From A to Arbitration

Latest Episodes:

Episode 141: Memphis mini-series part 3: The Formal Step A Mar 02, 2024

Show notes

This episode of From A to Arbitration continues the "Memphis Mini-Series," focusing on the formal step A meeting in an arbitration case. Corey begins by acknowledging a listener (Vorty) and discussing improvements to the podcast's production quality.

He previews upcoming topics, including a special guest next week and a focus on aggressively challenging management, highlighting his belief that management is intentionally undermining the union and letter carriers. He emphasizes the importance of assertive advocacy in union dealings.

The episode delves into the formal step A meeting's details, emphasizing the importance of careful preparation and thorough questioning of management's representatives. Walton criticizes the formal representative's handling of the case, highlighting instances where the representative's testimony contradicts evidence presented in the case file. He argues the representative was not adequately prepared for the meeting and thus acted in bad faith, and demonstrates the lack of independent investigation and corrective action by management.

Walton stresses the importance of procedural due process, emphasizing the point that management's failures at earlier stages of the grievance process directly contributed to the ongoing issues and that a strong union advocate will seize upon these procedural flaws to discredit management's case. He demonstrates his mastery of the legal framework, citing specific articles and sections of the JCAM and relevant handbooks, and uses these to show how the current leadership is failing to fulfill its responsibilities. He argues that the current leadership is knowingly undermining the union, enabling a hostile work environment, and that this requires aggressive advocacy.

The episode concludes with Corey highlighting a series of documented failures in management's handling of grievances and their reported lack of adherence to their own procedures and policies, illustrating how these failures affect union procedures and the union itself. He foreshadows further assertive action against management in future episodes, further reiterating his aggressive stance and highlighting the need for a unified front from the city letter carriers to counter management's actions.

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Episode 140: Memphis mini-series part 2 Feb 26, 2024

Show notes

This episode of From A to Arbitration continues the "Memphis Mini-Series," focusing on the testimony of three witnesses in an arbitration case. Corey begins by thanking Cole for contributing to the podcast's intro music and discussing improvements to the audio quality. He then previews the upcoming topics, including a special guest next week and the continuation of the aggressive stance against management.

The episode delves into the testimony of three witnesses in the Memphis arbitration case, highlighting Corey's tactics and concerns. The first witness, a station manager, is characterized as largely irrelevant, with little useful information being gleaned.

The second witness, a supervisor allegedly targeted by the grievant, is presented as a problematic figure for Corey. Corey criticizes this witness, arguing that their testimony contradicts the case file evidence and, that their testimony lacks specifics and shows inconsistencies.

The third witness, a 204B, is criticized for allegedly providing perjured testimony, which Corey presents as an example of the tactics management uses to undermine the union and the grievances of letter carriers. Corey expresses frustration that this witness was not forthcoming with information crucial to the case, highlighting how this type of deceptive testimony can jeopardize the union's position.

The episode concludes with Corey emphasizing the need for careful documentation, thorough preparation, and assertiveness in dealing with these types of cases, including the need for the union advocate to know the case documents better than the management witnesses to overcome potential management bias. He emphasizes that the union's representatives should anticipate potential management tactics and have prepared responses to counter them. Corey foreshadows future episodes focused on the case's closing arguments, predicting a difficult but necessary fight for the union to win. He ends the episode with passionate calls to action, urging listeners to prepare for a potential battle against management and a new leadership direction for the NALC.

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Episode 139: Memphis mini-series. The Postal Inspector Feb 18, 2024

Show notes

This episode of From A to Arbitration introduces the "Memphis Mini-Series," focusing on a significant arbitration case involving a tragic incident at the Memphis post office. Corey sets the stage for a multi-part series covering the arbitration's testimony. He acknowledges potential listener boredom with contract cases but emphasizes that this case offers valuable insights into the arbitration process.

The episode focuses primarily on the testimony of the first witness for management in the arbitration: a postal inspector. Walton details his approach to questioning the inspector, highlighting specific areas of concern and anticipated challenges. He foreshadows his intention to dissect the inspector's report and testimony meticulously, seeking inconsistencies and questionable aspects of the investigation. He explicitly criticizes the postal inspectors, arguing that they tend to favor management, and expresses a deeply cynical view of their role in arbitration.

He details specific issues he plans to address during his cross-examination of the witness, including alleged inconsistencies in the report and discrepancies between the inspector's testimony and supporting documentation. He points out how the inspector's report contains unsubstantiated claims about the grievant's mental state, which he will challenge. He anticipates potential objections from management's advocates and expresses his intent to aggressively pursue these discrepancies and procedural errors throughout the testimony.

Walton also discusses several other ongoing issues within the union, including the ongoing falsification of HIPP training and management's continued aggressive monitoring of letter carriers. These larger issues are used to frame his motivation in tackling the current leadership and highlighting Corey's frustration with their leadership's perceived inaction.

The episode concludes with previews of upcoming episodes, specifically mentioning a special guest, the formal step A meeting, and Corey's closing arguments. The larger themes are Corey's aggressive stance against management, his critiques of the current leadership, and his dedication to protecting the letter carriers.

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Episode 138: Hey prez, step up for our B-Teams and other ramblings. Feb 13, 2024

Show notes

This episode of From A to Arbitration is a highly critical and passionate discussion regarding the current state of the union, specifically focusing on the union's leadership and the challenges faced by letter carriers.

Corey initially thanks a listener for providing the podcast's new intro music and addresses audio issues experienced in previous recordings. He then emphasizes his intent to focus on challenging management's tactics and policies, particularly in relation to recent arbitration cases. He states a commitment to a proactive and aggressive stance.

Walton discusses significant concerns about the union's B-teams (grievance resolution teams) and the perceived lack of support from business agents and union leadership. He expresses dissatisfaction with the B-teams' decisions, blaming business agents for not adequately training and supporting the teams. He also critiques the union's handling of issues like the red-line policy and the lack of response to non-compliance with settlements.

He delves into the issues surrounding the TIERAP route adjustment process and management's aggressive monitoring practices, such as using GPS data to track letter carriers, arguing that these actions constitute violations of the union contract. He calls out the union president for not adequately addressing these issues, calling him out for a perceived lack of leadership and a lack of concern for the workers' well-being, contrasting this with his prior advocacy for workers.

The episode further addresses concerns regarding the handling of grievances, particularly untimely resolutions and non-compliance with previous arbitration awards, highlighting the significant problems and frustrations stemming from the current union leadership. He advocates for a more proactive and educated approach to grievance filing and resolution.

Corey emphasizes the need for a change in leadership and a more assertive, militant approach within the union. He highlights his own personal experiences and criticisms of the current leadership, including personal criticisms and the lack of support he received as an advocate.

Corey concludes with a fervent call to action, urging members to get involved and vote in the upcoming election for a new leadership that will represent the city letter carriers' interests. He emphasizes the need for a strong union and a proactive stance against management's abuses. He also discusses the importance of getting informed about current issues through resources like Discord and Reddit, alongside previews of upcoming episodes detailing the Memphis arbitration case's testimony.

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Episode 137: everything you'll need for 'Act of God' grievances. Feb 05, 2024

Show notes

This episode of From A to Arbitration is dedicated to providing detailed information and guidance on filing "Act of God" grievances. Corey emphasizes the importance of thorough preparation for these types of grievances, highlighting a series of cases where such grievances were successfully filed, particularly those spearheaded by guest JB.

The episode begins by discussing Corey's approach to grievance advocacy. He reiterates his commitment to representing the letter carriers' interests, even when encountering criticism or resistance. He then delves into the specifics of "Act of God" grievances, outlining the criteria and requirements for successful claims.

Corey provides a detailed breakdown of the relevant sections of the Employee Labor Relations Manual (ELM), specifically focusing on Section 519. He emphasizes the importance of documentation and evidence, including community disaster declarations, road closures, official warnings, and evidence that the disaster prevented a significant number of employees from reporting to work.

He emphasizes that an "Act of God" event must be general in scope, affecting many workers, rather than personal issues that prevented individuals from showing up for work. This point is critical in distinguishing between legitimate and illegitimate claims. Further, Corey stresses the need to document the extent to which the event actually impacted work performance and delivery.

Corey explains the union's burden of proof and discusses examples of previous arbitration decisions related to "Acts of God" and the steps required to support a case, detailing what types of evidence to gather and how to present it to management, arbitrators, and the union. Corey also dives into what constitutes "reasonable diligence" in an "Act of God" scenario and stresses the importance of a carrier documenting their efforts to get to work.

The episode concludes by providing detailed guidance on how to structure Act of God grievances, including examples of what to request in a formal step A meeting and what to include in your case file. Corey also provides the basic language of management's position on these types of grievances and details for advocates on how to challenge this argument. He reiterates his dedication to educating members and supporting their grievances. He ends by highlighting the importance of building a strong union.

The overall message is about the importance of being prepared and organized in advocating for letter carriers, especially concerning weather-related absences and seeking proper administrative leave.

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Episode 136: For my friend Jan 29, 2024

Show notes

This episode of From A to Arbitration is a passionate and highly critical discussion of the current state of the NALC, focusing on issues like the union's leadership, recent arbitration cases, and the need for a stronger advocacy approach.

Corey begins by acknowledging listener feedback and addressing recent technical issues with the podcast's audio. He then outlines upcoming episodes dedicated to Act of God grievances and the ongoing issue of "hour office time."

The episode features significant criticism of the NALC's leadership, which Corey characterizes as weak and unsupportive of the city letter carriers. He discusses the lack of proactive measures taken by the union leadership in response to various challenges, such as the ongoing falsification of hip training, and the significant workload issues facing some letter carriers. He directly criticizes the union president for a perceived lack of support and leadership, especially in responding to carrier concerns.

Corey then tackles the issue of potential pre-arbitration settlements potentially weakening the union's position, and uses a specific example of a shop steward whose personal belongings were stolen from her case and then a pre-arbitration settlement was made to show the weakness of the union's current leadership, arguing it is inconsistent with the union's stated commitment to protecting its members.

A substantial portion of the episode is dedicated to a detailed summary of a recent, significant arbitration case in Cleveland, Mississippi, including Corey's strategy and the arguments presented. He underscores the importance of a proactive approach to grievances, emphasizing that management often seeks to dismiss grievances by arguing that the problem was already resolved, but the underlying issues persist.

The episode also showcases Corey's meticulous approach to gathering information, using examples from other episodes about past cases to illustrate how to address procedural issues and effectively challenge management's assertions in future cases.

The episode concludes with a passionate call for a stronger, more proactive union, echoing the theme of a "ground-roots uprising" of letter carriers demanding better treatment and working conditions. He previews future episodes with specific topics like the hour office time, and expresses his belief that a significant leadership change within the union is necessary and inevitable. The overall message is a call for unity, aggressive advocacy, and a commitment to improving the working conditions for city letter carriers.

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Episode 135: ACTIVISM!! My interview with Tyler Vasseur from Branch 9 in Minneapolis, a star in the making for the NALC Jan 21, 2024

Show notes

This episode of From A to Arbitration features an interview with Tyler Vasseur, a shop steward from Minneapolis, focusing on activism within the union and strategies for stronger contract negotiations. Corey begins by acknowledging improvements to the podcast's sound quality and then previews upcoming topics, notably the "Act of God" grievance process and a revisit of the "hour office time" issue.

The episode centers on Walton's interview with Vasseur, highlighting Vasseur's experience and perspectives on union activism, particularly regarding a recent branch resolution for an open bargaining strategy. Vasseur emphasizes the importance of public actions, like rallies, to strengthen the union's bargaining position, citing successful examples from other unions (e.g., the UAW, Teamsters). He argues that public awareness and pressure on management are crucial in achieving better contracts, contrasting this with Corey's own criticisms of current union leadership's approach, which he views as overly cautious and lacking in direct advocacy for workers' rights.

The discussion extends to broader issues affecting the union, including the lack of transparency in negotiations and the perceived prioritization of financial concerns over members' needs and working conditions. Corey criticizes the current leadership's approach, arguing that a passive approach to management is detrimental and that a more confrontational stance is needed.

The episode also includes listener feedback that prompted Corey to address the issue of union leadership potentially being in cahoots with management, expressing deep skepticism about the current leadership.

Finally, the episode concludes with a preview of future episodes, including the continuation of the "Memphis Mini-Series" (focusing on arbitration testimony), an hour office time discussion, and potentially additional guest interviews or discussions about listener-submitted grievances. The overarching message is a fervent call for a change in union leadership and a more militant approach to negotiations and activism, with Corey emphasizing the importance of educating members and providing them with the tools to fight for their rights.

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Episode 134: Some salty salted peanuts. The grievance of the month-the 39-hour report Jan 15, 2024

Show notes

This episode of From A to Arbitration focuses on a new "grievance of the month" – a case involving part-time flexible (PTF) employees and their potential conversion to full-time status. Corey begins by addressing listener feedback and announcing upcoming episodes on Act of God grievances and hour office time.

The central topic is a detailed examination of the legal precedents and required documentation for PTF maximization grievances. Corey meticulously dissects the relevant sections of the contract, the Employee Labor Relations Manual (ELM), and the Joint Contract Administration Manual (JCAM) to explain the specific criteria for converting PTF employees to full-time status, including specific language and references from applicable documents such as Article 7.3c, M-01069, M-00913, and M-01398.

A significant portion of the episode is dedicated to a breakdown of the required evidence. Corey emphasizes the importance of documentation, including detailed time records, leave requests, and other evidence supporting the PTF employee's regular work schedule over a six-month period.

He also addresses potential management arguments, highlighting the importance of countering management's likely stance on issues like leave, holidays, and seasonal periods to avoid jeopardizing the PTF employee's conversion request.

Corey also provides specific templates for grievance filing, including the structure of an issue statement, details of the necessary remedy, and a list of supporting documents to include in the case file. He then presents a specific arbitration award as a model for structuring such a grievance.

The discussion extends to include broader issues affecting the union, such as Corey's frustration with the union's leadership for not adequately supporting PTF grievances and the general lack of protection for letter carriers from management's aggressive tactics and policies. He urges listeners to continue challenging management's actions and to prepare for future battles. The overall message is about the need for a new, more proactive approach from union leadership.

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Episode 133: Back inside the arbitration room. Closing arguments for management editing clock rings. Thanks to Cole Billups for his expertise. Jan 07, 2024

Show notes

This episode of From A to Arbitration presents the closing arguments in a 2020 arbitration case concerning the falsification of letter carrier clock rings. Corey begins by thanking Cole Billups for technical assistance in preparing the episode's audio.

Corey details the case's background, emphasizing the importance of thorough case preparation. He highlights the significant role of his co-advocate, JB, and other witnesses in the case.

The episode focuses on the legal arguments presented during the closing. Corey critiques management's defense, specifically criticizing their argument that no carrier was harmed by the clock ring falsification. He challenges management's stance on the status quo ante and the perceived lack of punitive remedies, arguing instead that the harm caused to the entire carrier unit constitutes a significant factor in the arbitrator's decision.

The episode delves into Corey's strategy, outlining how he challenged management's arguments, emphasizing the importance of meticulous review of case files and contract language. This includes pointing out inconsistencies and omissions in management's presentation of the case.

Corey cites specific examples of arguments presented (e.g., management's claims that clock ring alterations were for training purposes). He analyzes the case from the perspective of the arbitrator, indicating what the arbitrator may have considered in reaching a decision.

Finally, the episode details the arbitrator's final decision, highlighting specific language used to understand the arbitrator's considerations. Walton emphasizes the importance of documenting management's violations. Corey's perspective throughout the episode is that union representatives need to proactively seek all available evidence and make compelling arguments based on the contract and relevant case law to challenge management. He then pivots to a discussion of upcoming episodes, previews future episodes, including a look at the "Act of God" grievance process and "hour office time" issues. The episode ends with a passionate and resolute call for a more militant approach by union members and leaders to challenge the status quo and advocate for letter carriers' rights.

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Episode 132: Our year-end review and what to expect for the new year. Dec 31, 2023

Show notes

This episode of From A to Arbitration serves as a year-end review, offering a summary of the past year's activities and a preview of the upcoming year's focus. Corey expresses gratitude to Discord members for audio improvements, while acknowledging a technical difficulty during the recording.

The episode begins by highlighting the podcast's impressive download figures and reiterates Walton's commitment to factual accuracy. He stresses the importance of the podcast's role in educating and informing letter carriers.

The discussion then turns to a review of the ongoing arbitration cases, with particular focus on the ongoing charges against the union president. Corey critiques the union leadership's handling of these situations, citing instances of questionable tactics, lack of transparency, and potentially questionable behavior by union officials. He emphasizes the importance of the city letter carriers being placed first and foremost in union priorities, arguing that the current leadership has not done so. He directly criticizes the union's leaders for enabling what he perceives as problematic management behaviors, contrasting this with his own advocacy.

The episode examines several incidents, including a private Christmas party attended by the postmaster general and other union officials, which Corey criticizes as an instance of potential favoritism and lack of transparency.

Corey advocates for a stronger union stance, outlining plans to combat management tactics, particularly regarding the hour office time, redline policies, and stationary event issues. He emphasizes the union's obligation to protect its members from harassment and abuse and his plans to aggressively pursue these issues through the grievance process.

Corey previews a series of episodes dedicated to the Memphis case's full testimony, focusing on the detailed questioning and challenges involved, and expresses his intention to help fellow advocates prepare for similar cases. The episode closes with a strong call to action, urging listeners to maintain their engagement and support a new, more militant union leadership. The episode's overarching themes are advocacy, holding leadership accountable, and the need for a more aggressive and united stance by the union against management's perceived abuses.

http://www.fromatoarbitration.com/

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