This episode features John Poskin discussing Article 29 limitations on the replication of driving privileges. Poskin begins by outlining the relevant contract language from the JCAM, emphasizing that an employee's driving privileges can be revoked or suspended only when the on-duty record shows the employee is an unsafe driver. He explains that a "Safe Driver Award Committee" cannot revoke privileges; only the employee's on-duty record matters. Crucially, Poskin notes that management must make every reasonable effort to reassign a carrier with suspended driving privileges to non-driving duties within their craft or other crafts, stressing the responsibility falls on management. He explains situations where a temporary suspension of driving privileges is warranted and how an employee's record is assessed. Crucially, he clarifies that suspension or revocation of driving privileges is not automatic based solely on an accident but requires evidence of unsafe driving practices in the employee's on-duty record.

Poskin then delves into a case study (C-18159), where Arbitrator Snow determined that management must make every reasonable effort to accommodate a carrier with a suspended license. This includes offering non-driving duties within the employee's craft or in other crafts, and if no such work is available, the carrier is entitled to leave with pay.

Furthermore, Poskin details a case out of Chattanooga, Tennessee (C-32696), where a carrier with a medically related license suspension was not offered sufficient non-driving work. The arbitrator in this case ruled that management's failure to provide reasonable accommodation constituted a violation of Article 29, ordering reinstatement with back pay.

Poskin also discusses a recent notice of removal case he worked on, highlighting issues in the case file and emphasizing the importance of clarity in charges, particularly when management fails to provide full information to union representatives. He states that in this case, the arbitrator sided with the union, ruling the removal unjustified due to management's failure to clearly demonstrate misconduct and failure to provide necessary information for the union to defend the carrier. Poskin stresses the importance of a clear articulation of the charges and the union's role in advocating for the carrier's rights. He underscores the responsibility of both the union and management to fulfill their contractual obligations in situations like these. The overall message from these cases is that the union has a clear responsibility to ensure carriers are fairly treated during any license suspension or potential removal, and management must prove their actions are justified in the carrier's record and follow proper grievance procedures.

http://www.fromatoarbitration.com/

This episode details the "anatomy of a removal," focusing on a specific arbitration case where Corey and JB successfully defended a carrier against a wrongful termination. Corey begins by discussing a commitment to send funds raised from podcast merchandise sales to aid letter carriers affected by the recent devastation in Hawaii. He challenges the union to match these donations.

The core of the episode centers on the arbitration case, detailing the procedural steps, arguments, and evidence presented by both sides. The carrier, Mr. Tyler Jones, was removed for alleged misconduct, primarily claiming false FMLA leave. Corey and JB successfully defended Jones, highlighting critical procedural flaws in management's case:

Insufficient Investigation: Corey emphasized the importance of a thorough and objective investigative interview. He pointed out that management's questioning was leading and accusatory, and crucial information (like text messages) was not presented during the interview but added later, casting doubt on its objectivity. This is a key point about maintaining the proper procedures.

Lack of Concurrence: Corey noted management's failure to obtain the required concurrence on the disciplinary action before issuing the removal. He highlights that management presented the same document without proper concurrence at the formal step A meeting as was presented at the informal step, arguing that this was a sign of dishonesty and procedural violation.

False Charges: The removal document contained false charges, claiming Jones had requested FMLA protection under false pretenses when, in reality, he had not knowingly obtained those protections. This point stressed the necessity of carefully verifying and supporting all claims in the documents.

Inadequate Evidence: Corey emphasized management's failure to provide sufficient evidence to support the charges against Jones, particularly regarding the FMLA request and the dates of his absence.

Misuse of Criminal Statutes: Corey's closing argument was critical of management's attempts to incorporate criminal statutes into the disciplinary case. He argued that these statutes were not applicable and inappropriately broadened the scope of the charges against the carrier.

The arbitrator's decision ultimately sided with the union, reducing the removal to a suspension without back pay but with no loss of seniority. Corey provides a detailed overview of the arbitrator's reasoning and the specific points the arbitrator addressed, providing listeners with valuable insights into how to approach similar cases. He concludes by reiterating his commitment to defending letter carriers, advocating for ethical and just practices within the union, and encouraging a stronger union to better represent its members. He concludes with calls to action urging listeners to purchase merchandise to support the Hawaii relief efforts, to become more engaged in union affairs, and to demand accountability from their union leadership.

http://www.fromatoarbitration.com/

This episode of From A to Arbitration features a discussion on letters of demand, focusing on Corey's perspective on how to effectively challenge management actions and the importance of strong grievance procedures. Corey begins by acknowledging a technical difficulty with the recording and previews future episodes on emergency placement and time record falsification.

The episode's central theme is a critique of management practices and the union's response. Corey dissects the structure and language of letters of demand, emphasizing the need for precision in grievance filing. He highlights several instances where management has not properly explained the reasons behind a letter of demand, and argues that this constitutes a violation of the contract and a lack of due process.

The episode delves into specific arbitration case precedents, demonstrating that arbitrators have ruled against management's use of letters of demand when insufficient justification was provided. This highlights Corey's emphasis on the need for specific, actionable grievances and precise language in the union's arguments to challenge management. Corey stresses that these cases are examples of how to effectively challenge management's actions within the framework of the contract.

Corey discusses the importance of thorough preparation, citing examples of case files from previous episodes and highlighting the critical role of well-prepared union representatives in winning cases.

Corey emphasizes a crucial point – the union's responsibility to protect its members from abuses of power by management. He criticizes the union leadership and business agents for not proactively educating carriers on their rights and how to effectively challenge management's tactics. He concludes with a call for a more assertive union stance, advocating for a new regime focused on proactive education and protection of letter carriers. Corey provides specific advice on how to handle such cases in the future and a preview of topics for upcoming episodes, including additional grievances and the need for a stronger union leadership and representation.

Barrett C-33427

Bahakel C- 34086

Snow C-00511

Eaton C-20126

http://www.fromatoarbitration.com/

This episode, while largely personal and emotional, focuses on the crucial need for union leadership to address the escalating issues concerning carrier working conditions, particularly in the context of heat-related illnesses and safety. Corey begins by acknowledging a recent criticism of his previous episode, which touched upon the topic of strikes and the union's no-strike clause. He clarifies his stance, stressing that while collective bargaining agreements prohibit strikes, he still believes that union leadership needs to take more active measures to address worsening conditions.

He contends that the current leadership has been slow to address issues like inadequate heat protection for carriers, leading to potential health risks and fatalities. He contrasts this with the successful organizing tactics of other regions, particularly those who have begun organizing rallies to draw public attention to the issue. He urges a nationwide response, emphasizing that a collective, public display of concern is critical in pressuring management and influencing policy changes.

Corey stresses the importance of actively defending carrier rights. He repeatedly criticizes the union's current leadership style, contrasting it with the aggressive, proactive approach he believes is necessary for gaining leverage and change. He urges listeners to contact their representatives, including Congress, about the specific problems with the falsification of training, the lack of resources, and safety concerns.

He also directly addresses and rejects the perspective that the responsibility for carrier safety lies solely on the individual carriers themselves, arguing it is a contractual obligation of management. He underscores the idea that management and the union both have responsibilities for the working conditions and safety of carriers.

Importantly, the episode highlights the fact that management appears to be retaliating against carriers for filing grievances related to these issues, further demonstrating Corey's contention that there is a need for more assertive action from the union. The episode concludes with a call to action, urging listeners to join in the effort to bring about change by demanding a response from union leadership on these issues. He advocates for a national rally and provides detailed instructions for checking HIPP training records, enabling carriers to identify instances of falsification.

http://www.fromatoarbitration.com/

This episode centers on Article 18, the no-strike clause of the postal contract. Corey strongly cautions against any social media or informal discussions about work stoppages or strikes. He emphasizes that such actions are a violation of the contract and can lead to termination. He supports this by citing four arbitration decisions from the same post office, where carriers were terminated for engaging in a concerted work stoppage.

Corey details the legal ramifications of a no-strike clause, stressing that engaging in such discussions, even on social media, is evidence that can be used against employees. He argues that it's not necessary to engage in a strike since the grievance procedure already exists, and that collective bargaining, not unilateral actions, should be the path for addressing concerns.

Furthermore, the episode returns to the recurring theme of management's behavior and actions. Corey discusses the importance of thorough investigation from the union's perspective in responding to grievances, noting the critical role of thorough information gathering, and challenging management's attempts to dismiss these concerns or argue that such action isn't efficient. He stresses that demanding documentation and evidence, particularly related to past practices, is crucial in defending against management's arguments and grievances.

A significant portion of the episode focuses on a current case where a carrier was removed for falsifying medical documentation. Corey's approach in this situation involves meticulous information gathering, particularly related to the carrier's heat-related leave request and any potential management falsification of training records. He stresses the need for procedural fairness and emphasizes that management's alleged misconduct in one case warrants investigation into possible similar violations in other cases. He suggests that any union's failure to aggressively confront falsification could set a dangerous precedent for future cases.

Corey repeats his commitment to supporting carriers, regardless of potential criticism. He emphasizes the importance of education, detailed grievance procedures, thoroughness in preparation, and the importance of demanding full transparency and accountability from both management and the union. He repeats a call to arms encouraging union members to become more involved and assertive, particularly regarding issues concerning carrier safety and fair treatment, while strongly condemning the use of social media to organize or plan for actions outside the contract.

http://www.fromatoarbitration.com/

This episode discusses several hot topics, including Corey's recent experience with online criticism and the passionate defense he received from listeners. Corey emphasizes that he's committed to educating and advocating for letter carriers, regardless of listener reaction. He notes that some listeners criticized the podcast's tone, shifting from informative to overly emotional, although he argues the podcast is ultimately about protecting letter carriers.

The episode pivots to the central issue of the falsification of heat-related training (HIPP) records, which Corey considers a serious and widespread violation of the contract. He applauds the efforts of two business agents, Mike Caref and Eddie Davidson, who have been actively fighting these issues. He underscores the critical role of education and union advocacy in combating these issues. Corey argues the falsification directly relates to management's pressure to reduce office time, noting that the training, a twenty-minute video, is intentionally not completed, so carriers are not given the time or are being dishonest to make it look like they've done their training, instead of giving them adequate breaks, which are protected under the contract.

Corey delves into two arbitration case studies from previous episodes, focusing on past practice violations. In these cases, management attempted to unilaterally change established practices regarding union hall use. The cases demonstrate the importance of establishing a valid past practice to protect the union's right to utilize the union hall for work on the clock. A core point is that management argues that such practices are inefficient or unsafe, but fails to provide evidence to back up these claims and fails to engage in good-faith negotiations. Corey repeatedly emphasizes the importance of demanding evidence and documentation from management to support their claims, highlighting the potential for these arguments to be used in any past practice case.

Corey provides clear instructions to determine if a carrier's HIPP training was falsified. This includes navigating the carrier's liteblue online portal to view training records and details. He stresses the importance of documenting any issues and using this information in grievance filings. He concludes with a call for unity and action among carriers and union members to address the issues presented, as well as a declaration of his continued commitment to fighting for their rights and safety.

http://www.fromatoarbitration.com/

This episode of From A to Arbitration, despite technical difficulties, focuses on the critical issue of intentional falsification of heat-related training records by the Postal Service. The host, Corey, expresses frustration at the pervasive nature of this issue, arguing it's the most significant grievance facing carriers in their careers. He emphasizes the importance of holding the Postal Service accountable for this intentional misconduct, likening it to a battle that demands resolute action from the union.

Corey addresses a criticism leveled against him by a person within the union's structure and commits to discussing it further. He lauds the efforts of two business agents, Mike Carriff and Eddie Davidson, for their proactive and aggressive approach to protecting letter carriers in these cases, highlighting their understanding of the importance of education and advocacy to ensure carrier safety. He argues that a well-educated workforce is a powerful workforce, essential to challenging management's attempts to circumvent the contract.

Corey criticizes the union's apparent lack of decisive action in many areas, highlighting how certain business agents and B-teams have seemingly chosen to avoid confrontation. He critiques the passivity displayed by some, urging them to become more proactive advocates. He advocates for transparency and accountability within the union structure, suggesting that every aspect of union activity be visible and explainable.

The episode dives into a specific B-Team decision, outlining the issues involved in a heat-related training case. The decision had been critiqued by some as not taking an assertive stance against the Postal Service's clear falsification, although both parties had already identified the violations. This is a key point: Corey's criticism was not that the decision wasn't strong enough but that the union failed to appropriately pressure management to adhere to the contract.

Corey stresses the importance of holding management accountable, especially when they are intentionally violating the contract. He insists on thorough documentation of carriers' lack of training to support claims to arbitrators, and advocates for challenging management's assertions that this was not a recurring problem.

He highlights management's attempts to present "smoke and mirrors" arguments, emphasizing the importance of focusing on the falsification of records rather than irrelevant details like safety talks or postings. He also discusses the importance of supervisors ensuring training compliance, pointing to the fact that some employees are still being put at risk without proper training due to intentional violations of the contractual obligation of heat-training. This issue directly relates to the health and safety of the carriers.

Corey concludes the episode by emphasizing the need for the union to be more assertive in defending the rights of letter carriers, especially in cases involving heat-related training violations. He emphasizes the need for stronger union leadership to actively support carriers and encourages transparency in union operations. He asserts that the union's failure to act decisively is a serious flaw that threatens the safety and welfare of the workforce.

http://www.fromatoarbitration.com/

This episode is a passionate and lengthy discussion centered on the escalating issue of heat-related safety concerns for postal workers, and the union's response (or lack thereof) to management's apparent disregard for those concerns. Corey expresses deep frustration with the perceived inaction and complacency of some union leaders. He argues that the current leadership is failing to adequately protect letter carriers, highlighting the significance of the falsification of heat training records and the resulting lack of protections for carriers.

Corey focuses on the importance of proactive union action, emphasizing that current leadership's lack of public engagement and direct challenge to management's policies is harmful. He cites the need for a "library of arbitration decisions" to provide a strong foundation for future grievances, specifically noting that management often lies and fails to provide sufficient documentation when facing scrutiny. This point highlights his strong belief that the union's inaction is directly endangering workers.

He details a recent B-team decision that, rather than confronting the potential falsification of heat training, essentially instructed management to "just do the training." Corey criticizes this approach, arguing it gives management a loophole and essentially allows them to continue their detrimental practices.

Corey also argues that management's recent actions—specifically, their responses to OSHA complaints and their refusal to provide requested information about heat training—are further evidence of a pattern of deceptive practices. He points out how management's rhetoric of concern for employee safety contrasts sharply with their concrete actions that put carriers at risk. He suggests that the union's inaction is likely a deliberate choice by union leadership to avoid confrontation, which he strongly criticizes.

He calls for a nationwide rally to address the working conditions and advocate for carriers, reiterating that a collective voice is critical for bringing about meaningful change. He emphasizes the importance of being prepared for management's arguments (e.g., claims of inefficiency or concerns about safety). The discussion concludes with a call for increased union engagement, stronger leadership, and the immediate need for a public effort to influence policymakers and advocate for carriers' safety and working conditions.

http://www.fromatoarbitration.com/

This episode of From A to Arbitration is a passionate critique of the NALC's leadership and management's handling of heat-related safety issues, specifically focusing on the death of a letter carrier, Eugene Gates. Corey starts by acknowledging listener feedback and previews upcoming episodes on emergency placement.

The core of the episode is an intense critique of the union's leadership, particularly the president, for their perceived inaction and lack of advocacy on behalf of city letter carriers. Corey argues that the current leadership is not adequately representing the concerns of carriers regarding the dangerous working conditions, especially the heat-related risks. He accuses the president of being out of touch with the realities on the workroom floor and of failing to advocate for better working conditions, instead focusing on other issues. This criticism is specifically tied to the death of Mr. Gates, Corey asserting that management's policies and the union's failure to act contributed to his death.

The episode features Corey reading a newspaper article detailing the circumstances of Mr. Gates' death and the employer's subsequent, perceived lack of response. This article and the subsequent discussion are a central part of Corey's critique, illustrating what he sees as the union's failure to use these incidents to leverage change and educate their members. Corey calls for a more proactive and aggressive union stance on these types of safety concerns and critiques the lack of leadership.

The episode concludes with a call for action, urging listeners to take their concerns regarding working conditions to their local leadership. He advocates for a militant stance on grievances and emphasizes the need for unity and education within the membership to counter management's tactics. The episode's underlying message is a call for a shift in the union's strategy to effectively represent the safety and well-being of letter carriers and to fight back against management's abuses of power.

http://www.fromatoarbitration.com/

This episode delves into the topic of rollaway runaway accidents and how to combat potential disciplinary actions against postal workers. Corey begins by reiterating his commitment to supporting letter carriers, stating that he will not back down from any criticism or perceived shortcomings in his advocacy. He emphasizes that his primary focus is on the safety and well-being of postal workers.

The episode then centers on rollaway runaway accidents, presenting a detailed account of a 2011 case involving a carrier at his former station. This extensive case file, comprising 262 pages, is slated for public access on the podcast website, providing a detailed template for handling similar incidents. Corey stresses the importance of thoroughly documenting every aspect of the accident, including witness statements, information requests, and any communication between the union and management.

A key argument presented is that vehicle maintenance facilities (VMF) often deflect blame from themselves onto carriers. Corey emphasizes the importance of challenging these claims and demanding documentation demonstrating that the vehicles are indeed in safe working order.

The episode also revisits the issue of stationary events and how scanner data, used for route evaluations, can be manipulated by management to unfairly discipline carriers. Corey argues that management's use of these data points for disciplinary actions outside of the context of route adjustment (as outlined in memos) is a violation of existing policies. He stresses that carriers should not be penalized for legitimate actions on the street based on data collected solely through a scanner. Corey asserts that the union must forcefully challenge such practices and demand a clear articulation of the justification for any such actions.

Several arbitration decisions are discussed, particularly those regarding rollaway runaway accidents and disciplinary actions. The episode emphasizes the importance of understanding the implications of false park defects in these types of accidents and suggests the need for detailed and thorough investigation by union representatives at the scene.

Corey concludes by calling for a proactive and assertive approach to union leadership, emphasizing the importance of collective action to combat management tactics that threaten carrier safety and working conditions. He advocates for a wider-reaching campaign to raise public awareness about these issues and urges listeners to file similar grievances and actively challenge these tactics. Finally, he commits to providing information on donating to the family of a recently deceased carrier, Mr. Gates, demonstrating a continued commitment to supporting the carrier community.

Roberts C-30421

http://www.fromatoarbitration.com/