Shawn's Server

This page is read only. You can view the source, but not change it. Ask your administrator if you think this is wrong.
====== Just Cause 101: The Seven Tests of Discipline ======

Under **CBA Article 16.1**, Yakima Valley Libraries agrees that all discipline must meet the standard of **Just Cause**. 

If management fails to satisfy even **one** of these seven tests, the union has strong grounds to file a grievance to overturn the discipline.

===== 1. Notice =====
**The Question:** Did the employer give the worker forewarning of the possible disciplinary consequences of the worker's conduct?
  * **What this means:** Rules must be clear. If you have been performing a task a certain way for years without complaint, or if your last appraisal was satisfactory, management cannot suddenly discipline you for that behavior without first providing a warning and an opportunity to correct it.

===== 2. Reasonable Rules =====
**The Question:** Was the employer's rule or managerial order reasonably related to the orderly, efficient, and safe operation of the Library?
  * **What this means:** Management cannot issue "trap" orders—such as telling an employee to put a project "on hold" and then disciplining them for not meeting the original deadline for that same project.

===== 3. Investigation =====
**The Question:** Did the employer, before administering discipline, make an effort to discover whether the worker did in fact violate a rule?
  * **What this means:** A fair investigation must happen **before** the decision to discipline is made. Management should not "decide first and investigate later."

===== 4. Fair Investigation =====
**The Question:** Was the employer's investigation conducted fairly and objectively?
  * **What this means:** The person conducting the investigation should be impartial. If the supervisor involved in the dispute is also the one "investigating" the facts, the process may be compromised.

===== 5. Proof =====
**The Question:** Did the investigation produce substantial evidence or proof that the worker was guilty as charged?
  * **What this means:** Vague claims like "poor communication" or "bad attitude" are rarely enough. Management needs "receipts"—timestamps, logs, and specific documents. 
  * **Pro-Tip:** This is why we encourage members to keep a **Personal Work Log**. Your records are the best counter-evidence to a weak claim.

===== 6. Equal Treatment =====
**The Question:** Has the employer applied its rules and penalties even-handedly to all workers?
  * **What this means:** If three people make the same clerical oversight but only one is placed on a PIP or terminated, management has failed this test.

===== 7. Proportionality (The Penalty) =====
**The Question:** Was the degree of discipline reasonably related to the seriousness of the offense and the employee's record of service?
  * **What this means:** This is vital for our long-term staff. A minor oversight that causes a brief delay should result in coaching or an oral warning for a long-term employee, not termination. The "punishment must fit the crime".



===== What to do if you are facing discipline =====
1. **Invoke Weingarten:** Ask for a Union Rep immediately.
2. **Review the Checklist:** Use these 7 tests to look for holes in management's case.
3. **Watch the Clock:** You have **15 calendar days** to file a grievance.

[[yvl_united:start|Back to Resources]]