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.

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.

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.

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.”

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.

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.

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.

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”.

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.

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