
From A to Arbitration
353 episodes — Page 6 of 8
Episode 99: JB's salted peanuts. 3999 & demonstrated performance. Grieving return to work letters requiring signatures.
EThis episode, featuring Corey and Jason “J.B.” Leath discussing various issues concerning letter carriers' rights and grievances. Leath addresses concerns about management's use of PS Form 3999 (a one-day mail count) to circumvent the TIEREAP route adjustment process. He argues that this is an attempt to establish new performance standards outside of agreed-upon procedures. He details how carriers should respond to management's use of 3999s, by immediately filing grievances for issues such as improper requests, refusal of copies, and discrepancies with estimated times. He also discusses how the use of one-day counts or 3999 evaluations could lead to violations of other articles (8, 16, and 41) and potential disciplinary actions. JB stresses the importance of documentation, pattern recognition, and unified action to resist these practices. A major point is the inappropriate use of a single day's performance to establish a carrier's performance standard and the carriers' rights to grieve such attempts. He also emphasizes that carriers are not obligated to sign non-postal forms, such as "welcome back" or "return to work" letters, unless those forms are compliant with existing agreements. JB cites various M-documents and handbook provisions to support his claims. The episode highlights the need for carriers to be proactive in filing grievances, educating themselves about their rights, and supporting each other. JB also promotes regional podcasts to address specific issues and help educate carriers. 17 minutes - 3999 and demonstrated performance 58 minutes - grieving management requiring carriers to sign return-to-work letters http://www.fromatoarbitration.com/
Episode 98: Spicy salted peanuts with an emphasis on HERO training falsification.
EThis episode focuses on grievances related to alleged management misconduct and the lack of support from the union. Corey begins by acknowledging JB Leath's absence due to baseball commitments and promises to cover the one-day count grievance in a future episode. He then dives into multiple listener emails and messages, detailing issues like management's alleged falsification of heat training records and attempts to enforce arbitrary time limits (e.g., one hour office time, 22 minutes loading time). Corey highlights a concerning pattern of management imposing new standards and policies without clear contractual basis, and without adequate union response. He critiques the union's perceived inaction and lack of proactive measures in addressing these issues. He also discusses a letter of warning for a carrier who experienced a minor accident, arguing that the wording and accusations are overly harsh and lack justification. Corey emphasizes the importance of carriers documenting instances of perceived harassment or intimidation and the critical need for proactive grievance filing. He then outlines the issues with mandatory scanners, threats made regarding completion of routes, and the noncompliance of existing grievance agreements by management. He specifically details the steps involved in falsifying HERO training records and argues for a class-action grievance against the management. As a remedy, Corey advocates for $50 per calendar day for every affected carrier from April 1, 2023, until the actual training is successfully completed. The podcast concludes with Corey reiterating his commitment to representing letter carriers, calling out perceived inadequacies in the union's response, and challenging any union officials to a public debate on the discussed issues. EL 801 1-1 thru 1-7 EL 802 4-1 (f) EL 814 intro ELM 811.21-811.25 ELM 812.3-812.51 ELM 817.9 ELM 821.141 http://www.fromatoarbitration.com/
Episode 97: Me & from A to Arbitration
ECorey recounts a personal experience where he faced intimidation from postal inspectors and the subsequent decision to join the union. He now passionately advocates for letter carriers, citing numerous complaints about inadequate union support and management's attempts to reduce work time/load times through falsified training records. Corey emphasizes that the union isn't always representing carriers effectively, leading to his confrontational tone and focus on filing grievances. He plans a future episode with JB focusing on grievances regarding improperly recorded training. He mentions a listener's concern about the negativity of the podcast and acknowledges that a portion of his audience is displeased with the shift in tone. He states that his focus remains on educating carriers and supporting them, even if it means confrontation. He highlights specific examples of management actions and encourages listeners to file grievances regarding these issues. Corey highlights the value of his podcast by citing over 217,950 downloads and the impact his episodes have had on listeners with successful grievance outcomes. Finally, Corey plans to continue his role as a voice for voiceless letter carriers, even if it means alienating some listeners. http://www.fromatoarbitration.com/
Episode 96: The possum or the Lion, which is it? Salted peanuts
EThis episode focuses on the perceived weakness of the NALC in addressing carrier concerns, likening the union to a possum, not a lion. Corey critiques the union's response to various issues, including management's increased monitoring (through memos and videos showing how to meet office time/load time standards), inadequate training documentation (including falsified records for heat illness prevention training), and the use of locally-generated forms that are inconsistent with the contract. Corey emphasizes the need for the NALC to take a more assertive stance in defending letter carriers. He criticizes the lack of action from union leadership and business agents to address these concerns and points out the union's failure to issue cease and desist orders. He highlights examples of management using new tactics, documented via scanner messages, to monitor carriers' time. He challenges the validity of new management-imposed load and office time standards in light of documented past practices. Importantly, Corey highlights several arbitration case summaries, specifically decisions from arbitrators Arlen Sensi, David Stanton, and Louise Wollatz, addressing violations of the contract. These summaries detail instances where locally generated forms were not properly promulgated, or forms violated national standards, and resulted in union wins. He urges listeners to examine these cases for their insights. He also mentions a national video on how to meet new office time/load times that carries potential for discipline. Further, Corey discusses issues around certified mail and DPS procedures, highlighting contradictions between postmaster instructions and the contract (M-41 335.16). He provides a solution: use the contract to challenge these practices through grievances. He concludes by reiterating the need for the NALC to be more proactive and aggressive in defending the rights of letter carriers. Finally, Corey emphasizes the importance of using arbitration case studies to inform grievances, and notes the use of discord and other online forums as avenues for support and information sharing among carriers. He further emphasizes the importance of the cease and desist orders in these grievances and urges listener engagement in such efforts. Hutt C-35552 Stanton C-34924 Wolitz C-34211 Stanton C-34874 Cenci C-35989 http://www.fromatoarbitration.com/
Episode 95: The enemy of my enemy is my friend. Salted peanuts
EThe episode leverages the adage, "The enemy of my enemy is my friend," to illustrate their support for rural carriers who are also negatively impacted by management decisions, aligning both groups against a common adversary. This "enemy," management, is accused of unfair labor practices like manipulating route inspection data, imposing unreasonable time constraints, and disregarding medical restrictions. Corey criticizes the larger union for not adequately protecting workers and encourages carriers to actively resist these injustices by grieving every infraction and refusing to be conditioned into accepting unfair treatment. Ultimately, the episode reveals a struggle for power between labor and management within the postal service, with Corey urging individual workers to become informed and take action to protect their rights. http://www.fromatoarbitration.com/
Episode 94: John Poskin doin some salted peanuts as he's rubber banded to my microphone.
EThis episode, Corey, introduces John Poskin who provides an in-depth analysis of filing grievances, particularly focusing on PS form 8190 and its correct usage. John emphasizes the importance of accurately documenting details like seniority dates and grievance numbers, using real arbitration cases to illustrate their significance in achieving favorable outcomes for employees. A substantial portion of the episode centers around the concept of "light duty" assignments, delving into the specific contractual language and obligations of both the employee and the postal service. John discusses various clauses within Article 13 of the JCAM (Joint Contract Administration Manual) that pertain to light duty requests, eligibility criteria, and the responsibilities of installation heads in granting or denying them. http://www.fromatoarbitration.com/
Episode 93: Salted Peanuts
EThis episode Corey begins by expressing gratitude to his team, emphasizing the importance of their online platforms like the website, Facebook page, Discord, and Reddit for disseminating information and fostering a sense of community. He then addresses a listener's concerns about their local union leadership, specifically criticizing a business agent's "cowardly" explanation that blames letter carriers' behavior for weak contract negotiations. Corey then reads and comments on a letter from an "angry branch president" who is frustrated by weak pre-arbitration settlements that fail to hold management accountable for violating contract terms. Corey shares the president's anger and emphasizes the need for strong union representation that fights for the rights of letter carriers. He concludes by briefly addressing other topics like mail count procedures, disciplinary actions, and uniform allowances, reiterating the importance of utilizing the grievance process to challenge management and advocate for fair treatment. 1838c 22 minutes CCA uniform allowance 1:00 http://www.fromatoarbitration.com/
Episode 92: Forgiveness and salted peanuts
ECorey apologizes for a technical issue and expresses his dedication to educating and supporting union members. He emphasizes the importance of filing grievances as a powerful tool for union members to assert their rights and hold management accountable. He delves into Article 17 of the national agreement, providing a detailed explanation of steward rights regarding grievance investigation time and urging stewards to challenge management's unreasonable denial of this time. Through various anecdotes and case studies, he highlights the significance of meticulous documentation, thorough investigation, and knowledge of contractual provisions to effectively challenge disciplinary actions and protect workers' rights. http://www.fromatoarbitration.com/
Episode 91: I Love You
ECorey criticizes the lack of support and representation from union leadership, arguing that the root cause of this failure is a "lack of love." He emphasizes that love, in this context, means fiercely protecting and advocating for the rights of union members. He advocates for a ground-roots uprising, urging listeners to vote out ineffective union leaders and stand up for their rights. He concludes with an emotional appeal, expressing his love for the members and his frustration with the current state of the union! http://www.fromatoarbitration.com/
Episode 90: Bob Ross aka JB doing a bit of salted peanuts
EThe episode centers around educating letter carriers about their rights, particularly regarding grievances against management. JB emphasizes the importance of meticulous documentation, using examples like clock rings and tax reports to support grievance claims. He also encourages letter carriers to be aware of their rights as outlined in the M-41 handbook, especially regarding PM office duties and the processing of undeliverable mail. Ultimately, JB advocates for a unified workforce, urging letter carriers to support each other and utilize the grievance process to ensure fair treatment and adherence to contractual obligations. 20:00 Identifying falsified clock rings 43:00 defeating management's 5-minute pm office duties 1:00:00 defining the Part-Time Flexible (ptf) http://www.fromatoarbitration.com/
Episode 89: Memphis, Jason Atchley & hope for a new beginning
ECorey details an account of a significant arbitration case in Memphis. He emphasizes the case's importance due to the "toxic working environment" in the Memphis installation, a situation the union repeatedly attempted to address. A key aspect of their success was the meticulous preparation and presentation of their case, particularly by Jason Atchley, whose expertise is applauded. The arbitrator's decision, a testament to the union's efforts, mandates the Memphis installation to cease its hostile work environment, provides EAP services for all employees, and establishes a conflict resolution committee. Corey celebrates this victory for the Memphis postal workers while acknowledging the unfortunate tragedy that precipitated it. http://www.fromatoarbitration.com/
Episode 88: THE Mike Caref, National Business Agent Region 3, getting us ready for collective bargaining. Special thank you to Cole Billups for saving my sanity.
ENational Association of Letter Carriers (NALC) Business Agent, Mike Caref joins the show. Caref emphasizes the upcoming collective bargaining negotiations with the United States Postal Service, arguing that letter carriers deserve a contract that addresses their fundamental needs. He outlines significant issues including low starting pay, mandatory overtime, and disregard for contractual obligations by USPS management. Caref believes that the current contract fails to adequately address these issues and urges NALC members to demand a contract that improves their quality of life, threatening to vote against any agreement that falls short. He expresses optimism about President Renfroe's leadership while calling on members to hold their union representatives accountable for securing a fair and equitable contract. http://www.fromatoarbitration.com/
Episode 87: Shatter the damn podium, Article 8 & muscle memory.
ECorey provides a passionate analysis of Article 8 of the National Agreement, detailing its complexities and emphasizing the importance of "muscle memory," or a deep familiarity with the contract, for effective advocacy. He criticizes union leadership for inadequate communication and support, particularly regarding issues like mandatory overtime and stationary events, arguing that this lack of guidance forces carriers to seek information from unreliable sources. He encourages listeners to utilize all available resources, including past grievance settlements and compliance letters, to challenge management violations and protect their rights. 26:00 Article 8 fromatoarbitration.com
Episode 86: Salted Peanuts
ECorey dedicates a significant portion of the episode to informing listeners about their rights as postal workers, particularly focusing on strategies for navigating workplace disputes and challenging unfair management practices. Corey emphasizes the importance of understanding contractual obligations, using specific examples like Article 41 (concerning temporary supervisor positions) and the procedures outlined in Publication 552 (related to workplace harassment). The episode underscores his commitment to advocating for workers' rights and providing them with the tools to protect themselves against potential exploitation. 12:00 stationary events 31:30 management forcing carriers to buy personal clothing C-11163 Talmadge C-08170 Rentfro C-13221 Erbs 49:00 204b's circumventing Article 41 120days/4-months C-05230 Jacobowski C-13823 Scearce 1:13:00 Postal Service Policy on Workplace Harassment, Publication 552/IMIP process dealing with unruly Management C-30829 Bowers http://www.fromatoarbitration.com/
Episode 85: Salted peanuts with an emphasis on management's denial of advanced sick leave request
EThis episode centers on a conflict between Corey and the leadership of the National Association of Letter Carriers (NALC). Corey defends his decision to create a podcast focused on educating letter carriers about their rights, particularly regarding workplace issues and contract interpretation. He argues that this educational mission is essential, as many carriers are being taken advantage of due to a lack of knowledge about their rights. This commitment to education persists despite the NALC actively attempting to silence him, including blackballing him from official union activities and expelling him from the National Convention. Corey sees this response, driven by a desire to suppress information and maintain control, as detrimental to the rank-and-file members. He emphasizes the importance of information as power and encourages carriers to seek knowledge from any available source. Cites Foster c-00191 Snow c-22546 Levak c-08199 Cenci c-26893 Bahakel c-29815 http://www.fromatoarbitration.com/
Episode 84: Vincent Sombrotto - Captain my Captain!
ECorey expresses his frustration with the lack of strong leadership within his postal worker's union. He argues that the union lacks a powerful figure like Vince Sombrotto, a former leader whom Corey believes would not tolerate the current status quo of noncompliance from management regarding worker rights and contractual agreements. Corey highlights the financial burden incurred by management due to these violations, using examples of arbitration awards that cost the postal service hundreds of thousands of dollars. He suggests that greater public awareness of these issues, perhaps driven by a charismatic leader like Sombrotto, could force the postal service to address the concerns of the overworked and underpaid carriers. Ultimately, Corey advocates for continued education and worker empowerment within the union, hoping for a future leader who embodies Sombrotto's fighting spirit. http://www.fromatoarbitration.com/
Episode 83: The quitter, the coward, and the Boogeyman
ECorey reflects on the rewarding experience of empowering letter carriers to advocate for themselves and celebrate victories. He contrasts this with the deeply upsetting reality of union leadership failing to adequately support these advocates, particularly by not enforcing “cease and desist” orders against management overwork. He recounts his personal experience burning out and quitting as a union representative after facing similar struggles with inadequate support. He encourages listeners not to quit, referencing his own story as a cautionary tale while emphasizing the need for solidarity and collective action. He concludes with a rallying cry, calling on his fellow union members to join him in fighting for their rights. http://www.fromatoarbitration.com/
Episode 82: Eight is enough: Basics of Article 8. Authored by Chris Strickland & Jason Atchley. Narrated by Corey Walton
EThis episode focuses on Article 8 of a labor union contract. Article 8, which defines work hours, overtime, and pay guarantees, is very important but also very confusing for both employees and managers. Corey emphasizes the importance of understanding the literal meaning of the contract language: "Article 8 says what it says. It does not say what it does not say." To illustrate how the rules should be applied, Corey details specific scenarios about overtime assignments, schedule changes, and the rights of different employee classifications, like CCAs and PTFs. Corey ends by urging all shop stewards, the intended audience of the podcast, to study Article 8, seek training, and strive to be a “champion for the people.” http://www.fromatoarbitration.com/
Episode 81: I forgot. Salted Peanuts
EThe 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. http://www.fromatoarbitration.com/
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.
EJB 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. http://www.fromatoarbitration.com/
Episode 79: The distinguished Mr. John Poskin educating us on grieving transfer denials.
EThe 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. http://www.fromatoarbitration.com/
Episode 78: Defeating the hour office time; a short literary composition expository in nature authored by Richard Ray and Sean Killeen
EA 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. http://www.fromatoarbitration.com/
Episode 77: My state of our Union address
EThe 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. http://www.fromatoarbitration.com/
Episode 76: The Shepherd Mike Caref going behind the scenes on upcoming contract negotiations
EIn 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. http://www.fromatoarbitration.com/
Episode 75: Trapping a lion. Julio Cesar Chavez. Grieving Management removing our hard plastic trays from our cases
ECorey 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. http://www.fromatoarbitration.com/
Episode 74: My Dad, a removal, is your business agent a shepherd or a sheepherder? Dealing with relevancy letters.
ECorey 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. http://www.fromatoarbitration.com/
Episode 73: Reviews. Grieving residual mail in the DPS
EThe 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. c-35023 c-34279 c-34983 c-33659 http://www.fromatoarbitration.com/
Episode 72: JB, the expert, dealing with Management performing craft work. An expert doing expert things as only an expert can.
EThis 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/
Episode 71: Question and answer time with Executive Vice President Brian Renfroe.
EA discussion between Corey and Brian Renfroe, executive vice president for the National Association of Letter Carriers. They discuss several topics, including: The new "TIAREAP" process: This new process uses GPS data to track and evaluate carriers' routes, which has led to some conflict with carriers feeling watched. The upcoming contract negotiations: They discuss the importance of pushing for an all-career workforce, higher starting pay, and a full cost-of-living adjustment. The NALCs relationship with the Postal Service: They discuss how the NALCs relationship with management is professional, but disagreements still occur. The role of the Regional Grievance Assistants (RGAs): They discuss the importance of RGAs in supporting small branches and their role in handling grievances. The "redline" policy: This policy prohibits carriers from doing certain things, which can be a point of contention. The lack of union representation in some areas: They discuss the importance of strong representation and how to address it. They also discuss the importance of the upcoming election for the NALCs leadership. They encourage viewers to vote and be informed about the issues. http://www.fromatoarbitration.com/
Episode 70: Special guest the honorable Mike Caref, Business agent region 3, rubber banded to my microphone. Topics cover non-compliance and failure to follow instructions
EThis episode features Mike Caref, Business Agent Region 3. Caref discusses remedies for non-compliance grievances and disciplinary actions for failure to follow instructions, particularly regarding mandatory overtime and NS days. He highlights a recent arbitration win (case #35858) in Chicago which established a $2,500 automatic penalty for future non-compliance with grievance settlements, cease and desist orders, and step B decisions. The episode also details past issues with the postal service not honoring continuation of pay (COP) requests. Caref emphasizes that employees should follow instructions, but not beyond their work hours or when it is unsafe, and that leaving work before completing their shift is not insubordination. The episode concludes with announcements about future guests, including Brian Renfroe, and encouraging listeners to engage through social media. http://www.fromatoarbitration.com/
Episode 69: Buster Douglas, the mirror and the note from the principal's office. Effectively grieving Management not allowing us to case SPRs and Management attempting to hold us to 5 minutes pm office time.
EThis episode discusses two prevalent issues among postal workers: management's imposition of a 5-minute PM office time limit and the prohibition of casing Special Handling Parcels (SPRs). Corey emphasizes the importance of diligently filing grievances against these directives, citing examples of both successful and unsuccessful cases. He advocates for a strong union stance, arguing that every grievance, no matter how challenging, should be pursued. He recounts personal experiences, including a case where a carrier was essentially forced to work off the clock due to these restrictions. Corey stresses the need for stewards, formal representatives, and branch presidents to actively support and represent carriers, highlighting the importance of detailed investigation, thorough preparation, and unwavering support for employees. The episode concludes with advice on how to effectively grieve these issues. http://www.fromatoarbitration.com/
Episode 68: The love affair. Effectively grieving management changing our start times.
EThis episode focuses on the grievance process regarding management's practice of changing start times. Corey emphasizes the importance of a "searing, zealous, torrid love affair" for letter carriers among union representatives to effectively represent their needs. He laments the perceived failure of some union representatives to adequately address workers' concerns, citing instances where grievances were not filed or resolved, leading to negative outcomes for employees. He discusses a recent case involving a carrier's removal and the subsequent lack of union support, highlighting the critical need for representatives to actively file and pursue grievances. The episode then transitions into a detailed explanation of how to grieve start-time changes. Corey provides a template grievance, outlining the required elements, including an issue statement referencing Article 5 and Section 122 of the M-39 handbook and Article 19 of the national agreement. He also stresses the importance of supporting documentation, like carrier statements and management communication, and using arbitration decisions as instructive models for formulating grievances. He highlights the significance of the arbitrator's requirement that management demonstrate justification for any schedule change. The episode concludes with a summary of several arbitration case precedents, emphasizing the 80% mail-availability criterion as a key element in contesting start-time modifications and the arbitrator's interpretation of management's responsibilities in maintaining fair schedules. Corey repeatedly encourages listeners to utilize readily available resources like templates, arbitration decisions, and support from their union representatives to successfully challenge these management actions. c-33356 c-34444 c-23986 c-29717 http://www.fromatoarbitration.com/
Episode 67: Beating the Red Line Policy (its coming to a station near you). Talking TIAREAP. A follow up to the knock and drop policy.
EIn this episode, Corey discusses TIAREAP and redline policy, two policies that affect mail carriers and their routes. He gives a detailed explanation of TIAREAP and reads a document from a friend about it, outlining the process, the use of digital street review (DSR), and the various events that are automatically deducted or flagged. He then addresses the redline policy, sharing how a manager told other managers that the M-41 handbook has been amended, removing fixed office time. He emphasizes that this is false and that there is still a 33-minute and 43-minute fixed office time. He advises listeners to be aware of management's attempts to circumvent these policies and to be prepared to file grievances if necessary. Finally, he discusses a disciplinary case and uses it as an example to emphasize that discipline should be corrective and not punitive. He reminds listeners that the contract trumps all opinions and that they should never be scared into accepting discipline that is not justified. C-32369 Talmadge C-30421 Roberts http://www.fromatoarbitration.com/
Episode 66: William Wallace, picking a fight the 3996 and 1571
ECorey starts by acknowledging that he messed up the audio for last week's episode, which was very long, and apologizes for the inconvenience. He then moves on to discuss a few things he wants to address. He talks about the importance of union stewards and how they can help protect carriers' rights, especially during investigations and grievances. He encourages listeners to be informed about the grievance procedure and to stand up for themselves when they believe their rights are being violated. Corey shares a story about an incident where a manager tried to intimidate a union steward and how the steward stood his ground, ultimately exposing management's dishonesty. He then dives into a detailed discussion of the "3996," a form used to request overtime or auxiliary assistance, and provides specific examples of how this form can be used to challenge management actions. He also addresses the issue of management manipulating or misinterpreting data used to determine overtime and work hours, encouraging listeners to be vigilant in checking those records and to file grievances when necessary. Corey ends the episode by encouraging listeners to stay informed, stand up for their rights, and to fight against any form of tyranny or injustice. C-25035 M-01366 M-01769 C-29394 M-00304 M-01444 C-33998 M-00829 M-00536 C-29981 A-B M-01458 M=01216 C-31406 M-00326 C-32470 M-01664 http://www.fromatoarbitration.com/
Episode 65: JB goes in depth about the grievance procedure/process, CCAs doing rural carrier work, the workhour workload report
EThis podcast episode focuses on the importance of union stewards and their role in protecting the rights of city letter carriers. JB discusses the grievance procedure, highlighting the different steps involved, from informal meetings to arbitration. This episode also addresses the issue of CCA's (City Carrier Assistants) being assigned to perform rural carrier work, emphasizing that this is a violation of the collective bargaining agreement. JB encourages listeners to be informed about their rights and to file grievances if they are experiencing any unfair treatment from management. JB also discusses the impact of the COVID-19 pandemic on staffing and the challenges of ensuring that rural carriers receive the necessary support. He encourages listeners to stay vigilant in protecting their rights and to use the available resources, such as the JCAM, to ensure fair treatment. Grievance procedure/process @42 min CCA doing rural carrier work @1:14 workhour workload reports @2:06 http://www.fromatoarbitration.com/
Episode 64: Humbled, Branch 11 'The Beautiful Ones', why I do what I do aka the mechanic, my eviction notice, tidbits and City/Rural disputes
ECorey discusses the importance of union stewards, the difficulties of dealing with management, and the ongoing battle between city and rural carriers. He emphasizes the need for education among city letter carriers and encourages them to stand up for their rights. Corey also talks about his personal experience with blood clots and how this led to his temporary removal from the National Convention. He then discusses several memos and agreements related to city and rural carrier jurisdiction, highlighting the complexities and challenges faced by carriers in both city and rural settings. Overall, the episode is a passionate plea for city letter carriers to stay informed, fight for their rights, and support each other in the face of a difficult work environment. http://www.fromatoarbitration.com/
Episode 63: Midweek surprise. Making sure we are grieving unsafe scanner messages and other tidbits
EThis episode is a midweek edition focusing on urgent safety concerns. Corey addresses a nationwide scanner message stating "When possible, take approved rest breaks to beat the heat." He strongly urges listeners to grieve this message every time they see it, calling it "deadly" because it implies carriers are limited to scheduled breaks, which is dangerous in extreme heat, especially for new hires (CCAs) who may not know they can take breaks as needed for heat. He recommends grieving it as a class action under Article 14 and Article 19 via M-01860, demanding a cease and desist and a stand-up talk clarifying break policies. For repeated offenses, he suggests including Article 15 and seeking $50 per carrier per day until the message is retracted and clarified. The episode then shifts to dissecting a redacted investigative interview and subsequent disciplinary action (letter of warning for improper conduct). The discipline stemmed from a carrier taking lunch late and bringing mail back to the office. Corey critiques the process, arguing the investigative interview was biased from the start, accusatory, and failed to specify what rule was violated regarding bringing mail back. He highlights issues like the unreasonable instruction to take all breaks before 3 pm, potential violations of Article 16, 14, and 19, and the lack of clarity on protocol when unable to reach management to report bringing mail back. He points out inconsistencies between the investigative interview's focus on "failure to follow instructions" and the discipline's charge of "improper conduct," as well as the introduction of new ELM sections in the discipline that were not mentioned in the interview. He emphasizes the need to scrutinize every word and detail in such documents to build a strong defense. Finally, Corey reiterates the importance of protecting CCAs in the heat and encourages union members to educate themselves and fight for their rights, despite potential management backlash. He clarifies his non-political stance and commitment to the union, emphasizing his role is strictly educational and supportive of union members, particularly in safety matters and fighting unjust management practices. http://www.fromatoarbitration.com/
Episode 62: The good, the bad, the ugly. M-01983
EThis episode delves into a lengthy discussion of the M-01983 memo, which outlines the Technology Integrated Alternate Route Evaluation and Adjustment Process (TIEREAP). Corey begins by addressing listener feedback on his previous episode, emphasizing his dedication to the NALC and his desire for fair representation of letter carriers. He then transitions to the memo, detailing its extensive contents, including the process of appointing joint NALC-USPS teams for route evaluations and adjustments, data analysis procedures, and carrier consultations. Crucially, Corey highlights the importance of carriers being aware of potential management attempts to establish standards for timeframes in street work. The memo describes various data analysis methods, including digital street review (DSR) and work hour workload reports, and emphasizes the need for accurate data entry. Corey emphasizes the significance of carrier consultations and the rights afforded to carriers during these sessions. He specifically notes potential issues related to management using the memo to justify discipline for work-related activities. He stresses the importance of carrier knowledge and participation in the process, especially noting the need to challenge management's interpretation of standards. The episode concludes with a discussion of the memo's details, encouraging listeners to become knowledgeable and prepared to defend their rights in the face of potential abuses. Corey repeats his dedication to his colleagues and the union and promises further episodes addressing relevant NALC issues. http://www.fromatoarbitration.com/
Episode 61: I know what you did. Discussing the new memos. M-1982 M-1984
EThis episode delves into Corey's response to new USPS memos (M-01982 and M-01984) concerning route adjustments, connecting it to a past grievance experience. Corey recounts a previous grievance where he possessed damning evidence of management using covert surveillance techniques, but the case was inexplicably dropped by the union, which he believes was due to internal collusion. This experience fuels his current anger towards the new memos, which he views as legitimizing the same surveillance tactics he fought against previously. He believes these memos, enabling management to scrutinize carrier data, are a direct result of his lost grievance. Corey plans to read the memos verbatim in the current and following episode, despite anticipating listener boredom, to make the information readily available. He emphasizes the importance of carriers keeping their scanners on their person at all times to avoid misinterpretations of their work activity. Corey shares insights from a colleague whose station already underwent this route adjustment process, highlighting that management rigorously challenges any deviations from what they consider standard times (e.g., loading time), even using scanner malfunctions as excuses to disregard data. This colleague's experience also revealed a concerning instance where, after the route adjustment review, a management representative stated they could not discipline based on the data but would grant management access to it. The union representative's inaction in this situation infuriates Corey. Corey encourages carriers to actively protect their routes, fight for every detail, and use the provided memos and contract language as tools in their defense, emphasizing that carriers must be their own advocates. Finally, Corey clarifies his passion stems from a deep-seated love and loyalty for his fellow letter carriers, whom he considers his family. He expresses strong disapproval of cowardice within the union and urges a more proactive and aggressive approach to fighting for better working conditions. The episode ends with a promise to read memos 01982 and 01984, and memo 01983 the following week, with a final reminder to prioritize safety and self-care, especially during periods of extreme heat. http://www.fromatoarbitration.com/
Episode 60: A tainch of encouragement and dealing with management's constant violations of the 12- and 60-hour rule. Let's think outside the box here
ECorey is discussing the 12 and 60-hour rule and how management is attempting to abuse it using new memos and the PET (Performance Engagement Tool) system. He stresses that the rule is absolute and that management cannot require carriers to work beyond those limits. Corey also discusses the importance of filing grievances when management tries to force carriers to accept these new standards, highlighting previous cases where arbitrators have sided with the union. They emphasize the importance of challenging management practices that are based on flawed systems and that the union has the power to protect its members against such abuses. Corey encourages carriers to be vigilant and to fight for their rights, reminding them that the 8190 grievance form is a powerful tool for protecting their time and pay. They also advise carriers to be aware of the tactics management might use to intimidate them, but to stand firm and continue to fight for what is right. http://www.fromatoarbitration.com/
Episode 59: 1 year anniversary baby!! Dealing with PET. Making sure we are prepared to battle Management when they use PET
ECorey celebrates the one-year anniversary of their podcast, "From A to Arbitration," which focuses on educating letter carriers about their rights. They express gratitude to their guests and those who have supported them. The main topic of this episode is PET, a performance engagement tool used by management to estimate carriers' daily workload and potentially discipline them if they don't meet the projected time. Corey argues that PET is a flawed system that does not take into account various factors, like weather conditions or the specific makeup of the mail, and is often used by management to unfairly penalize carriers. Corey provides examples of grievances that have been filed against PET and won, and stresses the importance of educating carriers on their rights and how to challenge management practices based on PET. He also emphasizes that the union must be bold in fighting for its members' rights against these unfair practices. http://www.fromatoarbitration.com/
Episode 58: A conglomeration of route protection wonderfulness. Making sure we are getting every second we are due.
EThis episode focuses on route protection for letter carriers, specifically regarding the new scanners and the time standards associated with them. Corey discusses a PowerPoint presentation created by a fellow carrier, Steve Hedgecock, highlighting the problems with the new scanners and how they can be used to unfairly penalize carriers. He emphasizes that management is trying to cut time and that carriers should be aware of their contractual rights. He highlighted specific contractual provisions that can be used to fight against unfair practices, such as the requirement for management to provide all necessary equipment and the lack of a street standard for delivery time. He encourages carriers to be proactive in protecting their routes and to file grievances if they are treated unfairly. http://www.fromatoarbitration.com/
Episode 57: The power of the 8190, the fangs of the jackal. Protecting our routes and other assorted goodies.
EThis episode focuses on protecting routes, addressing concerns about a new scanner's performance and potential issues with timekeeping and delivery accuracy. Corey emphasizes the importance of shop stewards in filing grievances to counter management's attempts to cut worker time and resources. Examples of recent scanner problems and managerial directives, such as a mandate against taking breaks during extreme heat, are cited as potential violations of worker rights and safety. Corey stresses the power of the grievance form 8190 as a crucial tool for addressing these issues and countering managerial pressure. Specific examples of past successful grievances regarding curbside delivery procedures, preventing carriers from working off the clock, handling packages, and resolving issues with carrier instructions are discussed to provide examples for listeners. Corey reiterates the need for shop stewards to be prepared and proactive in protecting workers' rights, emphasizing the importance of building a strong case file. The episode concludes with encouragement for listeners to use available resources, like the show's website and social media, to gain access to relevant information and support for their own efforts. http://www.fromatoarbitration.com/
Episode 56: The rooster and the hens. Defeating the charge of AWOL on a non-scheduled day.
EThis episode focuses on the issue of being charged with AWOL (Absent Without Leave) on a non-scheduled day. Corey explains that this is an impossible situation because you cannot be charged with AWOL if you are not scheduled to work that day. He also discusses the importance of documenting any interactions with management, especially when it comes to requests for leave or when being accused of AWOL. He urges listeners to file grievances if management refuses to acknowledge their rights or if they are being treated unfairly. http://www.fromatoarbitration.com/
Episode 55: How to deal with a toxic co-worker. Protecting your flock
EThis episode focuses on the challenging topic of dealing with toxic coworkers in the workplace. Corey emphasizes that while addressing such issues is ideally management's responsibility, shop stewards sometimes need to intervene to protect their "flock." Corey highlights the Postal Service's Policy on Workplace Harassment, specifically Publication 552, as a resource for understanding management's obligations in maintaining a respectful work environment. Practical advice is provided on navigating difficult conversations with both management and the toxic coworker, including the use of written statements from affected employees, invoking relevant policies, and filing grievances when necessary. Ultimately, the episode underscores the challenging balance between protecting individual employees and advocating for the well-being of the entire workforce. http://www.fromatoarbitration.com/
Episode 54: Ergonomics, my foot and protecting our brothers and sisters from long term injury
EThis episode discusses ergonomics in the workplace, focusing on a 2014 grievance filed by Corey against management. Corey highlights the union's efforts to implement ergonomic policies, contrasting them with management's perceived disregard for worker safety, prioritizing cost-cutting over safety measures. The episode details numerous instances where management, despite agreements, failed to prioritize worker safety, leading to unsafe conditions. Corey details specific examples, like the removal of mail tubs and the use of wire cages, and Corey contends that these changes increased the risk of musculoskeletal disorders. The episode emphasizes Corey's focus on protecting their colleagues and the union's role in advocating for safety, as well as the documentation and evidence presented in the grievance. The episode concludes with Corey's frustration with management's indifference towards employee safety, Corey's assertion that workers are ultimately responsible for their safety, and the importance of workers standing up for themselves. http://www.fromatoarbitration.com/
Episode 53: Paying homage to my mentor Lew Drass & the wolf James Henry. Dealing with heat related grievances: everything you'll need to file a successful grievance against management.
EThis episode focuses on the importance of carrier safety, particularly in relation to heat-related illnesses. Corey starts by wishing a happy retirement to his mentor, Lou Drass, whom he considers a juggernaut in the union world. He emphasizes the importance of mentorship and the need for strong leadership within the union. Corey then dives into the topic of heat safety, using a recent grievance filed by a carrier as an example. The grievance stemmed from a station manager who told carriers they could only take one break in the heat, even during periods of excessive heat. This decision was challenged by the shop steward, and the DRT (Dispute Resolution Team) ultimately ruled in favor of the carrier. The episode details several important M-documents and OSHA citations related to heat safety. M-document 1860 details a memorandum of understanding between the USPS and the National Association of Letter Carriers on heat abatement programs. OSHA citations regarding heat illness, including the definition of heat exhaustion and heat stroke, and the necessity to call 911 in case of a heat-related emergency, are also discussed. Corey strongly encourages listeners to educate themselves about these documents and the relevant laws, and to be prepared to file grievances to protect their safety. He emphasizes that management often prioritizes numbers over safety and encourages carriers to always prioritize their own safety. The episode is a powerful reminder of the need for union members to be informed and to stand up for their rights, particularly when it comes to protecting their health and well-being. http://www.fromatoarbitration.com/
Episode 52: Rated MA, my heart, JB the dog trainer dealing with Dois, Pet, 3996 and red line policy. See description below for subject matter start times
EThis podcast episode features JB, who expresses concern about management overreach and emphasizes the importance of union education. JB criticizes management's reliance on flawed data systems like DOIS and PET for evaluating worker efficiency and approving overtime requests. He encourages listeners to be aware of their rights, including the right to grieve unfair treatment and to challenge management's use of these systems as the sole basis for disciplinary action or overtime approval. JB recounts his experiences challenging unfair management practices, highlighting the power of utilizing grievance procedures, and urges fellow postal workers to be proactive in protecting their rights. He concludes by advising listeners to stay informed about their rights, to document everything, and to stand together against unfair treatment. JB starts @ 16 min Dois/fixed office time @ 33 min PET @ 55 min 3996/reporting requirements @ 1hr 30min Red line policy @ 2hr 30 min http://www.fromatoarbitration.com/
Episode 51: Special guest NBA Mike Caref, the challenge, The expert dissecting Article 16.7
EThis episode of From A to Arbitration, hosted by Corey, features a special guest, Mike Caref, a National Business Agent from Region 3. The episode begins with Corey talking about the upcoming episode, which will feature JB, a National Business Agent from Region 3, who will be discussing the DOIS, 3996, and the PET. Corey then goes on to talk about a couple of grievances that he has received about votes, shop stewards, and the process of voting on shop stewards. He discusses how he would recommend that the shop steward is present during the vote count, as a way to ensure transparency. Corey then brings up a topic about CCAs being used to case mail on Sunday. He talks about how this is a grievance that he has experienced, but says it is a tricky one to handle. He then gives a personal anecdote about his experience with this issue, and how he had to file a grievance for the right to be able to touch each piece of mail to ensure that it was going to the correct address. He talks about how some of the carriers were spending four minutes per stop because of this, which is an unbelievable amount of time. He encourages listeners to contact him if they experience this issue. The majority of the podcast features a discussion about the Mittenthal award, which was a landmark arbitration ruling. The ruling specifically dealt with the use of emergency placement, which is the practice of placing a letter carrier on non-duty, non-pay status, without pay, without first giving them written notice of the charge against them. This award was significant, because it clarifies the process that is required for the Postal Service to use emergency placement. Mike Caref speaks in detail about the case, going through the specifics of the Mittenthal award, and then giving further detail from a subsequent arbitration ruling on the same topic. He goes into the steps that must be taken for the Postal Service to utilize emergency placement, and also the necessary details that should be included in the written notice given to the employee. The podcast ends with reiterating that emergency placement is discipline, and not administrative action. He then encourages listeners to educate themselves about the topic and make sure that they are familiar with the rules and regulations that govern their work. http://www.fromatoarbitration.com/
Episode 50: Defining mitigating factors. Grieving unsafe scanner messages.
EThis episode focuses on mitigating factors in grievances and a specific grievance related to unsafe scanner messages. Corey discusses the importance of worker safety, emphasizing that management's concern for safety is often only apparent during arbitration proceedings. He highlights a new shop steward's dedication and initiative, praising her approach to representing colleagues. Corey delves into the definition of mitigating factors, using personal anecdotes and examples from past grievances to illustrate factors such as a miscarriage, loss of a loved one, or an apology as potential mitigating circumstances. He emphasizes the importance of documenting these factors and utilizing them to support colleagues in need. The episode then transitions to a grievance concerning a recurring scanner message about taking approved rest breaks to combat the heat. Corey argues that this message, while seemingly innocuous, can potentially put workers in harm's way by encouraging them to wait for "approved" breaks instead of taking breaks as needed in extreme heat. He details the steps taken to grieve the message, emphasizing the importance of filing grievances for any potential danger, specifically citing Article 14 of the National Agreement as the basis for the grievance, and advocating for further support and education among union members. The episode ends by encouraging listeners to be proactive in safeguarding their safety and the safety of their colleagues and highlighting Corey's dedication to protecting fellow workers. C-30679 C-32205 http://www.fromatoarbitration.com/