Discipline and discharge
Download
1 / 12

Discipline and Discharge - PowerPoint PPT Presentation


  • 143 Views
  • Updated On :

Discipline and Discharge. Just Cause Synonyms “Cause” “Proper Cause” “Good Cause” Implied unless evidence indicates parties did not want it in the agreement Contractual In the absence of a contract, employment is “at will”. Reasons Constituting Just Cause.

Related searches for Discipline and Discharge

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Discipline and Discharge' - bran


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Discipline and discharge l.jpg
Discipline and Discharge

  • Just Cause

    • Synonyms

      • “Cause”

      • “Proper Cause”

      • “Good Cause”

      • Implied unless evidence indicates parties did not want it in the agreement

    • Contractual

      • In the absence of a contract, employment is “at will”


Reasons constituting just cause l.jpg
Reasons Constituting Just Cause

  • Employee Ability and Performance

  • Employee Conduct

  • Business Necessity


Employee ability and performance l.jpg
Employee Ability and Performance

  • Employer must supply necessary conditions to do the work

    • Tools

    • Training

    • Time

    • Safe Workplace

    • Raw Materials

  • Employee has responsibilities

  • No-Fault Discipline

    • Employee unable to work due to medical reasons


Employee conduct l.jpg
Employee Conduct

  • Fairness

    • Employee must know conduct is unacceptable

      • Employer must

        • Announce rules

          • Reasonable – related to operation of business

        • Announce Penalties

      • Egregious or violates societal norms

        • Theft

        • Fighting

        • Insubordination

  • Obey First, Grieve later, with exceptions

  • Off-duty conduct with a relationship to job


Elements of just cause l.jpg
Elements of Just Cause

  • Three Basic Questions

    • Did the grievant engage in the misconduct of which he/she was accused?

    • If so, was the grievant provided with due process?

    • If so, did the Employer take into account any mitigating circumtances?


Did the grievant engage in the misconduct of which he she was accused l.jpg
Did the grievant engage in the misconduct of which he/she was accused?

  • Burden of proof on the employer

  • Has the employer shown, by whatever evidentiary standard the arbitrator chooses to employ, that the grievant “did it.”

    • Preponderance of the evidence (51%)

    • Clear and convincing evidence (app. 65%)

    • Beyond a reasonable doubt (75%-80%)


Did the grievant engage in the misconduct of which he she was accused cont l.jpg
Did the grievant engage in the misconduct of which he/she was accused (cont.)?

  • Objective evidence

    • Employee records

      • Attendance

    • Drug Test results

      • Purity of sample

      • Chain of custody

      • Reliability of testing organization

    • Production Records


Did the grievant engage in the misconduct of which he she was accused cont8 l.jpg
Did the grievant engage in the misconduct of which he/she was accused (cont.)?

  • Non-Objective Evidence

    • Eyewitnesses

      • What did they see?

      • Are they biased?

      • Were they involved?

    • Observance of the Scene

      • May be clear what happened, but not why it happened

        • Damaged equipment

        • Employee altercation

      • Time between event and observance

      • Other possible explanations

    • Consistency of grievant’s explanation with evidence


Was the grievant afforded due process l.jpg
Was the Grievant Afforded Due Process? was accused (cont.)?

  • Elements of Due Process

    • Reasonableness of Rule/Related to Business

    • Awareness of consequences of actions

      • Awareness of Rules

      • Awareness of Potential Penalties

    • Full, Fair, and Unbiased Management Investigation

    • Reasonably specific charges with a link to rules

    • Timeliness in relation to offense

    • Union Representation if Requested

    • Consistent Enforcement of Rules

      • By Management

      • Among Employees – Disparate Treatment

    • Employee Privacy – reasonable cause

  • Progressive Discipline for Most Offenses


Mitigating circumstances l.jpg
Mitigating Circumstances was accused (cont.)?

  • Employee Length of Service

  • Employee Work Record Including Discipline

    • Subject to Any Contractual Provisions

  • Management/Supervisor Error or Fault

  • Employee Illness or Medical Condition

    • Employee attempts to address problem

  • Employee Apology or Contrition (likelihood of incident being repeated)


Issues in discharge cases l.jpg
Issues in Discharge Cases was accused (cont.)?

  • Off-Duty Misconduct

    • Must be link to the job

  • Sexual or Racial Harassment

    • Use of EEOC guidelines if no contractual definition

      • Repeated actions

  • “Last Chance” Agreement

  • “Obey First, Grieve Later”

    • General Obligation on Employee

    • Exceptions

      • Health and safety concerns

      • Nonrecurring event


Broad authority of arbitrator l.jpg
Broad Authority of Arbitrator was accused (cont.)?

  • Unless collective agreement limits authority of arbitrator, may

    • Deny Grievance in Full

    • Sustain/Grant Grievance in Part and Deny in Part

      • Reinstate without back pay

        • Evidence established grievant engaged in misconduct but there was a due process violation and/or mitigating circumstances

        • May be conditions on reinstatement

          • Example: Negative Drug/Alcohol Test and continue to be drug/alcohol free on job

      • Reinstate with partial back pay/reduction of penalty

        • Evidence established grievant engaged in misconduct but discharge not warranted

          • Mitigating circumstances

          • Disparate Treatment with respect to the penalty

      • Sustain/Grant Grievance in Full

        • Evidence did not establish grievant engaged in misconduct

    • Anything Else That is Appropriate to the Case


ad