From A to Arbitration

Latest Episodes:

Episode 31: Corrective rather than punitive. Let's think outside the box Nov 11, 2021

Show notes

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 given proper instruction and another punished for unauthorized overtime without management investigating the root cause. He advocates for union stewards to hold management accountable to the higher standard of corrective discipline and provides specific contractual provisions and arbitration precedent to support this argument.

Cohen C-00557

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Episode 30: Defeating CCA discipline. putting the pieces of the puzzle together Nov 01, 2021

Show notes

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 arbitration cases, emphasizing specific contractual language and arbitrator's decisions that support this principle, and encourages listeners to build strong cases by meticulously documenting violations of the principle of corrective discipline.

Cohen C-00557

Jacobs C-34761

Jacobs C-34218

Jacobs C-33500

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Episode 29: M-01967, Kingsport TN and Arbitration C-34197. A HUGE WIN FOR THE NALC AND ESCALATED MONETARY AWARDS Oct 21, 2021

Show notes

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-01967 document and the Kingsport case (C-04197) in all future grievances involving escalated monetary awards. He views this legal victory as a powerful tool for the union in ensuring future contract compliance from the USPS.

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Episode 28: Just cause principle: Was the disciplinary action taken in a timely manner? Another head scratcher Oct 11, 2021

Show notes

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. He encourages shop stewards to be mindful of the timing of disciplinary actions and to challenge any delays as a violation of the just cause principle.

Corey emphasizes the importance of this principle as a crucial protection for employees and highlights how it can be used to win grievances. He also encourages listeners to use his provided examples to strengthen their cases and to be proactive in their work as shop stewards.

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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. Oct 08, 2021

Show notes

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 the need for the union to challenge management when they fail to conduct a thorough investigation, particularly when the supervisor or a higher-level manager fails to follow proper procedures.

Corey provides several examples of how management has failed to conduct thorough investigations and how these failures can be used to win grievances. He stresses the importance of the shop steward's role in advocating for their brothers and sisters, especially in situations where management is not being fair or transparent. Corey concludes by urging shop stewards to be vigilant and to use their knowledge of just cause principles to defend their union members.

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Episode 26: Just cause principle: Was a thorough investigation completed? a very detailed journey through this principle. Sep 27, 2021

Show notes

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 stresses the employee's right to a fair opportunity to defend themselves against specific charges, emphasizing the need for shop stewards to carefully scrutinize investigative interviews and challenge shortcomings. A particularly explicit example of an inadequate investigation, involving a carrier's use of profanity towards supervisors, is used to illustrate the point. The episode also addresses due process violations, such as the concurring official's presence during the investigative interview, and the importance of raising procedural due process issues during the grievance process. Corey concludes by urging shop stewards to be vigilant in protecting employee rights and ensuring thorough investigations are conducted.

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Episode 25: Just cause principle; Is the rule consistently and equitably enforced? The obliterator of discipline Sep 21, 2021

Show notes

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 the union needs to hold management accountable for their actions by pointing out these inconsistencies.

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Episode 24: Just cause principle: Is The Rule A Reasonable Rule? The ugly duckling of just cause provisions Sep 10, 2021

Show notes

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 contention, rather than simply failing to follow an instruction. The discussion stresses that a supervisor must consider the reasonableness of a rule before initiating disciplinary action, and that a rule's violation is only justifiable if the rule itself is reasonable.

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Episode 23: Just Cause Principle- Is There A Rule? breaking down this sub-question Sep 03, 2021

Show notes

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 concepts and also encourages listeners to be proactive and thorough in their work as shop stewards.

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Episode 22: Article 16.1 getting ready for the just cause principles. Making sure it's the "supervisor" that is doing the work Aug 29, 2021

Show notes

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 listeners to be proactive in challenging management's actions.

http://www.fromatoarbitration.com/

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