From A to Arbitration

Episode 9-3: Accidents, Examples of Behavior & Article 29

Corey continues his discussion on how to defend carriers against discipline after an accident, this time focusing on the concept of “corrective rather than punitive” discipline, as outlined in Article 16 of the JCAM. He again advises stewards if the branch president was not notified, it’s a violation of due process. He also encourages shop stewards to challenge any claims that the accident was serious in nature, as the 1769 form requires a determination of seriousness. Corey also affirms that management has the burden of proof, and that they must prove an act was intentional. He mentions an accident is not sufficient to warrant automatic suspension or revocation of driving privileges, or automatic application of discipline (Article 29). 

In This Episode: A carrier gave their phone to management – don’t do that. 

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