From A to Arbitration

Latest Episodes:

Episode 81: I forgot. Salted Peanuts Jan 09, 2023

Show notes

The episode features a collection of anecdotes and advice for postal workers navigating labor disputes with management. Corey emphasizes the importance of union solidarity and aggressive representation, illustrating his points with stories of management lying about employee infractions and manipulating disciplinary procedures. He encourages listeners to be proactive in challenging management claims, offering strategies for shop stewards to defend their coworkers during investigative interviews. Ultimately, Corey aims to empower postal workers with knowledge of their contractual rights and inspire them to hold both management and union representatives accountable for ensuring fair treatment.

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Episode 80: JB and an ode to a good friend. JB goes in depth about quarterly overtime grievances. From the From A to Arbitration team, Merry Christmas happy holidays and we will talk to yall next year. Dec 12, 2022

Show notes

JB explains in great detail how to interpret local overtime records and file a grievance if overtime has not been distributed equitably among employees. He emphasizes the importance of thorough documentation, careful analysis of clock rings, and understanding the contractual obligations of both management and employees. Interspersed with this technical information are heartfelt expressions of gratitude for the labor movement, reflections on a friend's recent death, and pronouncements about the dignity of hard work. Ultimately, the episode highlights the importance of advocating for oneself and one's co-workers, understanding one's rights, and continuing to learn.

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Episode 79: The distinguished Mr. John Poskin educating us on grieving transfer denials. Dec 05, 2022

Show notes

The episode features a guest speaker, John Poskin, a union steward with extensive experience in handling transfer grievances. Poskin provides a detailed explanation of Article 12 of the National Agreement, which outlines the process for employee transfer requests within the Postal Service. He emphasizes the importance of "full consideration" of an employee's work history, attendance and safety records when considering a transfer request. Poskin also discusses two specific grievance cases he handled, highlighting the importance of thorough investigation, documentation and communication with management to ensure fair treatment for employees seeking transfers. The episode concludes with Corey expressing his gratitude to Poskin for sharing his expertise and announcing upcoming episodes on other relevant topics.

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Episode 78: Defeating the hour office time; a short literary composition expository in nature authored by Richard Ray and Sean Killeen Nov 29, 2022

Show notes

A letter carrier, Richie Ray, successfully grieved a new policy that imposed a blanket 60-minute office time for all carriers, regardless of mail volume. The grievance argued that this policy violated multiple articles of the National Agreement and disregarded established postal handbooks and manuals.

Here's a breakdown of the key points:

The grievance cited specific sections of handbooks M-41 and M-39 to demonstrate the violation of existing office time standards. It also argued that the policy created a hostile work environment due to the undue stress placed on carriers.
Management's response claimed the grievance was frivolous and cited Article 3, which grants management the right to manage, and ELM 665.15, which mandates employees to obey supervisor instructions. They argued the policy aimed to enhance productivity and reduce overtime.
The Dispute Resolution Team (DRT) ruled in favor of the union, finding the grievance to have merit. The DRT found that management's imposed policy of a specific office time regardless of mail volume directly contradicted established postal handbooks and manuals.
The DRT ordered management to retract the policy, allow carriers to perform their duties according to established procedures, and conduct a service talk to inform carriers of the policy's retraction.

Corey celebrated this victory as a precedent for challenging similar policies nationwide. He emphasized the importance of citing specific contractual provisions and using tools like work hour workload reports to support grievances.

Additionally, he addressed the issue of timeliness, using a case from National Arbitrator Richard Mittenthal as an example. This case established that continuous violations of the contract can be grieved at any point, regardless of when the violation began. This sets a precedent for challenging ongoing violations even if they weren't initially grieved.

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Episode 77: My state of our Union address Nov 21, 2022

Show notes

The episode highlights various grievances and concerns raised by members of a union regarding the lack of representation and support from their leadership. Members express frustration over the unavailability and inaction of their union president and shop steward, leading to a sense of abandonment and vulnerability in dealing with management. Grievances include delayed merger processes, lack of response to management's actions, and reluctance to dispute unfair treatment, ultimately leading to a loss of trust and confidence in the union's ability to protect and represent its members.

Also emphasized is the members' dissatisfaction with the union's handling of disciplinary cases and its failure to provide adequate support and information. There is a strong sentiment of betrayal and disillusionment among the members, who feel that their dues are not translating into effective representation and protection. The analogy of hiring a security service that fails to deliver on its promises is used to illustrate the members' frustration and the disconnect between the union's promises and its actual performance.

Overall, the episode underscores the urgent need for improved communication and support mechanisms within the union, with a call for a more responsive and accountable leadership that prioritizes the members' concerns and actively engages in addressing their grievances. The lack of effective representation and protection on the workroom floor is a central issue, prompting a plea for a more accessible and supportive network for members to seek help and address workplace challenges.

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Episode 76: The Shepherd Mike Caref going behind the scenes on upcoming contract negotiations Nov 14, 2022

Show notes

In this episode, Corey talks about contract negotiations with a guest, Mike Caref. Corey then goes over the 2023 contract negotiations, talking about the changes that have been made since the 2019 contract negotiations. They discuss pay, full-time assignments, mandatory overtime, transfers, work schedules, and contract compliance. Mike gives his perspective on these issues, and they discuss his own views on how the current contract is not working well for letter carriers. He emphasizes the need for better pay, full-time assignments, and an end to mandatory overtime. He argues that the contract should be more favorable to letter carriers and that the postal service should take the needs of its employees into account.

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Episode 75: Trapping a lion. Julio Cesar Chavez. Grieving Management removing our hard plastic trays from our cases Nov 06, 2022

Show notes

Corey discusses a grievance filed in 2014 regarding the placement of hard plastic trays used for mail delivery. Management instructed carriers to store the trays away from their cases, contradicting past practice and the M-39 handbook. The grievance, supported by the union, argues that management is violating Articles 3, 5, 15, and 19 of the national agreement by unilaterally changing procedures. The union contends that past practice allows trays to be kept at the carrier's case. The episode highlights management's argument based on Article 3, which allows for management rights to direct work, and cites OSHA concerns as justification. The arbitrator's decision, referenced in the grievance, agreed with the union's assertion that the Eastern Area redline policy is no longer in use. Corey emphasizes the importance of using the grievance procedure as a tool to dig a "hole" for management to demonstrate the need for a change in their behavior. He also urges shop stewards to look beyond the grievance process, to take care of carriers, offer EAP support, and to not allow despair to set in. The episode also addresses listener feedback, including requests to use less jargon and to improve podcast structure.

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Episode 74: My Dad, a removal, is your business agent a shepherd or a sheepherder? Dealing with relevancy letters. Oct 31, 2022

Show notes

Corey discusses relevancy letters, removals, and formal step A meetings. He emphasizes the importance of the formal step A process as a critical juncture for building a strong case. Corey recounts a recent conversation with a carrier facing a removal, highlighting the importance of thoroughly understanding the controlling documents and asking clarifying questions to ensure a strong position. He emphasizes the importance of the carrier being aware of their rights and knowing they are correct, regardless of management's rhetoric. He also cautions against answering questions directly from management without union representation present. Corey details a specific removal case, where management used scanner data to justify the disciplinary action, and criticizes the management approach. He stresses the crucial role of a shop steward, branch president, and business agent in defending carriers' rights. He criticizes the perceived cowardice of some business agents and urges them to be proactive shepherds rather than passive sheep herders in representing their members. He also dissects a specific relevancy letter from management, highlighting the union's rights regarding information requests under Articles 17 and 31 of the National Agreement. Corey asserts that management does not dictate relevancy; the union does. He discusses cases using pertinent arbitration decisions, like those from Arbitrators August and Mittenthal, to demonstrate that his approach aligns with established precedents. Crucially, Corey emphasizes the importance of thoroughly examining the reasoning behind the management's position. Finally, he addresses listeners' concern about quarterly overtime and future topics.

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Episode 73: Reviews. Grieving residual mail in the DPS Oct 17, 2022

Show notes

The episode is about residual mail and the DPS process. Corey discusses several arbitration cases related to this issue, highlighting the disagreement between the union and management about how residual mail should be handled. He emphasizes that management is often incorrect in their interpretation of the rules and that the union has successfully argued against them in several cases. Corey encourages viewers to use the resources provided (including the JCAM and arbitration decisions) to build their own cases and to reach out to the union for assistance if they have any questions.

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Episode 72: JB, the expert, dealing with Management performing craft work. An expert doing expert things as only an expert can. Oct 10, 2022

Show notes

This episode is a discussion about how to identify and grieve violations of the union contract when a 204-B supervisor is performing bargaining unit work. Corey emphasizes the importance of keeping detailed records and using resources like the JCAM and DOIS reports to build a strong case. They also encourage viewers to get involved in their local union and to be mindful of the need for strong leadership.

http://www.fromatoarbitration.com/

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