[Charles]

Originally Posted by d-ray657

I've been fortunate in my career to put several people back to work through the arbitration process. You have just described one of the important facets of just cause - notice. Performance based discipline needs to be progressive discipline - performance based discharges that are not preceded by progressive discipline will more often than not be overturned as an "ambush." (assuming the employee is one of that small minority of people who have the protection of a just cause provision in a collective bargaining agreement)

Not only is progressive discipline an important aspect of just cause from a labor law perspective, but it is really sound management. The cost of turnover is enormous. If a company can avoid the cost of finding and training a new employee by taking the time with an existing employee to correct performance issues, it serves the interest of both. I know that from a union perspective, employees who have been given adequate opportunity to correct performance/production issues and have failed to do so are not likely to see a grievance over their discharge proceed to arbitration.

Layoffs are tougher situations. Employees in those instances lose their jobs even when they have performed well. Sometimes, they lose their jobs because those above them in the food chain have not done their jobs well. The only good side of an economic layoff is that it carries with it no stigma of having been discharged for misconduct or poor performance, and thus has a lesser negative impact on future opportunities.

Good luck to all out there who are facing the uncertainties of the job market. I guess I'm "lucky." When our business is bad, I don't get laid off - I just work without getting paid.

Regards,

D-Ray

I do it a little different.

I pay to go to work.

Chas