The Key Cases Podcast

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.

Arbitrator Sims finds Just Cause for the removal of a Letter Carrier when he admitted to not wearing his seat belt in between dismount deliveries at a strip mall. A due process violation during the grievance procedure saves the Carrier's job but does not provide a status quo remedy.

Arbitrator Gely allows a Letter Carrier to come back to work following a "forced" retirement. The Service agreed that he was suspended and removed without Just Cause.

Arbitrator Markuns finds Just Cause for the removal of a Carrier with a severe substance disorder but decides that a status quo ante remedy is required for management violating the grievant's due process rights in regards to Article 35.

Arbitrator Talmadge considers an Emergency Placement that was used to punish a Letter Carrier when he didn't follow the unsafe instructions of his supervisor. Thirteen months is too long to wait for justice.

Arbitrator Morris reduces an emergency suspension from nine weeks to three weeks but does not use evidence to justify that length either. Not sure why this is a key case.

Arbitrator Reehl finds Just Cause for the Emergency Placement of a Carrier when they were observed driving without a seat belt, but only for one hour. The Carrier was kept out for an additional day, and that was found to be punitive.

National Arbitrator Eischen decides that Review and Concurrence is a Due Process Right that requires two separate judgments prior to issuing a suspension or discharge. Each official must perform an independent and substantive review of the record. Violations require that Regional Arbitrators disregard the merits and overturn the discipline with a make whole remedy.

Arbitrator Newman finds that non-probationary employees have access to the grievance procedure when they receive an unfavorable National Agency Check with Inquiries (NACI) decision from the the US Inspection Service. Article 16 does apply even though passing a background check is a condition of employment.

Arbitrator Jeff Roberts enforces the Joint Statement on Violence and Behavior by removing a recidivist Supervisor from supervising Letter Carriers. What does Article 3 really describe?

Arbitrator Talmadge demonstrates the right way to decide a reversion case while the Advocate and the Steward put together an airtight case for keeping more full-time regular City Carriers.

Arbitrator Widgeon thoroughly examines the past practice of providing free office space to the NALC Branch and finds it valid. She also explains how Management failed to meet their obligations when making a change even if the office is converted to an S&DC.

Arbitrator Hyland sustains a Past Practice grievance about the process used to change the start time for Letter Carriers. Out of Schedule Premium pay is awarded.

Arbitrator Nolan gives the parties what they ask for in his 2025 National Impasse Award.

Arbitrator Morris enforces two Informal-A settlements that required timely action and proof to the Branch President. Corrective remedies are applied to help ensure future compliance.

Arbitrator Maniscalco decides to analyze an Impasse Settlement after the parties reached an agreement and determines that LMOU will be modified as the parties agreed.

Arbitrator Alvin Wilson issues his first NALC award and finds that Management could not meet their high Burden of Proof when they sought to change a Local Memorandum of Understanding (LMOU). Was this a grievance filed by the Union or by Management? What is Interest or Impasse Arbitration and how is it different from the Contract and Discipline process?

Arbitrator Sims considers arbitrability when the Union filed a grievance over career conversion counseling and benefits, months after the employee became a career Letter Carrier. What qualifies as a continuing violation?

Arbitrator Itzla considers a start time grievance where the Union proved Management did it wrong over and over again. It's a good decision and fun read.

Arbitrator Sammarco enforces Article 15 when the Service comes to a hearing with no Formal-A position. Spying, using technology to discipline and changing our working conditions with an invisible barrier are all stopped with her award.

Arbitrator McDonough finds the grievance arbitrable, but mismatched issues and arguments produced the one key case denial of 2025.

Arbitrator Reehl finds an Independent Right for the Union to file a grievance when they become aware of hidden discipline. Greg was the advocate for this Key Case.

Arbitrator Drucker finds that the language in Article 15 allows the Union to file a timely grievance when they finally become aware of discipline that management tried to hide from them.

Arbitrator Lumbley tries to provide a remedy for non-compliance. The national parties pour cold water on a good decision.