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Advanced Steward
The Just Cause Standard
Most union contracts require 'just cause' for discipline. This is one of the most powerful protections in any collective bargaining agreement.
The 7 Tests of Just Cause:
- NOTICE: Did the employer give the employee forewarning of the possible consequences of their conduct? Was the rule clearly communicated?
- REASONABLE RULE: Is the rule or order reasonably related to efficient and safe operations? Is it a reasonable rule?
- INVESTIGATION: Did the employer investigate before administering discipline? Was it a fair and objective investigation?
- FAIR INVESTIGATION: Was the investigation conducted fairly and objectively? Did the employer talk to all relevant witnesses?
- PROOF: Did the investigation produce substantial evidence of guilt? Is there actual proof, not just suspicion?
- EQUAL TREATMENT: Has the rule been applied consistently? Were other employees treated the same way for similar offenses?
- APPROPRIATE PENALTY: Is the degree of discipline reasonably related to the seriousness of the offense and the employee's record? Does the punishment fit the crime?
As a steward, you should evaluate every discipline case against ALL 7 tests. If management fails ANY one of these tests, you have a strong grievance.
The burden of proof is on MANAGEMENT — they must prove the employee deserved the discipline, not the other way around.
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