Episode 27: Just Cause Principle: Was the Severity Reasonably Related to the Discipline Itself?

This episode continues the discussion of “just cause” principles in labor arbitration. Corey is focusing on the third of six sub-questions related to just cause: “Was a thorough investigation completed?” He explains that this principle is crucial because it protects employees from disciplinary actions based on insufficient investigations. He emphasizes that the investigation needs to be thorough and objective, and that any accusation made should be substantiated by evidence. He also highlights the need for the union to challenge management when they fail to conduct a thorough investigation, particularly when the supervisor or a higher-level manager fails to follow proper procedures.

 

Corey provides several examples of how management has failed to conduct thorough investigations and how these failures can be used to win grievances. He stresses the importance of the shop steward’s role in advocating for their brothers and sisters, especially in situations where management is not being fair or transparent. Corey concludes by urging shop stewards to be vigilant and to use their knowledge of just cause principles to defend their union members.

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