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Grievances
The Seven Tests of Just Cause
The Seven Tests of Just Cause represent a practical and effective way to determine whether a proposed
disciplinary action is firmly and fairly grounded. It is fair to assume that these tests will be applied by
arbitrators in the event that disciplinary actions are challenged, and it is therefore good practice to apply
them prospectively when considering the imposition of progressive discipline.
1. Notice.
a. Prior to imposition of discipline, employee must have notice of rules and expectations.
b. Established through
(1) New employee orientation
(2) Orientation checklists
c. Periodic reinforcement.
2. Reasonable Rules and Orders
a. Cannot be inconsistent with collective bargaining agreement(s).
b. Cannot be arbitrary or capricious.
c. Must be reasonably related to business necessity.
3. Investigation
a. Must be thorough; consider all evidence, pro and con.
b. Must be timely.
c. Should be completed expeditiously.
d. Occurs before discipline is imposed.
e. Gives accused opportunity to respond.
f. Alls union representation (Weingarten rights).
4. Fair Investigation
a. Result must not be forgone conclusion.
b. Test assumptions/bias.
5. Proof
a. Level of proof is normally "substantial evidence."
b. Greater proof required for more serious allegations.
6. Equal Treatment
a. Equal treatment must be balanced against just application.
b. Rules must be applied even-handedly and without discrimination.
c. Rules must be applied justly.
d. I.e., don't blindly apply same rule to all situations - managers/supervisors are expected to exercise
judgement.
7. Penalty
a. Must be fair, not arbitrary and capricious, or based on emotional response.
b. Factor in length of service, prior performance history, and previous progressive discipline.
The Seven Tests of Just Cause represent a practical and effective way to determine whether a proposed
disciplinary action is firmly and fairly grounded. It is fair to assume that these tests will be applied by
arbitrators in the event that disciplinary actions are challenged, and it is therefore good practice to apply
them prospectively when considering the imposition of progressive discipline.
1. Notice.
a. Prior to imposition of discipline, employee must have notice of rules and expectations.
b. Established through
(1) New employee orientation
(2) Orientation checklists
c. Periodic reinforcement.
2. Reasonable Rules and Orders
a. Cannot be inconsistent with collective bargaining agreement(s).
b. Cannot be arbitrary or capricious.
c. Must be reasonably related to business necessity.
3. Investigation
a. Must be thorough; consider all evidence, pro and con.
b. Must be timely.
c. Should be completed expeditiously.
d. Occurs before discipline is imposed.
e. Gives accused opportunity to respond.
f. Alls union representation (Weingarten rights).
4. Fair Investigation
a. Result must not be forgone conclusion.
b. Test assumptions/bias.
5. Proof
a. Level of proof is normally "substantial evidence."
b. Greater proof required for more serious allegations.
6. Equal Treatment
a. Equal treatment must be balanced against just application.
b. Rules must be applied even-handedly and without discrimination.
c. Rules must be applied justly.
d. I.e., don't blindly apply same rule to all situations - managers/supervisors are expected to exercise
judgement.
7. Penalty
a. Must be fair, not arbitrary and capricious, or based on emotional response.
b. Factor in length of service, prior performance history, and previous progressive discipline.
