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Chap12 - BUS353-01 Chapter 12 Employee Discipline I...

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BUS353-01 Chapter 12 Employee Discipline I. Discipline A. Purpose 1. Correct employee behavior 2. Not punishment B. Arbitrator Role 1. discharge / discipline most frequent girievance 2. arbitrator broad powers a. determine what constitutes ‘‘just cause’’ for discipline b. establish reasonable ‘‘standards of proof and evidence’’ c. review and revise when warranted a disciplinary penalty imposed by management 3. arbitrators do not determine whether other federal laws have been violated C. Employee-at-Will Doctrine 1. More than 85% of U.S. workforce are “employment-at-will” 2. Characteristics of Doctrine a. employee and employer are free to sever employment relationship at any time for any reason b. applies to all employees even if not covered by a union contract c. can be successfully challenged by employees in most states d. limited in most states by certain exceptions 3. exceptions a. public policy exception discharge inconsistent with well established public policy b. implied contract exception oral or written representations have been made to employees about job security c. covenant of good faith and fair dealing disciplinary decisions subject to “just cause” standard II. Significance of Discipline A. Management Implications 1. first line supervisors are mgt level most frequently involved in disciplinary issues 2. arbitrators have power to overturn mgt disciplinary action including reinstatement of discharged employee
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3. mgt authority can be compromised when a discharge decision is overturned and the employee returns to workplace 4. majority of reinstated employees perform at below average level after returning to workplace III. Principles of Discipline A. Just Cause Standard 1. clear and convincing evidence that an offense has been
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