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Meeting the Requirements of Substantive and Procedural Criteria in Discharge Cases

Description: Legislation, arbitral and judicial decisions, and public opinion provide evidence of increasing concern for protecting employees from unfair dismissal in both union and nonunion firms. Management's right to discharge is being questioned today more than at any other time in the history of labor-management relations. Thus, organizations must stay abreast of the developments that affect their right to discharge employees. This study investigates arbitration awards and judicial decisions in discharge cases to provide answers to these questions. Are companies aware of the types of misconduct for which discharge is considered appropriate? Are companies aware of what constitutes the burden of proof requirements in discharge cases? Does management know and follow the proper procedures in handling discharge cases? The purposes of the study are 1. To determine the extent to which discharges were overturned or modified because the company did not meet the burden of proving a reasonable cause for discharge; 2. To determine the extent to which discharges were overturned or modified because the company did not follow proper dismissal procedures; 3. To develop a model set of guidelines to assist companies in the proper handling of discharge cases. These guidelines present criteria for meeting the just cause and procedural requirements in discharge cases.
Date: August 1981
Creator: Dollar, Alta L. (Alta Lewis)
Partner: UNT Libraries

A Study of the Implementation and Utilization of the Merit Systems Protection Board in Adverse Action Cases

Description: The purpose of this study was to examine the effectiveness of the Civil Service Reform Act of 1978 on the federal civil service through the establishment of the Merit Systems Protection Board. The Civil Service Reform Act of 1978 was designed to correct many of the abuses which existed under the Civil Service Commission related to appeals procedures and inefficiency within the federal government. The majority of data collected for this study were obtained from the Dallas field office of the Merit Systems Protection Board, which covers approximately 275,000 federal employees in a five-state area. Additional data, related to all of the regional field offices of the Merit Systems Protection Board, were obtained from Washington, D.C. Two research tools were used to collect data from the Dallas field office: a questionnaire and a personal interview. Three hypotheses were examined. Hypothesis I stated that the creation of the Merit Systems Protection Board has not given presiding officials any additional authority to handle or decide adverse action cases brought within their jurisdiction. Hypothesis II stated that the length of time needed to process adverse action cases has not decreased since the creation of the Merit Systems Protection Board. Hypothesis III stated that the creation of the Civil Service Reform Act of 1978 has made no difference in the number of adverse action cases brought by federal employees against federal agencies.
Date: August 1981
Creator: Goodwin, Douglas J.
Partner: UNT Libraries

An Analytical Comparison of Domestic Relocation Compensation Practices with International Relocation Compensation Practices

Description: This research was designed to determine to what extent employees relocated domestically are protected financially by company practices and policies. Since international relocation has as its objective protecting employees from financial loss, these policies were used as a point of comparison in evaluating domestic relocation. The study was conducted through the use of a mail questionnaire survey of 326 randomly selected companies within the Fortune 500 top industrial organizations. A total of 153, 47 per cent, questionnaires were returned. This survey attempted to establish the basic policies that are applied by these organizations in domestic employee relocation.
Date: May 1981
Creator: Mills, LaVelle Harper
Partner: UNT Libraries