From A to Arbitration - podcast cover

From A to Arbitration

A Union Representative's in-depth Guide to the Dispute Resolution Process

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Episodes

Episode 55: How to deal with a toxic co-worker. Protecting your flock

This episode focuses on the challenging topic of dealing with toxic coworkers in the workplace. Corey emphasizes that while addressing such issues is ideally management's responsibility, shop stewards sometimes need to intervene to protect their "flock." Corey highlights the Postal Service's Policy on Workplace Harassment, specifically Publication 552, as a resource for understanding management's obligations in maintaining a respectful work environment. Practical advice is provided on navigating...

Jun 06, 202241 min

Episode 54: Ergonomics, my foot and protecting our brothers and sisters from long term injury

This episode discusses ergonomics in the workplace, focusing on a 2014 grievance filed by Corey against management. Corey highlights the union's efforts to implement ergonomic policies, contrasting them with management's perceived disregard for worker safety, prioritizing cost-cutting over safety measures. The episode details numerous instances where management, despite agreements, failed to prioritize worker safety, leading to unsafe conditions. Corey details specific examples, like the removal...

May 31, 20221 hr 25 min

Episode 53: Paying homage to my mentor Lew Drass & the wolf James Henry. Dealing with heat related grievances: everything you'll need to file a successful grievance against management.

This episode focuses on the importance of carrier safety, particularly in relation to heat-related illnesses. Corey starts by wishing a happy retirement to his mentor, Lou Drass, whom he considers a juggernaut in the union world. He emphasizes the importance of mentorship and the need for strong leadership within the union. Corey then dives into the topic of heat safety, using a recent grievance filed by a carrier as an example. The grievance stemmed from a station manager who told carriers they...

May 23, 20221 hr 55 min

Episode 52: Rated MA, my heart, JB the dog trainer dealing with Dois, Pet, 3996 and red line policy. See description below for subject matter start times

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 management's use of these systems as the sole basis for disciplinary action or overtime approval. JB recoun...

May 15, 20222 hr 39 min

Episode 51: Special guest NBA Mike Caref, the challenge, The expert dissecting Article 16.7

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 votes, shop stewards, and the process of voting on shop stewards. He discusses how he would recommen...

May 08, 20221 hr 16 min

Episode 50: Defining mitigating factors. Grieving unsafe scanner messages.

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 the definition of mitigating factors, using personal anecdotes and examples from past grievances to...

May 02, 202248 min

Episode 49: The saga of the Formal Step A. Being the King and Queen of your installation

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 and evidence to support their case. He highlights a few specific examples of how grievances have be...

Apr 25, 20221 hr 10 min

Episode 48: The inmate and The Informal Step A meeting. Be about that action

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 include in a grievance file, the need for documentation and evidence, and how to build a strong case. He ...

Apr 18, 202257 min

Episode 47: The autobiography & the greatest Holiday Scheduling breakdown ever recorded. Narrated by Jason 'JB' Leath

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 8 in the context of holiday scheduling. JB encourages listeners to file grievances if they believe ...

Apr 11, 20221 hr 27 min

Episode 46: Bad ass Bresee, the test, and discussing Article 5 & Past Practice grievances.

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 practice. Corey highlights specific arbitration cases and provides guidance on how to build a case fil...

Apr 04, 20221 hr 29 min

Episode 45: Jeremy McCall, The Patriot, the white pages and defeating the WOO and DOV

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 so, which leads to the violation of Article 8. M-01548 The White Pages http://www.fromatoarbitration...

Mar 27, 20221 hr

Episode 44: The Dispatch Of Value (dov) the Window Of Operation (woo) and my Grandson. Beating the WOO & DOV

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 stewards on how to build a case. Corey also discusses the importance of evidence and documentation when f...

Mar 21, 20221 hr 48 min

Episode 43: General Hospital, AJ Breaux, Lake Charles and the escalated monetary award. Wrapping up the request for an escalated remedy

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 successful arguments and remedies achieved in those instances, specifically referencing cases 31146, 3...

Mar 13, 202252 min

Episode 42: The cease and desist, the four ways stop and the night stick. Dealing with an escalated monetary award.

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 other avenues, like informal resolutions and prior arbitration decisions, have failed to stop the viol...

Mar 07, 20221 hr 19 min

Episode 41: The fruit basket, the sell, and Deems Desirable. Jason Leath goes in depth on Deems.

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 blanket policy, advocating for case-by-case application and prior notification of attendance concerns. ...

Feb 28, 20221 hr 44 min

Episode 40: Last Chance Agreements (LCA) & The Arbitration

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 by LCAs. He emphasizes the importance of just cause principles, even in LCA situations, and criticize...

Feb 21, 20221 hr 22 min

Episode 39: Final episode of the JSOV. Management's position. The Rant, The 300, The Snitch and The Coward

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 management often tries to avoid responsibility, making the same arguments, regardless of the specific case...

Feb 06, 20221 hr 3 min

Episode 38: The JSOV issue and remedy.

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 to support arguments. Corey highlights a case from Arbitrator Bjork, which establishes that the Joi...

Jan 31, 202248 min

Episode 37: Yellow Jackets, the Lion, and Documentation for the JSOV

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 information, including previous arbitration decisions related to the Joint Statement, such as those from Arbi...

Jan 24, 20221 hr 5 min

Episode 36: A prelude to the JSOV. A pep rally for the Joint Statement on Violence and Behavior in the Workplace.

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 and personal well-being. He also emphasizes the importance of a joint statement, a document that outli...

Jan 17, 202240 min

Episode 35: Opting: the most advanced and thorough hold down training available; presented by Jason Leath.

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 city carrier assistants (CCAs) are eligible to opt. Probationary employees and light duty employees ...

Jan 10, 20221 hr 50 min

Episode 34: Wrapping up discipline and putting it all together. The devastator, the journey, and the squirrel

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 relevant information. He also stresses the importance of having a core group of trusted colleagues to rev...

Dec 13, 20211 hr 7 min

Episode 33: Article 31 information. Short but oh so sweet

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 should always include a violation of Article 31 and Article 17 in their issue statement. Corey furt...

Nov 29, 202125 min

Episode 32: Article 17 and our rights to requested information or as I like to call it the Mosquito, the deadliest killer of all.

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, files, and records, as well as interviewing employees, supervisors, and witnesses. They also have th...

Nov 22, 20211 hr 7 min

Episode 31: Corrective rather than punitive. Let's think outside the box

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 manage, using examples like an employee disciplined for incorrectly filling out a form without being ...

Nov 11, 202141 min

Episode 30: Defeating CCA discipline. putting the pieces of the puzzle together

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 obligated to attempt to correct an employee's behavior before resorting to punishment. He cites several a...

Nov 01, 202150 min

Episode 29: M-01967, Kingsport TN and Arbitration C-34197. A HUGE WIN FOR THE NALC AND ESCALATED MONETARY AWARDS

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 breaches. Corey emphasizes the importance of this decision, urging listeners to include both the M-01...

Oct 21, 202125 min

Episode 28: Just cause principle: Was the disciplinary action taken in a timely manner? Another head scratcher

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 by delaying discipline, and explains how shop stewards can use these cases to defend their members....

Oct 11, 202135 min

Episode 27: Just cause principle: 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 employees past record? A thinking Man/Woman's provision.

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 and objective, and that any accusation made should be substantiated by evidence. He also highlights t...

Oct 08, 202135 min

Episode 26: Just cause principle: Was a thorough investigation completed? a very detailed journey through this principle.

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 questions and answers after the fact, or cited disciplinary reasons not previously discussed. Corey s...

Sep 27, 202156 min
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