McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Disciplinary Process Discipline Actions taken by supervisors to enforce an organization’s standards and regulations.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Disciplinary Process Verbal Warning The mildest form of discipline. It is a temporary record of a reprimand which is placed in the supervisor’s file.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Disciplinary Process Written Warning The first formal stage of the disciplinary procedure; the warning becomes part of an employee’s official personnel file.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Disciplinary Process Dismissal Termination of ones employment.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Positive Discipline A technique that attempts to reinforce the good work behaviors of an employee, while simultaneously emphasizing to the employee the problems created by undesirable performance.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Types of Discipline Problems * Attendance * On-The-Job Behaviors * Dishonesty * Outside Activities

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Is Discipline Always Needed? If an employee doesn’t have the ability, that is, he or she can’t perform, disciplinary action is not the answer. What is?

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Basic Tenets of Discipline * Do your homework * Provide ample warning * Act in a timely manner * Conduct discipline in private * Be calm and serious

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Basic Tenets of Discipline * Be specific about the problem * Keep it impersonal * Get the employee’s side * Keep control of the discussion * Agree on how mistakes can be prevented next time.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Basic Tenets of Discipline * Select progressive disciplinary action and consider mitigating circumstances. * Fully document the disciplinary session.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Progressive Discipline Action that begins with a verbal warning, and then proceeds through written reprimands, suspension, and finally, in the most serious cases, dismissal.

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Hot Stove Rule A set of principles that can guide an individual in effectively disciplining an employee by demonstrating the analogy between touching a hot stove and administering discipline. Painful - Immediate - Impartial Consistent

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Disciplinary Factors * Seriousness of the problem * Duration of the problem * Frequency and nature of the problem. * Employee’s work history * Extenuating circumstances

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Disciplinary Factors * Degree of warning * History of the organization’s disciplinary practices. * Implications for other employees. * Upper management support

McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved. Discipline and the Law * Employment-At-Will * Wrongful Discharge * Due Process * Union Contracts

Supervisión y controlM. En C. Eduardo Bustos Farías17 Employment at Will and Employment Arbitration Employment-at-will –When an employer hires employees to work for an indefinite period of time and the employees do not have a contract limiting the circumstances under which they can be discharged, the employer can terminate the employees at any time. Employment arbitration –The Supreme Court held that employers may require employees to agree to resolve any such employment related disputes through final and binding arbitration.

Supervisión y controlM. En C. Eduardo Bustos Farías18 A Positive Approach to Discipline A.The basic of discipline is to let the employees know what is expected of them and what the consequences of infractions will be B.Formal discipline procedures usually begin with an oral warning and progress through a written warning, suspension, and discharge C.Discipline should be aimed at correction rather than punishment

Supervisión y controlM. En C. Eduardo Bustos Farías19 Maintaining Good Discipline 1.The supervisor has the responsibility of informing employees of the organization’s rules, regulations, and standards 2.Whenever possible, counseling should precede the use of disciplinary reprimands or stricter penalties 3.The supervisor should always follow the rules that the employees are expected to follow and be fair to all employees

Supervisión y controlM. En C. Eduardo Bustos Farías20 Applying the Discipline Procedure I.To avoid having a discipline decision rescinded by a higher level of management, it is important that supervisors adhere to the following guidelines: A.Guidelines for Effective Discipline 1. Supervisors should become familiar with the law, union contract, and past practices of the organization 2. It is very important to maintain written records 3. An investigation should take place before discipline is administered 4. The union should be kept informed on matters of discipline

Supervisión y controlM. En C. Eduardo Bustos Farías21 Applying the Discipline Procedure B.Administering formal discipline 1. A supervisor is expected to use progressive, corrective discipline 2. It should be administered as soon as possible 3. It should be proceeded by advance warning 4. It should be consistent 5. It should be impartial. People should be disciplined for what they have done, not who they are 6. It should ordinarily be administered in private 7. The employee should be warned of the result of repeated violations

Supervisión y controlM. En C. Eduardo Bustos Farías22 Minimizing Grievances A grievance is a formal dispute between management and an employee or employees over some condition of employment The grievance procedure usually begins with an informal complaint Formal grievances start with the employee, supervisor, and possibly a union steward and move progressively through higher levels of management and union hierarchy. Arbitration is the final step The most frequently grieved problems are disciplinary actions, promotions and layoffs, and distribution of work Settling a grievance before it reaches the formal stage saves money, develops the employee’s confidence in the organization, develops management’s confidence in the supervisor, and reduces disruption and damage to morale Very unusual cases or those that affect many employees are best referred to higher levels of management The supervisor should never disrupt the grievance procedure

Supervisión y controlM. En C. Eduardo Bustos Farías23 Recommendation for Pregrievance Settlement A.By effectively dealing with complaints, supervisors can reduce the number that turn into formal grievances B.Supervisors need to know organizational policies and/or the union contract C.The supervisor should treat the union steward as an equal when handling complaints and other union business D.A supervisor who sees a problem should not wait for the employee to complain E.The supervisor should try to understand the employee’s point of view F.The supervisor should investigate complaints that are expressed in non-verbal ways, such as excessive absences, high turn over, and low quality work

Supervisión y controlM. En C. Eduardo Bustos Farías24 Handling the First Step of the Grievance Process A.The grievant and the union steward present the grievance to the supervisor B.The grievant should be taken seriously and be given time to state the problem C.The supervisor must maintain accurate records of all meetings with the grievant D.The supervisor must weigh the facts and consider the cost and side effects of alternative actions E.The grievant and union steward should be informed of the solution and the reasons behind it F.The supervisor should follow up with frequent checks on the implementation of the solution

Supervisión y controlM. En C. Eduardo Bustos Farías25 Handling Later Steps in the Grievance Process If the grievant does not agree with the supervisor’s decision, the grievance is processed through later steps.