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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: | {{quote|text=<b>We begin</b> where Just Cause first appears in our Collective Bargaining Agreement: | ||
:<b>“ARTICLE 16 DISCIPLINE PROCEDURE | :<b>“ARTICLE 16 DISCIPLINE PROCEDURE | ||
:Section 1. Principles</b> | :Section 1. Principles</b> | ||
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The following is the list of six sub-questions: | The following is the list of six sub-questions: | ||
<ol style="list-style-type:decimal"> | <ol style="list-style-type:decimal"> | ||
<b><li>Is there a rule? If so, was the employee aware of the rule? Was the employee | <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></br></br> | ||
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 ten years ago.” You should be prepared to present the document(s) that supports that the employee knew, or reasonably should have known, the rule (posting and location, previous discipline, relevant sections of handbooks, regulations, etc.)</br></br> | ||
It is not enough to say, “Well, everybody knows that rule,” or, “We posted that rule | Certain standards of conduct are normally expected in the work place, and it is assumed by arbitrators that employees should be aware of these standards. For example, an employee charged with intoxication on duty, fighting on duty, pilferage, sabotage, or insubordination, may generally be assumed to have understood that these offenses are neither condoned nor acceptable, regardless of whether management has issued specific regulations to that effect.</li> | ||
ten years ago.” You should be prepared to present the document(s) that supports | <b><li>Is the rule a reasonable rule?</b></br></br> | ||
that the employee knew, or reasonably should have known, the rule (posting and | Management must make sure rules are reasonable, based on the overall objective of safe and efficient work performance. Rules should be reasonably related to business efficiency, safe operation of our business, and the performance we might expect of the employee.</li | ||
location, previous discipline, relevant sections of handbooks, regulations, etc.) | |||
Certain standards of conduct are normally expected in the work place, and it | |||
is assumed by arbitrators that employees should be aware of these | |||
on duty, pilferage, sabotage, or insubordination, may generally be assumed | |||
to have understood that these offenses are neither condoned nor | |||
that effect. | |||
Management must make sure rules are reasonable, based on the overall objective | |||
of safe and efficient work performance. Rules should be reasonably related to | |||
business efficiency, safe operation of our business, and the performance we might | |||
expect of the employee. | |||
3. Is the rule consistently and equitably enforced? | 3. Is the rule consistently and equitably enforced? | ||
A rule must be applied fairly and without discrimination. Consistent and equitable | A rule must be applied fairly and without discrimination. Consistent and equitable | ||