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Chapter 1 DefVsDisc2016: Difference between revisions
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=== JUST CAUSE === | === JUST CAUSE === | ||
One of the most misunderstood concepts and requirements of our Collective Bargaining agreement is the Just Cause mandate under Article 16. Managers are often not held to proving they issued discipline for Just Cause. Arbitrators are often not held to issuing decisions which apply the standards of Just Cause. Grievances are often not investigated, processed, and presented in a method requiring management to meet the tests of Just Cause. | One of the most misunderstood concepts and requirements of our Collective Bargaining agreement is the Just Cause mandate under Article 16. Managers are often not held to proving they issued discipline for Just Cause. Arbitrators are often not held to issuing decisions which apply the standards of Just Cause. Grievances are often not investigated, processed, and presented in a method requiring management to meet the tests of Just Cause. | ||
{{ | {{quote|<b>We begin</b> where Just Cause first appears in our Collective Bargaining Agreement: | ||
:“ARTICLE 16 DISCIPLINE PROCEDURE | :<b>“ARTICLE 16 DISCIPLINE PROCEDURE | ||
:Section 1. Principles | :Section 1. Principles</b> | ||
In the administration of this Article, a basic principle shall be that discipline | In the administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. No employee may be disciplined or discharged except for just cause such as, but not limited to, insubordination, pilferage, intoxication (drugs or alcohol), incompetence, failure to perform work as requested, violation of the terms of this Agreement, or failure to observe safety rules and regulations. Any such discipline or discharge shall be subject to the grievance-arbitration procedure provided for in this Agreement, which could result in reinstatement and restitution, including back pay.” | ||
should be corrective in nature, rather than punitive. No employee may be | |||
observe safety rules and regulations. Any such discipline or discharge shall be | |||
subject to the grievance-arbitration procedure provided for in this Agreement, | |||
which could result in reinstatement and restitution, including back pay.” | |||
---- | ---- | ||
<b><u>The EL-921</u></br></br> | <b><u>The EL-921</u></br></br> | ||
The above quoted</b> provision explains that Management must have just cause to issue | The above quoted</b> provision explains that Management must have just cause to issue discipline, but the provision does not explain what just cause is. In Collective Bargaining Agreements throughout the United States, ours may be unique in that we have a clear definition of | ||
what just cause is. That definition is found in the <b>EL-921 Handbook, Supervisor's Guide to | |||
Handling Grievances,</b> under Article 19 of the Collective Bargaining Agreement: | |||
what just cause is. That definition is found in the EL-921 Handbook, Supervisor's Guide to | </br></br><b>The Principles of Just Cause</b></br></br> | ||
Handling Grievances, under Article 19 of the Collective Bargaining Agreement: | |||
The Principles of Just Cause | |||
The main purpose of any disciplinary action is to correct undesirable behavior on the | The main purpose of any disciplinary action is to correct undesirable behavior on the | ||
part of an employee. All disciplinary actions must be for just cause and, in the majority | part of an employee. All disciplinary actions must be for just cause and, in the majority | ||
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questions. | questions. | ||
The following is the list of six sub-questions: | The following is the list of six sub-questions: | ||
<ol style="list-style-type:decimal"> | |||
forewarned of the disciplinary consequences for failure to follow the rule? | <b><li>Is there a rule? If so, was the employee aware of the rule? Was the employee | ||
forewarned of the disciplinary consequences for failure to follow the rule?</b> | |||
It is not enough to say, “Well, everybody knows that rule,” or, “We posted that rule | It is not enough to say, “Well, everybody knows that rule,” or, “We posted that rule | ||
ten years ago.” You should be prepared to present the document(s) that supports | ten years ago.” You should be prepared to present the document(s) that supports | ||