Episode 20: Article 16.10 the Discipline Killer

C-32824 This episode focuses on Article 16.10 of the National Agreement, which deals with employee disciplinary records and how this article can nullify discipline. Corey explains that management cannot cite disciplinary actions that are older than 2 years against an employee. He argues that management often uses this tactic and shop stewards should be aware of this. Corey also highlights the importance of checking the "request for appropriate action" form to see if management has included any prior discipline in the case file. If they have, and it is over 2 years old, the shop steward should challenge it. “A notice of discipline, which is subsequently fully rescinded, whether by settlement, arbitration award, or independent management action, shall be deemed not to have been initiated for purposes of Article 16, Section 10, and may not be cited or considered in any subsequent disciplinary action.” C-32824 “The service has a history of emphasizing that accidents themselves are not the appropriate basis for discipline without establishing an employee's action. violated a Postal Service Safety Rule of Regulation. As noted in the April 7, 1980 memo by the Senior Assistant Postmaster General Carl Olsacher who wrote in pertinent part, accidents or compensation claims, even when in a manager's view excessive, are not in themselves an appropriate basis for discipline. What must be cited in any such disciplinary action are the actions of an employee which are violations of a postal service safety rule or regulation.” Elkori Elkori how arbitration works - Pg 640 Defenses to Discipline: Pg 26 C-01944 “The employer's case is further followed by the fact that it is violative of that portion of Article 16 of the National Agreement, which provides such discussions may not be cited as an element of a prior adverse record in any subsequent disciplinary action against an employee. The Notice of Removal cites two such discussions as elements of the agreement's past record. These procedural defects cannot be overlooked as being insignificant. They are of serious concern because they are in violation of both the letter and spirit of the national agreement, and importantly, they deprive the agreement of its right to due process. In the absence of due process, the agreements must be sustained without any consideration of its standard merits.”