The following seven tests must be met any time management wishes to administer discipline, issue a warning or terminate an employee. These tests are used by the Union and by arbitrators to examine the appropriateness of disciplinary action taken.
1.NOTICE Did the Employer give the employee forewarning or foreknowledge of the possible or probable consequences of the employee’s disciplinary conduct?
2.REASONABLE RULE OR ORDER Was the Employer’s rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the Employer’s business, and (b) the performance that the Employer might properly expect of the employee?
3.INVESTIGATION Did the Employer, before administering the discipline to the employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?
4.FAIR INVESTIGATION Was the Employer’s investigation conducted fairly and objectively?
5.PROOF At the investigation, did the “judge” obtain substantial evidence or proof that the employee was guilty as charged?
6.EQUAL TREATMENT Has the Employer applied its rules, orders and penalties even handedly and without discrimination to all employees?
7. PENALTY Was the degree of the 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/her service to the Employer?
