Misconduct MC 475 – Fact Finding Guide

Union Relations

1. To what labor organization does the claimant belong?
2. Does the union have a collective bargaining agreement with the employer?
3. For what union-related activities was the claimant discharged?
   1. If discharged for refusing to join or pay agency fee,
      • Did the collective bargaining agreement provide that union membership or fee payment is a condition of hire or continued employment?
      • Did the claimant know that he or she would be discharged if he or she refused to join the union or pay the agency fee? If not, why not?
      • Why did the claimant refuse to join or to pay agency fee?
   2. If discharged for nonpayment of union dues or fines imposed by the union,
      • Did the claimant know that nonpayment would result in discharge according to collective bargaining agreement? If not, why not?
      • Why did the claimant fail to pay the union dues or fines?
   3. If discharged for conducting union affairs,
      • For what specific activity was the claimant discharged?
      • Why did the claimant engage in this activity?
      • Did the activity occur on the claimant's own time and away from the employer's premises?
      • What were the provisions in the collective bargaining agreement and/or the employer's rules regarding such activity?
      • Had the claimant ever before engaged in union affairs on company time and/or property in violation of collective bargaining agreement or company rule?
      • Had the claimant ever been warned or reprimanded about other infractions? When were these warnings or reprimands?
   4. If discharged by the employer because of the union's insistence,
      • What specifically did the claimant do to cause the union to insist on his or her discharge? Dispute with union representative? Violating a union rule?
      • What reason does the claimant give for the activity causing his or her discharge?
      • Under the terms of the collective bargaining agreement, did the employer have a choice regarding the union's request to discharge the claimant?
      • Did the claimant's action also violate a standard of behavior owed to the employer?
   5. If discharged due to participation in a trade dispute,
      
      • Was there a "no strike" clause in the collective bargaining agreement?
      • What specific acts were committed by the claimant during the trade dispute which led to the discharge?
      • Does the claimant admit to committing these acts?
      • What reason does the claimant give for engaging in such activities?
      • What proof does the employer have to prove that the claimant committed the act?

        NOTE: "Proof" can be such things as reports from witnesses, police reports and court actions.

      • Did the claimant by word or gesture threaten, insult, intimidate any other person or in any way endanger the property of any other person?
      • Did the claimant's acts seriously impede the movements or work of other employees who were not engaged in the trade dispute?
      • Would the claimant's actions standing alone, independent of the trade dispute, have been considered unlawful acts?
      • Would the acts which the claimant allegedly committed constitute misconduct if the trade dispute were not in progress?

        NOTE: If not, those same acts would not constitute misconduct merely because of the existence of the trade dispute.

4. If the claimant was working under the maritime collective bargaining agreements, what was the limited number of consecutive days he or she could work on the ship?