The Seven Tests of Just Cause, a fundamental concept in labor relations, emerged in 1964 with the seminal work of labor arbitrator Carroll Daugherty (Daugherty, 1964). These tests provide a framework for arbitrators to assess the validity of disciplinary actions taken by employers within the context of union contracts that stipulate “just cause” as a requirement for discipline (UE, n.d.; Wiley Reber Law, 2020).
Key Facts
- The 7 steps of just cause are a set of criteria used by arbitrators to determine whether a disciplinary action taken by an employer is justified under a contract’s definition of just cause.
- The 7 tests of just cause were first written about by labor arbitrator Carroll Daugherty in 1964.
- The 7 tests of just cause are as follows (in summary form):
a. Is there a reasonable rule prohibiting the behavior (or mandating it)?
b. Was the rule made known to the employee prior to the violation?
c. Did an investigation take place?
d. Was the investigation fair?
e. Did the investigation reasonably prove that the misconduct took place?
f. Was the discipline commensurate in severity to the violation?
g. Have other employees been disciplined in a similar fashion for such a violation?
The Seven Tests
The Seven Tests of Just Cause are as follows (Schwartz, n.d.):
- Fair NoticeEmployers must establish and communicate rules prohibiting or mandating specific behaviors to employees before enforcing them.
- Prior EnforcementEmployers must consistently enforce rules to avoid selective or arbitrary discipline.
- Due ProcessEmployers must conduct fair and timely investigations, providing employees with an opportunity to present their case and respond to allegations.
- Substantial EvidenceDisciplinary actions must be supported by credible and reliable evidence that proves misconduct.
- Equal TreatmentEmployers must apply discipline consistently to all employees who commit similar offenses, unless there are valid reasons for disparate treatment.
- Progressive DisciplineEmployers should typically impose less severe disciplinary measures for minor offenses, reserving more severe penalties for egregious misconduct.
- Mitigating and Extenuating CircumstancesEmployers should consider factors that may lessen or aggravate the severity of an offense, such as an employee’s work history, mitigating circumstances, or aggravating factors.
Enduring Relevance or Evolving Standard?
While the Seven Tests of Just Cause have long been considered an essential standard in labor relations, some arbitrators have recently questioned their continued relevance (Wiley Reber Law, 2020). Some argue that the tests are too rigid and fail to account for the unique circumstances of each case. Others contend that arbitrators should focus on the most critical factors that ensure fairness and consistency in disciplinary actions.
Despite these challenges, the Seven Tests of Just Cause remain a widely recognized and influential standard in labor arbitration. They provide a framework for employers and unions to assess the fairness and validity of disciplinary actions, ensuring that employees receive fair treatment and that employers maintain a just and equitable workplace.
References
- Daugherty, C. R. (1964). Arbitration of discharge cases: A case study. Bureau of National Affairs, Inc.
- Schwartz, R. M. (n.d.). Just cause: A union guide to winning disciplinary cases. Labor Notes Store.
- UE. (n.d.). The seven tests of just cause. UE: The Union for Everyone. https://www.ueunion.org/stwd_jstcause.html
- Wiley Reber Law. (2020). The seven tests of just cause: An undying standard or thing of the past? https://wileyreberlaw.com/the-seven-tests-of-just-cause-an-undying-standard-or-thing-of-the-past/
FAQs
Who wrote the Seven Tests of Just Cause?
Labor arbitrator Carroll Daugherty first wrote about the Seven Tests of Just Cause in 1964.
What is the purpose of the Seven Tests of Just Cause?
The Seven Tests of Just Cause provide a framework for arbitrators to assess the fairness and validity of disciplinary actions taken by employers under union contracts that require “just cause” for discipline.
What are the Seven Tests of Just Cause?
The Seven Tests of Just Cause are:
* Fair Notice
* Prior Enforcement
* Due Process
* Substantial Evidence
* Equal Treatment
* Progressive Discipline
* Mitigating and Extenuating Circumstances
Are the Seven Tests of Just Cause still relevant today?
Yes, the Seven Tests of Just Cause remain a widely recognized and influential standard in labor arbitration, although some arbitrators have questioned their continued relevance in all cases.
How can employers use the Seven Tests of Just Cause?
Employers can use the Seven Tests of Just Cause to ensure that their disciplinary actions are fair, consistent, and supported by evidence.
How can unions use the Seven Tests of Just Cause?
Unions can use the Seven Tests of Just Cause to challenge disciplinary actions that they believe are unfair or unjust.
What are some limitations of the Seven Tests of Just Cause?
Some critics argue that the Seven Tests of Just Cause are too rigid and fail to account for the unique circumstances of each case.
What are some alternatives to the Seven Tests of Just Cause?
Some arbitrators have proposed alternative frameworks for assessing the fairness of disciplinary actions, such as focusing on the most critical factors that ensure fairness and consistency.