Discipline and Just Cause
The Seven Tests for Just Cause
Your collective bargaining agreement protects non-probationary employees from being disciplined unless the employer has "just cause" for the discipline. Essentially, "just cause" means that the discipline must be fair and justified. In evaluating whether an employer had just cause for disciplining an employee, a common set of factors known as "The Seven Tests" is often applied to the discipline. These tests are factors to be taken into consideration. Whether or not an employer had just cause for a discipline depends on the facts and circumstances, and the degree to which the employer adhered to these principles of proper discipline. The Seven Tests are as follows:
1) Notice: Was the employee adequately forewarned of the consequences of his or her conduct? For example, if an employer disciplines an employee for making changes to her school computer software, where the employer did not tell the employee that changing school computer software could result in discipline, the employer did not give proper notice to the employee.
2) Was the employer's rule or order reasonable related to safe and efficient operations? For example, a rule mandating that all employees refrain from posting political signs in their homes, so that community does not preceive the District as supporting particular candidates, would be unrelated to the District's operations (and may in addition violate rights to freedom of expressions.)
3) Did administration investigate before imposing discipline? For example, if a District disciplines a janitor after a student reports that the janitor was napping during work time, and the administration does not first speak to the janitor, then the administration there did not investigate.
4) If the administration conducted an investigation, was the investigation fair? For example, if an administrator says to an employee during an investigatory interview based on a student complaint, “We know you are guilty, so why not just admit it,” that indicates the administration was prejudiced and already concluded guilt before it gathered all the evidence.
5) Did the employer prove the allegation? An employer must prove its allegation. Rumors and hearsay are not evidence – there must be proof of the allegation. For example, an employer who disciplines an employee because an administrator “has heard” that the employee has been coming to work late has not furnished actual proof.
6) Did the employer treat the employee equally? An employer cannot single out a particular employee. For example, if it is common and generally accepted for teachers to arrive after the start of the contract day, but before first class, if an administrator disciplines the Association President for coming in late, that would not be equal treatment.
7) Does the discipline fit the allegation? The discipline that an employer imposes must be appropriate for the allegation. For example, it would be inappropriate for an employer to fire an employee who used inappropriate language in the classroom. The administration must first raise the issue with the employee, and warn the person that the District may discipline him or her in the future if it happens again.
