From A to Arbitration

Episode 7: The Charge

This episode focuses on the charge and discipline process in labor grievances. Corey emphasizes the importance of scrutinizing the charge itself, ensuring it is accurate and supported by the documentation provided by management. He advises shop stewards to examine the charge thoroughly, ensuring that every detail is correct and that the investigative interview covered all aspects of the charge, and any inaccurate information can be used to weaken management’s stance.

The episode also discusses the “official discussion” requirement in Article 16.2 of the JCAM, reminding listeners that management is required to have a formal, private discussion with the employee before issuing discipline for minor offenses. There is also mention of Article 16.3 and the letter of warning, and that Article 16.7 talks about due process and the procedure that must be followed to issue discipline. Corey advises shop stewards to challenge any claims by management that an official discussion took place when it did not.

C-31277: Arbitrator Louise Wolitz “What is in that notice must be true and correct if the removal is to be for just cause.”

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