Episode 202: Let's get back into discipline. Beating the charge

From A to Arbitration

This episode focuses on strategies for challenging disciplinary actions based solely on the charges issued, without relying on additional information. Corey announces upcoming Sunday episodes, including a new segment, "CCA Corner," hosted by Badmouth Morris, aimed at uniting and empowering CCAs to combat their neglect by the current NALC administration. He emphasizes the critical importance of meticulously reviewing disciplinary charges for inaccuracies and inconsistencies, citing several arbitration cases (Sims C-36248, Schedler C-01233, Brooks C-28040) that support challenging vaguely worded or factually incorrect charges. The host then analyzes three disciplinary actions: a 7-day suspension for improper conduct and failure to follow instructions, where he highlights the fast-tracking of discipline and the lack of specificity in the cited ELM sections; a 14-day suspension for improper conduct and unsafe driving, where he points out inconsistencies in the stated awareness of ELM provisions and the lack of a connection between the actions and the charges; and a letter of warning for failure to follow instructions regarding an SPM scan, where he argues that the charge is based solely on scanner data (violating M-01458) and the cited regulations do not apply. He uses arbitrator Snow's decision (C-06894) to emphasize the importance of allowing time for reflection between disciplinary actions, highlighting the inappropriateness of issuing a 7-day and a 14-day suspension for the same offense on the same day. Throughout the episode, Corey stresses the importance of requesting "any and all information" used in issuing the discipline and using this information to expose inaccuracies and inconsistencies in the charges themselves, ultimately aiming to defeat disciplinary actions based on the flawed charges provided by management.

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