Chapter 13: Employee Rights and Discipline 181
an investigative interview might result in disciplinary action, the employee
has the right to representation.
D. Approaches to Disciplinary Action
Two approaches to discipline are discussed in the textbook: (1) progressive discipline,
and (2) positive discipline.
1. Progressive Discipline
• This is the approach used most by organizations.
• Ask students to list the steps of progressive discipline and write them on the
board. Review the definition of progressive discipline given in the textbook
2. Positive Discipline
• Some HR professionals believe that progressive discipline is not an
appropriate method to correct employee misconduct because the system relies
on intimidation and threats and produces an adversarial relationship. Positive
discipline is recommended in its place. Positive, or nonpunitive, discipline is
182 Part 5: Enhancing Employee-Management Relations
E. Discharging Employees
• Termination is the most serious step of disciplinary action; therefore,
supervisors and managers must undertake this action only after a full
1. Informing the Employee
• Informing employees that they are to be terminated requires consideration for
the individual affected. The termination meeting should be held in a tactful
2. Due Process
• Due process can be defined as the employee’s right to be heard. In any
disciplinary procedure an employee must be given the opportunity to present
his or her side of the story. This insures a full and fair investigation, including
the proper application of a disciplinary penalty if one is justified.
F. Alternative Dispute Resolution Procedures
• In a unionized setting, employees may choose to appeal disciplinary action
against them through the union grievance procedure. Employers in nonunion
Chapter 13: Employee Rights and Discipline 183
• Two important U.S. Supreme Court cases support the employer’s use of ADR
1. Step-Review Systems
• Figure 13.10 in the textbook illustrates a typical step-review appeal procedure.
• Step-review systems are patterned after union grievance systems. They have
2. Peer-Review Systems
• Peer-review systems, or complaint committees, are composed of employee
3. Open-Door Policy
• Managers often prefer to have an open-door policy to hear employee
4. Ombudsman System—Ombudsmen are designated individuals to whom
employees may go for resolution of their grievances. These individuals have no
184 Part 5: Enhancing Employee-Management Relations
5. Mediation
• Mediation uses the assistance of a third-party neutral to resolve employee
complaints. Mediators can be designated individuals within the organization
6. Arbitration
• Arbitrators are third–party neutrals who have the legal power to finalize an
employee complaint. Arbitrators make employment decisions that the parties
must comply with. Arbitration is discussed more fully in Chapter 14.
• Because of the Gilmer and Circuit City cases, employers can require
III. MANAGERIAL ETHICS IN EMPLOYEE RELATIONS
• Ethics, and the ethical behavior of managers, is a major concern in managing
human resources. Ask students what ethics means and what constitutes ethical
behavior by managers.
• Ethics are standards of acceptable conduct and moral judgments. Ethics are cultural
guidelines that assist managers to decide between right and wrong behavior. Ask
students for examples of ethical supervisory behavior regarding the management of
employees.
Chapter 13: Employee Rights and Discipline 185
ANSWERS TO END–OF–CHAPTER DISCUSSION QUESTIONS
1. Drug testing, e-mail usage, and employee searches and surveillance are three prominent areas
where employee rights and employer responsibilities can come into conflict. Other areas
could include genetic testing and off-duty conduct. Conflict can arise between employees and
2. Under the employment-at-will doctrine, employers have traditionally had the right to
terminate employees for any reason—good or bad. Employees, likewise, have had the right
to quit their jobs at any time. Under this “at–will” principle, both sides retain relative
3. In the public sector, the Drug-Free Workplace Act of 1988 requires that organizations with
government contracts of $25,000 or more develop and publish a policy statement prohibiting
drug use. The law also requires employers to establish substance–abuse awareness
4. Organizational policies on discipline differ markedly. As a minimum, disciplinary
investigations and disciplinary interviews should be conducted. The steps of progressive
5. The investigative interview should spell out fully the deficiencies or violations committed by
the employee. It should concentrate on the requirements of the job and/or on the performance
186 Part 5: Enhancing Employee-Management Relations
6. Without full and correct documentation, managers are unable to support the disciplinary
action taken against employees. Complete documentation would include (1) the date, time,
7. Progressive discipline consists of a series of steps used to correct the misbehavior of
employees. Each step applies a higher degree of penalty—oral warning, written warning,
suspension, and discharge. The purpose of progressive discipline is to apply just enough
8. This question is intended to have students develop different alternative dispute resolution
systems and to describe benefits derived from them. Figure 13.9 in the textbook lists the
seven factors to consider when deciding to uphold or reverse discharge cases.
9. Many options are available to students to answer this question. Some examples are:
• Selection—A manager wishes to hire a new, fully qualified employee; however, he or she
is pressured by the department manager to hire a friend of the president of the company.
This person is only partially qualified for the position.
Chapter 13: Employee Rights and Discipline 187
• Compensation—Because of declining profit margins, there is little money available for
Learning about Employee Rights
This exercise will assist students to learn about different employee rights topics. As
a class exercise it is informative to divide the class into teams having the groups
ANSWERS TO USING THE INTERNET ACTIVITIES
Internet Exercise #1, page 587
Question:
Visit the American Arbitration Association (AAA) website and search for information on
employment arbitration. What are some common reasons for using employment arbitration?
Describe some of the resources provided on the AAA website.
Answer:
Employers and employees face occasional workplace disputes involving alleged wrongful
188 Part 5: Enhancing Employee-Management Relations
Internet Exercise #2, page 589
International Ombudsman Association
Question:
Visit the International Ombudsman Association (IOA) and review the roles and functions of an
organizational ombudsman. What does an organizational ombudsman do? Describe the IOA’s
Standards of Practice.
Answer:
An organizational ombudsman facilitates the informal resolution of concerns of employees,
Chapter 13: Employee Rights and Discipline 189
190 Part 5: Enhancing Employee-Management Relations
VIDEO CASE DISCUSSION GUIDE
Encourage students to express and support their opinions about drug testing. Some may say that
it is never appropriate under any circumstances, others may say that it is a smart way to
prevent problems before hiring, and still others might say that it is only appropriate when a
critical incident has occurred and needs to be investigated.
NOTES FOR END–OF–CHAPTER CASE STUDIES
Case Study 1: Discharged for Off-Duty Behavior
1. The answer to this question will largely depend on the opinions of individual students.
Some will argue that John’s behavior was strictly his own business and not regulated by
company policy. Further, to some, his behavior may seem small and one not likely to harm
2. Organizations in different types of businesses have traditionally imposed different codes of
conduct upon their employees. Police agencies, fire departments, educational institutions or
3. The answer to this question will again greatly depend on the opinions of individual
students. Clearly, a mitigating factor to the discipline of an employee is the past work record
of the individual. Arbitrators and the courts have long upheld this position. However, the
Chapter 13: Employee Rights and Discipline 191
Case Study 2: “You Can’t Fire Me! Check Your Policy”
1. As a general rule, in termination cases for absenteeism, the seniority and past work record
of the employee have been factors influencing the decision of labor arbitrators to either
2. Management has no “legal right” to know why employees refuse overtime requests.
Regardless, management has a right to question employees about their proposed absences
3. Mary’s agreement that the company did not follow its published disciplinary policy is
compelling. This is particularly true where the disciplinary policy is progressive outline
various penalty steps leading to termination. As noted in the textbook, one purpose of
progressive discipline—or a positive discipline policy—is to inform employees where they
4. In this case, the arbitrator noted that the excessive absenteeism of Mary would normally
have justified a termination decision. However, because management clearly violated its