Question 1

Employee discipline is a topic only relevant in unionized firms since non-unionized employees aren't afforded any protections against wrongful disciplinary actions.

Accepted Answer

A) True 
 B)False

Question 2

It is estimated that employers incur tremendous indirect costs (e.g.,costs of poorly performing employees,costs of overly complex hiring processes,unnecessary granting of severance pay)because they routinely overestimate the costs of fighting wrongful discharge suits.

Accepted Answer

A) True 
 B)False

Question 3

Violation of an employee's Weingarten rights means:

Accepted Answer

A)  The employee may be found guilty of charges by some other means (e.g., by testimony from another employee). 
B)  The employee was denied representation in a proceeding that might result in disciplinary action. 
C)  The employee is not guilty if the termination is based on evidence obtained in an illegal interview. 
D)  None of these 
E)  All of these

Question 4

Rules prohibiting "horseplay" or "gambling" are usually:

Accepted Answer

A)  more vague than management intended, even though it seems clear what is meant by these terms. 
B)  regarded by most arbitrators as trivial concerns. 
C)  almost always regarded by arbitrators as being clear and to the point and therefore subject to little interpretation. 
D)  always upheld by arbitrators when discipline occurs for their infraction. 
E)  all of these

Question 5

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"?

Accepted Answer

A)  The employer fails to conduct a full and fair investigation of the employee's alleged misconduct. 
B)  The employer's rules were not clearly communicated to the employee, and the employee did not fully understand what was expected. 
C)  There are mitigating circumstances, such as the employee's long and distinguished service. 
D)  The employer acts in a consistent and even-handed manner by dispensing a disciplinary penalty that is identical to those used with other employees in similar circumstances. 
E)  There is improper administration of the employer's rules and requirements.

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

In order for an arbitrator to find that discipline was for "just cause," it is necessary to find clear and convincing evidence that a disciplinary offense was committed.

Accepted Answer

A) True 
 B)False

Question 9

The "employment at will" concept:

Accepted Answer

A)  has been successfully challenged by the employee in most states. 
B)  means that an employee and employer are each free to sever their employment relationship at any time for any reason. 
C)  applies to employees, even if they are not covered by a union contract. 
D)  is limited in most all states by certain exceptions. 
E)  all of these

Question 10

Under due process element of double jeopardy,the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.

Accepted Answer

A) True 
 B)False

Question 11

Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a "below average" capacity following reinstatement.

Accepted Answer

A) True 
 B)False

Question 12

A manager terminates an employee because of a personal grudge against the employee.This discharge could be contested in 12 states at least under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

Accepted Answer

A) True 
 B)False

Question 13

Restrictions cannot be placed on supervisors to protect employee rights without adversely affecting supervisors' beliefs in the effectiveness of the disciplinary system.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A)  union officials do not accept its contents. 
B)  its inflexible nature makes it difficult to consider the unique circumstances of each disciplinary case. 
C)  employees are uncertain over the consequences associated with a rule infraction. 
D)  mitigating circumstances in a particular situation are easily taken into account. 
E)  standardized penalties suggest that consistent disciplinary action is implemented.

Question 15

Suspensions:

Accepted Answer

A)  typically average three months in length according to one study. 
B)  must always be given before discharge. 
C)  are less serious than "oral warnings" because they do not become a permanent part of the employee's work record. 
D)  are disciplinary lay-offs without pay. 
E)  typically are the step after discharge.

Question 16

Arbitrators often reduce suspensions given to employees,even if other employees have received similar suspensions under identical circumstances

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is correct about employees who are union stewards?

Accepted Answer

A)  Arbitrators might uphold more lenient penalties for them as opposed to other employees for identical participation in a wildcat strike. 
B)  Arbitrators give them more leeway than they would other employees for arguments/ remarks made to management in a grievance meeting. 
C)  Arbitrators consider them no differently than any other employee. 
D)  They cannot be discharged by management because of legal protection under the National Labor Relations Act. 
E)  Union stewards actually have less responsibility when it comes to disciplinary matters.

Question 18

Which of the following is NOT characteristic of progressive discipline?

Accepted Answer

A)  Progressive discipline does not allow employees an opportunity to correct their behavior. 
B)  There are increasingly severe penalties corresponding with repeated, identical offenses committed by an employee. 
C)  Progressive discipline impresses on the employee the seriousness of repeated offenses. 
D)  There are penalties that range in severity from an informal oral warning to immediate discharge. 
E)  Penalties for various types of offenses are clearly spelled out in a disciplinary price list.

Question 19

Even though all of the following rationale may be legitimate from a managerial perspective,arbitrators consider which one of the following to be the only legitimate/ necessary purpose of employee discipline?

Accepted Answer

A)  To maintain respect for the supervisor's authority. 
B)  To promote efficient production. 
C)  To correct and improve the employee's behavior. 
D)  To set an example of appropriate behavior to other employees. 
E)  To transmit the rules of the organization to other employees.

Question 20

Which of the following statements is false about the evolution of employee discipline?

Accepted Answer

A)  It wasn't until the 1970s that employers could be held legally accountable for their disciplinary actions. 
B)  In the 18th and 19th centuries, employers exercised uncontrolled discretion relating to employee discipline. 
C)  Frederick W. Taylor was among the first management thinkers to advocate a disciplinary approach that focuses on correction rather than discharge. 
D)  At one time, an employee could be disciplined by having his tongue burned or being whipped in public for speaking to management in an insolent or rude manner. 
E)  The protections against wrongful disciplinary actions initially afforded by the Wagner Act applied only to employees covered by a collective bargaining agreement.

Exam 12: Employee Discipline

Employee discipline is a topic only relevant in unionized firms since non-unionized employees aren't afforded any protections against wrongful disciplinary actions.

It is estimated that employers incur tremendous indirect costs (e.g.,costs of poorly performing employees,costs of overly complex hiring processes,unnecessary granting of severance pay)because they routinely overestimate the costs of fighting wrongful discharge suits.

Violation of an employee's Weingarten rights means:

Rules prohibiting "horseplay" or "gambling" are usually:

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"?

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

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

In order for an arbitrator to find that discipline was for "just cause," it is necessary to find clear and convincing evidence that a disciplinary offense was committed.

The "employment at will" concept:

Under due process element of double jeopardy,the employer cannot first suspend an employee indefinitely and then subsequently discharge the employee.

Evidence indicates that a majority of discharged employees who are reinstated by an arbitrator perform their work in a "below average" capacity following reinstatement.

A manager terminates an employee because of a personal grudge against the employee.This discharge could be contested in 12 states at least under the covenant-of-good faith and fair dealing exception to the employment-at-will doctrine.

Restrictions cannot be placed on supervisors to protect employee rights without adversely affecting supervisors' beliefs in the effectiveness of the disciplinary system.

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

Suspensions:

Arbitrators often reduce suspensions given to employees,even if other employees have received similar suspensions under identical circumstances

Which of the following is correct about employees who are union stewards?

Which of the following is NOT characteristic of progressive discipline?

Even though all of the following rationale may be legitimate from a managerial perspective,arbitrators consider which one of the following to be the only legitimate/ necessary purpose of employee discipline?

Which of the following statements is false about the evolution of employee discipline?