Corey welcomes Jason Atchley to this episode. They discuss unauthorized overtime and how to defend against discipline related to it. Jason explains that there are two competing theories on discipline: single-track (where any violation can lead to immediate discipline) and multi-track (where discipline is progressive). The podcast focuses on the multi-track theory, which is based on the language of Article 16 of the JCAM, and emphasizes that discipline should be corrective, not punitive.
The podcast encourages shop stewards to be proactive in challenging unfair disciplinary actions, check their past record for previous discussions or discipline, and to ensure their members understand their rights and protections.
Non-specific references in this episode:
Arbitrator Glenda August: A letter carrier involved in an accident, management put him on 16:7 and removed him. The carrier had prior attendance discipline, and a prior accident, and in this situation did not immediately report the accident. The arbitrator makes the differentiation that even though the carrier was involved in a prior accident, the discipline was for him failing to report the accident. She also states the grievant’s prior disciplinary history was not all related to safety infractions and the mistakes made in the accident at issue were not so egregious as to rise to the level of removal.