Which one of the following statements related to the three-step analysis for dealing with discipline and dismissal cases in unionized workplaces is NOT true? (see pg. 237)

Was the employer's decision to dismiss the employee an excessive response in all of the circumstances of the case?

The burden of proof is on the employer to prove - beyond a reasonable doubt - that the grievor committed the wrongful act being alleged.

The first question an arbitrator must ask is: "Has the employee given just and reasonable cause for some form of discipline by the employer?

If the arbitrator does consider discharge excessive, what alternative measure should be substituted as just and equitable?