HR Badge #03: Collective Bargaining Agreements-HR Badge #3

Video Transcription

Video Summary

Attorney Jason McKay (Stevens Clay Law Firm) explains key collective bargaining agreement (CBA) provisions and common pitfalls for supervisors, with knowledge checks and a final assessment.

He focuses on eight frequent CBA topics: just cause, progressive discipline, employee notice requirements, Weingarten rights, Loudermill due process, seniority (including “seniority bypass”), personnel files, and grievances.

For <strong>just cause</strong>, he outlines the classic seven tests: notice to the employee, a reasonable rule, a fair and objective investigation, proof (preponderance of evidence), equal treatment (with context such as prior record), and an appropriate penalty. He stresses thorough investigations, consistent enforcement of rules, and checking personnel files before disciplining.

For <strong>progressive discipline</strong>, CBAs may list steps (verbal warning → written reprimand → suspension → termination), but employers can <strong>skip steps for egregious conduct</strong>.

A major “trap” is <strong>employee notice</strong> clauses requiring prompt notice of complaints (e.g., within five workdays) or the complaint may be unusable for discipline—so supervisors should notify HR immediately.

He differentiates <strong>Weingarten</strong> (right to union representation during investigatory interviews that may lead to discipline) from <strong>Loudermill</strong> (notice and opportunity to respond before suspension/termination). He also covers seniority-based hiring rules, personnel-file insertion/removal limits, and grievance procedures emphasizing strict timelines and written responses.

Keywords

collective bargaining agreement (CBA) supervisor training

just cause seven tests

progressive discipline steps and skipping for egregious conduct

employee notice requirements for complaints

Weingarten rights union representation investigatory interviews

Loudermill due process pre-disciplinary hearing

seniority rules and seniority bypass

grievance procedure timelines and written responses