Grievancerules - -Progressive discipline 4 Is the policy too broad or too vague-Axiom Work Now Grieve Late unless illegal or unsafe 5 Was policy

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GRIEVANCE ARBITRATION FOUR CORNERS RULE Leave laws--constitution outside where possible RELATIONSHIP TO CONTRACT Get parties to agree on article/articles at issue Arbitrator will go as narrow as possible 1. SUFFICIENT EVIDENCE THAT THE ALLEDGED OFFENSE OCCURRED?
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1. Relevance of contract language 2. Substantial evidence that the offense occurred Preponderance of the evidence Just Cause Standard a. Misfeasance: Work done incorrectly out of compliance with standards b. Malfeasance: violation of law or policy or work standards c. Non-feasance
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3. Is the policy reasonable? -Notion of industry standards
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Unformatted text preview: -Progressive discipline 4. Is the policy too broad or too vague?-Axiom: Work Now Grieve Late unless illegal or unsafe 5. Was policy applied in a discriminatory or arbitrary fashion?-no selective punishment 6. Grievant awareness of policy opportunity to change behavior before adverse action? 7. Are there extenuating circumstances? 8. Is the punishment reasonable given the action in question? SYLVIA’S RULE: Do you possess sufficient documentation of behavior?-And management’s action?-Can you demonstrated due process was given?...
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This note was uploaded on 09/08/2010 for the course PADM 295 at San Jose State University .

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Grievancerules - -Progressive discipline 4 Is the policy too broad or too vague-Axiom Work Now Grieve Late unless illegal or unsafe 5 Was policy

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