¶ … Discharge for Off-Duty Conduct
The rules regarding discharge for off-duty conduct are as stated: Under 661.53, employees are prohibited from engaging in "unacceptable conduct" such as "criminal, dishonest, notoriously disgraceful or immoral conduct, or other conduct prejudicial to the Postal Service" and the conviction "maybe be grounds for disciplinary action" (Holley 626). These rules are important for providing the context for the dismissal of Lee by the Postal Service management. Whether or not his criminal conduct could be deemed prejudicial to the Postal Service is a matter of dispute, according to the Union.
Thus, the Union emphasizes the "nexus" as used in labor arbitration. This term means the focus or central point of the activity as well as its relation to the Postal Service. The Union claims that the nexus was not related to the Postal Service and therefore did not impact or fall within the jurisdiction of the rules. This is also known as the "nexus principle" in labor arbitration (Secunda).
The nexus principle is important here because it plays a significant role in how the issue should be considered: the context of whether or not Lee engaged in mail fraud is discussed by the Union, which shows that Lee did not engage in this nor was he charged with this -- that it was a false charge leveled by the Postal Service, which essentially tainted the investigation from the beginning.
Following the logic of the nexus principle, the issue of equal treatment arises and the Union plays this card rather well by citing six different cases in which Postal Service workers were either charged or convicted of crimes far more heinous than Mr. Lee's, which in all likelihood could have been accidental even though he pled guilty (sometimes pleading guilty is a better and less costly alternative to fighting for one's innocence). The equal treatment issue is important because it illustrates...
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