Episode 115: The anatomy of a Removal

This episode details the “anatomy of a removal,” focusing on a specific arbitration case where Corey and JB successfully defended a carrier against a wrongful termination. Corey begins by discussing a commitment to send funds raised from podcast merchandise sales to aid letter carriers affected by the recent devastation in Hawaii. He challenges the union to match these donations.

The core of the episode centers on the arbitration case, detailing the procedural steps, arguments, and evidence presented by both sides. The carrier, Mr. Tyler Jones, was removed for alleged misconduct, primarily claiming false FMLA leave. Corey and JB successfully defended Jones, highlighting critical procedural flaws in management’s case:

• Insufficient Investigation: Corey emphasized the importance of a thorough and objective investigative interview. He pointed out that management’s questioning was leading and accusatory, and crucial information (like text messages) was not presented during the interview but added later, casting doubt on its objectivity. This is a key point about maintaining the proper procedures.

• Lack of Concurrence: Corey noted management’s failure to obtain the required concurrence on the disciplinary action before issuing the removal. He highlights that management presented the same document without proper concurrence at the formal step A meeting as was presented at the informal step, arguing that this was a sign of dishonesty and procedural violation.

• False Charges: The removal document contained false charges, claiming Jones had requested FMLA protection under false pretenses when, in reality, he had not knowingly obtained those protections. This point stressed the necessity of carefully verifying and supporting all claims in the documents.

• Inadequate Evidence: Corey emphasized management’s failure to provide sufficient evidence to support the charges against Jones, particularly regarding the FMLA request and the dates of his absence.

• Misuse of Criminal Statutes: Corey’s closing argument was critical of management’s attempts to incorporate criminal statutes into the disciplinary case. He argued that these statutes were not applicable and inappropriately broadened the scope of the charges against the carrier.

The arbitrator’s decision ultimately sided with the union, reducing the removal to a suspension without back pay but with no loss of seniority. Corey provides a detailed overview of the arbitrator’s reasoning and the specific points the arbitrator addressed, providing listeners with valuable insights into how to approach similar cases. He concludes by reiterating his commitment to defending letter carriers, advocating for ethical and just practices within the union, and encouraging a stronger union to better represent its members. He concludes with calls to action urging listeners to purchase merchandise to support the Hawaii relief efforts, to become more engaged in union affairs, and to demand accountability from their union leadership.