Just Cause

• Under most contracts, union members may only be disciplined or discharged for "just cause."
• Check your contract for specific language on discipline and termination.

Listed below are seven general factors that help to determine just cause in discipline cases.

1. Reasonable rule or order:
   Was the employer's rule or order reasonably related to the orderly, efficient, and safe operation of the employer's business, and the performance the employer might properly expect?
2. Notice:
   Did the employer give the employee forewarning or foreknowledge of the possible disciplinary consequences of the employee's conduct?
3. Investigation:
   Did the employer, before administering the discipline, make an effort to find out whether the employee did, in fact, violate or disobey a rule or order?
4. Fair Investigation:
   • Was the employer's investigation considered fairly and objectively?
   • Did the employer allow an employee who requested union representation to have a steward present while management questioned the employee?
   • If the employee requested representation, did the employer notify the steward of what the nature of the meeting would be and what areas the employer would be inquiring into?
5. Proof:
   At the investigation, did the "judge" obtain substantial evidence that the employee was guilty as charged?
6. Equal Treatment:
   • Has the employer applied its rules, orders and penalties evenhandedly and without discrimination to all employees in a similar situation?
   • If employees were treated differently, did the employer know of the disparate treatment?
7. Appropriate Penalty:
   Was the degree of discipline administered by the employer reasonable related to the seriousness of the offense and the employee's record of service with the organization? The idea of progressive discipline fits here. Generally, an employer is expected to use progressive discipline except in cases of serious misconduct.