Q: An employee makes etchings/markings on a piece of department equipment and is forced to replace it, though it did not affect the functionality of the device. The piece of equipment could also have been salvaged and resurfaced rather than replaced. Can an employer force this type of monetary punishment?

A: Most arbitrators would analyze the punishment under traditional just cause standards. They’d consider things like the employee’s work history, the warnings (if any) the employee received about the conduct, the degree of monetary harm caused to the employer, the employee’s work history, and the like. Most arbitrators would consider the cost of replacement as only one factor among many in determining whether the punishment was appropriate. And, if the employer had legitimate alternatives to replacing the piece of property, an arbitrator would likely look dimly at forcing the employee to pay the full cost of replacement.