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Seven Tests Of Just Cause


Example: Here it is obvious that workers have less rights inside the workplace than they would have in civil court, but still the boss must have real evidence, not guesses. Are you on Facebook? The union has a right to them. The notes section has a brief description of each case cited in the book and explains the significance of each.

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Seven Tests Of Just Cause

Schwartz covers scenarios such as sleeping on the job, dealing with substance abuse, friction with supervisors (how much verbal abuse is allowed?), off-duty conduct, computer misconduct, and other issues that stewards Yes. Example: A boss makes a rule that all employees must wear red tee shirts and they must be tucked in so they don't get caught in machinery. If you need a union — a good union — at your workplace, let us know a bit more about you and where you work and we'll be in touch.

The system returned: (22) Invalid argument The remote host or network may be down. Your cache administrator is webmaster. Example: The boss fires a worker for stealing and then demands evidence from the union that the worker isn't guilty. Daugherty's Seven Tests Of Just Cause Just Cause - Using the Seven Tests Here are the "Seven Tests" as to whether the boss has used "just cause" in discipline and discharge cases.

Under NLRB precedent, an employee who is attempting to enforce a union contract can venture beyond the usual boundaries of workplace etiquette (although not as far as can a union representative). User login Username * Password * Request new password Thank you for joining the UE Activist Net Do you need a union — a good union – at your workplace? Remember that just because an employer messes up on one of the seven tests, this doesn't mean we automatically win, but proving they screwed up helps a lot. http://www.seiu503.org/2011/05/just-cause-2/ Get Involved Search for: Skip to content Home About SEIU Board of Directors Committees Retirees Join SEIU Benefits Discounts Insurance Scholarships Political Action CAPE Calendar Media Photos Videos Contact Member Resource

Take ActionFIND US ON FACEBOOKSIGN UP FOR 503 MOBILE ALERTS Stay Connected Quick Links About SEIU Bylaws AP&P All Contracts Find your Steward Board of Directors Why join Just Cause Discipline And Discharge Share this page: Share on Facebook Tweet on Twitter Send an Email Printer-friendly version Related Dealing with Difficult Situations Grievance Procedure - Step 1 Information Requests Investigating Grievances Just Cause - The warning may be given orally or in printed form. He has spoken to our officers at the local, leaving us energized and informed and ready to go out and kick some management butt.

Just Cause Termination Of Employment

There are two parts to every discipline case. Before reading this book I thought that I knew all about “just cause” for discipline and the seven basic principles known as the Daugherty tests. Seven Tests Of Just Cause Your cache administrator is webmaster. Just Cause Termination Union Did the employee violate a known rule and what should the punishment be?

Did management investigate before administering the discipline? Ask for all the employers notes and records they used to make a decision. Were the rules, orders, and penalties applied evenhandedly and without discrimination? This probably wouldn't hold up. 7 Just Cause Principles

The investigation normally should be made before the decision to discipline is made. Schwartz cites real arbitration cases to show how each case was won or lost, and includes the case numbers so you can look them up, read the case history and testimony, If enforcement has been lax in the past, management cannot suddenly reverse its course and begin to crack down without first warning employees of its intent. Even if these words are missing from the contract, many arbitrators use this standard, anyway.

We at CWA 1298 have the distinct advantage of living near Robert Schwartz. Union Discipline And Employee Rights The book is an easy read and holds your attention, while teaching you how to be a better defender of your membership. Benefits Discounts Scholarships Political Action CAPE Calendar Media Contact [email protected] Reimbursement forms Membership applications News Archive Member Resource Center Agencies State/University DHS/OHA Institutions ODOT Specials Higher Ed Care providers Addus Adult

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The system returned: (22) Invalid argument The remote host or network may be down. Make the boss justify firing Joe. Is there sufficient proof that the employee is guilty of what they are charged with? 2. Seven Tests Of Just Cause Elkouri Disclaimer Dublin Website Design by ERROR The requested URL could not be retrieved The following error was encountered while trying to retrieve the URL: Connection to failed.

During an argument over a provision in the contract, a rank-and-file employee called her boss an “idiot.” Can we argue that her language is protected? The book gives tips on what you should do and what questions you should ask, along with what you should avoid. Example: If an incident happened does the employer interview everyone present or only management people who were present. Stewards must be ready to deal with situations of gross discrimination by the boss on who gets disciplined to dealing with union members who sometimes seem to go out of their

Don't let the boss start the meeting by saying to the union, " OK tell me why I shouldn't fire Joe". If employee A's past record is significantly better than that of employee B, the employer properly may give employee A lighter punishment than employee B for the same offense. Tomco - Protection for the Injured Worker Summary of Changes Made by SB 5 Contact Name*Email* Message © Livorno & Arnett Co. An employer decides to suspend Mary for taking too long at lunch, but lets the employees who eat lunch with a supervisor take extra time every day.

If you have questions about whether your employer had just cause for discipline, you should always contact your steward first.  If you do not know who your steward is or you Many arbitrators have gone so far as to hold all employers to a "just cause" standard, whether the contract uses the words or not. Was the employee adequately warned of the consequences of his conduct? Generated Wed, 30 Nov 2016 20:50:10 GMT by s_ac16 (squid/3.5.20) ERROR The requested URL could not be retrieved The following error was encountered while trying to retrieve the URL: Connection

Make sure that an employee's Weingarten rights aren't or weren't violated during the employer's investigation. Get any notes or records a foreman or supervisor might keep, even informal records. He lays out his version of the seven tests of just cause like this: Fair Notice: Workers have to know of the rule they are accused of violating. If the employer refuses to interview nonmanagement workers then the investigation may not be fair. 5.

Make them present all the facts and don't assume anything. It is not required that the evidence be preponderant, conclusive, or "beyond reasonable doubt," except where the alleged misconduct is of such a criminal or reprehensible nature as to stigmatize the Was the employer's rule or order reasonably related to efficient and safe operations?