Just cause checklist
The seven tests arbitrators use to judge whether discipline was fair, as a checklist for stewards. Work through it here, print it, or fill in the PDF worksheet.
1Notice
Did the member know about the rule, and that breaking it could lead to discipline?
- Look for
- Was the rule written down, posted or in the handbook? Was the member trained on it or warned before? Has management enforced it before?
- Ask management for
- The written rule, training or sign-off records, and any earlier warnings.
Some conduct, like theft or violence, is widely understood to be wrong even without a written rule.
2Reasonable rule
Is the rule or order reasonable, and related to doing the job safely and well?
- Look for
- Does the rule have a real work reason behind it? Does it conflict with the contract?
- Ask management for
- When and why the rule was adopted, and whether it was bargained with the union.
3Investigation
Did management investigate before it decided on discipline?
- Look for
- Did anyone talk to the member before the decision? Were witnesses interviewed? Was the penalty decided before the investigation ended?
- Ask management for
- The investigation notes and a timeline of who was talked to and when.
4Fair investigation
Was the investigation fair and objective? Did the member get to tell their side?
- Look for
- Was the investigator neutral, or involved in the incident? Did the member have a steward when they asked for one? Were the member's witnesses heard?
- Ask management for
- A list of everyone interviewed and their statements.
5Proof
Did management find real evidence that the member did what they're accused of?
- Look for
- Firsthand witnesses or only secondhand accounts? Documents, records or video? Does the evidence prove the exact charge?
- Ask management for
- All the evidence management relied on.
6Equal treatment
Has management applied the rule and the penalty the same way to everyone?
- Look for
- Others who did the same thing, and what happened to them. Rules enforced only some of the time, or only against some people.
- Ask management for
- Discipline records for the same rule over the last few years. Names can be blacked out.
7Penalty
Does the penalty fit the offense, given the member's record and years of service?
- Look for
- The member's record and length of service. Whether the contract calls for progressive discipline. How similar cases were handled.
- Ask management for
- The member's personnel file and discipline history.
Keep the case together
In LaborWise, a disciplinary case follows the review from investigation and the member interview through evidence, management's review and union consultation to the outcome. Your notes and files stay with the case, and it shows up in the member's history.