Just Cause
A key question in discipline cases is "Did management have
'just cause' for imposing the discipline?"

The "just cause" standard is written into most union contracts. Some contracts may use "cause," "proper cause,"reasonable and sufficient cause," etc. These usually mean the same as "just cause." Even if a contract does not use the words "just cause," an arbitrator may apply that standard anyway.

"Just cause," means that the employer...
· Had a good reason to discipline the worker
· Took action consistent with past practice
· Treated the worker as other workers would have been treated
· Took action that was appropriate for the particular offense

Past Practice

Past practice is a consistent and frequent pattern of conduct by the employer over a period of years, which benefits employees. Both management and the union must have known about and accepted the conduct. An example of a past practice is a 15-minute wash-up period at the end of a shift, not mentioned in the contract, that for years has been allowed by a particular employer.

If an employer tries to discipline someone who was following a well established past practice, you should file a grievance.