Just Cause: The Seven Tests 
asked by guitarplayer on November 18, 2006 1:23 AM
Actual and hypothetical examples reveal how arbitrators interpret and decide workplace disputes.
Using criteria developed by master arbitrator Carroll R. Daugherty, the authors thoroughly examine the reasoning behind arbitration awards in discipline and discharge cases brought under a labor agreement. This is an ideal general guide plus an excellent aid for determining what (if any) disciplinary action is warranted in particular situations.
You get explanations and illustrations of each of the seven tests—notice, reasonable rules and orders, investigation, fair investigation, proof, equal treatment, and penalty—with real-life examples and references to arbitrated cases.
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No employer should ever accept the "Seven Tests" as the standard for just cause; it is the arbitral equivalent of "reasonable doubt" and much too great a burden. Many public employers have foolishly incorporated this standard into their rules, their training, and even into their labor agreements. If you're in charge, eliminate any reference to it. Most experienced arbitrators will not apply this standard unless it is articulated in the agreement or one party, usually the union, proposes it and the other accedes. For a management representative in collective bargaining and labor arbitration the Seven Tests is at best a know your enemy course. It gets the two stars because it is informative and well written, just wrong.
reviewed by waltersmith on November 24, 2006 11:56 AM
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this book is excellent for practicioners, and individuals who serve on boards of adjustment, or merit system grievance panels.
reviewed by wellness on November 25, 2006 5:04 PM