Seven Tests of Just Cause1. The basic elements of just cause which different arbitrators have emphasized have been reduced by Arbitrator Xxxxxx X. Xxxxxxxxx to seven tests. These tests, in the form of questions, represent the most specifically articulated analysis of the just cause standard as well as an extremely practical approach. A “no” answer to one or more of the questions may mean that just cause either was not satisfied or at least was seriously weakened in that some arbitrary, capricious, or discriminatory element was present.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Bargaining Agreement, Collective Bargaining Agreement
