Hawaiian Airlines Contract

APPENDIX B

SEVEN STEPS FOR JUST CAUSE

Following arc the steps which arbitrators will consider when determining if there was just cause for disciplinary action.

Adequate notice: Did the Company give to the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee's conduct?

Reasonable rules: Was the Company's rule or managerial order reasonably related to the orderly, efficient, and safe operation of the Company's business?

1. Fair investigation: Did the company, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?
2. Opportunity to respond: Was the Company's investigation conducted fairly and objectively?
3. Substantial proof: At the investigation did the judge obtain substantial evidence or proof that the employee was guilty as charged?
4. Equal treatment: Has the Company applied its rules, orders, and penalties evenhandedly and without discrimination to all employees?
5. Appropriate penalty: Was the degree of discipline administered by the company in a particular case reasonably related to (a) the seriousness of the employee's proven offense and (b) the record of the employee in his service with the company?

From Just Cause The Seven Tests, by Adolph M. Koven and Susan L. Smith, Second Edition Revised by Donald F. Farwell, published by The Bureau of National Affairs, Inc., (1992) and Arbitrator Daugherty in the Enterprise Wire Compa