in? |
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Definition
A modification, or
Complete reversal of a disciplinary action |
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Term
| 4 ways to ensure employees receieve due Process? |
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Definition
• All contract terms should be followed.
• Ample warning should be given prior to discipline.
• Explicit statements should be made to employee about possible disciplinary action if employee’s actions do not change.
• Full and fair investigation should be conducted immediately after offense. |
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Term
| what created the Union's Duty of Fair Representation & what does it say?? |
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Definition
• Statutory duty of a union to fairly represent all employees in the bargaining unit, whether or not they are union members. (National Labor Relations Act) |
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Term
Supreme Court ruled that a union is not obligated to take all grievances to arbitration but has authority to decide whether or not grievance has merit. If such a decision is made fairly and non-arbitrarily, union has not breached its duty of fair representation.
What Case is this?? |
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Definition
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Term
| What is the Taft Hartley exeception to the Vaca Spies ruling by the supreme court? |
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Definition
• Individual employee may present a grievance to employer without aid of union.
• Any resulting adjustments must be consistent with contract terms and must be conveyed to union.
• Employer is under no obligation to consider such grievances. |
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Term
| What was the Supreme Courts ruling in the Bowen v. US Postal Service case? |
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Definition
• Supreme Court ruled that an employee may be entitled to recover damages from both union and employer in cases where: 1) Employer has violated labor agreement and/or 2) Union has breached its duty of fair representation |
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Term
| attempts to settle unresolved disputes involving interpretation or application of contract terms?? |
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Definition
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Term
| In the U.S. what does Arbitration involve?? |
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Definition
| two parties agreeing to volunarily submit their problem to a neutral 3rd party (arbitrator) to be solved |
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Term
Arbitrator, functioning in a ______ role, must work within framework that parties have negotiated in collective bargaining agreement
? |
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Definition
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Term
| what are two characteristics of Arbitrators? |
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Definition
• Have no legal power to subpoena witnesses or records.
• Not required to conform to legal rules of hearing procedures, except giving all parties opportunity to present evidence. |
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Term
| A _____ is considered to be quid pro quo for unions having a no strike clause ?? |
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Definition
| arbitration clause in labor contracts |
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Term
| Two types of terms Arbitrators may serve?? |
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Definition
• Temporary (ad hoc) basis – Parties select an arbitrator to hear a single case.
• Permanent basis: Settle all grievance disputes arising between parties for a period of time. |
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Term
| How are arbitrators normally paid?? |
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Definition
| on a 50-50 basis by the company and union |
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Term
| What was the decision in the Enterprise Wheel Case? |
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Definition
| Supreme Court ruled that if arbitrator’s decision involves interpretation of a contract, courts should not overrule arbitrator simply because their interpretation of contract was different from that of arbitrator. |
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