Exam 12: Employee Discipline

The burden of proof for disciplinary action rests with management in:

Which of the following statements about the managerial implications of discipline is false?

Arbitrators regard the term "subject to dismissal" as implying that management can implement disciplinary penalties other than discharge.

In 41 states,an employee may not legally be discharged if oral or written representations have been made to employees about job security. This is known as the _______________ to the employment-at-will doctrine.

The passage of the Wagner Act of 1935 and the creation of the NLRB provided the first legal means for holding employers accountable for at least some of their disciplinary decisions and actions.

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

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

The presence of "mitigating circumstances" usually makes it more likely that the disciplinary actions of management will be upheld,particularly discharge decisions.

The most common mitigating circumstance is probably the employee's:

When the company decides that discharge is the appropriate disciplinary action,the affected employee is issued a last chance agreement that informs them that they are being discharged.

Which of the following would NOT lead an arbitrator to consider reducing management's assigned penalty?

Arbitrators regard discharge as a last resort to be used only when all other corrective attempts have failed.

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.

Under the implied contract exception to the employment-at-will doctrine,an employee is wrongfully discharged if and when the discharge is inconsistent with an explicit,well-established public policy of the state.

In most states,an employer cannot legally discharge an employee because the employee refused to follow a management directive that would require the employee to violate the law.

A "reasonable" rule:

Management would generally prefer that an arbitrator rely on a "preponderance of evidence" instead of "beyond a reasonable doubt" since it is frequently difficult for management to meet this more stringent standard for evidence of employee misconduct.

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

Which of the following is NOT true about work rules?

Discipline refers not only to actions taken against employees but also to a set of methods or actions that are intended to result in workers who are self-regulating and willing to follow management directives.