JUST CAUSE - What is it and why does it matter?
Posted Oct 29, 2024
While we’re still bargaining for our first contract, there are a few sections of language that it’s safe to bet will be in our final agreement with management. One of those sections concerns discipline, including when it’s appropriate for management to impose discipline and what sort of consequences are appropriate for missteps on the job. A major component of that section covers just cause protections.
Even the best nurses can make mistakes, which is why most union contracts include language protecting workers from discipline without just cause. That means your employer can’t discipline you for any reason; under your union contract, Confluence will need to prove they’ve met seven specific standards to demonstrate they have just cause for disciplining a nurse in our bargaining unit. Unless they prove they meet all seven standards, they would not have just cause for discipline and could not penalize a nurse under your contract.
Those seven standards are:
(1) Management must give employees fair notice of the rule they’re accused of violating. Management must show that you knew about a rule before they can discipline you for violating it. They might do this through mandatory trainings, classes during orientation, or by distributing a rule via email to all employees.
(2) The rule must be reasonable. Management doesn’t have just cause for discipline if they’re enforcing an unreasonable rule, even if you knew the rule exists. If your manager is trying to enforce a rule that doesn’t make sense for your unit, it might not be a reasonable rule.
(3) Management must have done a thorough investigation before imposing discipline. If management did only a partial investigation before disciplining you or if crucial evidence of a violation only turned up after you were disciplined, they did not complete a thorough investigation before disciplining you.
(4) Management’s investigation must have been fair and objective. If your manager only talked to other managers or didn’t talk to everyone who witnessed the alleged violation, they have not completed a fair and objective investigation.
(5) Management must have proof the violation actually occurred. If management disciplines you because they have a hunch you’ve violated a rule but no proof, they have not met the standard for just cause.
(6) Management must have enforced the rule evenhandedly. If management has never enforced this rule before or imposed less serious penalties in the past, they have not met the standard for just cause. Likewise, if management is harder on some employees than others when it enforces this rule, it’s not applying the rule evenhandedly and does not have just cause.
(7) The penalty must be proportionate to the violation. Management must take things like the seriousness of the rule they’re alleging you’ve violated and your length of service into account when it decides to impose discipline. If you’ve received a serious penalty for a minor violation or for your first offense after a long history as an employee in good standing, your employer may not have just cause for discipline.
Just cause protections are one of the biggest benefits of union representation, and by knowing how it works we can make best use of our rights under our first contract. For more on how to enforce your rights and help us get to the finish line on our first contract, reach out to one of your WSNA officers today!
Mares Family Photo Raffle contest!
We want to take some time and remind ourselves why we are here. The nurses at Mares are a family and stand together for a fair contract addressing the issues important to them. Let’s have some fun! Keep sending in pictures of your kids, pets and coworkers!
3 $50 Pybus bucks to give away! Please send your photos to mares@wsna.org.
Member Spotlight: Meet GI nurse Mary Kerr!
Hello fellow Mare’s dwellers! My name is Mary Kerr. My ambition as a child was to become a nurse and a mom. 😊 I have now been an RN for 37 years and my career as an RN has been amazing. My favorite part of being a nurse has always been patient care.
My husband and I have two children that are now young adults. Angela is 21 and Robert is 19. I’m honored to be their mom and love that role.
I came to Wenatchee Valley Clinic, now known as Confluence Health Mares Campus, in 1998. The first unit I worked on was in the PACU. Later I moved into the OR as a Circulator, and I am now on the 4th floor in GI where I have been since 2011.
I have seen so many changes in my time here at Mares. The most exciting and well overdue is that the nurses at Mares are now represented by WSNA.
When I first came here, the mention of a Union was a very distinct no and was not to be discussed. Although I am nearing the end of my nursing career, it is very exciting to see the tides change, and for my friends and colleagues at Mares to have a voice!
My ask of you is to get involved, ask questions. Every nurse at Mares should know what their rights are. Please go and observe bargaining. Your team is amazing and working so hard on behalf of all the nurses. Your presence makes a difference. And will be much appreciated!
Join WSNA as a voting member!
Membership in WSNA still matters. As we near the finish line there are many important issues, we still need to reach a tentative agreement on with Management. Become an eligible voting member today and help the bargaining team get there!
Mark that Calendar:
Future bargaining dates
11/15/24
11/19/24
In Solidarity,
Your Bargaining team
Chris Gallup, OR, Co-Chair
Marshall Snoddy, OR, Co-Chair
Megan Baute, GI, Secretary
Caitlin Orange, GI, Treasurer
Mateo Maestas, OR, Grievance Officer
Rochelle Mason, ED, Membership Officer
Waikele Frantz, Rehab/ Medsurg, Unit Liaison
Questions/Concerns Contact Laurie Robinson, WSNA Nurse Representative, 206-620-4136, lrobinson@wsna.org.
For more information on how you can get involved contact Jenny Galassi, Nurse Organizer, 206-707-2948, jgalassi@wsna.org.