Terminate a Union Employee

Key Points

  • The majority of collective bargaining agreements require a union employee to be terminated "for cause" despite being an at-will employee. The concept of "for cause" is generally described as reasonable under circumstances, not offending notions of fairness and not unduly harsh or arbitrary.
  • In order to terminate a union employee, an employer must be careful to comply with each procedural requirement as set forth in the grievance procedure in the collective bargaining agreement.
  • If provided by the grievance procedure, an employee may appeal his or her termination to binding arbitration. At this stage, an arbitrator's decision is final.

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