Question: using the 7 tests for Just Cause table below.Please be specific and thorough (but please answer using bullet points) SEVEN TESTS FOR JUST CAUSE Identified
using the 7 tests for Just Cause table below.Please be specific and thorough (but please answer using bullet points)
SEVEN TESTS FOR JUST CAUSE Identified by Arbitrator Carroll Daugherty in Enterprise Wire Company and Enterprise Independent Union, 46 LA 359
1. Was the worker given advance warning of the probable consequences of his conduct? a. Is the rule or standard that has been violated published? b. Is it posted somewhere? c. Has the employee received a copy of the rule or performance standard? d. Is the rule or standard stated in easy to understand wording e. Has the employee been warned previously (coaching or discipline)
2. Was the controlling rule, order or standard reasonably related to efficient and safe operations?
3. Was the alleged violation of the rule or order fully investigated before discipline? a. Consider a joint investigation with the union b. Involves interviewing others, reviewing documents
4. Was the investigation fair and objective
5. Did the investigation uncover substantial proof of guilt
6. Was the employer's treatment evenhanded and nondiscriminatory?
7. Was the disciplinary action reasonable related to the worker's records and the gravity of the offense?
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