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Under our current contract, Student Employees at Western Washington University are guaranteed just cause protections for all disciplinary / termination actions. Any disciplinary actions taken against student employees must meet the 7 Tests of Just Cause:

• Reasonableness of Rule:
  Is this a normal rule for a workplace of this type? Policies must be standardized and reasonably within the employer’s control. It is reasonable to expect employees to show up on time, it is not reasonable to control how employees get to campus.
• Adequate Warning / Fair Notice:
  Employees must be warned of consequences and progressive discipline steps must be followed. Supervisors must utilize low-level discipline including verbal and written warnings before moving to severe discipline such suspension or termination, except in extreme cases
• Completeness of Investigation:
  Was the situation investigated fully before discipline was pursued? Were all avenues exhausted, or was the employee unfairly targeted? Are elements of the situation disputed by either party?
• Objectivity of investigation:
  Was the investigator biased? Did they have a reason to target the grievant?
  Note: Most formal investigations at WWU are handled by HR to ensure objectivity
• Proof of Infraction:
  Is there significant evidence against the employee, or just their supervisor’s claims? Does the employee dispute part or all of their supervisor’s claims, and can they support that?
• Proportional Discipline:
  Is the discipline being taken reasonable and proportional to the alleged offense? It’s generally not fair to fire someone for being five minutes late, but a no-call-no-show may permit termination under specific circumstances
• Uniformity of Rule Application / Prior Enforcement:
  Has everyone who broke the rule / participated in the alleged violation been disciplined equally? Are there extenuating circumstances to justify different discipline, or is the supervisor biased? Is there a pattern of disproportionate enforcement of policies?

If you or a coworker have been disciplined or terminated, please email ace@wawu-union.org. We want to investigate these cases fully to ensure that our member’s rights are being respected, even if the situation is not disputed.

Just Cause Handout

Disciplinary action can take many forms according to the following discipline ladder (14.5). Discipline must start at a low level and progress to more severe actions if the behavior persists, and any action taken by the Employer must be in reasonable proportion to the alleged offense.

1 – Verbal Warning
2 – Written Warning
These should be dedicated conversations with the Employee and Supervisor, noting the problematic behavior, required steps to resolve the situation, a deadline, and a clear outline of the consequences of continuing the behavior.

Western Academic Workers United and the Employee MUST be notified of any disciplinary actions in writing and provided two weeks to request a conference with the supervisor to discuss the discipline prior to the reprimand being placed in the Employee’s file (14.6)

3 – Suspension Without Pay

4 – Internal Transfer

5 – Termination

Serious disciplinary actions may only be taken in proportion to alleged offenses, and only after other avenues to resolve the behavior have been exhausted.
Western Academic Workers United and the Employee MUST be notified of the contemplated action regarding suspension or termination in writing (14.7.1), including
– A statement of reasons for the contemplated action
– The nature of the alleged violation
– The level of discipline contemplated
– Notice of a right to a pre-disciplinary meeting at least 3 business days after the notice is provided
– Notice of the right to Union representation

Under the NLRB v. J. Weingarten (1975) Supreme Court decision, organized employees have the right to union representation during investigatory interviews that they reasonably believe could lead to disciplinary action.

During investigatory interviews, union representatives must be given the opportunity to ask questions, offer additional information, and counsel the affected employee (Article 14.8.2).

Progressive Discipline Handout