Episode 26: Just Cause Principle: Was a Thorough Investigation Completed?

This episode focuses on the fourth of six “just cause” principles in labor arbitration, emphasizing that a complete investigation encompasses more than just the investigative interview; it includes all steps leading to the disciplinary action. Several examples are given of inadequate investigations, highlighting instances where management failed to ask relevant questions during interviews, added questions and answers after the fact, or cited disciplinary reasons not previously discussed. Corey stresses the employee’s right to a fair opportunity to defend themselves against specific charges, emphasizing the need for shop stewards to carefully scrutinize investigative interviews and challenge shortcomings. A particularly explicit example of an inadequate investigation, involving a carrier’s use of profanity towards supervisors, is used to illustrate the point. The episode also addresses due process violations, such as the concurring official’s presence during the investigative interview, and the importance of raising procedural due process issues during the grievance process. Corey concludes by urging shop stewards to be vigilant in protecting employee rights and ensuring thorough investigations are conducted.

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