The arbitrator's checklist for whether discipline was fair.
Arbitrator Carroll Daugherty's seven questions, widely used to judge whether discipline meets the "just cause" standard in a union contract. A "no" on any one test usually means the discipline doesn't hold up.
When to use it
Evaluating or defending a disciplinary grievance — and before management issues discipline.
How to use it
1Notice — was the employee forewarned of the rule and its consequences?
2Reasonable rule — is the rule reasonably related to the operation?
3Investigation — did management investigate before disciplining?
4Fair investigation — was it objective and complete?
5Proof — is there substantial evidence of the offense?
6Equal treatment — has the rule been applied consistently?
7Appropriate penalty — does the penalty fit the offense and the record?
Takeaway
Just cause is due process — fail one test and the discipline usually fails.
Source: Daugherty's Seven Tests of Just Cause (arbitration standard)