Exam 12: Employee Discipline

The legislation which helped shape management's disciplinary policies and created the National Labor Relations Board (NLRB)for enforcement purposes was the:

Which of the following statements is NOT true about the evolution of employee discipline?

In most states,an employer cannot legally discharge an employee if the discharge is inconsistent with an explicit,well- established public policy of the state.

The exception to the employment-at-will doctrine which occurs when an employer and employee form an implied contract,even though there is no express,written instrument regarding the employment relationship is called the:

Evidence obtained through "search and seizure" techniques (e.g. ,looking inside the employee's locker)without the employee's knowledge:

The National Unfair Dismissal Statute would provide protection against unfair dismissal to those nonunionized employees who have worked for an employer (15 or more employees)for a period of at least two years.

Which of the following is NOT an example where an arbitrator might reverse or modify an employer's disciplinary action because of a violation of the "just cause standard"?

Which of the following is NOT true about work rules?

The level of proof which arbitrators use wherein testimony and evidence must be adequate to overcome opposing presumptions and evidence is called:

The Supreme Court has stated that union representation in discipline cases is only necessary after the company has made its disciplinary decision.

The definition of just cause is well defined in nearly all collective bargaining agreements and may be decided by representatives of the union and management.

Which of the following is NOT one of the broad powers exercised by arbitrators in discipline cases?

One advantage of the "price list" is that it takes a statute of limitations on prior disciplinary offenses into account.

The type of behavior,a form of insubordination,which occurs when an employee directs profanity,epithets,or verbal abuse toward a supervisor is called

A disadvantage of the "price list" contractual provision pertaining to discipline is that:

In discipline and discharge cases,management's burden of proof to establish that the employee committed an infraction of a company's rule is an overriding consideration.

The most often used level of proof by arbitrators is preponderance of evidence,wherein testimony and evidence must be adequate to overcome opposing presumptions and evidence.

A grievant receiving notice that another similar incident of misconduct will be "subject to dismissal":

Arbitrators give the most consideration to the employee's:

Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge,such as written warnings or suspensions.