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The Key Cases Podcast

Greg Rowe

An educational podcast about Arbitration Awards for Stewards and Advocates in the National Association of Letter Carriers (NALC).

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  • 31 episodes
  • a few times a week
  • Avg 16 min
  • English

Episodes 31

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  • S1 · E51
    Wednesday · 14 min

    C-36489 Charlton Workhours Non-compliance

    Arbitrator Martin Grayson Charlton finds violations of Articles 8 and 15 and provides an appropriate escalated remedy for the serial non-compliance at that Post Office. Recent changes in Article 8.5.G of the National Agreement that were negotiated and implemented after this award was issued probably impacted the ordered remedies in this office if these violations continued after this award.

  • S1 · E50
    October 1 · 18 min

    C-36465 Talmadge Past Practice Travel

    Arbitrator Sherrie Rose Talmadge finds a violation of Article 5 when a new Manager tries to end a past practice of paying Stewards to travel between offices to do their Steward work. The manager insisted that the contract didn't require or allow payment for travel within the installation for Union work. What actually counts as bargaining in good faith when a practice is no longer useful for the Service? Does conflict with the contract make a past practice "non-contractual"?

  • S1 · E49
    September 28 · 16 min

    C-36587 Talmadge Burden Probationary

    Arbitrator Sherrie Rose Talmadge sustains the Union's greivance when the Service administratively separated a CCA after she had previously served a 90/120 qualifying period in another city. Her resignation in one state and reapplication in another state did not create a new probationary period for a non-career employee. Who has the burden to prove their case when a CCA is discharged? Greg was the Advocate for this Key Case.

  • S1 · E48
    September 24 · 17 min

    C-31980 Nolan National M-39 126.3

    National Arbitrator Dennis Nolan finds that the subject matter of section 126.3 of the M-39 Handbook does not relate directly to wages, hours or working conditions and therefore is not included in the National Agreement through Article 19. It's a narrow decision, it carefully follows national precedent and this award doesn't directly limit our ability to enforce any other section of the M-39 or any other handbook or manual.

  • S1 · E47
    September 21 · 22 min

    C-36646 Bosland Health Benefits FMLA

    Arbitrator Carl Bosland finds a violation of the National Agreement and the Family Medical Leave Act (FMLA) when a CCA's Health Benefits were retroactively terminated by the Service. The grievant's child was born 2 month's early, he missed work to care for his spouse and new child. He missed premium payments as a result. HR policy to collect the whole amount within thirty days was different than the policy for career employees, that policy violated the FMLA. The Service was found liable for the resulting financial devastation.

  • S1 · E46
    September 17 · 21 min

    C-36919 Obee NOR FMLA

    Arbitrator John Obee finds no Just Cause for the removal of a Letter Carrier for attendance when he was suffering from a condition that qualified him for Family Medical Leave Act (FMLA) protection. Management's investigation was not thorough or objective as required.

  • S1 · E45
    September 14 · 18 min

    C-36606 Morris NOR Fundamental Fairness

    Arbitrator Morris finds no Just Cause for the removal of a Letter Carrier with work restrictions from an on the job injury. Fundamental fairness required him to exclude key evidence that was obtained by the OIG without considering the Due Process rights of the employee.

  • S1 · E44
    September 10 · 14 min

    C-36588 Cenci Indefinite Suspension R&C

    Arbitrator Eileen Cenci finds a fatal Due Process violation when management failed to obtain Review and Concurrence prior to issuing the suspension. The Steward's work is crucial in making the winning argument and proving that management failed to meet their burden.

  • S1 · E43
    September 7 · 12 min

    C-36459 Drucker NOR NACI

    Arbitrator Jacquelin Drucker finds management failed to apply Just Cause when they tried to separate a non-probationary career Letter Carrier that got an "unfavorable NACI". She finds the grievance arbitrable and applies the whole contract in her answer to this question. It's educational because of the thorough analysis.

  • S1 · E42
    September 3 · 13 min

    C-32393 Wolitz Just Cause EP Time

    Just Cause #6: Was the disciplinary actions taken in a timely manner? Arbitrator Louise Wolitz finds no Just Cause for the Emergency Placement (EP) of a Letter Carrier that was accused of serious illegal conduct when management failed to provide timely written notice to the grievant. Due Process demands that management must promptly notify the employee so they can file a grievance.

  • S1 · E41
    August 31 · 14 min

    C-33754 Braverman Just Cause Time

    Just Cause #6: Was the disciplinary actions taken in a timely manner? Arbitrator Tobie Braverman finds no Just Cause for the removal of a Letter Carrier when a CA-17 was submitted with white out and changes. A full year elapsed from the date of the alleged conduct to the issuance of the NOR.

  • S1 · E40
    August 27 · 20 min

    C-36835 Gely Just Cause Severity

    Just Cause #5: 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 employee's past record? Arbitrator Gely finds no Just Cause for the Emergency Placement of a Letter Carrier that admitted to taking an unclaimed item and returning it. The subsequent removal was also found lacking because of the severity of the discipline imposed compared to the facts of the case.

  • S1 · E39
    August 24 · 14 min

    C-34021 L Roberts Just Cause Severity

    Just Cause #5: 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 employee's past record? Arbitrator Lawrence Roberts finds cause to mitigate the removal imposed by management for a Letter Carrier scanning a picture of a bar code while not actually collecting the mail, rather than the scanning a bar code label while performing a collection. Short tenure, honest testimony and disparate treatment all factor into reducing the discharge to a seven day suspension.

  • S1 · E38
    August 20 · 13 min

    C-34687 Simon Just Cause 16_6 Investigation

    Just Cause #4: Was a thorough investigation completed? Arbitrator Barry Simon finds no Just Cause for the Indefinite Suspension of a Letter Carrier after he shot someone in the arm, in self defense, while off duty and out of uniform. His arrest the next day while at work and in uniform did not create a nexus. Management failed to give the Carrier his "day in court", and could not prove that any investigation was conducted.

  • S1 · E37
    August 17 · 16 min

    C-34685 Barrett Just Cause EP Investigation

    Just Cause #4: Was a thorough investigation completed? Arbitrator Barrett finds no Just Cause for the Emergency Placement (EP) of a Letter Carrier involved in a loud altercation on the workroom floor with a fellow Letter Carrier. Management failed to produce any evidence that the grievant had done anything beyond raising her voice. A thorough investigation would have produced evidence of some violation, therefore, no just cause.

  • S1 · E36
    August 13 · 16 min

    C-36208 Obee Just Cause Investigation

    Just Cause #4: Was a thorough investigation completed? Arbitrator Obee finds no Just Cause for the removal of a seventeen year Letter Carrier with a serious medical issue and no prior discipline. The Arbitrator and the Steward show what it really means to conduct an investigation. The facts matter. The "mailbox rule" is successfully rebutted.

  • S1 · E35
    August 10 · 16 min

    C-33908 Gilder Just Cause Investigation

    Just Cause #4: Was a thorough investigation completed? What is the Union's burden and the employee's burden when management begins an investigation and issues discipline as a result. Does management have any burden at all if we don't place it upon them? Arbitrator Gilder finds Just Cause for a 14 day suspension, but not for discharge when a CCA failed to properly park his vehicle and a roll away accident resulted. Management failed to consider mitigating factors in their investigation.

  • S1 · E34
    July 30 · 15 min

    C-27708 K Jacobs Just Cause Consistent

    Just Cause #3: Is the rule consistently and equitably enforced? A rule must be applied fairly and without discrimination. Consistent and equitable enforcement is a critical factor. Arbitrator Jacobs finds inconsistent enforcement of the rule that prohibits drinking alcohol while in uniform and off the clock. She only mitigates the level of discipline when management failed to prove Just Cause. What is a nexus? How to use the CAR to attack the issuing supervisor's position on Just Cause and keep the burden where it belongs.

  • S1 · E33
    July 27 · 15 min

    C-27963 Fraser Just Cause Consistent

    Just Cause #3: Is the rule consistently and equitably enforced? A rule must be applied fairly and without discrimination. Arbitrator Fraser finds no Just Cause for the removal of a Letter Carrier despite the fact that the Carrier did act as charged. Management failed to prove the Grievant was aware of the rule or the consequences for violating the rule. The Steward proved that the rule was not consistently enforced across the installation requiring reinstatement and a make whole remedy.

Showing 1–20 of 31 episodes