Deck 17: Employee Relations

Question 1

All union contracts recognize the right of management to discipline or discharge employees for just cause.

Answer 1

True

Question 2

Grievance arbitration is the process whereby the involved parties voluntarily agree to settle a dispute through the use of an independent party.

Answer 2

True

Question 3

The internal stages of appeal in a grievance procedure are completed within one to two weeks.

Answer 3

False

Question 4

Normally arbitrators are paid on a 50-50 basis by the company and the union.

Question 5

Generally,in unionized organizations the grievance process is initiated by the organization which has a complaint regarding some action perceived to be inconsistent with the terms of the union contract.

Question 6

Under the National Labor Relations Act of 1935,the union has a statutory duty to fairly represent only employees who are union members in the bargaining unit.

Question 7

Employment at will permits an employer to legally release an employee for good reason or for no reason.

Question 8

The first step in the disciplinary process is the establishment of performance requirements and work rules.

Question 9

The principle of just cause originally places the burden of proof on the employer.

Question 10

Suspension is the first step in corrective discipline.

Question 11

Due process is the right of an employee to be dealt with fairly and justly during the investigation of an alleged offense and the administration of any subsequent disciplinary action.

Question 12

A manager who objects to an employee's performance or behavior just has to say,"You're fired!" and does not have to offer any justification for the same.

Question 13

Title VII of the Civil Rights Act prohibits the use of age as the basis of any employment condition.

Question 14

A manager is allowed to discipline an employee even before looking for evidence to support the decision agreement.

Question 15

Consistency in discipline means that factors such as past conduct,length of service,work record,and the like must be ignored in determining the appropriate discipline.

Question 16

An employee has the right to refuse to submit to a disciplinary interview without the presence of a union representative.

Question 17

Falsifying an employment application is not grounds for discipline,unless discovered at the time the application was completed.

Question 18

Notation of rules infractions in an employee's record constitutes advance warning and is sufficient to support disciplinary action.

Question 19

When an employee has a complaint against management,the employee normally uses the organization's disciplinary procedure to resolve the problem.

Question 20

In regard to labor relations,AAA stands for American Arbitration Association.

Question 21

In order to support disciplinary action,advance warning is not sufficient unless:

A)the company rules are covered in orientation.
B)prior incidents can be presented as examples.
C)the employee is advised of the infraction.
D)notations placed in the employee's record are utilized.

Question 22

The disciplinary process includes all of the following steps EXCEPT:

A)negotiating employer/employee agreement on proper behavior.
B)communicating performance requirements and work rules.
C)applying corrective action.
D)establishing performance requirements and work rules.

Question 23

Current laws give employees the right to _____ any disciplinary action they consider discriminatory.

A)overturn
B)circumvent
C)appeal
D)ignore

Question 24

Discipline in organizational settings is frequently dispensed in response to all of the following EXCEPT:

A)for joining a worker's union.
B)poor performance stemming from negligence.
C)poor company citizenship.
D)absenteeism.

Question 25

New employment arbitration programs generally:

A)affect only current employees.
B)are limited to unionized organizations.
C)begin with new hires.
D)apply to both new and existing workers.

Question 26

_____ prohibits the use of race,color,religion,sex,or national origin as the basis of any employment condition.

A)Executive Order 11246
B)Title VII of the Civil Rights Act
C)The Age Discrimination in Employment Act
D)The Equal Pay Act

Question 27

The first step in a disciplinary process is:

A)communicating performance standards.
B)applying corrective action as soon as the transgression is proven.
C)establishing performance requirements and work rules.
D)surveying similar companies to determine what their standards and policies are.

Question 28

The traditional concept concerning employer/employee free decisions on termination in nonunionized organizations is termed:

A)collective bargaining.
B)agency shop.
C)fairness doctrine.
D)employment at will.

Question 29

Discipline as related to recent civil rights legislation requires management to:

A)not discipline members of protected classes.
B)avoid discipline of women and minorities so as to avoid a lawsuit.
C)be careful that no impermissible biases affect discipline practices.
D)discard discipline in favor of more positive methods of management.

Question 30

Which of the following may result in organizational discipline?

A)Non-wage garnishment
B)Participation in either prohibited or unprohibited strike
C)Punctuality
D)Horseplay

Question 31

The normal sequence of actions taken by management in disciplining an employee would be:

A)oral warning,arbitration,mediation,release.
B)suspension,written warning,oral warning,discharge.
C)written warning,mediation,arbitration,release.
D)oral warning,written warning,suspension,discharge.

Question 32

The employment-at-will doctrine:

A)would forbid what reasonable people might consider capricious or unfair treatment of employees.
B)prohibits the employee to terminate the employment relationship at any time for any valid reason.
C)has been strengthened in recent times by courts that support employees' expectations of fair dealings.
D)would allow a company to fire one employee for a transgression and retain another employee who engaged in similar behavior.

Question 33

The Age Discrimination in Employment Act involves persons over _____ years of age.

A)16
B)21
C)40
D)65

Question 34

The most common type of appeal procedure is a(n)_____ policy that allows employees to bring appeals to successively higher levels of management.

A)remote access
B)open-door
C)employment arbitration
D)peer review

Question 35

Recent court rulings regarding employment at will:

A)led to the passage of the Fair Employee Treatment Act.
B)have upheld an employer's right to fire employees for any reason or no reason.
C)require employers to administer progressive discipline in all cases.
D)demonstrate that employers do need to have a good reason to fire someone.

Question 36

An open-door policy:

A)gives an employee the right to appeal a disciplinary action taken against him/her to the manager's superior.
B)requires a new employee must sign an "open-door" agreement as a condition of employment.
C)will be imposed only on new hires.
D)will be imposed only on current employees.

Question 37

Employees represented by a union are allowed to have a union representative present during any disciplinary interview.This right is protected by the:

A)Federal Mediation and Conciliation Service.
B)Social Security Administration.
C)National Labor Relations Board.
D)Equal Employment Opportunity Commission.

Question 38

Before dispensing discipline or punishment,it is prudent for management to:

A)keep adequate records including past transgressions of the employee.
B)avoid union representation,if possible.
C)take disciplinary action in undue haste.
D)avoid union representation to contain a larger problem from developing.

Question 39

Currently,organizational discipline is most closely related to:

A)mediation hearings.
B)firing.
C)merit.
D)corrective action.

Question 40

Immediacy in administering discipline should denote:

A)quickness at all costs.
B)rapidness without sacrificing rationality and calmness.
C)dropping the procedure if the incident was not immediately observed.
D)administration in the immediate physical area of the offense.

Question 41

Explain what is meant by progressive discipline.

Question 42

The employee's right to be dealt with fairly and justly during the investigation of an alleged offense and the administration of any subsequent disciplinary action is called:

A)just cause.
B)employment at will.
C)grievance procedure.
D)due process.

Question 43

Perhaps the greatest criticism of grievance procedures that undergo the full process is:

A)incompetence of the parties at earlier stages.
B)the lack of internal stages of appeal.
C)the amount of time required for a resolution.
D)the likelihood that the procedure has not been thorough.

Question 44

Describe the duty of fair representation.

Question 45

Explain what is meant by due process.

Question 46

In regard to arbitration:

A)parties agree to allow a privately selected third party neutral to resolve their dispute.
B)arbitration is seldom seen as a quid pro quo in exchange for the union's pledge not to strike.
C)the decision of the arbitrator is binding on the parties.
D)arbitrators are required to conform to legal rules of hearing procedures.

Question 47

Arbitrator impartiality is reflected in:

A)the even sharing of the arbitrator's fee by the company and the union.
B)subjecting the arbitrator to frequent audits.
C)making sure that the arbitrator has never ruled on a similar case.
D)selecting arbitrators who have been both union workers and managers.

Question 48

Regarding the duty of fair representation,which of the following statements is true?

A)Unions are not allowed to represent nonunion members.
B)A union must make decisions as to the merits of particular grievances in good faith and arbitrarily.
C)An employee may not recover damages from the union in instances where the union did not defend the individual against contract violations.
D)Grievance procedures require representation by the union.

Question 49

_____ requires that management initially bear the burden of proof of wrongdoing in discipline cases and that the severity of the punishment must coincide with the seriousness of the offense.

A)Just cause
B)A psychological contract
C)The concept of employment at will
D)The EEOC

Question 50

Describe grievance procedures.

Question 51

What are the causes of disciplinary actions? Give some examples.

Question 52

Explain the process of grievance arbitration.

Question 53

Which of the following is the more advanced step in the progression toward resolving a union grievance procedure?

A)Involvement of higher management and HR department
B)Involvement by supervisor's direct manager
C)Arbitration
D)Employee/steward discussion with supervisor

Question 54

Describe employment at will.

Question 55

Explain what is meant by just cause.

Question 56

How have the NLRB v.Weingarten and Baton Rouge Water Works decisions affected union representation during disciplinary interviews?

Question 57

Generally,in unionized organizations the grievance process is initiated by:

A)the union representative,usually called the union steward.
B)an employee.
C)by the organization.
D)a third party arbitrator.

Question 58

The first act of discipline in a minor offense is usually:

A)a two-day suspension.
B)discharge.
C)a written warning.
D)a one-day suspension.

Question 59

Grievance procedures:

A)are informal methods of resolving all manner of disputes in an organization.
B)outline specific steps for appealing actions taken by management that an employee feels are in violation of the union contract.
C)terminate when the dispute is decided by a third party neutral who acts as a judge.
D)are decided by an independent human resource staff committee.

Question 60

What are the steps in the disciplinary process?