Just Cause Requirements
Management must establish just cause for any discipline by showing:
- Clear notice of rules
- Fair investigation conducted
- Sufficient proof of wrongdoing
- Consistent application of rules
- Appropriate penalty for the offense
- Progressive discipline followed
Types of Discipline
Listed in order of severity:
- Official Discussion
- Not discipline
- Private conversation
- Cannot be cited as prior discipline
- Letter of Warning
- First formal step
- Remains in file 2 years
- Subject to grievance
- Suspension
- 7 days or 14 days
- Must show more serious offense
- Requires prior discipline
- Removal
- Most severe
- Must have compelling justification
- Usually requires prior steps
Your Rights When Disciplined
You have the right to:
- Union representation
- Written notice
- Review evidence
- File a grievance
- Respond to charges (Day in court)
- Due process
When Discipline is Improper
Discipline may be improper if:
- No prior discussion for minor offenses
- Steps of progressive discipline skipped
- Investigation was incomplete
- Similar offenses treated differently
- Too harsh for the offense
- Untimely
What to Do If Disciplined
- Request union representation immediately
- Sign and date discipline (This is not agreeing to the discipline, only documenting when received)
- Remain professional
- Take detailed notes
- Save all documentation
- Contact your steward
Remember: Never refuse discipline, but sign “Under Protest” and contact your union representative immediately.
