The Key Cases Podcast

Arbitrator Sherrie Rose Talmadge finds a violation of Article 5 when a new Manager tries to end a past practice of paying Stewards to travel between offices to do their Steward work. The manager insisted that the contract didn't require or allow payment for travel within the installation for Union work. What actually counts as bargaining in good faith when a practice is no longer useful for the Se...

Arbitrator Sherrie Rose Talmadge sustains the Union's greivance when the Service administratively separated a CCA after she had previously served a 90/120 qualifying period in another city. Her resignation in one state and reapplication in another state did not create a new probationary period for a non-career employee. Who has the burden to prove their case when a CCA is discharged? Greg was the...

National Arbitrator Dennis Nolan finds that the subject matter of section 126.3 of the M-39 Handbook does not relate directly to wages, hours or working conditions and therefore is not included in the National Agreement through Article 19. It's a narrow decision, it carefully follows national precedent and this award doesn't directly limit our ability to enforce any other section of the M-39 or an...

Arbitrator Carl Bosland finds a violation of the National Agreement and the Family Medical Leave Act (FMLA) when a CCA's Health Benefits were retroactively terminated by the Service. The grievant's child was born 2 month's early, he missed work to care for his spouse and new child. He missed premium payments as a result. HR policy to collect the whole amount within thirty days was different than t...

Arbitrator John Obee finds no Just Cause for the removal of a Letter Carrier for attendance when he was suffering from a condition that qualified him for Family Medical Leave Act (FMLA) protection. Management's investigation was not thorough or objective as required.

Arbitrator Morris finds no Just Cause for the removal of a Letter Carrier with work restrictions from an on the job injury. Fundamental fairness required him to exclude key evidence that was obtained by the OIG without considering the Due Process rights of the employee.

Arbitrator Eileen Cenci finds a fatal Due Process violation when management failed to obtain Review and Concurrence prior to issuing the suspension. The Steward's work is crucial in making the winning argument and proving that management failed to meet their burden.

Arbitrator Jacquelin Drucker finds management failed to apply Just Cause when they tried to separate a non-probationary career Letter Carrier that got an "unfavorable NACI". She finds the grievance arbitrable and applies the whole contract in her answer to this question. It's educational because of the thorough analysis.

Just Cause #6: Was the disciplinary actions taken in a timely manner? Arbitrator Louise Wolitz finds no Just Cause for the Emergency Placement (EP) of a Letter Carrier that was accused of serious illegal conduct when management failed to provide timely written notice to the grievant. Due Process demands that management must promptly notify the employee so they can file a grievance.

Just Cause #6: Was the disciplinary actions taken in a timely manner? Arbitrator Tobie Braverman finds no Just Cause for the removal of a Letter Carrier when a CA-17 was submitted with white out and changes. A full year elapsed from the date of the alleged conduct to the issuance of the NOR.

Just Cause #5: Was the severity of the discipline reasonably related to the infraction itself and in line with that usually administered, as well as to the seriousness of the employee's past record? Arbitrator Gely finds no Just Cause for the Emergency Placement of a Letter Carrier that admitted to taking an unclaimed item and returning it. The subsequent removal was also found lacking because of...

Just Cause #5: Was the severity of the discipline reasonably related to the infraction itself and in line with that usually administered, as well as to the seriousness of the employee's past record? Arbitrator Lawrence Roberts finds cause to mitigate the removal imposed by management for a Letter Carrier scanning a picture of a bar code while not actually collecting the mail, rather than the scann...

Just Cause #4: Was a thorough investigation completed? Arbitrator Barry Simon finds no Just Cause for the Indefinite Suspension of a Letter Carrier after he shot someone in the arm, in self defense, while off duty and out of uniform. His arrest the next day while at work and in uniform did not create a nexus. Management failed to give the Carrier his "day in court", and could not prove that any in...

Just Cause #4: Was a thorough investigation completed? Arbitrator Barrett finds no Just Cause for the Emergency Placement (EP) of a Letter Carrier involved in a loud altercation on the workroom floor with a fellow Letter Carrier. Management failed to produce any evidence that the grievant had done anything beyond raising her voice. A thorough investigation would have produced evidence of some viol...

Just Cause #4: Was a thorough investigation completed? Arbitrator Obee finds no Just Cause for the removal of a seventeen year Letter Carrier with a serious medical issue and no prior discipline. The Arbitrator and the Steward show what it really means to conduct an investigation. The facts matter. The "mailbox rule" is successfully rebutted.

Just Cause #4: Was a thorough investigation completed? What is the Union's burden and the employee's burden when management begins an investigation and issues discipline as a result. Does management have any burden at all if we don't place it upon them? Arbitrator Gilder finds Just Cause for a 14 day suspension, but not for discharge when a CCA failed to properly park his vehicle and a roll away a...

Just Cause #3: Is the rule consistently and equitably enforced? A rule must be applied fairly and without discrimination. Consistent and equitable enforcement is a critical factor. Arbitrator Jacobs finds inconsistent enforcement of the rule that prohibits drinking alcohol while in uniform and off the clock. She only mitigates the level of discipline when management failed to prove Just Cause. Wha...

Host Greg Rowe and guest President Tom Dlugolenski from Branch 134, discuss Arbitrator Donald J Barrett and his lasting legacy.

Just Cause #3: Is the rule consistently and equitably enforced? A rule must be applied fairly and without discrimination. Arbitrator Fraser finds no Just Cause for the removal of a Letter Carrier despite the fact that the Carrier did act as charged. Management failed to prove the Grievant was aware of the rule or the consequences for violating the rule. The Steward proved that the rule was not con...

Just Cause #2: Is the rule a reasonable rule? Management must make sure rules are reasonable, based on the overall objective of safe and efficient work performance. Management's rules should be reasonably related to business efficiency, safe operation of our business, and the performance we might expect of the employee. Arbitrator Brown rescinded and expunged an EP and NOR when management failed t...

Just Cause #2: Is the rule a reasonable rule? Management must make sure rules are reasonable, based on the overall objective of safe and efficient work performance. Management's rules should be reasonably related to business efficiency, safe operation of our business, and the performance we might expect of the employee. Arbitrator Halter finds no Just Cause for the removal of a Transitional Employ...

Just Cause #1: Is there a Rule? If so, was the employee aware of the rule? Was the employee forewarned of the disciplinary consequences for failure to follow the rule? Arbitrator McDonough finds Just Cause for a one day Emergency Placement, but finds no Just Cause for the removal of a Carrier that had his handgun locked in his personal vehicle in the Postal parking lot, because the grievant was no...

Just Cause #1: Is there a Rule? If so, was the employee aware of the rule? Was the employee forewarned of the disciplinary consequences for failure to follow the rule? Arbitrator Wolitz decides that management failed to show Just Cause for the removal or suspension of a Union officer when they could not prove that the employee had violated any rule by following his last clear instruction. Check ou...

Arbitrator Martin Grayson Charlton finds a violation of Article 16.8 and the National Eischen award when management removed a CCA Letter Carrier for arguing with the Postmaster. This due process failure requires a make whole remedy without consideration of the merits by the Arbitrator.

Arbitrator Jeffery Roberts provides a make whole remedy and rescinds the discipline despite finding Just Cause for the removal of Preference Eligible Veteran. Due process was violated via the Eischen award when management failed to provide unbiased officials in the grievance process.