C-36637 Talmadge EP Due Process

C-36637 Talmadge EP Due Process

Arbitrator Talmadge considers an Emergency Placement that was used to punish a Letter Carrier when he didn't follow the unsafe instructions of his supervisor. Thirteen months is too long to wait for justice.

C-37014 Morris EP Threat

Arbitrator Morris reduces an emergency suspension from nine weeks to three weeks but does not use evidence to justify that length either. Not sure why this is a key case.

C-37457 Reehl EP Seatbelt Punitive

Arbitrator Reehl finds Just Cause for the Emergency Placement of a Carrier when they were observed driving without a seat belt, but only for one hour. The Carrier was kept out for an additional day, and that was found to be punitive.

C-23828 Eischen National Review and Concurrence

National Arbitrator Eischen decides that Review and Concurrence is a Due Process Right that requires two separate judgments prior to issuing a suspension or discharge. Each official must perform an independent and substantive review of the record. Violations require that Regional Arbitrators disregard the merits and overturn the discipline with a make whole remedy.

C-37276 Newman National NACI

Arbitrator Newman finds that non-probationary employees have access to the grievance procedure when they receive an unfavorable National Agency Check with Inquiries (NACI) decision from the the US Inspection Service. Article 16 does apply even though passing a background check is a condition of employment.