The Key Cases Podcast | Podcast in RSS.com

The Key Cases Podcast

The Key Cases Podcast

di Greg Rowe

Educazione Governo

Stagione 1

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.

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.

C-32298 Brown Just Cause Reasonable

Just Cause #2: Is the rule a reasonable rule? Management must make sure rules are reasonable, based on the overall objective of safe and efficient work performance. Management's rules should be reasonably related to business efficiency, safe operation of our business, and the performance we might expect of the employee. Arbitrator Brown rescinded and expunged an EP and NOR when management failed to prove that the rule being applied to the grievant was reasonable. The Arbitrator found five other ways that the Just Cause and Due Process were violated when discipline was issued.

C-29948 Halter Just Cause Reasonable

Just Cause #2: Is the rule a reasonable rule? Management must make sure rules are reasonable, based on the overall objective of safe and efficient work performance. Management's rules should be reasonably related to business efficiency, safe operation of our business, and the performance we might expect of the employee. Arbitrator Halter finds no Just Cause for the removal of a Transitional Employee (TE) that didn't report to work on a day when he wasn't scheduled. The credible testimony of the grievant was the evidence needed to prove that Supervisor's instructions and expectations were not reasonable.

C-35488 McDonough Just Cause Rule

Just Cause #1: Is there a Rule? If so, was the employee aware of the rule? Was the employee forewarned of the disciplinary consequences for failure to follow the rule? Arbitrator McDonough finds Just Cause for a one day Emergency Placement, but finds no Just Cause for the removal of a Carrier that had his handgun locked in his personal vehicle in the Postal parking lot, because the grievant was not aware of the rule or the consequences for violating the rule. Greg was the advocate for this decision.

C-29394 Wolitz Just Cause Rule

Just Cause #1: Is there a Rule? If so, was the employee aware of the rule? Was the employee forewarned of the disciplinary consequences for failure to follow the rule? Arbitrator Wolitz decides that management failed to show Just Cause for the removal or suspension of a Union officer when they could not prove that the employee had violated any rule by following his last clear instruction. Check out this podcast about leadership, it's educational and inspirational. The History of Female Leadership in the NALC https://open.spotify.com/show/5uRsPS1KW2CMleHNyIj0eX?si=7050957b09ff42b0

C-37222 Charlton NOR R&C

Arbitrator Martin Grayson Charlton finds a violation of Article 16.8 and the National Eischen award when management removed a CCA Letter Carrier for arguing with the Postmaster. This due process failure requires a make whole remedy without consideration of the merits by the Arbitrator.

C-37638 J Roberts NOR Veteran R&C

Arbitrator Jeffery Roberts provides a make whole remedy and rescinds the discipline despite finding Just Cause for the removal of Preference Eligible Veteran. Due process was violated via the Eischen award when management failed to provide unbiased officials in the grievance process.

C-37354 Sims NOR Informal-A Authority

Arbitrator Sims finds Just Cause for the removal of a Letter Carrier when he admitted to not wearing his seat belt in between dismount deliveries at a strip mall. A due process violation during the grievance procedure saves the Carrier's job but does not provide a status quo remedy.

C-36994 Gely Reinstatement

Arbitrator Gely allows a Letter Carrier to come back to work following a "forced" retirement. The Service agreed that he was suspended and removed without Just Cause.

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