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JUST CAUSE: THE SEVEN TESTS, 3RD EDITION, by SUSAN L. SMITH, KENNETH MAY AND DONALD F. FARWELL ADOLPH M. KOVEN
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- Sales Rank: #990350 in Books
- Published on: 2006-10-01
- Original language: English
- Number of items: 1
- Dimensions: 9.75" h x 6.50" w x 1.50" l, 2.00 pounds
- Binding: Hardcover
- 500 pages
Most helpful customer reviews
0 of 0 people found the following review helpful.
Four Stars
By texas star
just what I needed.
2 of 2 people found the following review helpful.
The best insight on basic arbitration principals.
By BLE373
Best text for the new labor representative. Has basic principals of what an arbiter looks for in a case. Plenty of landmark references. Good flow and organization. Recommended.
11 of 11 people found the following review helpful.
Just 'Cause We Want To?
By Gary L. Connely
There are very few labor contracts that don't place some limits on the Employer's right to discipline and discharge employees - whether those limits are stated as "just cause," "reasonable cause," "sufficient cause" or sometimes simply as "cause," they constrain the Employer from firing people "just 'cause we want to." The problem for labor relations professionals, and by that term I mean both Employer and Union representatives, is that the labor contract seldom defines what the parties meant by "just cause." But fear not! The fact that the parties haven't defined it, doesn't mean that there's not a definition - or more accurately, a set of questions, or tests that can be used by either party to determine whether there is just cause for discipline in any particular case.
The "seven tests of just cause," were originally formulated by Arbitrator Carroll Daugherty in 1966. Every labor relations professional learns them in infancy:
1) NOTICE: Did the Employer give to the employee forewarning or foreknowledge of the possible or probable consequences of the employee's disciplinary conduct?
2) REASONABLE RULE OR ORDER: Was the Employer's rule or managerial order reasonably related to a) the orderly, efficient and safe operation of the Employer's business, and b) the performance that the Employer might properly expect of the employee?
3) INVESTIGATION: Did the Employer, before administering the discipline to an employee, make an effort to to discover whether the employee did in fact violate or disobey a rule or order of management?
4) FAIR INVESTIGATION: Was the Employer's investigation conducted fairly and objectively?
5) PROOF: At the investigation did the "judge" obtain substantial evidence or proof that the employee was guilty as charged?
6) EQUAL TREATMENT: Has the Employer applied its rules even-handedly and without discrimination to all employees?
7) PENALTY: Was the degree of discipline administered by the Employer in a particular case related to a) the seriousness of the employee's proven offense, and b) the record of the employee in his/her service with the Employer?
There they are. Seven little tests. Pretty simple, right? Well, not necessarily - as Adolph Koven's almost 500 pages of discussion, examination and analysis amply demonstrate.
Mr Koven was an arbitrator, mediator and fact-finder for more than 40 years. "Just Cause: The Seven Tests" is the BEST, and certainly the most detailed, book on the subject available today. No labor relations professional should handle disciplinary grievances and certainly should not advocate disciplinary arbitration cases, without a solid understanding of just cause, and Mr Koven is the best teacher there is.
"Just Cause: The Seven Tests" uses each test as a primary topic heading. Mr Koven's exposition is both detailed and straight forward - he's writing for practicioners, not lawyers - and by the time he's done, there's very little chance that you'll have any unanswered questions, (notice I say "very little chance" - I've been doin' this work for 43 years - if there's one thing I've learned, it's that there's always something new...).
Bottom line: No matter which side of the table you happen to be on, if your labor contract sets a just cause standard for discipline, Adolph Koven's "Just Cause: The Seven Tests" should be in your library.
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