From A to Arbitration

Episode 19: Article 16.8 Review of Discipline, Concurrence of Suspensions or Discharge

This episode focuses on Article 16.8, which deals with review of discipline. Corey explains the importance of this article and how it can be used to challenge management decisions. Discipline is meant to be addressed by the immediate supervisor. He points out that in a suspension or discharge, it must be reviewed and concurred by a manager who is a higher level than the supervisor who initiated the discipline – however, there is no need for concurrence on a letter of warning, meaning that discipline that is issued by other than the immediate supervisor is abnormal and is a contention. He also suggests that if an arbitrator says that a disciplinary action is not a “de minimus” violation, then it is a fatal flaw and management’s case may be thrown out.

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