From A to Arbitration

This episode is the first in a series of episodes focusing on accidents and how to defend carriers against management actions after an accident. Corey highlights the importance of union representation at the scene of an accident, noting that management often tries to gather information and build a case against the carrier without giving them the opportunity to be present or to have representation. He emphasizes the importance of Article 41.3P, which requires management to promptly notify the branch president after a vehicle accident, and argues that failure to do so is a violation of due process.

Corey continues discussing attendance-related discipline, specifically focusing on the concept of "deemed desirable and restricted sick leave." He explains that management uses this to discipline carriers, but it's often a weak argument. He points out that the ELM provision 513.361 states that a carrier is only required to provide documentation for their absences if they are on restricted sick leave or if management deems it necessary for the protection of the Postal Service. He advises shop stewards to challenge these claims, especially when a carrier was not notified of being placed on "deemed desirable." Corey highlights the importance of understanding national arbitration decisions related to discipline, namely the Vera d Bugg case, a landmark case in attendance arbitration, and suggests using it as a strong argument against management's claims, as it utilizes a percentage of attendance vs absences. He encourages shop stewards to ensure that carriers are aware of their rights and to be proactive in challenging inaccurate or unfair disciplinary actions.

Corey discusses a specific type of attendance-related discipline, "deems desirable and restricted sick leave." He points out that management often tries to circumvent the process by simply stating that the carrier was given a discussion about their absences, even if this isn't accurate. He highlights the importance of challenging these claims by the shop steward, suggesting the use of the ELM (Employee and Labor Relations Manual) provision 513.361 to support their arguments. He encourages shop stewards to educate carriers about these regulations and to challenge any instances where a formal discussion wasn't given. Corey also encourages shop stewards to look for discrepancies between attendance records and the reasons for discipline. He emphasizes that the charge must be accurate and that the carrier must be given an opportunity to defend themselves against it, and reminds listeners that discipline must be corrective in nature.

Corey talks about the importance of attendance-related discipline in the grievance process. He points out the low success rate of the union as well as the difficulty of these cases, suggesting they are often won or modified in arbitration. He encourages shop stewards to challenge the validity of any "official discussion" claimed by management, as a formal discussion is required for minor offenses, and to ensure the carrier is fully aware of their attendance record and attendance reviews (or lack thereof). It is important to consult with the carrier before an investigative interview, and Corey mentions how to handle management and acknowledging management responsibilities. He also emphasizes the need to be assertive and fight for the carrier, understanding that they might be going through a difficult personal situation.

This episode focuses on the charge and discipline process in labor grievances. Corey emphasizes the importance of scrutinizing the charge itself, ensuring it is accurate and supported by the documentation provided by management. He advises shop stewards to examine the charge thoroughly, ensuring that every detail is correct and that the investigative interview covered all aspects of the charge, and any inaccurate information can be used to weaken management's stance. The episode also discusses the "official discussion" requirement in Article 16.2 of the JCAM, reminding listeners that management is required to have a formal, private discussion with the employee before issuing discipline for minor offenses. There is also mention of Article 16.3 and the letter of warning, and that Article 16.7 talks about due process and the procedure that must be followed to issue discipline. Corey advises shop stewards to challenge any claims by management that an official discussion took place when it did not. C-31277: Arbitrator Louise Wolitz “What is in that notice must be true and correct if the removal is to be for just cause.”

Corey explains the importance of understanding the "official discussion" requirement in Article 16.2 of the Joint Contract Administration Manual (JCAM). He explains that management is required to have a formal, private discussion with an employee before issuing discipline for a minor offense. He highlights how management often misrepresents these discussions, claiming they occurred when they actually did not. Corey encourages shop stewards to challenge these claims, as they can be used to weaken management's side of a grievance. He emphasizes the importance of scrutinizing dates and details within disciplinary notices.

Corey explains what to do when a carrier receives discipline from management. The most important initial step is to have the carrier sign the disciplinary notice, as management has been known to use a carrier's refusal to sign as a reason for discipline. He then dives into the importance of requesting information during the informal Step A stage, stressing that the shop steward should request everything management used to issue the discipline, rather than waiting until later. This allows the steward to gather the necessary information and prepare a strong grievance. (Note from editor: When requesting any and all information used to issue discipline, you should only include information that helps your case OR information when management changes their stance. You don't need to help management's case in Formal A/Step B/Arbitration!). Corey emphasizes that the shop steward should not rush to file a grievance immediately but should utilize the 14-day window to gather evidence and build a solid case. He emphasizes the importance of thorough research and understanding the nuances of the discipline process.

Corey discusses the Office of Inspector General (OIG) and Postal Inspectors, highlighting their tendency towards dishonesty. He shares his experience with their investigations and argues that they often act on behalf of management with the aim of finding carriers guilty. He emphasizes that even though postal inspectors may seem intimidating, they are still bound by the contract and should be held accountable. He encourages shop stewards to be proactive and take detailed notes during any interactions with the OIG or postal inspectors, as these agencies are known for misrepresenting information. Corey suggests requesting the handwritten notes of the inspectors to ensure accuracy and to potentially raise an Article 17-31 grievance if needed. He reminds listeners that the carrier's day in court is crucial and that they must be truthful and protected by the shop steward. He emphasizes that the shop steward needs to stand firm against intimidation tactics and advocate for the carrier's rights.

Corey discusses the importance of the investigative interview in the grievance process, and how a poorly conducted interview can jeopardize the entire case. He stresses the importance of the carrier's right to a pre-interview consultation with a shop steward prior to the investigative interview. Corey describes the procedure for what the steward is to expect and how to conduct their business during the interview. He further emphasizes that this right is protected by Weingarten rights (NLRB vs. Weingarten, Inc. 1975) and that the shop steward should not be a silent observer during the interview. The shop steward should be actively involved and ensure the carrier is aware of their rights. He also highlights the importance of writing down questions and answers verbatim and avoiding leading or accusatory questions from management. The carrier's right to know the charges against them and defend themselves before discipline is initiated, as it is their “day in court,” and that management must have just cause for discipline. *notes to be considered in adding: accusatory questioning, fabricated questions and falsified answers, citations of all documents, expectations for the carrier to tell the truth* Notable documents: M-1668, C-23987, C-26281. Link to the National Labor Relations Board Weingarten Rights: https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights#:~:text=This%20right%20was%20first%20articulated,without%20a%20requested%20representative%20present.

All about the shop steward and advice from Corey to stewards, including certification via Article 17, the workroom floor environment, work ethic and integrity, an individuals reputation as a credible and reliable source, understanding our handbooks and manuals (M-41 and M-39), and time sensitivity behind a grievance case. Corey discusses the importance of being a good shop steward. He emphasizes that the position is often thankless and requires dedication and integrity. He stresses the importance of being properly certified as a shop steward via Article 17 and knowing the relevant sections of the Joint Contract Administration Manual (JCAM), particularly Article 16 (discipline) and Article 41 (opting, etc). He also emphasizes the importance of a strong work ethic, honesty, and integrity, as a reputation for dishonesty can be detrimental to a shop steward's effectiveness. He affirms that shop stewards should be knowledgeable and proactive in representing their fellow carriers.

Corey Walton, a 27+ year city letter carrier and shop steward since 2006, introduces his podcast "From A to Arbitration" aimed at helping people navigate the grievance process in labor organizations. He discusses the various handbooks and manuals used in the grievance process, including the Joint Contract Administration Manual (JCAM), and the M-39 and M-41 handbooks related to city letter carriers. Corey outlines the topics he will cover, including the informal and formal steps of the grievance process, the role of the B-Team (the second level of the grievance process), and arbitration. He shares his personal experience as a shop steward and an arbitration advocate, emphasizing his dedication to understanding the grievance process and helping others. He also highlights his involvement in the NALC and USPS safety task force, regional training, and his commitment to being a resource for others in the field. The podcast aims to provide valuable insights and guidance on the grievance process, particularly for new advocates, shop stewards, and those seeking to understand the intricacies of labor relations.