Discipline Resources
PS Form 8043 Request to Amend EOPF (Discipline Removal)
PS Form 8043 Request to Amend EOPF (Disc[...]
Adobe Acrobat document [46.8 KB]
PS Form 8043 Request to Amend EOPF (Disc[...]
Adobe Acrobat document [46.8 KB]
Attendance
Attendance - Sick Calls In Conjunction with SDO Argument
Attendance - Sick Calls In Conjunction w[...]
Microsoft Word document [27.0 KB]
Attendance - Sick Calls In Conjunction w[...]
Microsoft Word document [27.0 KB]
Important Arbitration decisions
Eischen Award - Review and Concurrence
This award lays out the importance of review and concurrence in cases involving suspensions or discharges disciplinary action.
Eischen Award Review and Concurrence.pdf
Adobe Acrobat document [251.6 KB]
This award lays out the importance of review and concurrence in cases involving suspensions or discharges disciplinary action.
Eischen Award Review and Concurrence.pdf
Adobe Acrobat document [251.6 KB]
C-00557 - Arbitrator Cohen - For Discipline to be corrective it must be progressive.
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[...]
Adobe Acrobat document [124.6 KB]
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[...]
Adobe Acrobat document [124.6 KB]
National Level Award - Burden of Proof - Mittenthal - C-10146
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 -[...]
Adobe Acrobat document [905.3 KB]
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 -[...]
Adobe Acrobat document [905.3 KB]
National Level Award - Emergency Suspension - Mittenthal - C-10146
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[...]
Adobe Acrobat document [888.4 KB]
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[...]
Adobe Acrobat document [888.4 KB]
Arbitrator Clark - Charges are Indictment - Austin TX
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[...]
Adobe Acrobat document [1'015.4 KB]
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[...]
Adobe Acrobat document [1'015.4 KB]
Loaded Questions - Gill M Arb Award LOW D 15025296
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 [...]
Adobe Acrobat document [181.7 KB]
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 [...]
Adobe Acrobat document [181.7 KB]
G11N-4G-D 16695440 - Disparate Treatment - Steward Notes
This case outlines the importance of stewards taking good notes during an investigative interview.
G11N-4G-D 16695440 - Despare Treatment -[...]
Adobe Acrobat document [184.2 KB]
This case outlines the importance of stewards taking good notes during an investigative interview.
G11N-4G-D 16695440 - Despare Treatment -[...]
Adobe Acrobat document [184.2 KB]
29327 (Clarke - Due Process - Vague charge)
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[...]
Adobe Acrobat document [546.4 KB]
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[...]
Adobe Acrobat document [546.4 KB]
29518 - Lack of Specificity in the charge
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[...]
Adobe Acrobat document [164.4 KB]
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[...]
Adobe Acrobat document [164.4 KB]
Emergency ceases to exist - Lopez Award - G11N-4G-D 17565266 - ARB CLARKE - EP THREATS
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 [...]
Adobe Acrobat document [1.2 MB]
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 [...]
Adobe Acrobat document [1.2 MB]
33116 - Arbitrator Roberts - EAP Participation
33116 - Arbitrator Roberts - EAP Partici[...]
Adobe Acrobat document [1'022.1 KB]
33116 - Arbitrator Roberts - EAP Partici[...]
Adobe Acrobat document [1'022.1 KB]
33139 - Arbitrator Bahakel - Improper Concurrence
33139 - Arbitrator Bahakel - Improper Co[...]
Adobe Acrobat document [531.0 KB]
33139 - Arbitrator Bahakel - Improper Co[...]
Adobe Acrobat document [531.0 KB]
McCoy Award - C 19190683 - ARB BARRETT - Galvestion, TX - Failure to Provide Information - Due Process Violation
McCoy Award - C 19190683 - ARB BARRETT -[...]
Adobe Acrobat document [3.1 MB]
McCoy Award - C 19190683 - ARB BARRETT -[...]
Adobe Acrobat document [3.1 MB]
Print