Administrator – Page 4

103: Investigation of an Untoward Incident

Highlights: Investigation by Management precedes meting out of a penalty. Questions to be answered: Was there a violation of the rules? Who did it? Are there circumstances affecting the gravity of the offense? The initial investigation is usually performed by the foreman. Duty of Fair Representation Issues Under with the Supreme Court Weingarten case, if the accused asks for his/her steward, he/she is entitled to an interview with the steward before further questioning. Employee silence can be used inferentially; there is no presumption of innocence in arbitration. The Union’s Investigation After Issuance of a Penalty Was the disciplinary procedure followed? Was the rule reasonable? Did the employee violate the rule? Was the penalty reasonable? After careful consideration of all the evidence, a decision by the Union whether to file a grievance is be made. Investigation should be diligent and performed in good faith.

Format	Three member panel discussion
Length	56 Minutes
Moderator	M. David Keefe, Labor Arbitrator, Founder of LMDSI
Management’s View	Malcolm Denise, former V.P. for Labor Relations, Ford Motor Company
Labor’s View	Raymond Shetterly, former Director of the Arbitration Services Dept., UAW

Uncategorized

102: Formulation and Publication of Rules

Highlights: The system of discipline depends upon a code of action. Shop rules of conduct derive from three sources: Common sense, negotiation and promulgation. Certain kinds of conduct are prohibited even without rules. Rules relating to the peculiarities of the business must be spelled out. Most often Management promulgates the rules unilaterally; however, rules may be negotiated. Mechanics of Operation of Plant Conduct Rules Management seeks to set forth rules, but not in too detailed a fashion. Rules are a living code of conduct which are subject to both business and cultural change. Rules frequently have a particular assigned penalty. Absenteeism is a peculiar area which is subject to its own particular rule criteria because penalties are meted out based upon offense repetition.

Format	Three member panel discussion
Length	59 Minutes
Moderator	M. David Keefe, Labor Arbitrator, Founder of LMDSI
Management’s View	Malcolm Denise, former V.P. for Labor Relations, Ford Motor Company
Labor’s View	Raymond Shetterly, former Director of the Arbitration Services Dept., UAW

Discipline Series

101: General Principles of Discipline

Highlights: Discipline is a management right and obligation. Management does not enjoy the investigative powers of government. Disciplinary process and procedure have evolved uniquely. Implementation of Discipline: Establish the fact of an infraction. Where there is reasonable suspicion of a serious infraction, suspension is indicated during the term of investigation. The labor agreement may provide for a cut-off date regarding the retention of adverse records in file. Mechanical application of rules isn’t realistic, as there must be a zone of reasonableness. It is permissible for Management to successively discipline individuals in an employee group where disciplining the group at once would affect the plant operation. Paper penalties in lieu of time-off is generally ineffective and counterproductive to progressive discipline. Can Management delegate its discipline authority? This is particularly related to group leaders and plant guards.

Format	Three member panel discussion
Length	61 Minutes
Moderator	M. David Keefe, Labor Arbitrator, Founder of LMDSI
Management’s View	Malcolm Denise, former V.P. for Labor Relations, Ford Motor Company
Labor’s View	Raymond Shetterly, former Director of the Arbitration Services Dept., UAW