Just Cause Guidelines
Just cause guidelines commonly used by arbitrators are as follows:
1. Notice. Did the Employer give to the employee forewarning or foreknowledge of the possible or probable consequences of the employee’s disciplinary conduct?
2. Reasonableness. Was the Employer’s rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the Employer's business, and (b) the performance that the Employer might properly expect of the employee?
3. Investigation. Did the Employer, before administering the discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?
4. Fair Investigation. Was the Employer’s investigation conducted fairly and objectively?
5. Proof. At the investigation, was substantial evidence or proof obtained that the employee was “guilty as charged?”
6. Equal Treatment. Has the Employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?
7. Penalty. Was the degree of discipline administered by the Employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in her or his service with the Employer?