Just Cause Q. What does the term "just cause" mean? A. Although most
union-management agreements do not contain a definition of "just
cause," the accumulated opinions of arbitrators in many cases have created
a sort of "common law" definition of the term. It is best expressed by
a series of questions that should be applied to the facts of any case. These
questions, listed below, help managers to determine whether just cause has been
established in imposing discipline: Did management
give the employee forewarning or foreknowledge of the possible or probable
disciplinary consequences of the employee's conduct? Was
management's rule or order reasonably related to orderly, efficient, and safe
operation, and/or the performance the Commonwealth might properly expect of the
employee? Did management,
before administering discipline to an employee, make an effort to discover
whether the employee did in fact violate or disobey a rule or order? Was
management's investigation conducted fairly and objectively? In the
investigation, did the "judge" obtain substantial evidence or proof
that the employee acted as charged? Has the
Commonwealth applied its rules, orders, and penalties evenhandedly and without
discrimination to all employees? Was the degree
of discipline administered by management in this particular case related to the
seriousness of the employee's proven offense and the employee's Commonwealth
service record?
|
