JUST CAUSE FOR DISCIPLINE
Most collective bargaining agreements, expressed or implied, contain "just cause" standards. This means, among other things, that a discipline cannot be arbitrary or given out on a foreman's whim. Job stewards often find themselves in the position of assessing whether management acted properly when disciplining employees. Listed below are the elements of "Just Cause," which arbitrators usually consider and/or follow, in an arbitration case.
- Generally the employer has the right to prescribe reasonable rules of conduct.
- The employer has an obligation when issuing these rules to publicize them through postings, meetings and by consistent enforcement. In other words, union members must be given the full opportunity to know the rules before being disciplined for breaking them.
- The discipline policy must be used without discrimination. All employees must be judged by the same standards. Management cannot pick and choose when to discipline workers based on who they like or dislike. The pattern of enforcement must be consistent.
- Discipline should be consistent with the alleged offense, generally be done as a corrective measure - not as a punitive action.
- The employer should avoid hasty or arbitrary action. This is part of being consistent. The discipline handed out must be appropriate to the offense. Just cause, for example, would not likely permit a 3-day suspension for a first time infraction of being late for work.
- The employer has an obligation to evaluate each situation, in light of an employee's work or disciplinary record. Even though two employees may have committed the same act of misconduct the same penalty may not be appropriate for both. Their past employment record often needs to be considered.
- If the employer is veering off course when it comes to applying the "Just Cause" standard the steward can bring them back to the proper course.
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