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Chapter 1 DefVsDisc2016: Difference between revisions
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</br><b><li>Is the rule a reasonable rule?</b></br></br> | </br><b><li>Is the rule a reasonable rule?</b></br></br> | ||
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> | 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> | ||
</br><b><li>Is the rule consistently and equitably enforced? | </br><b><li>Is the rule consistently and equitably enforced?</b> | ||
A rule must be applied fairly and without discrimination. Consistent and equitable enforcement is a critical factor. Consistently overlooking employee infractions and then disciplining without warning is improper. For example, if employees are consistently allowed to smoke in areas designated as No Smoking areas, it is not appropriate to suddenly start disciplining them for this violation. In such cases, management loses its right to discipline for that infraction, in effect, unless it first puts employees (and the unions, when appropriate) on notice of its intent to enforce that regulation.</br></br> | A rule must be applied fairly and without discrimination. Consistent and equitable enforcement is a critical factor. Consistently overlooking employee infractions and then disciplining without warning is improper. For example, if employees are consistently allowed to smoke in areas designated as No Smoking areas, it is not appropriate to suddenly start disciplining them for this violation. In such cases, management loses its right to discipline for that infraction, in effect, unless it first puts employees (and the unions, when appropriate) on notice of its intent to enforce that regulation.</br></br> | ||
Singling out employees for discipline is another issue. If several similarly situated | Singling out employees for discipline is another issue. If several similarly situated | ||
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</br><b><li>Was the severity of the discipline reasonably related to the infraction itself | </br><b><li>Was the severity of the discipline reasonably related to the infraction itself | ||
and in line with that usually administered, as well as to the seriousness of the | and in line with that usually administered, as well as to the seriousness of the | ||
employee’s past record? | employee’s past record?</b> | ||
The following is an example of what arbitrators may consider an inequitable | The following is an example of what arbitrators may consider an inequitable | ||
discipline: If an installation consistently issues seven-day suspensions for a particu- | discipline: If an installation consistently issues seven-day suspensions for a particu- | ||
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Reasonable judgment must be used. An employee’s record of previous offenses | Reasonable judgment must be used. An employee’s record of previous offenses | ||
may not be used to establish guilt in a case you presently have under considera- | may not be used to establish guilt in a case you presently have under considera- | ||
tion, but it may be used to determine the appropriate disciplinary penalty. | tion, but it may be used to determine the appropriate disciplinary penalty.</li> | ||
</br><b><li>Was the disciplinary action taken in a timely manner?</b> | |||
Disciplinary actions should be taken as promptly as possible after the offense has | Disciplinary actions should be taken as promptly as possible after the offense has | ||
been committed. | been committed.</li> | ||
The Daugherty ‘Tests’ of Just Cause | </ol> | ||
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<b><u>The Daugherty ‘Tests’ of Just Cause</b></u> | |||
The definition of Just Cause stated in the EL-921 is based upon the benchmark definition | The definition of Just Cause stated in the EL-921 is based upon the benchmark definition | ||
developed and first stated by Arbitrator Carroll R. Daugherty in the Grief Brothers Coop- | developed and first stated by Arbitrator Carroll R. Daugherty in the Grief Brothers Coop- | ||