Insubordination is a capital offense in most rulebooks. Employers will always take the stand that they cannot countenance an employee who flouts or ignores the direction or order of a supervisor. Our goal is never to allow our members to find themselves in the jeopardy of insubordination. Nevertheless, when a member is charged with insubordination, the steward needs to investigate the incident thoroughly. Here are some basic questions to start with.

1. Was grievant actually given a DIRECT ORDER (or merely instructions, suggestions, or advice)?

2. Was grievant AWARE that he/she was given a direct order?

3. If so, was the order CLEAR?

4. Was grievant’s alleged failure to comply INTENTIONAL?

5. Was grievant given adequate FOREWARNING of the possible consequences of his/her alleged refusal to carry out the order?

6. Was the order reasonable and necessary to the SAFE, ORDERLY, and EFFICIENT operation of the organization?

a. Did it violate:

• The agreement? (“contract”)
• An addendum to the agreement?
• A supplementary letter of understanding? (“Side Letter”)
• Policy?
• An administrative directive?
• A past practice?
• An applicable and relevant arbitration award?
• An applicable law?

b. Did the order threaten to cause undue hardship or irreparable harm?

c. Did the order threaten to endanger the health or safety of the grievant?

d. Would the order force the grievant to violate the law?

e. Was the order arbitrary? capricious? unjust? unfair? inequitable? unreasonable?

f. Did the order otherwise adversely affect the welfare of the grievant or the union?

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