SHOP STEWARD GENERAL CHECKLIST

DISCIPLINE:

(WHAT THE ARBITRATOR LOOKS FOR, SHOULD BE PREPARED FOR)

  1. 1) Was there sufficient PROOF or was management's action based on hearsay?
  2. 2) Did management INVESTIGATE AND VERIFY the charge BEFORE taking action or did they "shoot from the hip" first and investigate after the fact?
    1. a) Did grievant get "his day in court"?
    2. b) Was management's charge premature?
    3) Did management selectively STACK THE DECK by over emphasizing certain facts and points (perhaps taken out of context) while playing-down those factors which would favor the grievant so as to belatedly justify a charge?
  1. 4) Did management OVER-REACT (i.e.: react drastically or emotionally rather than objectively?)
  2. 5) Was the discipline PUNITIVE and VINDICTIVE rather than CORRECTIVE and REMEDIAL?
  3. 6) Was the discipline timely?
    1. a) Did it follow the alleged commission or omission within a logical and reasonable time?
    2. b) Did management wait until an incident occurred before suddenly clamping down?
  4. 7) Was the penalty consistent with the principle of PROGRESSIVE DISCIPLINE?
  5. 8) Was the grievant adequately INFORMED as to what level of PERFORMANCE OR COMPLIANCE would be expected of him or her?
  6. 9) Did the penalty violate any applicable and relevant provision of:

The Agreement (contract)

  1. • An addendum to the Agreement
  2. • A Supplementary Letter of Understanding (side Letter)
  3. • A policy
  4. • An Administrative Directive
  5. • A past practice
  6. • An applicable and relevant arbitration award
  7. • An applicable law

* Or was the penalty arbitrary, capricious, unjust, unfair, unreasonable, inequitable, or discriminatory?

* Or did the penalty otherwise adversely affect the welfare of the grievant, Union or the individual or the collective rights of the employees in the bargaining unit?

  1. 10) Did management apply it's rules, orders and penalties EVEN-HANDEDLY?
  2. 11) Did management punish EVERYONE for the infractions and deficiencies of a FEW?
  3. 12) Did management MAKE KNOWN to the Grievant prior to disciplinary him, what the RULE was that they charged him with violating?