
Episode 19: Article 16.8 Review of Discipline and the Swiss Army Knife. An in depth study on the concurrence of suspensions or discharge
From A to Arbitration · Corey L Walton
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Show Notes
This episode focuses on Article 16.8, which deals with review of discipline. Corey explains the importance of this article and how it can be used to challenge management decisions. He points out that any disciplinary action, such as a suspension or discharge, must be reviewed and concurred by a manager who is a higher level than the supervisor who initiated the discipline. This review should be independent, not a rubber stamp. He also suggests that if an arbitrator says that a disciplinary action is not a "de minimus" violation, then it is a fatal flaw and management's case may be thrown out.