Arbitrator Carroll R. Daugherty has reduced the basic elements of just cause to seven steps. These tests represent a specifically articulated analysis of the just cause standard. They are meant to be a guideline to supervisors when disciplinary action is to be considered.
A “no” answer to one or more of the questions means that just cause was not satisfied or at least may have been seriously weakened. It also means that some arbitrary, capricious, or discriminatory elements may be present.
Notice: “Did the Employer give to the employee forewarning or foreknowledge of the possible or probable consequence of the employee’s disciplinary conduct?”
Reasonable Rule or Order: “Was the Employer’s rules or managerial order reasonably related to (a) the orderly, efficient, or safe operation of the Employer’s business, and (b) the performance that the Employer might properly expect of employee?”
Investigation: “Did the Employer, before administering the discipline, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?”
Fair Investigation: “Was the Employer’s investigation conducted fairly and objectively?”
Proof: “At the investigation, did the ‘judge’ obtain substantial evidence or proof that the employee was guilty as charged?”
Equal Treatment: “Has the Employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?”
Penalty: “Was the degree of discipline administered by the Employer in a particular case reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in his service with the Employer?”*