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 SPECIFIC 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 decision. Such appeal shall be made by completing a standard grievance form developed 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 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 from jointly agreeing to interview additional witnesses as provided above.

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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.

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 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.