2. Periodic reinforcement/coaching. Seven Tests of Just Cause: 1. Reasonable Rule: Was management’s rule reasonably related to efficient and safe operations? The employee must be made aware of, or should be aware of, the rule or standard of conduct that he or she is alleged to have violated, as well as the possible penalties. We see this primarily in a collective bargaining, union and management relationship. Consider the following checklist prior to issuing corrective action: 1. The Seven Elements of Just Cause (Modified by Robert Schwartz from the original tests developed by Arbitrator Carol Daugherty) 1. The seven steps to just cause discipline and/or dismissal have been used in the workplace for decades. The Seven Tests of Just Cause is not a however is an accepted industry wide standard in policy; determining corrective action. 3. Establish through: New employee orientation, Orientation checklist, Receipts for departmental handbooks. 2. Just cause is a common standard in labor arbitration that is used in the private sector labor union contracts in the United States as a form of job security. One of the main benefits of being a union member is protection from unfair discipline. Notice Prior to imposition of discipline, employee must have notice of rules and expectations. There are seven (7) tests … Download by Adolph M. Koven, Susan L. Smith Just Cause: The Seven Tests pdf into your electronic tablet and read it anywhere you go. Forewarning. Books in pdf and other formats are very convenient to read. Steward’s Guide – 7 Tests of Just Cause Discipline Case After the Employer has finished presenting the case against the member, ask questions to determine if their case satisfies the 7 tests of just cause based on the guide below. Past enforcement. Notice: Did management adequately warn the employee of the consequences of the conduct? When reading, you can choose the font size, set the style of the paragraphs, headers, and footnotes. Take notes under each item. Further, just cause is one of the main protections that differentiates Union nurses from at-will (non-Union) nurses, who can be terminated or disciplined for almost any reason. Investigation: Did management … All INA collective bargaining collective bargaining agree-ments have Just Cause provisions included. (Use a separate sheet if needed) 1. The guideline below is intended to assist the employer in determining the appropriate course of action in preventing and addressing workplace issues. Fair warning. In most contracts, employers are prohibited from disciplining an employee without “just cause.” This was established through the opinion of arbitrators in discipline cases as a set of guidelines or criteria to be applied to the facts of each discipline case and investigation process. Classic 7 Tests of Just Cause 1. Seven Tests of Just Cause Following the Seven Tests for Just Cause can help protect members from discipline or discharge. 2.

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