The Employer. To allow a merger of these terms benefits the employer and hurts the employee. occasionally, local managers use unauthorized and prohibited methods to discipline employees. This is the final step of progressive discipline or perhaps the first and only appropriate step for serious offenses. Just Cause Challenges JC - 9 this chapter reviews the provisions of article 16, sections 2–8 which establish the authorized forms of dis-cipline. In that case, an employee was fired for failing to perform tasks as instructed by their employer. The employee knew of the employer’s policy. DISCIPLINE & DISCHARGESection _5.1 PROGRESSIVE DISCIPLINE/JUST CAUSE FOR DISCIPLINE. The primary purpose of progressive discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists. reserves the right to discipline or discharge any covered employee for just cause… The concept of progressive discipline does not require that you use all the actions described above, but you will usually be expected to use more than one type in your attempt to correct the employee's performance or behavioral problems, because discipline should normally be progressive. Progressive discipline is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. It also allows the arbitrator to apply a lower quantum of proof. What Is a Progressive Discipline Policy? A verbal warning is one that is more informal. Progressive discipline is different than corrective discipline. In 1964, professor and arbitrator Dr. Carroll Daugherty developed a seven-part standard upon which the discipline or discharge of an employee is analyzed and can be upheld as a just cause action if management can affirmatively answer the following seven questions: 1. Unlike due process, discipline under just cause requires the district to be able to prove all elements of the case in determining if the “punishment fits the crime.” A progressive discipline policy is one that has a clear progression of disciplinary actions that will be taken when an employee violates the work rules. For example, a typical progressive disciplinary policy might include steps like this: Verbal warning. Progressive discipline is the process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so. 6. a Just as with criminal cases in the courts, employers cannot rely entirely on circumstantial evidence or make judgments based on no facts or ambiguous facts. The general “just cause” standard is a by-product of a case decided in 1966. principles of “just cause” and “progressive” discipline which are the subject of chapter 2, below. Just cause can include up to seven elements – the most important element is determining if the discipline is fair and appropriate. The underlying principle of sound progressive discipline is to use the least severe action that you believe is necessary to correct the undesirable situation. For example, finding contraband near an employee's workstation is not just cause for discipline; the employer must find evidence connecting that worker to the contraband. 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