Since Trump’s second inauguration, the term “due process” has made its way into news headlines, social media posts, and day-to-day conversations.

What is due process?

At its most basic, due process is the idea that before the government can punish you or take something from you, it must go through an established, fair procedure. Although it has a million caveats and imperfections, it’s a powerful idea that Americans instinctively understand: If you’re accused of something, you’ll get your chance to defend yourself in court.

When you come to work, though, you leave due process at the door (along with the rest of your constitutional rights). Private-sector workers are usually at-will employees, which means you can be fired for any reason or none at all. Your boss can take away your ability to put food on the table without hearing you out or proving you’ve done anything wrong.

Unionized workers are the exception. When workers organize and force their employer to negotiate with them, they create a contract that lays out their rights as employees. Nearly always, this includes the right to due process on the job.

What is a just-cause provision?

Union contracts usually include a sentence like this: “Employees shall be disciplined or discharged only for just cause.” This is called a just-cause provision — and though it looks like one small sentence, it’s a powerful one.

If you’re in a union and your boss fires or disciplines you (demoted, transferred, etc.), a labor arbitrator can decide if your boss had a valid reason to do that. The arbitrator is a neutral party who plays the role of a judge or jury.

Arbitrators use a list of “tests” or questions to decide if there was just cause in a given situation. A typical list is as follows.

• Prior notice: Did a manager tell you about the rule they’re accusing you of breaking?
• Recent enforcement: Did management enforce the rule recently?
• Due process: Did the manager tell you what they’re accusing you of? Did they give you a chance to tell your side of the story?
• Substantial evidence: Do they have evidence?
• Equal treatment: Did management punish other employees equally for the same thing?
• Progressive discipline: Did management give you a smaller punishment before a larger one like being fired?
• Mitigating, extenuating, and aggravating circumstances: Was there a special reason that you did what you did? If each of these requirements has been met, the arbitrator can rule that the firing or discipline was justified. Otherwise, the action against you can be reversed.

**Do unions protect bad employees? **

No, this is a common misconception. With a just-cause provision, your boss has to follow a fair process before firing or disciplining you. Employees are still responsible for their actions, though, and can be held accountable for actual violations.

The idea that unions protect bad employees is like saying that due process protects criminals. When a prosecutor accuses someone of a crime, we don’t take their word for it — we have them show their evidence in court. And when your boss says you’re a bad employee and you deserve to be fired, the union asks: “Why? Can you prove it? Let’s see what an arbitrator thinks.”

Conclusion

In America, we’re used to our workplaces being run like dictatorships. There is no democracy, free speech, or due process on the job. We’re told that that’s just how it is and that changing any part of it would be an attack on the employer’s rights.

When workers organize, they’re fighting for something better — a job where they have a voice and can rest easy, knowing their rights are protected. Just-cause provisions are a key part of this. Thanks to them, the right to due process extends into the workplace, protecting you from reckless threats to your livelihood.