There’s a saying in the labor movement: “With a union, your boss can’t fire you without just cause. But without a union, your boss can fire you just ‘cause.”
So what is just cause?
Just cause is one of the most important parts of a union contract and marks a major difference between union and non-union (“at-will”) workers. Just cause provisions prevent management from unfairly punishing workers by putting strict conditions on bosses who want to discipline employees, such as suspensions and firings.
Without just cause, an employer could fire workers for any reason. A boss could play favorites, pit employees against each other, fire higher paid staff, and overall undermine the integrity of the union.
The Seven Tests of Just Cause
Under a union contract with just cause, management must be able to answer “yes” to the following seven questions if they want to discipline an employee:
- Was the worker adequately warned of the probable consequences of his/her conduct?
- Was the employer’s rule or order reasonably related to the efficient and safe operation of the job function?
- Did management investigate before administering the discipline?
- Was management’s investigation fair and objective?
- Did the investigation produce substantial evidence or proof that the worker was guilty of the offense? In other words, does management have receipts?
- Has the employer applied its rules, orders and penalties evenly and without discrimination?
- Was the amount of discipline reasonably related to the seriousness of the offense and the worker’s past service and record? Did the “punishment fit the crime?”
A “no” answer to one or more of the questions indicates management’s action was arbitrary, capricious and/or discriminatory in one or more respects. The union can argue that management did not have just cause to take the disciplinary action.
However, it is important to note that not all arbitrators apply these rules as written. Our union will insist that employers meet each of these tests as written, while keeping in mind that an arbitrator may see things differently. Just Cause is a powerful tool but one that is still subject to interpretation.
Learn more about just cause: Using ‘Just Cause’ to Defend Against Unfair Discipline by Robert M. Schwartz, Labor Notes, January 15, 2019
Example: Kroger Shop Steward Awarded Back Pay After Unjust Firing
When a UFCW Local 400 member faces unjust discipline, our union uses the just cause provisions of our contract to defend the member. For example, Kroger falsely accused one of our shop stewards in Kingsport, Tenn. of holding back marked-down items for herself, rather than putting them on the shelves. But she had done no such thing. In fact, she received glowing reviews, was never written up, was never late and hadn’t even taken a sick day for 25 years. But Kroger suspended her anyway. After working with her union rep to file a grievance against the company, Kroger ultimately agreed to allow Judy to go back to work and gave her full back pay of $3,500 for the five-and-a-half weeks she was suspended.