How are disciplinary issues handled in a unionized workplace?

After the employee has faced disciplinary action he or she communicates the grievance over this action to the union, and the union takes steps to resolve the grievance through a formal grievance procedure set forth in the collective bargaining agreement. Where the union and employer have established rules for invoking the grievance procedure, they must be followed. Neither party may alter the grievance procedures formally established in the contract.

Because unionized employees enjoy enhanced protections from arbitrary discipline or discharge, supervisors must carefully document the basis for disciplinary actions. They must be instructed to record any infractions they hope to raise in justifying why discipline is warranted. The employer will have the burden, in an arbitration context, of showing that just cause existed for the employee to be disciplined or terminated. Procedural matters relating to the disciplinary action are also closely reviewed in arbitration. If progressive discipline is company policy, then it must be followed completely, without deviation. For instance, if your handbook provides for a first-step written warning, then an oral warning simply will not suffice. In short, documentation and due process are critical if a unionized employee is to face disciplinary action that will stick.