SEVEN TESTS OF JUST CAUSE Sample Clauses

SEVEN TESTS OF JUST CAUSE. The basic underlying principle in disciplinary cases is that the employer must have "just cause" for imposing the disciplinary action. A common test for determining whether "just cause" existed was developed by Arbitrator Xxxxxxx X. Xxxxxxxxx in the Enterprise Wire case (46 LA 359, 1966 and 50 LA 83). The guidelines appear in condensed form below. A "no" answer to one or more questions may mean that just cause wither was not satisfied or at least was seriously weakened in that some arbitrary, capricious, or discriminatory element was present.
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SEVEN TESTS OF JUST CAUSE. Just Cause/Seven Key Tests 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.

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