Discipline and Discharge in the Unionized Firm

Discipline and Discharge in the Unionized Firm delves into the transformation of employer-employee relations within unionized workplaces, specifically focusing on how the union contract impacts personnel policies, particularly in matters of discipline and discharge. Traditionally, management held the authority to impose discipline and terminate employees for serious offenses, but unionization has reshaped this dynamic. Under union contracts, these rights are constrained by arbitration decisions and the grievance procedure, where management must justify disciplinary actions. Professor Orme W. Phelps provides a comprehensive analysis of this evolution, exploring the nuances of how unions and arbitrators influence the administration of discipline. Drawing heavily on arbitration awards, his study reveals a clear set of semitechnical rules developed over time, outlining proper grounds for discipline, procedures, and acceptable penalties, all within the framework of just cause.

This study also emphasizes the pivotal role of arbitration in shaping the discipline process in unionized firms. By analyzing major arbitration cases and early precedent-setting decisions, Phelps identifies key tests and principles that govern disciplinary actions, such as the burden of proof, industry practice, and consistency. The work contrasts the unionized firm’s approach to discipline with that of unorganized firms, where managerial discretion is less restrained. Through this, the study highlights the necessity for management to understand the complexities and the evolving standards of labor arbitration to avoid costly errors in disciplinary actions. This thorough examination is not only a valuable resource for industrial relations scholars but also serves as a practical guide for employers navigating the challenges of discipline in unionized environments.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.