Assessing Just Cause in the Workplace: A Union Advocacy Perspective on the Andrews Arbitration Case

Activities and Arbitration Assignment

This assignment requires you to take on the role of the union representative. You will write an argument appropriate for your role of union rep. that is to be read by the arbitrator as part of his/her decision concerning the arbitration. This assignment is based on: (1) independent research of arbitration jurisprudence (see below); (2) online course material; (3) the textbook; and (4) the assigned case.

For this assignment, we will be using the Robyn Andrews case in Appendix C of the text.  Make sure to use version 1 of the case (it is on page 418 of the printed text). Other versions of the case will not be accepted.

In order to understand the principles involved in the case it will be necessary to review relevant arbitral jurisprudence. Specifically, go to the library website and search for Labour Arbitration Cases (LACs). You must cite at least 2 of these cases as part of your arguments.

To access online library resources if outside the Memorial campus, you must first identify yourself as a Memorial user by using the Off-campus login. You will be prompted to enter your User ID or Alt ID as well as either your password or your 4 digit PIN number before you can access the articles. If you are having problems logging in, visit How to Access Library Resources from Home and follow the instructions.

The completed assignment should require a maximum of 10 typewritten, double-spaced pages (excluding references). To do well on this assignment, you will need to:

1. Demonstrate a sound knowledge of the elements of just cause.
2. Clearly present arguments appropriate for your assigned role of union rep.
3. Cite relevant jurisprudence (LACs) to support your argument.
4. Present your ideas in a clear manner (i.e., grammar, punctuation, style).
5. Use APA formatting for citations in the text and in the reference section at the end of the document. 

Assessment Requirements Summary

This assessment required the student to take on the role of a union representative and prepare a written argument intended for the arbitrator who would be deciding the Robyn Andrews case (Version 1 from Appendix C, page 418 of the course text). The task demanded the use of multiple academic and legal sources, including:

• Independent research into relevant Labour Arbitration Cases (LACs)

• Integration of online course material

• Reference to the course textbook

• Application of jurisprudence to the assigned Robyn Andrews case

• Inclusion of at least two LAC citations to support the union’s argument

• Demonstration of a clear understanding of the elements of just cause

• Presentation of a coherent, structured legal argument suitable for an arbitration decision

• Use of APA 7th edition for in-text citations and references

• Writing a maximum of 10 double-spaced pages (excluding references)

The assessment required students to interpret the case, build a union-focused narrative, apply just-cause principles, draw from arbitration precedents, and construct persuasive, evidence-based arguments.

How the Academic Mentor Guided the Student

The academic mentor provided structured guidance to ensure the student addressed every requirement of the arbitration assignment thoroughly and accurately. The mentoring process unfolded across several key stages:

Step 1: Understanding the Assessment Purpose

The mentor began by explaining:

• The essence of arbitration and the role of a union representative

• What an arbitrator expects in a written submission

• Why just cause, procedural fairness, and proportionality are central to labour arbitration cases

• The importance of grounding all arguments in jurisprudence, not opinion

This step ensured the student understood the assignment context before attempting any writing.

Step 2: Reviewing the Robyn Andrews Case (Version 1)

The mentor guided the student through:

• Identifying key facts

• Noting the employer’s allegations

• Highlighting the employee’s defence

• Determining procedural or investigatory flaws

• Recognising mitigating factors relevant to just cause

The student was shown how to separate facts, assumptions, and interpretation, which is essential in arbitration writing.

Step 3: Understanding the Elements of Just Cause

The mentor walked the student through the seven classic elements of just cause:

1. Notice

2. Reasonableness of rule

3. Investigation

4. Fairness of investigation

5. Proof of violation

6. Equal treatment

7. Appropriate penalty

The student learned how to evaluate the employer’s actions against these elements and how each could be applied to the Andrews case.

Step 4: Conducting Research on Labour Arbitration Cases (LACs)

The mentor instructed the student on:

• Using the university’s library portal

• Finding Labour Arbitration Cases (LAC) databases

• Selecting two relevant cases that aligned with the Robyn Andrews scenario

• Extracting arguments, principles, and legal precedents

• Translating jurisprudence into persuasive union-based arguments

This step ensured the student used authoritative legal standards in their submission.

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