Sorting Shades of Grey: When do management actions constitute discipline?

An employer’s management rights entitle it to make rules, set standards, supervise employees, issue performance appraisals, and conduct workplace investigations into possible misconduct, except insofar as the scope of these actions is limited by the collective agreement. At the same time, employees in unionized workplaces are protected by an overarching right not to be disciplined or discharged without just cause. This right is often supported by procedural protections, such as union representation at disciplinary hearings. This session will provide workplace parties with the practical tools needed to differentiate actions that are “administrative,” or non-disciplinary, from those that are disciplinary, and to determine what practices and procedures flow from these characterizations. In particular, experts will provide guidance on a number of concerns