How does an arbitrator decide?

How does an arbitrator decide?

Seven Tests of Just Cause

Our contracts contain the very important words just cause. The concept behind just cause is very simple: what a reasonable person would think is right (or wrong).
Of course an arbitrator needs more specific guidelines. Hence, the Seven Tests of Just Cause:

Did the company warn the worker in advance of taking action?
Is there a clearly communicated work rule which covers the conduct and which is reasonable and related to the orderly, efficient and safe operation of the employer's business?
Did the employer investigate before taking action?
Was the investigation fair and objective? Does the supervisor serve as prosecutor, judge and witness all rolled into one?
Is there substantial evidence that the worker is guilty?
Has the employer been fair and even-handed in its enforcement of the rule(s) in question? Is there “disparate treatment?”
Was the degree of discipline related to the seriousness of the worker's offense and the worker's prior work record?

Related Links

Contracts Grievance FormStewards Manual Weingarten Rights