From A to Arbitration

This podcast episode features JB, who expresses concern about management overreach and emphasizes the importance of union education. JB criticizes management's reliance on flawed data systems like DOIS and PET for evaluating worker efficiency and approving overtime requests. He encourages listeners to be aware of their rights, including the right to grieve unfair treatment and to challenge managem...

This episode of From A to Arbitration, hosted by Corey, features a special guest, Mike Caref, a National Business Agent from Region 3. The episode begins with Corey talking about the upcoming episode, which will feature JB, a National Business Agent from Region 3, who will be discussing the DOIS, 3996, and the PET. Corey then goes on to talk about a couple of grievances that he has received about...

This episode focuses on mitigating factors in grievances and a specific grievance related to unsafe scanner messages. Corey discusses the importance of worker safety, emphasizing that management's concern for safety is often only apparent during arbitration proceedings. He highlights a new shop steward's dedication and initiative, praising her approach to representing colleagues. Corey delves into...

Corey talks to shop stewards about the importance of the formal Step A meeting in the grievance process. They emphasize that this step is crucial because it's where cases are often won or lost. He encourages stewards to be thorough in their preparation, to know their arguments well, and to be ready to rebut management's position. They also discuss the importance of having the correct documentation...

Corey talks about the importance of the informal Step A meeting in the grievance process. He emphasizes the need for new shop stewards to understand what happens in these meetings and how to prepare themselves. He highlights that management often tries to intimidate stewards in these meetings, and it's important to remember that stewards have protected status. He provides guidance on what to inclu...

This episode discusses how to approach grievances related to holiday scheduling. They emphasize the importance of building a strong case file with detailed information, including the holiday schedule, seniority rosters, employee earning statements, and any evidence of a past practice. It highlights the importance of understanding Article 11 of the national agreement and how it differs from Article...

Corey talks about past practice grievances and how they are often successful in arbitration. He discusses the importance of understanding the concept of past practice and the three elements required to establish a valid past practice: clarity and consistency, longevity and repetition, and acceptability. He also emphasizes the need for good-faith bargaining when management seeks to change a past pr...

This episode discusses the concept of "dispatch of value, window of operation" and explains how management uses it to justify violating Article 8 of the national agreement. Corey provides several arbitration decisions, and encourages shop stewards to use this knowledge in their grievance process. He also stresses the importance of having proper staffing levels and how management often fails to do...

Corey discusses the concept of dispatch of value, window of operation and how management uses it to justify violating Article 8 of the national agreement. He highlights the importance of understanding this concept and how it can be used to fight management's actions. He analyzes various arbitration decisions to illustrate how arbitrators have ruled on this issue and provide guidance for shop stewa...

This episode focuses on escalated monetary awards in arbitration cases related to the noncompliance with cease-and-desist orders by management. Corey emphasizes the importance of thorough documentation, including all past decisions, settlements, and relevant documents like M1517 (the Donahoe letter). He encourages listeners to study specific arbitration cases from Lake Charles, highlighting the su...

This episode focuses on understanding and utilizing escalated monetary awards in grievance arbitrations. Corey emphasizes the importance of documenting past cease and desist orders issued to management as evidence of repeated contract violations. He argues that while the goal is not to financially burden the Postal Service, these awards are sometimes necessary to ensure contract compliance when ot...

JB joins to discuss the complex issue of "Deems Desirable," a policy allowing supervisors to request medical documentation for absences of three days or less. Leath emphasizes the importance of stewards understanding contractual provisions and building strong cases by gathering evidence like employee attendance records and ERMS reports. He criticizes the arbitrary use of "Deems Desirable" as a bla...

Corey discusses the complexities of "last chance agreements" (LCAs), legal documents that offer employees a final opportunity to maintain employment after serious disciplinary offenses. Corey uses a recent arbitration case involving an employee dismissed for a single, brief tardiness despite 111 days of on-time attendance to illustrate the challenges advocates face when defending employees bound b...

This podcast episode focuses on the Joint Statement on Violence and Behavior in the Workplace, and the importance of knowing the right arguments and remedies to utilize in grievance cases related to this statement. Corey is discussing with his listeners how to build a strong case file and be prepared when dealing with management who might be violating the Joint Statement. He emphasizes that manage...

This podcast episode focuses on the Joint Statement on Violence and Behavior in the Workplace. Corey is explaining to shop stewards how to build a strong case file for grievances related to this statement, specifically in instances where management exhibits bullying or harassing behavior. He emphasizes the importance of understanding the Joint Statement and utilizing relevant arbitration decisions...

This podcast episode focuses on the Joint Statement on Violence and Behavior in the Workplace, a crucial document for stewards handling grievance cases involving harassment, intimidation, or bullying by management. Corey emphasizes the importance of understanding the Joint Statement, noting that management often tries to avoid its implications. He recommends that stewards gather specific informati...

This podcast episode is a follow-up to a previous episode on opting, a process within a union contract that allows eligible employees to take on a vacant assignment. Corey expresses his gratitude to Jason Leeth for creating a comprehensive episode on opting. Corey acknowledges the complexity of the subject, explaining how it affects various aspects of a worker's life, including their livelihood an...

This episode focuses on the topic of opting in a union contract, specifically on how to navigate the process and avoid common pitfalls. Corey and Jason discuss the intricacies of opting, a process that allows eligible employees to take on a vacant assignment. Eligibility for Opting: Only full-time reserve letter carriers, full-time flexible letter carriers, unassigned regular letter carriers, and...

This episode focuses on the importance of the informal step A meeting in grievance cases. Corey argues that this initial meeting is crucial, as it's often the first time management reveals their position in writing. He emphasizes the need for shop stewards to be prepared and aggressive in this meeting, encouraging stewards to develop detailed contentions, document everything, and ask for all relev...

This episode focuses on Article 31 of the National Agreement, which governs information requests during grievance cases. Corey explains that this article is closely linked to Article 17, which deals with the right of stewards to access information for grievance processing. Corey emphasizes that when a shop steward encounters a situation where management fails to provide requested information, they...

This episode discusses the importance of information requests in grievance cases. Corey argues that failure to provide requested information constitutes a serious violation of the collective bargaining agreement, potentially leading to the dismissal of the grievance. Corey emphasizes that stewards have a right to investigate, adjust, and process grievances, including reviewing relevant documents,...

This episode focuses on the principle of "corrective rather than punitive" discipline. Corey argues that while arbitrators often interpret "corrective discipline" as synonymous with "progressive discipline," true corrective action requires management to actively help employees improve their performance rather than simply issuing escalating punishments. Corey emphasizes management's obligation to m...

This episode is about defending City Carrier Assistants (CCAs) facing disciplinary action by the United States Postal Service. Corey emphasizes that CCAs are particularly vulnerable to discipline because they lack the protections of tenure and a "bank of goodwill." He highlights the principle of "corrective rather than punitive" discipline that applies to CCAs, emphasizing that management is oblig...

Corey enthusiastically details a federal court decision (M-01967) that upholds the right of the union to seek escalated monetary awards, also referred to as punitive awards, from the USPS in cases of contract violations. The decision stems from an arbitration case in Kingsport, Tennessee, where the arbitrator awarded a substantial sum to the union due to the Postal Service's repeated contractual b...

This podcast episode focuses on the fifth of six "just cause" principles in labor arbitration: "Was the disciplinary action taken in a timely manner?" Corey explains that management cannot delay disciplinary action indefinitely and that the discipline must be issued promptly after the offense occurs. He gives several examples of cases where arbitrators ruled that management violated this principle...