Editing Introduction DefVsDisc2016

INTRODUCTION
Before we begin with the just cause discussion, a requirement in grievance processing must
be emphasized. WE MUST RAISE OUR JUST CAUSE AND DUE PROCESS ISSUES AND ARGUMENTS IN SPE-
CIFIC DETAIL NO LATER THAN IN THE WRITTEN STEP 2 APPEAL. Article 15 of the Collective Bargaining
Agreement states:
ARTICLE 15 GRIEVANCE-ARBITRATION PROCEDURE
Section 2. Grievance Procedure Steps
Step 1:
(d)The Union shall be entitled to appeal an adverse decision to Step 2 of the
grievance procedure within ten (10) days after receipt of the supervisor’s deci-
sion. Such appeal shall be made by completing a standard grievance form de-
veloped by agreement of the parties, which shall include appropriate space for
at least the following:
1. Detailed statement of facts;
2. Contentions of the grievant;
3. Particular contractual provisions involved; and
4. Remedy sought.
Step 2(d):
At the meeting the Union representative shall make a full and detailed
statement of facts relied upon, contractual provisions involved, and rem-
edy sought. The Union representative may also furnish written statements
from witnesses or other individuals. The Employer representative shall al-
so make a full and detailed statement of facts and contractual provisions
relied upon. The parties’ representatives shall cooperate fully in the ef-
fort to develop all necessary facts, including the exchange of copies of all
relevant papers or documents in accordance with Article 31. The parties’
representatives may mutually agree to jointly interview witnesses where
desirable to assure full development of all facts and contentions. In addi-
tion, in cases involving discharge either party shall have the right to pre-
sent no more than two witnesses. Such right shall not preclude the parties
from jointly agreeing to interview additional witnesses as provided
above.

This is the “full disclosure” stage of our grievance/arbitration procedure. We have a contrac-
tually required obligation to raise our issues and arguments in detail in our Step 2 appeal or
at the Step 2 meeting. Should we fail to raise those arguments at Step 2, management will
argue the Union failed to meet its obligation in pursuit of the grievance.
Management will argue their due process rights to address the issues and arguments at the
lowest possible step--and thus the possibility of lowest possible step resolution--are violated.
Management will, in effect, turn the tables on us and pursue their own due process issues if
we fail to fully raise our issues and arguments at Step 2. We must remember that in recent
years, the Union has been highly successful in winning due process arguments within the
grievance/arbitration procedure and at arbitration. Due process violations in disciplinary cas-
es--such as the improperly conducted Pre-Disciplinary Interview--and in contract cases--such
as the lack of proper grievance appeal language in letters of demand--have resulted in a sol-
id history of successful grievance processing. As we have pursued these due process viola-
tions to successful ends, management has increasingly sought and pursued due process is-
sues against the Union. Their education in due process is directly related to our successes.
For these reasons, we can expect management to raise every due process issue which pre-
sents itself, and in particular, our obligation to raise our issues and arguments no later than
at Step 2.
Without a commitment and practice to full development of our arguments through thorough
grievance investigation and processing, we will see many valuable Union due process issues
and USPS violations excluded by arbitrators and of no assistance to the defense of members
in need.