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	INTRODUCTION		== INTRODUCTION ==
	Before we begin with the just cause discussion, a requirement in grievance processing must		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-~~		be emphasized. <b>WE MUST RAISE OUR JUST CAUSE AND DUE PROCESS ISSUES AND ARGUMENTS IN SPECIFIC DETAIL NO LATER THAN IN THE WRITTEN STEP 2 APPEAL.</b> Article 15 of the Collective Bargaining Agreement states:
	~~CIFIC~~ DETAIL NO LATER THAN IN THE WRITTEN STEP 2 APPEAL. Article 15 of the Collective Bargaining		</p><p>
	Agreement states:		=== ARTICLE 15 GRIEVANCE-ARBITRATION PROCEDURE ===
	ARTICLE 15 GRIEVANCE-ARBITRATION PROCEDURE		</p><p>
	Section 2. Grievance Procedure Steps		<b>Section 2. Grievance Procedure Steps
			<blockquote>
	Step 1:		Step 1:
	(d)The Union shall be entitled to appeal an adverse decision to Step 2 of the		(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 decision. Such appeal shall be made by completing a standard grievance form developed by agreement of the parties, which shall include appropriate space for
	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:		at least the following:
	1. Detailed statement of facts;		<ol style="list-style-type:decimal">
	2. Contentions of the grievant;		<li>Detailed statement of facts;</li>
	3. Particular contractual provisions involved; and		<li>Contentions of the grievant;</li>
	4. Remedy sought.		<li>Particular contractual provisions involved; and</li>
			<li>Remedy sought.</li>
			</ol>
	Step 2(d):		Step 2(d):
	At the meeting the Union representative shall make a full and detailed		At the meeting the Union representative shall make a full and detailed statement of facts relied upon, contractual provisions involved, and remedy sought. The Union representative may also furnish written statements from witnesses or other individuals. The Employer representative shall also make a full and detailed statement of facts and contractual provisions relied upon. The parties’ representatives shall cooperate fully in the effort 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 addition, in cases involving discharge either party shall have the right to present no more than two witnesses. Such right shall not preclude the parties
	statement of facts relied upon, contractual provisions involved, and ~~rem-~~		from jointly agreeing to interview additional witnesses as provided above.</b>
	~~edy~~ sought. The Union representative may also furnish written statements		‎</blockquote>
	from witnesses or other individuals. The Employer representative shall ~~al-~~		This is the “full disclosure” stage of our grievance/arbitration procedure. We have a contractually 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.</br></br>
	so make a full and detailed statement of facts and contractual provisions		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 cases--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 solid history of successful grievance processing. As we have pursued these due process violations to successful ends, management has increasingly sought and pursued due process issues 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 presents itself, and in particular, our obligation to raise our issues and arguments no later than
	relied upon. The parties’ representatives shall cooperate fully in the ~~ef-~~		at Step 2.</br></br>
	~~fort~~ to develop all necessary facts, including the exchange of copies of all		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.
	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.

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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.

Introduction DefVsDisc2016 - Revision history

Admin at 12:35, 29 July 2023