Union Members and Workplace Discipline: The Impact of Progressive Discipline on Employment Termination Policies

Introduction

In a union environment, the employment policies and procedures can significantly differ from non-union settings. While both union and non-union employees can face termination for various reasons, the union environment often mandates a more structured and progressive approach to disciplinary action. This article explores how union members can be fired by employers, with a particular focus on factors such as attendance tardiness, poor work quality, and the application of progressive discipline.

Understanding Progressive Discipline in Union Settings

Union contracts typically outline strict guidelines for progressive discipline, ensuring that termination is a last resort and that procedural fairness is upheld. Unlike non-union environments, where an employee may be fired for frequent tardiness without any prior warning, union members must often go through a series of steps before facing termination. This process is designed to provide employees with opportunities to improve their performance and behavior.

Example:
At a non-union shop, if an employee is frequently late and nothing is said about it, they might be fired on the spot if they are two hours late and miss an important meeting. In a union environment, the same employee would typically receive multiple formal written warnings before facing termination. This process ensures that the employer adheres to the rules and regulations outlined in the union contract.

Addressing Poor Conduct and Work Performance

Poor work quality and attendance issues are amongst the most common reasons for termination. However, in a union setting, employers must follow the established disciplinary process to ensure that each step is documented properly. This includes:

Written Warnings: Employees are usually given several written warnings before any serious action is taken. These warnings should outline the specific issues and provide the employee with a chance to improve. Performance Counseling: Employers often provide counseling sessions to discuss performance issues and provide guidance on how to improve. Progressive Action: The termination process is typically progressive, meaning that each subsequent action is more severe than the previous one, from verbal warnings to formal written warnings.

Case Study: Absenteeism and Tardiness
A coworker of mine was fired for refusing to respond to a call out on Christmas Eve. The call was supposed to have been handled by another person, but that individual was unreachable. A director fired the coworker on the spot, but the following week, the same coworker was reinstated by a vice president. This incident demonstrates how complex the disciplinary process can be, especially when it involves a union environment. The termination would not have held up to union scrutiny, highlighting the importance of the progressive discipline process.

Challenges and Arbitration

While the union’s progressive discipline process aims to ensure fairness and due process, it often leads to extended disputes or grievances. Employers frequently face additional costs and delays as unions challenge terminations and push for arbitration. In many cases, the outcome is a compromise that allows the employee to remain on the payroll, which can frustrate employers.

Example:
In our railroad company (IBEW), a foreman was called last and dispatched to fix a relatively easy fix. The employee involved had initially refused to respond to a call out. A third individual also admitted that he did not know how to work on the broken equipment. The employer was ultimately required to go through the disciplinary process outlined in the contract, which could take time. In the end, the issue was resolved through a deal with the union to keep the employee on the payroll and settle other minor grievances.

The toughest exceptions to the progressive discipline process are usually reserved for more serious offenses such as:

Workplace Violence: Any instance of workplace violence, including physical altercations, threats, or any behavior that endangers the safety of others, can justify immediate termination. Drug Allegations: Multiple drug tests or violations related to substance abuse can also lead to termination, even if the employee has a history of good performance. Bringing Weapons to Work: Possession or use of firearms or other dangerous weapons in the workplace is typically grounds for immediate termination, regardless of the union contract.

These exceptions highlight the significant role that serious misconduct plays in employee termination. However, they are the rare instances where the union contract can be less influential.

Conclusion

In summary, while union members do not have an absolute immunity from termination, they do have more protections and structured processes in place for addressing workplace discipline issues. Employers must adhere to the union contract and follow the progressive discipline process to ensure legality and fairness. Despite the challenges, employers and unions can work together to uphold the spirit of the contract and ensure a fair and just work environment.