From A to Arbitration

Episode 10: Tenure and the Bank of Good Will

This episode discusses the importance of using tenure as an argument against discipline. Corey encourages listeners to use the “bank of goodwill,” which refers to years of good service, in their arguments. Arbitrators often hesitate to discipline long-term carriers due to their tenure. He suggests including seniority dates on the PS Form 8190 to inform the advocate of the carrier’s tenure. He urges listeners to use the “bank of goodwill” as a strong argument in any discipline case.

In This Episode: An arbitration for a carrier with a letter of warning for attendance, in which the arbitrator said management failed to recognize the grievant’s 33 years of service.

Bank of Good Will: Page 44 of Defenses to Discipline

Case number 03587: Grievant served employer for over 8 years without discipline.

C-05138 A&B: Carrier followed and harassed by a manager, the carrier assaulted the manager, but her 14-year exemplary work record coupled with the circumstances of the incident led the arbitrator to reduce her removal to a reinstatement without loss of seniority or benefits, and back pay less a 30-day disciplinary suspension.

Elkouri and Elkouri – How Arbitration Works, pp 641: Length of Service with a Company; “Long service with a company particularly if unblemished, is a definite factor in the employee’s favor when his discharge is reviewed through arbitration. Arbitrators have recognized that the loss of seniority may work great hardship on the employee and that it is not conducive to the improvement of relations between other workers and management.”

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