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© 2008 by Prentice Hall13-1 Progressive Disciplinary Action Ensure minimum penalty appropriate to offense is imposed Model developed in response to National Labor Relations Act (NLRA) of 1935 Involves answering series of questions about severity of offense
© 2008 by Prentice Hall13-2 The Progressive Disciplinary Approach Improper Behavior Does this violation warrant disciplinary actions? Does this violation warrant more than an oral warning? Does this violation warrant more than a written warning? Does this violation warrant more than a suspension? Termination Yes No Disciplinary Action Oral Warning Written Warning Suspension No
© 2008 by Prentice Hall13-3 Suggested Guidelines for Disciplinary Action Offenses Requiring First, an Oral Warning; Second, a Written Warning; and Third, Termination Negligence in the performance of duties Unauthorized absence from job Inefficiency in the performance of job Offenses Requiring a Written Warning; and Then Termination Sleeping on the job Failure to report to work one of two days in a row without notification Negligent use of property Offenses Requiring Immediate Termination Theft Fighting on the job Falsifying time cards Failure to report to work three days in a row without notification
© 2008 by Prentice Hall13-4 Disciplinary Action without Punishment Process of giving worker time off with pay to think about whether he or she wants to follow the rules and continue working for company Employee violates rule, manager issues oral reminder Repetition brings written reminder Third violation: Worker takes 1, 2 or 3 days off (with pay) to think about situation Important all rules explicitly stated in writing
© 2008 by Prentice Hall13-5 Problems in Administration of Disciplinary Action Lack of training Fear The only one Guilt Loss of friendship Time loss Loss of temper Rationalization
© 2008 by Prentice Hall13-6 Disciplinary Action Advice Managers often avoid disciplinary action, even when it is in company’s best interest Some managers believe that even attempting to terminate women and minorities is useless Proper time and place to administer disciplinary action Many supervisors may be too lenient early in disciplinary action process and too strict later
© 2008 by Prentice Hall13-7 Grievance Handling Under Collective Bargaining Agreement Grievance - Employee’s dissatisfaction or feeling of personal injustice relating to employment Grievance procedure - Formal, systematic process that permits employees to express complaints without jeopardizing their jobs
© 2008 by Prentice Hall13-8 Grievance Procedure Assists management in seeking out underlying causes of and solutions to grievances Virtually all labor agreements include some form of grievance procedure Normally well defined Usually restricted to violations of terms and conditions of agreement
© 2008 by Prentice Hall13-9 General Principles for Effective Grievance Administration Grievances should be adjusted promptly. Procedures and forms used for airing grievances must be easy to utilize and well understood by employees and their supervisors. Direct and timely avenues of appeal from rulings of line supervision must exist
© 2008 by Prentice Hall13-10 A Multiple-Step Grievance Procedure Arbitrator International Representative, Local President, etc. President, Vice President for Labor Relations, etc. Plant Manager, Personnel Manager, etc. First-Line Supervisor Grievance Committee, Business Agent, etc. Union Steward Aggrieved Employee To Impartial Third Party Grievance in Writing Oral Presentation
© 2008 by Prentice Hall13-11 Arbitration Parties submit dispute to impartial third party for binding resolution Final step in most grievance procedures Union and company select arbitrator Courts will generally enforce arbitrator’s decision
© 2008 by Prentice Hall13-12 Factors Arbitrator May Use to Evaluate Fairness of Managements Actions Nature of offense Due process and procedural correctness Double jeopardy Past record of grievant Length of service with company Knowledge of rules Warnings Lax enforcement of rules Discriminatory treatment
© 2008 by Prentice Hall13-13 Formats of Written Warnings Statement of facts concerning offense Identification of rule that was violated Statement of what resulted or could have resulted because of violation Identification of any previous similar violations by same individual Statement of possible future consequences should violation occur again Signature and date
© 2008 by Prentice Hall13-14 Example of a Written Warning Date: August 1, 2007 To: Judy Bandy From: Wayne Sanders Subject: Written Warning We are quite concerned because today you were thirty minutes late to work and offered no justification for this. According to our records, a similar offense occurred on July 25, 2007. At that time, you were informed that failure to report to work on time is unacceptable. I am, therefore, notifying you in writing that you must report to work on time. Please sign this form to indicate that you have read and understand this warning. Signing is not an indication of agreement. Name Date
© 2008 by Prentice Hall13-15 Grievance Handling in Union-free Organizations Most large and medium sized nonunion firms have established formal grievance procedures Means of resolving complaints varies
© 2008 by Prentice Hall13-16 Trends & Innovations: Alternative Dispute Resolution Procedure where employee and company agree problems will be addressed by agreed upon means ahead of time Arbitration, mediation, mini-trials, and ombudspersons used Uses range from racial, gender, and age discrimination to unfair firings
© 2008 by Prentice Hall13-17 Trends & Innovations: Alternative Dispute Resolution (Cont.) Presidential EO requires federal agencies to (1) promote greater use of mediation, arbitration, early neutral evaluation, agency ombudspersons, and other alternative dispute resolution techniques, and (2) promote greater use of negotiated rulemaking Circuit City v Adams - Greatly enhanced employer’s ability to enforce compulsory alternative dispute resolution agreements
© 2008 by Prentice Hall13-18 Ombudspersons Complaint officer with access to top management hears employee complaints, investigates, and recommends appropriate action Impartial, neutral counselors give employees confidential advice about problems ranging from abusive managers to allegations of illegal corporate activity Typically independent of line management and reports near or at top of organization
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