Forward DefVsDisc2016

Forward

This handbook, which was my twelfth as a National Officer, continues to be designed to place into a single accessible package the strategies necessary for members, stewards, officers, and arbitration advocates to provide the best possible defenses when disciplinary actions are imposed. Through strategic use of the Just Cause definition, the Article 17 interview and the Collective Bargaining Agreement, this Strategy Book is intended to promote thorough and well-reasoned grievance initiation, investigation, processing and arbitration advocacy in disciplinary instances.
Procedural and due process issues increasingly have, over the years, replaced arguments “on the merits”. Now, more than ever, we must utilize Just Cause as it is defined and as it is required to be applied by management, the arbitrators, and yes, by stewards and advocates. We win a far greater percentage of disciplinary cases based upon due process then we ever have in the past; but too many valuable and job-saving due process and just cause arguments are never explored much less pursued. It is my hope that this Handbook will continue to enable stewards and advocates to successfully develop and prove the arguments to better defend our members.
Following the introductory section covering Just Cause, each of the next 23 chapters discusses in detail a particular due process, just cause subject. Included are a definition and explanation of the Issue, The Union’s Argument, The Applicable Collective Bargaining Agreement and Joint Contract Interpretation Manual Provisions and/or National Level Arbitration Mandates, The Article 17 Interview, and Regional Arbitral Reasoning and Support.
Although some parts of this Handbook are directed more to the shop steward than to the arbitration advocate – and vice versa – all the information contained herein should provide everyone in our Union with a better understanding and ability to deal with the disciplinary process and the defenses necessary to protect the membership.

Yours for Education in our Union, I remain,
Jeff Kehlert
National Business Agent
American Postal Workers Union, AFL-CIO
jkehlert@apwu.org
jeffkehlertapwu@aol.com
(609) 937-2993 – Cell
(856) 740-0115 – Office