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Just Cause

The concept behind just cause is very simple: what a reasonable person would think is right (or wrong). Union contracts prohibit discipline or termination without just cause.
What does just cause mean in practice? If you believe you have been disciplined or terminated without just cause, you can contact your union steward for help filing a grievance. Most grievances are resolved directly with your employer. However, if you are unable to come to an agreement with your employer, the grievance may go to arbitration. This means your employer and SEIU Local 503 will mutually agree on a neutral, third-party arbitrator. The arbitrator will hear your case and make a decision, which will be legally binding on both the employer and the union.

These are the Seven Tests of Just Cause, which arbitrators use in making decisions.
  1. Did the company warn the worker in advance of taking action?

  2. 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?

  3. Did the employer investigate before taking action?

  4. Was the investigation fair and objective? Does the supervisor serve as prosecutor, judge and witness all rolled into one?

  5. Is there substantial evidence that the worker is guilty?

  6. Has the employer been fair and even-handed in its enforcement of the rule(s) in question? Is there “disparate treatment?”

  7. 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 Forms
Stewards Manual
Weingarten Rights