Attendance - Sick Calls In Conjunction w[...]
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Important Arbitration decisions
This award lays out the importance of review and concurrence in cases involving suspensions or discharges disciplinary action.
Eischen Award Review and Concurrence.pdf
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Arbitrator Cohen expresses the importance of progressive discipline stating "the basic principle shall be that discipline should be corrective in nature, rather than punitive.
C-00557 - Arbitrator Cohen - For Discipl[...]
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Arbitrator Mittenthal discusses 3 areas of concern regarding management actions under Article 16.7. He discusses whether the placement of an employee on non-duty, non-pay status through “emergency procedure” constitutes discipline, whether the level of proof necessary to validate Management’s action in invoking 16.7, namely, whether it must show “just cause” or whether a mere showing of “reasonable cause”
or “reasonable belief” will suffice, and whether the existence of a notice requirement, namely, whether an employee can properly be placed on non-duty, non-pay status under 16.7 without first being provided with written notice of the charge made against him.
National Level Award - Burden of Proof -[...]
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In this decision, Arbitrator Mittethal gives a detailed explanation of what constitutes a valid Emergency Placement per Article 16.7. He clearly outlines that it must be immediate. He further explains when to apply the just cause principles along with the rules for written notice of charges when Article 16.7 is invoked.
National Level Award - Emergency Suspens[...]
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Arbitrator Clark Explains that a Notice of Removal is analogous to a criminal indictment and as such must reflect the factual and contractual bases for the employee's discipline.
Arbitrator Clark - Charges are Indictme[...]
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Arbitrator Duffy explains the importance of management conducting a fact-finding investigative interview that is open-minded in an effort to find facts, not confirm pre-conceived conclusions. He states that questions must be structured in a way to elicit information about the events in question in an objective manner.
Loaded Questions - Gill M Arb Award LOW [...]
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This case outlines the importance of stewards taking good notes during an investigative interview.
G11N-4G-D 16695440 - Despare Treatment -[...]
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This case outlines the importance of the charge(s) being levied by management against the grievant. The NOR must provide the grievant with adequate notice of the factual and contractual basis for the removal to enable the grievant to present a defense.
29327 (Clarke - Due Process - Vague char[...]
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In this decision, the arbitrator outlines the importance of or lack of specificity in the charge(s) levied by management stating in this case "the lack of information left the grievant defenseless."
29518 - Lack of Specificity in the charg[...]
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Arbitrator Clark outlines that a 16.7 is not to be used as a replacement for other provisions of Article 16. He also explains that once an investigation is completed and the emergency ceases to exist, the Postal Service must either return the employee back to work or hand out additional discipline.
Emergency ceases to exist - Lopez Award [...]
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33116 - Arbitrator Roberts - EAP Partici[...]
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33139 - Arbitrator Bahakel - Improper Co[...]
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