From A to Arbitration

This episode continues the discussion of "just cause" principles in labor arbitration. Corey is focusing on the third of six sub-questions related to just cause: "Was a thorough investigation completed?" He explains that this principle is crucial because it protects employees from disciplinary actions based on insufficient investigations. He emphasizes that the investigation needs to be thorough a...

This episode focuses on the fourth of six "just cause" principles in labor arbitration, emphasizing that a complete investigation encompasses more than just the investigative interview; it includes all steps leading to the disciplinary action. Several examples are given of inadequate investigations, highlighting instances where management failed to ask relevant questions during interviews, added q...

This episode is about the third of six "just cause" principles in labor arbitration. Corey focuses on the principle of "Is the rule consistently and equitably enforced?" He explains that management often tries to enforce rules inconsistently, and that this inconsistency can be used to challenge their actions. He also encourages listeners to be aware of the "rubber-stamping" of discipline that can...

The second of the “just cause” principles, Corey argues that this often-overlooked aspect is crucial when challenging management actions. They emphasize the importance of demonstrating that a rule is not only present but also reasonable in relation to safe and efficient work performance and business efficiency. Corey provides examples of unreasonable rules, such as a requirement to rai...

Corey emphasizes the importance of starting any grievance process with the "just cause" principles, especially focusing on whether a rule exists that the carrier violated. He emphasizes that management frequently cites rules that don't exist or don't apply to the situation. Corey encourages listeners to research any rules cited by management to determine if they are legitimate and to use this info...

This podcast episode is about Article 16.1 of the National Agreement which deals with the "just cause" principle for disciplinary actions. Corey explains that the "just cause" principle requires management to have a fair and provable justification for any disciplinary action. He highlights that Article 16.1 specifies that discipline should be corrective rather than punitive. Corey emphasizes the i...

This episode discusses the importance of effectively defending union members facing disciplinary actions. Corey emphasizes the need for shop stewards to act as strong advocates, going beyond basic representation and utilizing all available resources, including specific contract provisions, to build a robust defense. He argues that union representatives should not be "public defenders," content wit...

C-32824 This episode focuses on Article 16.10 of the National Agreement, which deals with employee disciplinary records and how this article can nullify discipline. Corey explains that management cannot cite disciplinary actions that are older than 2 years against an employee. He argues that management often uses this tactic and shop stewards should be aware of this. Corey also highlights the impo...

This episode focuses on Article 16.8, which deals with review of discipline. Corey explains the importance of this article and how it can be used to challenge management decisions. He points out that any disciplinary action, such as a suspension or discharge, must be reviewed and concurred by a manager who is a higher level than the supervisor who initiated the discipline. This review should be in...

This episode is about labor arbitration and how to use the M39 handbook, which is the management handbook used by the US Postal Service. Corey explains that section 115 of the M39 handbook deals with discipline and how management should administer it. He emphasizes that management should always make every effort to correct a situation before resorting to disciplinary measures. He also says that ma...

This episode covers how to challenge management when they use criminal statutes against a carrier in disciplinary actions. Corey advises listeners to research any criminal statutes cited by management, as those statutes may not apply to the specific situation. He explains that in a formal grievance procedure, a carrier's lawyer should argue for a higher standard of proof, such as proof beyond a re...

Corey explains Article 16.6 of the National Agreement, which deals with indefinite suspensions in crime situations. He explains that management can't automatically put someone on indefinite suspension without giving them some notice. He also emphasizes the importance of a "nexus" or connection between the employee's job and the crime for which they were arrested. He concludes by saying that carrie...

Corey talks about Article 16.7: Emergency Placement. He emphasizes the importance of challenging emergency placements by filing grievances, highlighting four key areas of contention: immediacy (the action must be taken without delay), notification (the employee must be explicitly informed of the emergency placement), a detailed written charge, and the length of the placement (which cannot be indef...

Jason Atchley returns to discuss unauthorized overtime and discipline arising from it. He discusses what a carrier should do when faced with a workload over 8 hours, and highlights the importance of filling out a 3996, as well as leaving decision-making in management's hands. He mentions that management should be filling out PS Form 1017, “Unauthorized Overtime Report” when overtime is...

Corey welcomes Jason Atchley to this episode. They discuss unauthorized overtime and how to defend against discipline related to it. Jason explains that there are two competing theories on discipline: single-track (where any violation can lead to immediate discipline) and multi-track (where discipline is progressive). The podcast focuses on the multi-track theory, which is based on the language of...

***GET C-01928*** Corey discusses how to defend carriers in charges related to the disease of alcohol and/or drug addiction. He emphasizes that the union should advocate for a corrective, rather than a punitive, approach when dealing with carriers facing discipline due to alcohol or drug abuse, as outlined in Article 35 of the collective bargaining agreement. He advises shop stewards to encourage...

Corey discusses backing, stationary events, and street observations, focusing on how to use specific provisions in the M-39 handbook to challenge management actions. This episode speaks on the importance that carriers ask for union representation when management questions them about stationary and backing events, and educating carriers on how to respond to questions about occurrences on street tim...

This episode discusses the importance of using tenure as an argument against discipline. He encourages listeners to use the "bank of goodwill," which refers to years of good service, in their arguments. Arbitrators often hesitate to discipline long-term carriers due to their tenure. He suggests including seniority dates on the PS Form 8190 to inform the advocate of the carrier's tenure. He urges l...

**PAGE 16-3 pg 254 JCAM examples of behavior** Corey continues his discussion on how to defend carriers against discipline after an accident, this time focusing on the concept of "corrective rather than punitive" discipline, as outlined in Article 16 of the JCAM. He again advises stewards if the branch president was not notified, it's a violation of due process. He also encourages shop stewards to...

Corey continues to discuss how to defend carriers against discipline related to accidents. He emphasizes the importance of Article 41.3P of the JCAM, which requires management to promptly notify the branch president after a vehicle accident. Failure to do so violates due process and provides a strong argument for the carrier. He highlights two boxes on PS Form 1769, “Serious Accident”...

This episode is the first in a series of episodes focusing on accidents and how to defend carriers against management actions after an accident. Corey highlights the importance of union representation at the scene of an accident, noting that management often tries to gather information and build a case against the carrier without giving them the opportunity to be present or to have representation....

Corey continues discussing attendance-related discipline, specifically focusing on the concept of "deemed desirable and restricted sick leave." He explains that management uses this to discipline carriers, but it's often a weak argument. He points out that the ELM provision 513.361 states that a carrier is only required to provide documentation for their absences if they are on restricted sick lea...

Corey discusses a specific type of attendance-related discipline, "deems desirable and restricted sick leave." He points out that management often tries to circumvent the process by simply stating that the carrier was given a discussion about their absences, even if this isn't accurate. He highlights the importance of challenging these claims by the shop steward, suggesting the use of the ELM (Emp...

Corey talks about the importance of attendance-related discipline in the grievance process. He points out the low success rate of the union as well as the difficulty of these cases, suggesting they are often won or modified in arbitration. He encourages shop stewards to challenge the validity of any "official discussion" claimed by management, as a formal discussion is required for minor offenses,...

This episode focuses on the charge and discipline process in labor grievances. Corey emphasizes the importance of scrutinizing the charge itself, ensuring it is accurate and supported by the documentation provided by management. He advises shop stewards to examine the charge thoroughly, ensuring that every detail is correct and that the investigative interview covered all aspects of the charge, an...