1. Discipline is the most significant issue for the union and management organization because both parties usually do not see eye to eye on disciplinary actions. Earlier in the eighteenth and nineteenth century, disciplinary action was negative, punitive by nature, heavy handed and arbitrary. Employers exercised unrestricted discretion— they could discipline their employees as they see fit no matter how unreasonable the punishment was. However, things changed when labor unions got involved and began to fight persistently on behalf of its members against the injustice of management's action. Management and union became involved in bitter struggle related to management’s right to discipline. A struggle developed over whether management had the right to discipline the employees or whether the employee’s actions necessitate the level of discipline issued. As a result, there has been a significant shift in disciplinary action against employees. In a 1987 study, researchers found that management loses more discipline cases than it wins. In a more recent study involving 85 employers and a total of just over 2000 arbitration cases over termination, 63 percent of the termination were sustained by arbitration (Holley, Jennings, Wolters 2008). Today, management is responsible for developing a formal disciplinary policy, which should be reviewed with the union for input. I believe management and the union should work together to correct the problem among employees and try to prevent recurrence, which will result in satisfying work relationship among workers, unions and employers.
3. Taking disciplinary action against employees can be very difficult. Employers need to ensure that correct and fair disciplinary procedures are followed to protect themselves against having any claims of unfair dismissal. Employers would have difficulties administering disciplinary principles if an employee reports to work under the influence of alcohol because there are several criteria that an employer must meet for a discipline to be considered just cause. Since employers have the burden of proof they are responsible to ensure that the employee is afforded due process during management’s investigation and decision making about the discipline. Employers are required to tell an employee what he/she is being accused of. Most importantly, employers should confront the employee with the evidence and
