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 happen when a supervisor doesn't actually review a case before approving it. Corey emphasizes that t...
Sep 21, 2021•39 min
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 raise one's hand to use the restroom, highlighting how the reasonableness of the rule is the crucial point of conte...
Sep 10, 2021•19 min
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 information to their advantage during grievance procedures. He uses several examples to illustrate these...
Sep 03, 2021•30 min
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 importance of using the "corrective rather than punitive" language in grievances and encourages liste...
Aug 29, 2021•21 min
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 with minimal effort, but rather should meticulously investigate and leverage every aspect of the contra...
Aug 23, 2021•19 min
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 importance of checking the "request for appropriate action" form to see if management has included any p...
Aug 18, 2021•27 min
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 independent, not a rubber stamp. He also suggests that if an arbitrator says that a disciplinary actio...
Aug 15, 2021•59 min
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 management has a responsibility to resolve problems before they become grievances. Corey urges listene...
Aug 09, 2021•16 min
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 reasonable doubt, because management is essentially making a criminal accusation.
Aug 07, 2021•21 min
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 carriers who are in trouble should reach out to their union or their attorney for help. Non-specific refer...
Aug 02, 2021•37 min
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 indefinite). He supports his arguments with relevant arbitration cases and decisions, urging listeners to...
Jul 29, 2021•30 min
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 not approved. M-00464: Local management can properly request letter carrier employees to estimate their workloa...
Jul 28, 2021•17 min
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 Article 16 of the JCAM, and emphasizes that discipline should be corrective, not punitive. The podc...
Jul 25, 2021•11 min
***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 the carrier to seek help through the EAP (Employee Assistance Program) first and foremost. Corey als...
Jul 24, 2021•33 min
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 time. He also stresses the importance of M-39 134: Street Management, section 2, which prohibits manage...
Jul 22, 2021•31 min
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 listeners to use the "bank of goodwill" as a strong argument in any discipline case. In This Episode:...
Jul 20, 2021•10 min
**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 challenge any claims that the accident was serious in nature, as the 1769 form requires a determina...
Jul 18, 2021•8 min
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” and “Preventative Action”, as they can be used as defenses to discipline if management filled them out improperl...
Jul 18, 2021•13 min
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. He emphasizes the importance of Article 41.3P, which requires management to promptly notify the bra...
Jul 16, 2021•11 min
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 leave or if management deems it necessary for the protection of the Postal Service. He advises shop ste...
Jul 14, 2021•12 min
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 (Employee and Labor Relations Manual) provision 513.361 to support their arguments. He encourages shop s...
Jul 12, 2021•10 min
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, and to ensure the carrier is fully aware of their attendance record and attendance reviews (or lack...
Jul 12, 2021•14 min
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, and any inaccurate information can be used to weaken management's stance. The episode also discusses t...
Jul 09, 2021•11 min
Corey explains the importance of understanding the "official discussion" requirement in Article 16.2 of the Joint Contract Administration Manual (JCAM). He explains that management is required to have a formal, private discussion with an employee before issuing discipline for a minor offense. He highlights how management often misrepresents these discussions, claiming they occurred when they actually did not. Corey encourages shop stewards to challenge these claims, as they can be used to weaken...
Jul 07, 2021•9 min
Corey explains what to do when a carrier receives discipline from management. The most important initial step is to have the carrier sign the disciplinary notice, as management has been known to use a carrier's refusal to sign as a reason for discipline. He then dives into the importance of requesting information during the informal Step A stage, stressing that the shop steward should request everything management used to issue the discipline, rather than waiting until later. This allows the ste...
Jul 07, 2021•13 min
Corey discusses the Office of Inspector General (OIG) and Postal Inspectors, highlighting their tendency towards dishonesty. He shares his experience with their investigations and argues that they often act on behalf of management with the aim of finding carriers guilty. He emphasizes that even though postal inspectors may seem intimidating, they are still bound by the contract and should be held accountable. He encourages shop stewards to be proactive and take detailed notes during any interact...
Jul 07, 2021•9 min
Corey discusses the importance of the investigative interview in the grievance process, and how a poorly conducted interview can jeopardize the entire case. He stresses the importance of the carrier's right to a pre-interview consultation with a shop steward prior to the investigative interview. Corey describes the procedure for what the steward is to expect and how to conduct their business during the interview. He further emphasizes that this right is protected by Weingarten rights (NLRB vs. W...
Jul 07, 2021•13 min
All about the shop steward and advice from Corey to stewards, including certification via Article 17, the workroom floor environment, work ethic and integrity, an individuals reputation as a credible and reliable source, understanding our handbooks and manuals (M-41 and M-39), and time sensitivity behind a grievance case. Corey discusses the importance of being a good shop steward. He emphasizes that the position is often thankless and requires dedication and integrity. He stresses the importanc...
Jul 07, 2021•15 min
Corey Walton, a 27+ year city letter carrier and shop steward since 2006, introduces his podcast "From A to Arbitration" aimed at helping people navigate the grievance process in labor organizations. He discusses the various handbooks and manuals used in the grievance process, including the Joint Contract Administration Manual (JCAM), and the M-39 and M-41 handbooks related to city letter carriers. Corey outlines the topics he will cover, including the informal and formal steps of the grievance ...
Jul 07, 2021•13 min
