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Chapter 1 DefVsDisc2016: Difference between revisions
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(Created page with "____________________________________________________________________ A STRATEGY BOOK: DEFENSE vs. DISCIPLINE: DUE PROCESS AND JUST CAUSE IN OUR COLLECTIVE BARGAINING AGREEMENT JEFF KEHLERT * National Business Agent * America Postal Workers Union, AFL-CIO Revised August 2015 17 The Joint Contract Interpretation Manual (JCIM) In addition, the Parties have incorporated the EL-921s TESTS into the JCIM in Article 16: Is There a Rule? If so, was the employee aware of the rule?...") |
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The Joint Contract Interpretation Manual (JCIM) | The Joint Contract Interpretation Manual (JCIM) | ||
In addition, the Parties have incorporated the EL-921s TESTS into the JCIM in Article | In addition, the Parties have incorporated the EL-921s TESTS into the JCIM in Article 16: | ||
16: | |||
Is There a Rule? | Is There a Rule? | ||
If so, was the employee aware of the rule? Was the employee forewarned of the | If so, was the employee aware of the rule? Was the employee forewarned of the disciplinary consequences for failure to follow the rule? It is not enough to say, “Well, everybody knows that rule,” or, “The rule was posted ten years ago.” Management may have to prove that the employee should have known of the rule. | ||
Certain standards of conduct are normally expected in the industrial environment and it is assumed by arbitrators that employees should be aware of these standards. | |||
have to prove that the employee should have known of the rule. | |||
Certain standards of conduct are normally expected in the industrial environment and | |||
it is assumed by arbitrators that employees should be aware of these standards. | |||
For example, an employee charged with intoxication on duty, fighting on duty, pilfer- | For example, an employee charged with intoxication on duty, fighting on duty, pilfer- | ||
age, sabotage, insubordination, etc., would generally be assumed to have understood | age, sabotage, insubordination, etc., would generally be assumed to have understood | ||