Labor Law and Unionization
Just Cause Termination?
In this SLP assignment, you will prepare an essay based on a true-to-life scenario.
Imagine that you are working in an HRM department of a unionized facility. This is your second job in HRM and
your first in a union environment. There was a newly filed grievance in your mailbox. It concerned yesterday’s
discharge of employee George Klay.
As you get coffee from the empty break room you see a document titled “Using the Seven Tests” laying on the
table. Someone left it there. You pick it up, stick it in your binder, and return to your office to look at the
grievance form, the labor contract, and the “Using the Seven Tests” article.
The labor contract indicates that employees may not be discharged unless there is just cause. It will fall to the
company to demonstrate that there was “just cause” to discharge Klay.
The paper you found on the break room table was “Using the Seven Tests,” from
http://www.ueunion.org/stwd_jstcause.html
Klay’s situation was documented as follows by his supervisor:
Klay operated a machine in Building A. He usually was an average worker but working the past 4 weeks on
that machine in Building A he had made lots of mistakes on which products to accept and put in the box and
which to reject. The Plant Superintendent came into work in the middle of the night because the supervisor
called him. The supervisor checked Klay’s boxes and 6 out of 8 had faulty parts inside. The Superintendent
terminated Klay’s employment and walked him out the door.
In your paper, discuss the seven tests and how they relate to this situation. What further information will you
need to gather?
What immediate actions will you need to take concerning this situation? Discuss.
Would you be concerned about the “Seven Tests” if you were working in a union-free environment? Why?
Are the “Seven Tests” a viable gauge for employers to follow in their employee relations efforts when dealing
with employee discipline and terminations? Explain.
Utilizing background materials, library research, and/or other research will help strengthen your response.