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

Episodes 20

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  • S1 · E40
    Thursday · 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.

  • S1 · E32
    July 23 · 20 min

    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.

  • S1 · E31
    July 20 · 17 min

    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.

  • S1 · E30
    July 16 · 14 min

    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.

  • S1 · E29
    July 13 · 15 min

    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

  • S1 · E28
    July 9 · 17 min

    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.

  • S1 · E27
    July 6 · 15 min

    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.

  • S1 · E26
    July 2 · 13 min

    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.

  • S1 · E25
    June 29 · 14 min

    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.

  • S1 · E24
    June 25 · 22 min

    C-37283 Markuns NOR Article 35

    Arbitrator Markuns finds Just Cause for the removal of a Carrier with a severe substance disorder but decides that a status quo ante remedy is required for management violating the grievant's due process rights in regards to Article 35.

  • S1 · E23
    June 22 · 18 min

    C-36637 Talmadge EP Due Process

    Arbitrator Talmadge considers an Emergency Placement that was used to punish a Letter Carrier when he didn't follow the unsafe instructions of his supervisor. Thirteen months is too long to wait for justice.

  • S1 · E22
    June 18 · 13 min

    C-37014 Morris EP Threat

    Arbitrator Morris reduces an emergency suspension from nine weeks to three weeks but does not use evidence to justify that length either. Not sure why this is a key case.

Showing 1–20 of 20 episodes