AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
APPENDIX D Just Cause Standard
Just Cause Standard
The following questions will assist the parties in determining whether or not the “just cause” standard has been properly applied in instances involving the discipline or discharge of an employee as specified in Article 23 – Discipline and Discharge:
Did the Employer provide the employee with forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee’s conduct?
Is the Employer’s rule, order or policy at issue reasonably related to the orderly, efficient and safe operation of the Employer’s business, and to the performance that the Employer might properly expect of its employee?
Did the Employer, before administering discipline to the employee, make an effort to discover whether the employee did in fact violate or disobey a rule, order or policy of the Employer?
Was the Employer’s investigation conducted fairly and objectively?
During the investigation did the Employer obtain substantial evidence or proof that the employee engaged in the conduct for which the employee is being disciplined?
Has the Employer applied its rules, orders, and discipline for the infraction involved evenhandedly and without discrimination against the employee?
Was the degree of discipline administered by the Employer reasonably related to the seriousness of the employee’s offense and the performance record of the employee?
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