When it comes to discipline in a unionized workforce the most important concept to remember is just cause. Almost all labor contracts include a “just cause” provision. Basically this means that no person covered by that contract can be terminated without the company proving just cause for the termination.

How do you prove just cause? It’s not always cut and dried, but over time 7 key factors are often used by arbitrators – these are referred to as the 7 tests of just cause. Those 7 tests are:

• Was employee adequately warned of the consequences of his conduct?
• Is the company rule reasonably related to efficient and safe operation?
• Did management investigate prior to acting?
• Was investigation fair and objective?
• Was there substantial evidence of guilt?
• Punishment applied consistently?
• Punishment reasonably related to severity of offense and employee’s work record?

Any time you discipline an employee – and especially any time you plan on terminating an employee – it is vitally important that you consider and document how you followed each of these 7 steps.