Employer Legal Guides

Just Cause to 

Discipline or Discharge Unionized Employees

by Kainen, Escalera & McHale, P.C.

Just Cause to Discipline or Discharge Unionized Employees


Employers with unionized workforces have collective bargaining agreement that usually proscribe that discharge or discipline employees can only occur if the employer can establish “just cause” for doing so.  When analyzing and judging the employer’s evidence supporting any decision to discharge and/or discipline, arbitrators typically apply the so-called “Seven Tests of Just Cause.”

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