Labor Relations- Bus 405 004016
Professor Fred Brandt
September 4, 2010
Strayer University-Delaware County
Employee Discipline Employee discipline is one of the most commonly discussed issues in any organization, whether it is union or non-union. It is a matter that management must deal with on a day to day basis, and remain mindful of the consequences that can arise if not dealt with properly. It has been noted that about 40 percent of most grievance cases involve how discipline was carried out. According to the text and several articles the discipline action is likely to be challenged by unions, employees and various government agencies. Historically employee discipline has come a long way. In the eighteenth and nineteenth centuries, employers were able to discipline harshly. Employees could be burned, whipped and publicly humiliated by employers for wrong doings. In 1920 Frederick Taylor had a theory of scientific management that stressed the financial impact of discharging employees in an illogical manner. In 1935 the Wagner Act shaped management’s disciplinary policies, making it a crime to discipline employees because off their union relations. This is when the National Labor Relations Board (NJRB) was formed to enforce the accountability of management actions against employees. Beginning in 1940 to the present the managerial policies on employee discipline has grown and developed the course of labor arbitration with three broad powers given to arbitrators. These powers are 1.) to determine what constitutes “just cause” for discipline, 2.) to establish “standards of proof and evidence”, 3.) to review and modify or eliminate the penalty imposed by management when warranted. Most nonrepresented employees fall under the “employment-at-will” common law doctrine,...