Episode 105: I’m not the one, pony boy. Everything we need to beat stationary events discipline. Business agents quit selling us out.

This episode of From A to Arbitration is a highly critical and passionate discussion about Corey’s frustrations with the NALC’s leadership and management’s tactics, particularly regarding heat safety issues, the handling of grievances, and the perceived lack of member support. Corey begins by thanking a guest and previews future episodes on emergency placements and time record falsification.

The episode centers on a specific grievance involving a one-hour office time policy. Corey criticizes the union’s apparent inaction and lack of preparation in addressing the new policy despite months of discussion and speculation about its implementation. He directly challenges the union’s leadership, arguing that their hesitation and lack of proactive measures in preparing their members for such potential issues put their members at a severe disadvantage in negotiations and potential arbitration. He further criticizes this by highlighting that the NALC is now behaving like 15 different unions, rather than as a cohesive national entity.

Corey analyzes several arbitration decisions, emphasizing that management’s arguments are often based on dubious metrics and that their actions are not always in keeping with the contract’s protections for workers. He demonstrates how to effectively dispute charges related to stationary events, emphasizing that carriers should primarily respond with “I was working,” and avoid engaging in further discussion about their activities. He criticizes management’s practice of using scanner data as evidence, pointing out that the use of these data points is often prohibited, based on their own memos.

Crucially, Walton dissects the importance of understanding and using contract provisions like Article 16, which details the “Just Cause” principle, to challenge management’s actions. He advocates for meticulously scrutinizing any discipline notices to ensure they have a strong factual basis and are consistent with the contract. Walton also emphasizes the importance of understanding and challenging management’s attempts to use “covert techniques” (e.g., monitoring on scanners) to support disciplinary actions. He cites a specific arbitration ruling that addressed such tactics and argues that any disciplinary actions based on these techniques are often invalid.

Corey critiques the union’s leadership for not proactively educating members, highlighting that carriers are being disciplined or pressured into unsafe practices, and that the union isn’t providing adequate support or guidance. He emphasizes the need for a stronger and more unified stance against management, including an aggressive approach to challenging management’s actions and demanding compliance with the contract.

The episode ends with a passionate call for change within the union, advocating for more assertive and educated union leadership. He emphasizes the need for collective action and urges listeners to prepare for upcoming challenges through education on relevant contractual provisions, arbitration precedents, and the establishment of a more assertive stance against management.