How does a collective bargaining agreement affect an employer's disciplinary procedures?

The resolution of disciplinary issues can certainly be complicated by a union contract. While non-unionized employees generally are discharged at the employer's will, union members have added job security and typically are terminated only for cause, such as low productivity, a rule violation, or insubordination, pursuant to the collective bargaining agreement. This concept, given life through a formal grievance procedure, ensures that unionized workers are afforded far greater job protections than the average at-will employee. Of course, these protections make performance management more challenging for the supervisors and human resources professionals who must navigate them.

The dispute resolution process in a unionized workplace, while allowing for a greater sense of due process among the workforce, can also prolong the period of hostility and tension that typically arises between supervisor and employee after a disciplinary action occurs. While the grievance is pending, the employee may not be able to move past the negative experience. The supervisor, displeased that his or her actions have been challenged, may be on the defensive. Moreover, if the matter goes to arbitration, the parties face a drawn-out, time-consuming process, and the months of uncertainty that inevitably accompany the proceedings can undermine productivity, decrease morale, and test the patience of even the most tolerant of human resources professionals.

For more information. For more information on the grievance dispute resolution process, see the discussion at ¶61,470 and the paragraphs following it.