From A to Arbitration

Episode 21: Examples of Behavior. public defender or Clarence Darrow. Who are you?


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This episode discusses the importance of effectively defending union members facing disciplinary actions. Corey emphasizes the need for shop stewards to act as strong advocates, going beyond basic representation and utilizing all available resources, including specific contract provisions, to build a robust defense. He argues that union representatives should not be "public defenders," content with minimal effort, but rather should meticulously investigate and leverage every aspect of the contract, particularly Article 16, to contest management's claims. Corey highlights the critical section on "Examples of Behavior" within Article 16, emphasizing that these examples are illustrative and do not automatically justify discipline. He provides a case study to illustrate how management failed to prove crucial aspects of a case, specifically regarding a carrier's alleged phone use during an accident. He stresses the need for union representatives to demand evidence and scrutinize management's claims, proving that the behavior was intentional, that the discipline was corrective rather than punitive, and that the action was justified by sufficient evidence. The message is that union members deserve strong advocacy, and shop stewards should not neglect the full scope of available tools to protect them from unwarranted discipline.

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From A to ArbitrationBy Corey L Walton

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