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    Education

    From A to Arbitration

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

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    Copyright: © Copyright 2024 by Corey L Walton

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    Latest Episodes:
    Episode 111: Some more muddled Bullsh*t and a refresher course on the past practice of doing union work, on the clock, at our union hall. Jul 24, 2023
    Show notes

    This episode discusses several hot topics, including Corey's recent experience with online criticism and the passionate defense he received from listeners. Corey emphasizes that he's committed to educating and advocating for letter carriers, regardless of listener reaction. He notes that some listeners criticized the podcast's tone, shifting from informative to overly emotional, although he argues the podcast is ultimately about protecting letter carriers.

    The episode pivots to the central issue of the falsification of heat-related training (HIPP) records, which Corey considers a serious and widespread violation of the contract. He applauds the efforts of two business agents, Mike Caref and Eddie Davidson, who have been actively fighting these issues. He underscores the critical role of education and union advocacy in combating these issues. Corey argues the falsification directly relates to management's pressure to reduce office time, noting that the training, a twenty-minute video, is intentionally not completed, so carriers are not given the time or are being dishonest to make it look like they've done their training, instead of giving them adequate breaks, which are protected under the contract.

    Corey delves into two arbitration case studies from previous episodes, focusing on past practice violations. In these cases, management attempted to unilaterally change established practices regarding union hall use. The cases demonstrate the importance of establishing a valid past practice to protect the union's right to utilize the union hall for work on the clock. A core point is that management argues that such practices are inefficient or unsafe, but fails to provide evidence to back up these claims and fails to engage in good-faith negotiations. Corey repeatedly emphasizes the importance of demanding evidence and documentation from management to support their claims, highlighting the potential for these arguments to be used in any past practice case.

    Corey provides clear instructions to determine if a carrier's HIPP training was falsified. This includes navigating the carrier's liteblue online portal to view training records and details. He stresses the importance of documenting any issues and using this information in grievance filings. He concludes with a call for unity and action among carriers and union members to address the issues presented, as well as a declaration of his continued commitment to fighting for their rights and safety.

    http://www.fromatoarbitration.com/


    Episode 110: Come at me bro Jul 18, 2023
    Show notes

    This episode of From A to Arbitration, despite technical difficulties, focuses on the critical issue of intentional falsification of heat-related training records by the Postal Service. The host, Corey, expresses frustration at the pervasive nature of this issue, arguing it's the most significant grievance facing carriers in their careers. He emphasizes the importance of holding the Postal Service accountable for this intentional misconduct, likening it to a battle that demands resolute action from the union.

    Corey addresses a criticism leveled against him by a person within the union's structure and commits to discussing it further. He lauds the efforts of two business agents, Mike Carriff and Eddie Davidson, for their proactive and aggressive approach to protecting letter carriers in these cases, highlighting their understanding of the importance of education and advocacy to ensure carrier safety. He argues that a well-educated workforce is a powerful workforce, essential to challenging management's attempts to circumvent the contract.

    Corey criticizes the union's apparent lack of decisive action in many areas, highlighting how certain business agents and B-teams have seemingly chosen to avoid confrontation. He critiques the passivity displayed by some, urging them to become more proactive advocates. He advocates for transparency and accountability within the union structure, suggesting that every aspect of union activity be visible and explainable.

    The episode dives into a specific B-Team decision, outlining the issues involved in a heat-related training case. The decision had been critiqued by some as not taking an assertive stance against the Postal Service's clear falsification, although both parties had already identified the violations. This is a key point: Corey's criticism was not that the decision wasn't strong enough but that the union failed to appropriately pressure management to adhere to the contract.

    Corey stresses the importance of holding management accountable, especially when they are intentionally violating the contract. He insists on thorough documentation of carriers' lack of training to support claims to arbitrators, and advocates for challenging management's assertions that this was not a recurring problem.

    He highlights management's attempts to present "smoke and mirrors" arguments, emphasizing the importance of focusing on the falsification of records rather than irrelevant details like safety talks or postings. He also discusses the importance of supervisors ensuring training compliance, pointing to the fact that some employees are still being put at risk without proper training due to intentional violations of the contractual obligation of heat-training. This issue directly relates to the health and safety of the carriers.

    Corey concludes the episode by emphasizing the need for the union to be more assertive in defending the rights of letter carriers, especially in cases involving heat-related training violations. He emphasizes the need for stronger union leadership to actively support carriers and encourages transparency in union operations. He asserts that the union's failure to act decisively is a serious flaw that threatens the safety and welfare of the workforce.

    http://www.fromatoarbitration.com/


    Episode 109: It has officially hit the fan Jul 10, 2023
    Show notes

    This episode is a passionate and lengthy discussion centered on the escalating issue of heat-related safety concerns for postal workers, and the union's response (or lack thereof) to management's apparent disregard for those concerns. Corey expresses deep frustration with the perceived inaction and complacency of some union leaders. He argues that the current leadership is failing to adequately protect letter carriers, highlighting the significance of the falsification of heat training records and the resulting lack of protections for carriers.

    Corey focuses on the importance of proactive union action, emphasizing that current leadership's lack of public engagement and direct challenge to management's policies is harmful. He cites the need for a "library of arbitration decisions" to provide a strong foundation for future grievances, specifically noting that management often lies and fails to provide sufficient documentation when facing scrutiny. This point highlights his strong belief that the union's inaction is directly endangering workers.

    He details a recent B-team decision that, rather than confronting the potential falsification of heat training, essentially instructed management to "just do the training." Corey criticizes this approach, arguing it gives management a loophole and essentially allows them to continue their detrimental practices.

    Corey also argues that management's recent actions—specifically, their responses to OSHA complaints and their refusal to provide requested information about heat training—are further evidence of a pattern of deceptive practices. He points out how management's rhetoric of concern for employee safety contrasts sharply with their concrete actions that put carriers at risk. He suggests that the union's inaction is likely a deliberate choice by union leadership to avoid confrontation, which he strongly criticizes.

    He calls for a nationwide rally to address the working conditions and advocate for carriers, reiterating that a collective voice is critical for bringing about meaningful change. He emphasizes the importance of being prepared for management's arguments (e.g., claims of inefficiency or concerns about safety). The discussion concludes with a call for increased union engagement, stronger leadership, and the immediate need for a public effort to influence policymakers and advocate for carriers' safety and working conditions.

    http://www.fromatoarbitration.com/


    Episode 108: The Charges. The warriors coming out to play. Jul 03, 2023
    Show notes

    This episode of From A to Arbitration is a passionate critique of the NALC's leadership and management's handling of heat-related safety issues, specifically focusing on the death of a letter carrier, Eugene Gates. Corey starts by acknowledging listener feedback and previews upcoming episodes on emergency placement.

    The core of the episode is an intense critique of the union's leadership, particularly the president, for their perceived inaction and lack of advocacy on behalf of city letter carriers. Corey argues that the current leadership is not adequately representing the concerns of carriers regarding the dangerous working conditions, especially the heat-related risks. He accuses the president of being out of touch with the realities on the workroom floor and of failing to advocate for better working conditions, instead focusing on other issues. This criticism is specifically tied to the death of Mr. Gates, Corey asserting that management's policies and the union's failure to act contributed to his death.

    The episode features Corey reading a newspaper article detailing the circumstances of Mr. Gates' death and the employer's subsequent, perceived lack of response. This article and the subsequent discussion are a central part of Corey's critique, illustrating what he sees as the union's failure to use these incidents to leverage change and educate their members. Corey calls for a more proactive and aggressive union stance on these types of safety concerns and critiques the lack of leadership.

    The episode concludes with a call for action, urging listeners to take their concerns regarding working conditions to their local leadership. He advocates for a militant stance on grievances and emphasizes the need for unity and education within the membership to counter management's tactics. The episode's underlying message is a call for a shift in the union's strategy to effectively represent the safety and well-being of letter carriers and to fight back against management's abuses of power.

    http://www.fromatoarbitration.com/


    Episode 107: Everything you'll need to defeat roll-away run-away discipline. Jun 26, 2023
    Show notes

    This episode delves into the topic of rollaway runaway accidents and how to combat potential disciplinary actions against postal workers. Corey begins by reiterating his commitment to supporting letter carriers, stating that he will not back down from any criticism or perceived shortcomings in his advocacy. He emphasizes that his primary focus is on the safety and well-being of postal workers.

    The episode then centers on rollaway runaway accidents, presenting a detailed account of a 2011 case involving a carrier at his former station. This extensive case file, comprising 262 pages, is slated for public access on the podcast website, providing a detailed template for handling similar incidents. Corey stresses the importance of thoroughly documenting every aspect of the accident, including witness statements, information requests, and any communication between the union and management.

    A key argument presented is that vehicle maintenance facilities (VMF) often deflect blame from themselves onto carriers. Corey emphasizes the importance of challenging these claims and demanding documentation demonstrating that the vehicles are indeed in safe working order.

    The episode also revisits the issue of stationary events and how scanner data, used for route evaluations, can be manipulated by management to unfairly discipline carriers. Corey argues that management's use of these data points for disciplinary actions outside of the context of route adjustment (as outlined in memos) is a violation of existing policies. He stresses that carriers should not be penalized for legitimate actions on the street based on data collected solely through a scanner. Corey asserts that the union must forcefully challenge such practices and demand a clear articulation of the justification for any such actions.

    Several arbitration decisions are discussed, particularly those regarding rollaway runaway accidents and disciplinary actions. The episode emphasizes the importance of understanding the implications of false park defects in these types of accidents and suggests the need for detailed and thorough investigation by union representatives at the scene.

    Corey concludes by calling for a proactive and assertive approach to union leadership, emphasizing the importance of collective action to combat management tactics that threaten carrier safety and working conditions. He advocates for a wider-reaching campaign to raise public awareness about these issues and urges listeners to file similar grievances and actively challenge these tactics. Finally, he commits to providing information on donating to the family of a recently deceased carrier, Mr. Gates, demonstrating a continued commitment to supporting the carrier community.

    Roberts C-30421

    http://www.fromatoarbitration.com/


    Episode 106: For our brother Eugene Gates Jr. Your passing will not be in vain. Jun 23, 2023
    Show notes

    This episode is a powerful and emotionally charged response to the death of letter carrier Eugene Gates Jr. in Dallas, Texas. Corey expresses deep anger and frustration with the Postal Service's perceived lack of concern for employee safety, particularly in the context of heat-related illnesses, and the union's seemingly inadequate response.

    The episode's main theme is Corey's sharp criticism of NALC leadership, particularly the union president. Corey argues that the president has failed to effectively address the heat-related safety concerns, and the death of Mr. Gates, leading to a lack of proactive advocacy and a failure to educate members about their rights. He accuses the leadership of failing to rally public support for the carriers' safety and well-being. He stresses that the union's silence, coupled with management's apparent disregard for carrier safety, has left workers vulnerable.

    Corey uses the death of Mr. Gates to illustrate the lack of a strong union response. He critiques the statements made by the USPS and the president on the incident, contrasting them with a more forceful stance on protecting letter carriers' safety, arguing that management is prioritizing metrics over worker safety, and highlighting what he sees as a deflection of responsibility onto the carrier.

    Corey then analyzes specific arbitration precedents, outlining the steps in how to challenge management's practices. He reiterates his approach to grievance filing, urging members to focus on the contractual obligations of management and the union's responsibilities. Corey argues that by failing to take a proactive stance against the abuse of carriers, the union has failed to protect their members and has effectively given management the upper hand. Corey calls for more militant action and a change in the union's culture to better represent the city letter carriers, emphasizing the importance of education. The episode closes with a call to action, urging greater member involvement in advocating for safer working conditions and a stronger union, highlighting the need for a change in leadership to effectively represent carriers and challenge management's indifference to carrier safety.

    http://www.fromatoarbitration.com/


    Episode 105: I'm not the one, pony boy. Everything we need to beat stationary events discipline. Business agents quit selling us out. Jun 19, 2023
    Show notes

    This episode of From A to Arbitration is a highly critical and passionate discussion about Corey's frustrations with the NALC's leadership and management's tactics, particularly regarding heat safety issues, the handling of grievances, and the perceived lack of member support. Corey begins by thanking a guest and previews future episodes on emergency placements and time record falsification.

    The episode centers on a specific grievance involving a one-hour office time policy. Corey criticizes the union's apparent inaction and lack of preparation in addressing the new policy despite months of discussion and speculation about its implementation. He directly challenges the union's leadership, arguing that their hesitation and lack of proactive measures in preparing their members for such potential issues put their members at a severe disadvantage in negotiations and potential arbitration. He further criticizes this by highlighting that the NALC is now behaving like 15 different unions, rather than as a cohesive national entity.

    Corey analyzes several arbitration decisions, emphasizing that management's arguments are often based on dubious metrics and that their actions are not always in keeping with the contract's protections for workers. He demonstrates how to effectively dispute charges related to stationary events, emphasizing that carriers should primarily respond with "I was working," and avoid engaging in further discussion about their activities. He criticizes management's practice of using scanner data as evidence, pointing out that the use of these data points is often prohibited, based on their own memos.

    Crucially, Walton dissects the importance of understanding and using contract provisions like Article 16, which details the "Just Cause" principle, to challenge management's actions. He advocates for meticulously scrutinizing any discipline notices to ensure they have a strong factual basis and are consistent with the contract. Walton also emphasizes the importance of understanding and challenging management's attempts to use "covert techniques" (e.g., monitoring on scanners) to support disciplinary actions. He cites a specific arbitration ruling that addressed such tactics and argues that any disciplinary actions based on these techniques are often invalid.

    Corey critiques the union's leadership for not proactively educating members, highlighting that carriers are being disciplined or pressured into unsafe practices, and that the union isn't providing adequate support or guidance. He emphasizes the need for a stronger and more unified stance against management, including an aggressive approach to challenging management's actions and demanding compliance with the contract.

    The episode ends with a passionate call for change within the union, advocating for more assertive and educated union leadership. He emphasizes the need for collective action and urges listeners to prepare for upcoming challenges through education on relevant contractual provisions, arbitration precedents, and the establishment of a more assertive stance against management.

    M-01458

    wolitz C-32778

    http://www.fromatoarbitration.com/


    Episode 104: Special guest Mr. Cole Billups goes in depth about the anatomy of a grievance file. Jun 11, 2023
    Show notes

    This episode is hosted by Cole Billups, a shop steward in Asheboro, North Carolina, delves into the anatomy of a grievance file. The episode is aimed at new shop stewards and those considering the role. The episode begins with a breakdown of the different steps in the grievance process: Informal Step A, Formal Step A, Step B, and Arbitration. It emphasizes the time limits for each step and highlights the importance of documenting everything. Cole then dives into the process of investigating a grievance, emphasizing the importance of being methodical and using available resources like employee everything reports and online resources. He advises new stewards to be detail-oriented and to use interviews with carriers, management, and even customers to gather information. He discusses the importance of requesting information and time from management, always ensuring to obtain copies of signed requests and confirmations of time provided.

    Next, Cole delves into the construction of a grievance file, emphasizing the need for clarity and conciseness. He recommends using a template for issue statements, facts, contentions, and remedies. The episode goes into detail about the importance of remedies, emphasizing the need to make them enforceable for the future. Cole advises shop stewards to aim for language that includes cease and desist clauses and escalated monetary awards for future violations. He concludes by offering a step-by-step guide on organizing a grievance file, highlighting the importance of including all relevant documents and contract language. The episode ends with a brief discussion about the informal Step A meeting and encourages new stewards to be effective in representing their members.

    http://www.fromatoarbitration.com/


    Episode 103: My ideology, Discussing the Arbitrators view on management requiring medical documentation for calling in sick 3 days or less. Jun 05, 2023
    Show notes

    This episode of From A to Arbitration focuses on challenging management's requests for medical documentation when an employee calls in sick for three days or less, emphasizing the importance of a strong and well-prepared union defense against potential abuses of power. Corey begins by acknowledging listener feedback and upcoming episode previews.

    The core theme of the episode is a deep critique of management's potential for abusing power and the need for union members to be prepared to challenge such actions. Corey highlights a recent trend where management is increasingly demanding medical documentation for short-term sick leave, arguing this practice may violate the contract, and is particularly problematic because it lacks clear legal justification or precedence within the contract.

    The episode presents several specific arbitration cases involving similar issues and dissects the relevant contract provisions to demonstrate Corey's position that management has the burden to prove a valid reason for requiring such documentation. He emphasizes the importance of understanding the procedural requirements for grievances and how management's actions potentially contradict established principles and protections afforded to letter carriers.

    Corey also shares a personal story about a near-drowning experience, using it to illustrate the theme of standing up for oneself and one's rights, arguing that a strong advocacy stance is crucial for the union and its members.

    He concludes by reiterating the need for union members to be educated and equipped to challenge management's policies, and by outlining a plan to help members prepare for similar future issues. The overall message is a call for a more proactive and assertive approach to defending the rights of letter carriers against potential management abuses.

    Brandon C-19250

    McConnell C-04974

    Foster C-04436

    Caraway C-04195

    Rosen C-30959

    Marx C-04209

    Zumas C-04897

    http://www.fromatoarbitration.com/


    Episode 102: Fight for our safety and understand our rights. May 29, 2023
    Show notes

    This episode of From A to Arbitration is a highly critical discussion of the NALC's leadership and management tactics, focusing on Corey's frustration with the union's handling of recent grievances, particularly those related to heat safety. Corey begins by thanking a guest and previews future episodes focused on specific grievances and tactics for challenging management.

    The central theme is a powerful critique of the union's leadership. Corey argues that the union leadership has failed to adequately represent the interests of letter carriers, particularly in protecting them from potentially dangerous working conditions, such as the heat, and has not aggressively challenged management's actions. He emphasizes the importance of a proactive, militant approach to grievances. He also criticizes the union's leadership for not educating members about their rights and responsibilities regarding various grievances (like those concerning time-record manipulation or other forms of work).

    Corey dissects several recent arbitration cases and grievance procedures, arguing that the union has allowed management to dictate terms in these situations and has not pursued stronger, more forceful remedies. He accuses the union of abandoning its members and being too focused on maintaining their positions instead of representing the city letter carriers.

    A key point is Corey's analysis of how management's arguments frequently center on procedural issues (such as timeliness of grievances), thereby enabling management to avoid accountability and effectively silencing carrier concerns. Corey emphasizes the importance of challenging these procedural arguments and holding management accountable for their actions, regardless of whether a member has made a mistake, emphasizing that the union needs to be aggressive in defense of its members and their rights.

    The episode concludes with a call to action, urging listeners to prepare for future challenges by studying arbitration precedents and the contract, and to vote for a union leadership that is actively committed to defending the rights and safety of city letter carriers. He underscores the importance of member unity and education in opposing management's tactics and demands a more assertive role in representing the needs of carriers.

    Rentfro C-01030

    Dash Jr. C-00308

    Roberts C-31908

    http://www.fromatoarbitration.com/


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