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Director of Education               Frank Vega

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Illustration: Releaf.co

Especially For You

 

It’s hard to identify many things in this job that are designed especially for you. The vehicle you drive, the case in which you route (case) the mail and the customers you serve are NOT especially yours.

     What is yours and yours alone is the time it takes you to perform your duties within an eight-hour day.

     As a full time regular you have the right to have an assignment that is as close to eight hours as possible. But not eight hours for anyone else, just for you. So your office time combined with your street time should approximate or be close to eight hours.

     We all know the different routes at the post office. I know of at least three types of routes that are common in today’s workplace. You may have seen or worked under one of these. They are: 

     The SHORT assignment: This is the route or set of duties where the carrier is always being nagged about how much   undertime they have on a daily basis. This is because they are usually back within seven-and-a-half hours no matter what time they leave the office, the weather conditions or the mail mix.

     Management looks to pivot time on these routes to make sure the carrier has eight hours on any given day. It’s difficult sometimes for substitute carriers to keep their composure with management imposing their expectations for the route on that carrier. Management usually does nothing about adjusting these routes because it gives them the flexibility of justifying an additional body and or even a vehicle.

     Under section 271-b of the M-39, management may conduct a special inspection to adjust a route which has excessive undertime. Management rarely has these routes inspected and letter carriers do it even less than that.

     Have you ever seen a carrier ask management to “build up” their route to eight hours? Didn’t think so.

     The LONG assignment: This is the route where the carrier cannot case and carry the route and have an eight-hour day. No matter the amount of mail, how early they hit the street or how able the carrier may be, it’s difficult to get back in less than eight hours, ever.

     These routes are usually created after a bad route adjustment, excessive growth or a route where the regular carrier is usually away for long periods of time.

     Both management and/ or the incumbent carrier can request a special inspection to make sure the assignment is as close to 8 hours as possible. The M-39 provides management certain rights under Section 271A, C, D, and /or F to conduct a special inspection. The carrier’s rights to request the special inspections are covered only in Section 271G of the M-39.

     Then we have YOUR assignment: This is the set of duties that are made, designed or created especially for you. If the substitute carrier can do it in six hours and/or ten hours, it doesn’t matter. The handbooks provided that the assignment you bid on is adjusted to as close to eight hours based on YOUR abilities, not those of anyone else.  

     Keep in mind that there are certain standards that have to be maintained, such as the number of pieces per minute which you may be required to case. These are the infamous 18 & 8 standards you hear so much about. Most carriers can easily case more than 18 letters and 8 flats per minute and most do. But, with the different case configurations and mail mix, it is sometimes difficult to continually case at that pace.

     Then we have another exclusion for carriers like me who have served continuously for 25 years or more or are over 55 years of age. Every carrier should abide by the Article 34 principle of “a fair day’s work for a fair day’s pay.” Don’t let management intimidate you into doing more than that.

     A carrier’s full time assignment includes two ten-minute breaks and a 30-minute rest/lunch period. So technically your work day is approximately 7 hours and 10 minutes.

     As a full time employee, you should demand that your route is kept in proper adjustment by exercising your rights under Section 271G of the M-39 Handbook (most common) and/or Section 918.1 G of the M-41 Handbook (less known), and getting a special inspection when the necessary criteria is met. The rules are simple; they state that:

      g. If over any 6 consecutive week period (where work performance is otherwise satisfactory) a route shows over 30 minutes of overtime or auxiliary assistance on each of 3 days or more in each week during this period, the regular carrier assigned to such route shall upon request, receive a special mail count and inspection to be completed within 4 weeks of the request. The month of December must be excluded from consideration when determining a 6 consecutive week period. However, if a period of overtime and/or auxiliary assistance begins in November and continues into January, then January is considered as a consecutive period even though December is omitted. A new 6 consecutive week period is not begun.

      I’m sure someone reading this article will have an epiphany and realize that “running for the man” is not required of any letter carrier. You give an honest effort for the check you get every other Friday.  

     Be safe doing it and don’t ever, ever, let management intimidate you into doing more in less time than it requires for you to get it done; get it done right and get it done safely. My abilities are not yours and yours are not mine.

     And as always, be safe, be consistent and be honest. That’s the best way to make the best of being a letter carrier. 

 

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Photo credit: David South, smithfield.neotrib.com

You Are Suspended Until Further Notice

 

That’s the last thing any letter carrier wants to hear. But this is exactly what will happen whenever you do something which may trigger the emergency provisions of Article 16.7. This particular section and article of the contract gives management to right to act immediately to eliminate what they consider a hazard or threat to the company, the mail or its employees.

     For example, if you are involved in a rollaway/runaway incident, management may send you home as a threat to their property (postal vehicle). If you come to work intoxicated, if you are involved in a fight or if you are suspected of stealing from the mail, you may get sent home immediately and remain off the clock and without pay until the USPS has had an opportunity to investigate and sort out the facts behind their decision. Before management decides to put you off the clock, there may be some sort of fact gathering or investigation. You may get called in by the OIG, Postal Inspectors or a member of local management and asked to answer questions.

     If this happens, do not answer any questions or provide a statement until a steward is present.

     If you are involved in a motor vehicle accident, the on-site investigation may be sufficient for management to determine you will be suspended and no further investigation may take place at that time and/or on that date. Under most circumstances you will be asked to surrender your ID badge, keys and any other portal property in your possession, before you are sent home.  Depending on the situation, you may be allowed to and escorted to retrieve your personal belongings from your locker or other storage area. 

      Unlike other instances involving discipline, management is not required to provide advance written notice to an employee who is put off the clock on “emergency placement”. Management needs only to have probable cause in order to suspend an employee under the emergency procedures. This is different from Just Cause which requires management to show    beyond the preponderance of the evidence that corrective action was required and justified. 

     You may expect a written notice in the mail, at your official mailing address, soon after you are suspended. Most times it will indicate why you were suspended (the charge(s)), when to report for an investigative interview (if one was not conducted prior to placing you off the clock) and other instructions such as remaining away from postal property unless conducting business at the customer section of the post office.

     In emergency placement situations the union is normally informed of what happened and why management believed placing the carrier in an off-duty, non-paid status was the right thing to do. However, you should always notify your union steward, or contact the National Business Agent’s office (954-964-2116) immediately if you are ever placed on emergency non-duty status.  

     The union should initiate a grievance on your behalf within fourteen (14) days from the date you were put out on emergency placement. Basically, we would ask for your immediate reinstatement and for you to be made whole for all lost wages and other benefits of employment, such as overtime hours and opportunities missed due to the suspension.

     In nearly all circumstances involving an emergency placement, management will deny the grievance at the local levels of the process, since the action may be the result of a district or installation rule. If the emergency suspension goes beyond 14 days, the letter carrier could remain in a non-pay status unless he/she is a preference-eligible employee. A preference-eligible veteran will normally be placed in a pay status after fourteen days of being suspended.

     Under the contract, employees who are placed on emergency non-pay status are called in for a pre-disciplinary interview and/or written charges within a reasonable period following the suspension. If following an emergency placement an employee is issued a removal, the     removal action should not take effect sooner than thirty (30) days from the date the written notice is received. A letter carrier receiving a removal action will be put on the clock or in a pay status until that grievance is adjudicated at Step B, or within fourteen (14) days from the date it is received at Step B, whichever comes first.

     So what can you do to prevent this? Follow all safety procedures and instructions from your supervisor. Perform all your duties in a professional manner and protect the mail at all times. There is absolutely NOTHING or ANYONE at the job that can push you to the point you have to violate safety rules to get the job done. Never compromise your integrity for something you see or find in the mail, it’s absolutely not worth it. Take home what you brought to the post office and nothing other than what is yours or given to you by the rightful owner. Regardless of the value, nothing in the mail or the post office is yours to take, even if it’s in the trash/dumpster. And if you really want it that badly, then follow the dump truck to the land fill and ask those in charge of the land fill if you can take it from there.

     If you should ever have the misfortune of being suspended or issued a removal, remember that while the union is working for you, you should be working for yourself.

     If the union is successful in getting your job back, the resolution may award you back pay. To receive back pay the employee has to show s/he made a reasonable effort to obtain other employment after the first forty five (45) days following the separation or indefinite suspension, per ELM section 436. If there is no evidence of this when the Employee Statement To Recover Back Pay (PS Form 8038) is completed, you may not get any back pay for the period you cannot show you made an effort to find other employment.

     Look before you leap, check both ways before you cross and if you come to work feeling really froggy, take a few minutes and cool down before you enter the workroom floor or interact with your co-workers. The job you save may be your own.

 

His Name Was Harry

April 2, 2016 I attended funeral services for a carrier who had passed away in my branch. He was no extra ordinary carrier. His name was Harry.

     And you wouldn’t think much of who Harry was, since he was a guy that didn’t stand out. Not loud, not tall, he was someone who could blend in any crowd. But for those who knew Harry, while not big in stature, he was truly a giant of a man.

     Harry was an individual who loved his family, his country and his fellow man.  He was a soldier, boy scout leader, union activist, mason, and the list goes on. I learned a lot from him, and liked to hear those long ago stories.

     He told of the twice a day mail delivery in Southern Pines, not because the mail arrived late, but because that’s what they did every day.

     He recalled catching the mailbag at the station from the passing train, just like in the movies. He spoke about working for mean postmasters and superintendents, and good ones too.

     Harry did a lot for this union, both at the local level and as a state officer. Unity and numbers gave us strength, he used to say. Most of the readers will remember the donated afghans, raffled to raise money for scholarships by the NALC Auxiliary. No, Harry didn’t make those; his wife Louise did. And she, like Harry, cared very much for what some of our young letter carriers could care less for: prosperity for our craft and family. She had preceded Harry by about two weeks. That’s what happens in those really truly, forever- together love affairs. Harry died of a broken heart, according to the pastor.

     And, yes, I sat there in church in my neatly pressed carrier uniform, spit shined shoes, and even trimmed my hair to look good for Harry. Proud to represent the branch and those carriers he loved and cared for so much. I was given the privilege by the pastor of reading the Funeral Ceremonial found in our NALC Constitution. I knew Harry would’ve liked that. A president saying goodbye to another president. Rest in peace, my friend. We will keep passing the torch and keep the union fires burning, until we meet in the big union hall in heaven...

     His name was Harry... Harry Klabbatz: Gold Card Member, NALC Merged Branch 1128. And I’m proud to have been his president.

 


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Looking Good

    

Here comes the mailman. The American public recognizes us by the vehicle we drive, the bag we carry over our shoulder and the uniform we wear. We provide a sense of normalcy and stability in the communities we serve.

     Letter carriers pride themselves on being punctual and there is nothing that can keep us from our “appointed rounds.” I found a catchy citation that describes how most carriers feel about their jobs. And it comes, of all places, from a USPS 2001 Comprehensive Statement on Postal Operations. It goes something like this: We are mothers and fathers. And sons and daughters. Who every day go about our lives with duty, honor and pride. And neither snow, nor rain, nor heat, nor gloom of night, nor the winds of change, nor a nation challenged, will stay us from the swift completion of our appointed rounds. Ever.

     And then we have the carriers who work in “golf country USA,” no offense Ron Pokeman, whose motto is: "Rain or shine, snow or sleet, we deliver your mail! (But sunny days are optional)."  

     I was just kidding about my golfing buddies; they all love their jobs and their customers more than their golf games.

     Our customers trust us with some of their priceless possessions, from the ashes of a cremated loved one to the zany grandbaby pictures in a Mother’s Day card to grandma. This trust and confidence is based on the public’s firm belief that we are professionals. And as professionals we have an image to uphold.

     One of the distinguishable attributes of a letter carrier is the uniform. First authorized in 1868, letter carrier uniforms were       required to be worn when on duty, and everyone had to wear the same style of uniform.  

     In time we have progressed and evolved, and the uniforms of yesteryear have also changed. In the early days each carrier was required to have a letter carrier badge, with the lower number indicating the highest seniority. The badge was utilized by all carriers until 1980, when the USPS introduced the “baseball cap.”  Today, we have a myriad of uniform items for wear.

     The weight of the uniform (summer wear vs. winter wear) may be the subject of local negotiations, but if all else fails, we are to wear the uniform prescribed by the installation head. Chapter 9 of the ELM provides details regarding uniform combinations, wear out dates, prohibited items, etc. (Go to www.nalc.org for more details)  

     I love to put on my letter carrier uniform, which I affectionately refer to as my “blue business suit.” I wear it proudly, because I know what it represents.

     But then there are those who couldn’t care less how they look or about the   image they present to the public. We have carriers who wear smelly, dingy and unserviceable uniforms. They come to work with their uniforms in desperate need of the love only a hot iron can    provide. How much confidence would you have in an individual who came to your door looking like he/she hadn’t washed in days? Not much.

     Our customers would rather pay more to have someone like “brown” deliver something to their doors simply because they look neat and presentable. We need to start policing ourselves and projecting the professional and businesslike image our customers expect and deserve.

     Letter carriers and the USPS exist because of our customers, and not the other way around. It’s all right to look neat and presentable and it’s absolutely quite acceptable to keep your uniform clean and serviceable. And if you don’t want to put a little shoe polish on your shoes, make sure you scrub the mud off them and use only USPS approved footwear. 

     While you don’t have to live up to the exceptionally high uniform and appearance standards established by the carriers in Brynn Marr Station, you should at least make sure you don’t stand out in a crowd in a negative way.

     I make no apologies to anyone for my views. We are all provided with adequate wages and a decent uniform allowance so that we may wear proper fitting, clean and serviceable uniforms. To all of you out there, like mailman Dan, who make it a point to look good when you put on your blue business suit:  Keep it up!  And to the carriers like the one I spoke to  recently, it’s not too late to change your ways and improve your appearance to become that professional letter carrier you have always wanted to be.

 

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Photo: imagineyourselfhere.com

You Need How Much Time!!??

 

 A common question asked of carriers who inform management of their need for overtime or auxiliary assistance. According to the Handbook M-41 it is the carrier’s responsibility to inform management when the carrier is of the opinion that he/she will need overtime and it is management’s responsibility to tell the carrier what to do. In section 131 of said handbook we find that:

 

     131.41 It is your responsibility to verbally inform management when you are of the opinion that you will be unable to case all mail distributed to the route, perform other required duties, and leave on schedule or when you will be unable to complete delivery of all mail.

 

     131.42 Inform management of this well in advance of the scheduled leaving time and not later than immediately following the final receipt of mail. Management will instruct you what to do.

 

     131.43 Complete applicable items on Form 3996, Carrier-Auxiliary Control, if overtime or auxiliary assistance is authorized in the office or on the street.

 

      The provisions in this handbook are not only disregarded by management, we have letter carriers set these rules to the side each and every day. In every office carriers have mail sorted to their routes when they report to work. And if management is properly scheduling their employees, 80% of the mail for delivery that day should be at their case. As stated in management’s Handbook M-39, management must:

 

     122.11 Consider the following factors in establishing schedules:

 

     b. Fix schedules to coincide with receipt and dispatch of mail. At least 80 percent of the carriers’ daily mail to be cased should be on or at their cases when they report for work.

 

     But; that’s not the case on a daily basis in most offices. Under some POOM groups we have carriers play round robin and move from route to route in the morning, because they don’t have enough mail at their case to keep them busy and the clerks are still working mail for the day. I am of the opinion that when this takes place, management is failing to properly schedule somebody.

     The discrepancies in their numbers/estimates and ours, bring about the most contentious conversations between carriers and the people who supervise them. However, nothing in the handbooks (theirs or ours) prohibits you from giving an honest estimate of how long it will take you to case all mail distributed to your route, perform other duties, leave on time or when you just can’t deliver all of the mail. We have language in the JCAM that protects us when management comes at us with their numbers and projections of how long it would take (the computer perhaps) to deliver our mail and get off the clock. That is found in Article 41, page 41-58:


     DELIVERY OPERATIONS INFORMATION SYSTEM (DOIS) SETTLEMENT Q01N-4Q-C 05022610 (M-01664)

 

     After reviewing this matter, the parties agree to resolve this dispute based on the following:

     The Delivery Operations Information System (DOIS) is a management tool for estimating a carrier's daily workload. The use of DOIS does not change the letter carrier's reporting requirements outlined in section 131.4 of Handbook M-41, the supervisor's scheduling responsibilities outlined in section 122 of Handbook M-39, or the letter carrier's and supervisor's responsibilities contained in Section 28 of Handbook M-41. DOIS projections are not the sole determinant of a carriers leaving or return time, or daily workload. As such, the projections cannot be used as the sole basis for corrective action. A five minute time credit for lines 8-13 will be added or when route inspection data is available for lines 8-13 the actual average information will be used for daily workload projections. Management is responsible for accurately recording volume and other data in DOIS. Other than obvious data entry errors, route based information may only be changed through a fullcount and inspection or minor route adjustment. Additionally, the parties have previously agreed that functions in DOIS which relate to the route inspection and adjustment process must be in compliance with the city letter carrier route adjustment process in Subchapter 141 and Chapter 2 of the M-39 Handbook. Exceptions are offices that have jointly established an alternate route adjustment method. DOIS base information in such offices shall, as appropriate, comply with the alternate route adjustment method.

 

Date: July 30, 2007

 

     Stand your ground when requesting time to deliver your route, and be ready to show it should management decide they want to ride with you to see why you need that much time, and not what their numbers say. And don’t make their numbers by skipping your lunch and breaks. It is management’s responsibility to instruct you on what to do, and they must do this promptly after you inform them of your situation. You are guaranteed this by another contractual provision found in Section 41-G of the National Agreement that states:

 

     G. The Employer will advise a carrier who has properly submitted a Carrier Auxiliary Control Form 3996 of the disposition of the request promptly after review of the circumstances at the time. Upon request, a duplicate copy of the completed Form 3996 and Form 1571, Report of Undelivered Mail, etc., will be provided the carrier.

 

     Usually, when carriers tell management they cannot do all the work in 8 hours, management hands them a PS Form 3996, the carrier fills it out, other times its already filled out by management. Some carriers never even get a PS Form 3996, since they don’t use them in that office. Bottom line is, it is the carrier’s responsibility to properly fill out the PS Form 3996, giving the reasons as to why overtime or auxiliary assistance is needed. And this is where we let management manage. They then complete the management portion of the PS Form 3996, which is limited to Item L of the form. Management should not be writing all over the form as I have seen in many PS Forms 3996.

     Another thing carriers fail to do is properly record any and all mail distributed to the case and not delivered on that day.  Management attempts to eliminate this requirement by changing color tags on the mail, which is completely improper. It was recently re-emphasized to all management personnel in my postal district that they are not to do the old switcheroo with the tagged mail; it is to be tagged the same color tag it had when it came in the system. If you see your supervisor, postmaster or manager changing tags, tell someone.  Remember that our work assessment and estimation of time is made on ALL THE MAIL distributed to the case, if they don’t want us to assess it, then they shouldn’t put it at our case. Our M-41 clearly states that you must report this mail on a PS Form 1571, not on a sticky note, or a pre-printed form or any other document. Carriers must:

 

     131.44 Report on Form 1571 all mail undelivered — including all mail distributed to the route but not cased and taken out for delivery. Estimate the number of pieces of mail.

 

     131.45 Do not curtail or eliminate any scheduled delivery or collection trip unless authorized by a manager, in which case you must record all facts on Form 1571.

 

     131.46 Before you leave the office, enter on Form 1571 the mail curtailed; when you return, add any mail which was not delivered and which was returned to the office. Follow any special local procedures set up to identify errors and corrective actions for mail returned because it was out of sequence.

 

     Then we have the situation when on your way out the office you find things in your DPS, such as a full coverage mailing, that completely changes your original estimation of your work for the day. Management will sometimes tell unsuspecting carriers that they have until the final receipt of mail to request a PS Form 3996, or to amend one, that’s not necessarily so. We have an answer to that as well. The JCAM clearly states, in page 41-27, that:


     If, while in the normal course of picking up DPS mail, a letter carrier determines the need to file a request for overtime or auxiliary assistance (or to amend a request that was previously filed), the carrier may do so at that time. The supervisor will advise the letter carrier of the disposition of the request or amended request promptly after review of the circumstances. This does not apply if the local parties have agreed upon a practice where the letter carrier has access to their DPS mail prior to filling out the request for overtime/auxiliary assistance (Prearbitration Settlement, H90N-4H-C 94048405, October 21, 1998, M-01366).

 

     With the rapid increase in CCA conversions to Full Time Regular, we have gotten away from the basic letter carrier duties and responsibilities. We are not entitled to overtime, or to work the hours we would like to, or deliver this mail and not the other. All of these things are solely within management’s discretion. We have an obligation to give management a day’s work for a day’s pay and do so in compliance with the rules set forth in that book that is in almost every letter case in this country. Take it out of the holding slot sometime, dust it off and read it. It will make a world of difference in the workplace if all the carriers did just that. The “I didn’t know” excuse when something goes wrong carries less weight the longer you work as a carrier. As professionals we need to know what our duties and responsibilities are to our employer and those customers who pay our salaries.

      Don’t miss your next branch meeting,

      Frank


That’s the Way We Do It

This year has brought about numerous changes in the carrier craft. The national parties have continued to work on contentious issues that have presented themselves to be that way for a number of years.

     For letter carriers there are few things they consider more important than “their route.” And it is their route because they bid on it and were declared the successful bidder by virtue of their seniority.

     The route doesn’t have to be motorized; it doesn’t have to be an all business or an all residential route. It has to be the route he/she bid on because he/she liked something about it. It could be the day off (fixed or rotating), the neighborhood, the customers, etc.

     For those of you who have been around for a few years, you probably remember the days when a route count and inspection was a common occurrence. You had to be proficient and knowledgeable of the process management employed in evaluating your route. You had to know the line items that were utilized to record the office duties during the day of inspection as well as how to do your job “by the book.” The book in this instance was the M-41 Handbook.

     Letter carriers had no problem keeping up with ALL their mail, their edit books, PS 3982 (Pink Cards), residential listings,     special instructions (PS Form 1564B) and making sure case labels were current.

     Routes were adjusted to as close to eight hours as possible, if not carriers and local union representatives knew how to make it right. But, in spite of all the carriers knew, changes came about only by what management believed was the right change. And it was only the knowledgeable carrier and his/her union representative that could overturn and/or undo improper changes to the carrier’s route. If carriers didn’t know, or didn’t care to know, the result was a route out of adjustment and constant disputes with management about the route’s time value.

     Route adjustments were then, and continue to be, costly to the USPS. Some of you may remember that route inspections were forever done wrong and had to be redone, over and over again.

     Then we came to what I like to call the “New Jack” carriers and union representatives. To this new breed of carriers a route inspection was nothing more than harassment from management and a way to get into a carrier’s “business.” After all, the mail was getting delivered and the customers were happy, so what’s the big deal? Who cares if the route is over eight hours, the carrier is on the overtime or work assignment list, and if it’s short he/she always carries on another route to make up his/her eight? And the union guys and gals chimed right along with the carriers. Management was doing things that were inconsistent with the M-39 Handbook, but neither the carriers nor the union leaders had the required knowledge of the process to “call management on it.:

     I’ve been told of union leaders who agreed that minor adjustments to carrier routes done from November 15th to January 1st were proper and refused to proceed with a grievance. The language in the M-39 is specific and leaves little room for guess work.

 

141.17 Advance Preparation Prior to making any minor adjustment on a unit- wide basis, management must notify the local union as far in advance as possible. Any proposed adjustments must be placed in effect within 45 calendar days after the end of the adjustment consultation with the carriers involved and changes should not be made between the period November 15 and January 1. Exceptions must be approved by the district manager.

 

M-01690 MOU  August 1, 2008 Memorandum of Agreement that minor route adjustments may only be implemented pursuant to Section 141 of Handbook M-39; that the evaluation of a route can only  be pursuant to Section 141.18 of the M-39; and that the adjustment of a route can ONLY be done consistent with the formula in Section 141.19 of the M-39.

 

     According to some union leaders, a carrier denied the necessary forms needed to support an adjustment, as well as the required consultation were not harmed in the implementation of the so-called adjustment.

     Apathy for the route inspection and adjustment process became prevalent in the workplace. “Let them do what they want, they’re going to do it their way anyway,” was a common phrase. And, yes, they (management), did it their way. Minor adjustments without proper and current data, one day counts, an updated PS Form 3999, were some of the methods used to adjust routes and most carriers and local union leaders were quite okay with it.

     And while most of these travesties in the route adjustment process were going on in a lot of places, they were not going on in ALL places. Some out there had the wherewithal and gumption to make management do it the right way. Grievances were continually filed and the upper echelons of the USPS concluded something had to be done to stop the monetary hemorrhaging.

     It’s no secret that the only proven and time-tested right way to inspect and adjust routes is when it’s done jointly. Jointly in the sense that we are involved in the decision making process of evaluating and adjusting routes.

     We have a lot of apt and capable letter carriers and union leaders that can “assist” management in getting routes adjusted to as close to eight hours as possible. We had shown them that we could adjust routes, adjust them right and do so without all the expense and aggravation of a full route count and inspection.

     In prior joint processes such as IRAP, MIARAP and JARAP we adjusted routes properly and efficiently, without the associated costs of the customary inspections. Knowing this, the USPS and NALC entered into the most recent process called CDRAAP (M-01846).

     Unlike any of the previous RAPS, this process brings the union involvement to new and unprecedented levels. You can read the memorandum in its entirety by visiting the NALC website for free.

     But nothing the union does at the national and local levels can be successful if the carriers involved do not participate and keep themselves abreast of what is required of them during the evaluation and adjustment process.

     If you are one of those carriers whose zone has been selected for evaluation and possible adjustment(s), it would behoove you to become knowledgeable of those aspects of the process which require your involvement and feedback. And because CDRAAP is data driven, the information relied upon must be properly recorded so that accurate adjustments can be made. Carriers must ensure their clock rings reflect the work they are performing and that any work done on the route, be it in the office and/or street, is properly recorded and the route given credit for such work.

     Keep in mind that certain operation codes, such as the ones listed ahead, take time from your route (354-Standby; 613-Steward Time; 622-Travel Time; 632-Meeting Time; 743-Carrier Customer Support Activities; 757-City Employee on Rural Routes; 782-Training).

     If management instructs you to move to one of these operational codes and you are not actually engaged in such functions, inform your shop steward or the local office contact for CDRAAP, so the matter can be addressed as soon as possible.

     Carrier routes will be evaluated and adjusted using data in its purest form, based on carrier’s actual performance in the office and on the street. The involvement of the incumbent carrier in this process is key to the success of CDRAAP. Get knowledge, get involved and get it right.

 

                        

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Photo by Bill Heidt

Working to Enhance the Knowledge of Our State’s Letter Carriers

 

As Director of Education I have had the honor to serve the letter carriers of the great state of North Carolina as well as the board of the North Carolina State Association for the last 10 years.

     It has been an enormous privilege to be entrusted with the responsibility of providing training and information to the members of this association. In conjunction with and through the office of our Region 9 National Business Agents, Judy Willoughby and  Kenny Gibbs, we have continued to provide training seminars that enhance the knowledge and abilities of participants.

     We have, and continue to improve on providing localized training at the branch and area levels for those who cannot attend state functions, as deemed necessary by the business agent. I remain grateful to the delegates who supported me and elected me to this fifth term as your Director of Education. Thank you very much for your trust and confidence.

     I remain committed and dedicated, as always, to the letter carriers in this state and pledge to rely on the feedback from the state leadership to assist the business agent and me in formulating future training seminar agenda. Time and again we have proven that letter carriers are the ones who keep moving the USPS forward. As the most visible employee in this organization, we must strive to always be properly trained and informed.

     Staying active, knowledgeable and involved in the political machine that runs this country continues to be more important and necessary than ever. You have all heard before but I will say it again: Everything we have as it relates to the USPS can be taken away with the stroke of the pen. Proposals and decisions in Congress that can devastate our beloved USPS and our jobs are continuous and relentless.

     We have seen marked improvement in the parcel business and our future, the CCAs have made the workplace more tolerable with the reduction of overtime and the filling of vacant routes. The agenda of the new PMG is not yet clear, but having been a letter carrier, there’s got to be something good deep inside her.

     (We can hope) our national union leaders continue to work to make improvements in the workplace by making information about how to perform our jobs as well as those tools we need to get the job done with the improvements made to the NALC website. We continue to be the most trusted organization in the government because of everything you do, keep up the good work.

     As Director of Education for the North Carolina State Association of Letter Carriers, I have attended all state-called meetings as required in our state by-laws. I have conducted training at the request and approval of the National Business Agent, throughout the state of North Carolina.

     I continue to provide a quarterly article to The North Carolina Letter Carrier as a way to keep the members informed in between our bi-annual training seminars. I look forward to the continued support of you, the members of the North Carolina State Association of Letter Carriers.

 

What Am I Guaranteed?

 

 

This is not something we normally associate with work and/or the work environment, but more so when we buy something or obtain some sort of service. Yet letter carriers have numerous guarantees afforded them by the National Agreement as well as handbooks and manuals which all form part of the total employment package. 

     One of the most important guarantees that we have as letter carriers is covered by Article 8. This guarantee provides that full time regular carriers have to be worked or paid no less than 8 hours per day, 40 hours per week, and specifically on their non-scheduled day, the same rule applies unless the carrier has an unexpected emergency or illness. Why then do carriers work out deals with management to circumvent these guarantees?  They do so because it is very difficult to catch, and it benefits both of them. Here’s an example; Pertes Macklin is told he has to work his non-scheduled day next week and when told he informs the supervisor that he has a scheduled  appointment on that day for the better part of the day. The supervisor convinces Macklin to come in, case and split his route, put in a leave slip and take the rest of the day off. Macklin does not inform the steward of this and complies with the supervisor’s instructions, makes his appointment and all is well.  WRONG!!!  

     Both Macklin and the supervisor acted contrary to the negotiated language in our contract. As things go, no one would have been the wiser, except that Zachary, who works at the case next to Macklin, was approached by the supervisor once before and solicited to do the same thing. However, Zachary ran it by the steward who quickly informed both Zachary and the supervisor that employees who cannot work their guarantee on a non-scheduled day, should not be scheduled or solicited to work.  The steward showed them both the JCAM language which provides the following:


8.8. B. When a full-time regular employee is called in on the employee’s non-scheduled day, the employee will be guaranteed eight hours work or pay in lieu thereof.

 

Pay guarantee for full-time employee on Non-scheduled Day. A full-time regular or full-time flexible employee called in on a nonscheduled day is guaranteed 8 hours of work (or pay in lieu thereof). This guarantee also applies on a holiday or designated holiday.

 

Waiving guarantees. The Step 4 settlement H4N-2D-C 40885, November 14, 1988 (M-00879) provides that “Management may not solicit employees to work less than their call-in guarantee, nor may employees be scheduled to work if they are not available to work the entire guarantee. However, an employee may waive a guarantee in case of illness or personal emergency.” This procedure is addressed in the ELM Section 432.63.

 

432.63 Pay Computation

As a general principle, when employees are told to clock out by management prior to the end of the guaranteed period, the employees are compensated for the hours of the guaranteed period at the rate of pay they would have received had they actually worked the hours. There are, however, conditions under which employees are not compensated for the remaining hours of the guaranteed period. Generally, this occurs when an employee requests to leave the postal premises because of an illness or for personal reasons or leaves without proper authorization.

 

     In that instance the union had to file a grievance and get Macklin paid the balance of his eight hours, with additional instructions in the settlement for management to cease and desist from soliciting carriers to work less than their guaranteed time.  So don’t do like Macklin and familiarize yourself with your work hour guarantees.

     But for one guarantee we see waived, there’s another that if the carrier doesn’t tell it, no one ever knows. Keep in mind that our jobs normally require us to work unsupervised for the greater part of the workday. Under the negotiated work rules, every full time letter carrier is guaranteed two ten minute breaks and a thirty-minute meal/rest period. Therefore, in and eight hour day (actually an 8 ½ hour day) there is time for you to take breaks and meal/rest. The two 10-minute breaks are paid time, with one of the two (usually the morning break) taken in the office or the street at the discretion of the local union. I include clarifying language from the Material Reference System (see footnote) addressing your rights and obligations to take negotiated breaks. We negotiated for these guarantees and you should not waive them. The relevant language states in part that:   

 

Breaks Are Mandatory

Letter carriers are required to take the negotiated breaks. If management does not enforce this requirement, it should be grieved by the union. The JCAM explains this requirement as follows:

 

Rest Breaks. National Arbitrator Britton ruled that the Postal Service must ensure that all employees stop

working during an office break. Contractual breaks must be observed and cannot be waived by employees. (H4N-3D-C 9419, December 22, 1988, C-08555)

 

432.33 Mealtime

Except in emergency situations or where service conditions preclude compliance, no employee may be required to work more than 6 continuous hours without a meal or rest period of at least 1/2 hour. 

 

M-00093 Pre-arb

April 4, 1985, H1N-5K-C 20446

Except in emergency situations or where service conditions preclude compliance, no employee may be required to work more than 6 consecutive hours without a meal or rest period of at least 1/2 hour. Where service conditions permit, an employee may request to schedule their lunch period after completion of 6 hours' work.

 

M-00624 Step 4

October 27, 1977, NCN 8378

Management is allowed to extent a letter carriers lunch period if required by such factors as the necessary time and distance to eating facilities.

 

Location

Authorized lunch locations are recorded on Form 1564-A, Delivery Instructions. See M-41, Section 251.6 and Exhibit 251.

 

M-00065 Step 4

June 15, 1983, H1N-5G-C 10222

Re Lunch: Those carriers not included in items 1 through 4 of footnote 2, on Form 1564-A, shall not be required to complete those portions of the form annotated by footnote 2, except at their option.

 

M-00622 Step 4

August 23, 1985, H1N-5A-C 25384

Management is proper in authorizing lunch locations in accordance with the M-39 Handbook and the instructions contained on Form 1564A. Letter carriers, however, are free to pursue activities other than eating lunch during their authorized meal period so long as such activities are not in violation of postal regulations.

 

M-00545 Step 4

June 25, 1985, H1N-5G-C 10663

Carriers are permitted to pursue personal activities within applicable postal regulations during their authorized lunch period as long as there is no additional expense to the Postal Service; the assigned vehicle is parked at the authorized park point, and; the mail is properly secured.

See also M-00263

 

M-00262 Step 4

July 9, 1982, H8N-4E-C 5081

Management should determine at what point on the route the carrier should break for lunch. The distance to a suitable lunch location should be measured from that point, and if the lunch place is more than one-half mile from the point of lunch break, the carrier is entitled to transportation to and from lunch.

 

M-00654 Step 4

May 23, 1977, NCN 5477

The information presented in this case is lacking in any substantive evidence to establish any reasonable basis for disallowing the grievant to continue to have his lunch at his home. To this extent, we find the grievance is sustained.

 

     Letter carriers also enjoy a plethora of guarantees that are the envy of organized labor. From the guarantee to be represented by the best union (Article 1) to the guarantee of keeping parts of our binding agreement not in conflict with legislation or competent court authority in effect (Article 43). In a nutshell, I believe we have more guarantees than the average bargaining unit employee, even those within other crafts of the USPS. But none of this came easy, nor was it given to us because management likes us. Everything we have and every guarantee you enjoy as a letter carrier is attributed to the leaders that negotiated them for us. Know what you have, what you’re entitled to, and what is and what is not within your right to give back. Most importantly, “Don’t do like Macklin”….

 

See you all at the meeting,

 

 Footnote*** The Materials Reference System or MRS is one of our most effective tools for making the required information easily available to union activists at all levels. The MRS is a collection of contract administration materials assembled by NALC Headquarters’ Contract Administration Unit. The MRS contains summaries and, in some cases, the full text of many important national-level materials, including settlements of Step 4 grievances, national-level prearbitration settlements, memorandums, USPS policy statements, NALC publications and more. The MRS also contains cross-references to significant national and regional arbitration awards.

 

You Have the Right To…

 

In most cases we have the right to do and say anything. We can talk about the government, our religion, sexual orientation and almost anything else that comes to mind.

     We are free to travel about this country without having to pass checkpoints, or ask permission to leave an area or enter another.

     But there is one forum where saying anything can make you lose your job and even your freedom to move about. At one time or another we have all had to account for something we did. Be it good or bad, someone at some point will ask you to recall or recount the events that took place at another point in time.

     This could be telling a police officer about an accident, telling your kids a story about something that happened in your youth, or it could be you talking about how great a carrier you are to that new CCA.

     But there are those times where you just can’t say as you please.

     When management needs to find out about things that took place in the workplace or matters that involve an employee, where the image of the USPS could be compromised, they have the right to conduct an investigation. They do this in very different ways, for very different purposes and definitely with very different outcomes.

     But as an employee, you have the right to have representation during any investigatory interview that you reasonably believe can lead to discipline. This right, granted to you by the U.S. Supreme Court since 1975, is referred to as the Weingarten Rule. Key points to remember about Weingarten are:

  • The rule applies ONLY when management is searching for facts, and/or trying to determine guilt. It does not apply when management is imposing discipline.
  • An employee has the right to invoke Weingarten when he/she reasonably believes discipline can result from the investigation. If you’re questioned about a preventable motor vehicle accident, you know you will need a steward.    
  • The steward cannot exercise the right for you. If you don’t ask for a steward, management does not have to provide you one. Once you have done so, management should not continue the investigation until steward representation is made available.
  • As your assistant and advisor, employees have the right to pre-interview consultation with the steward anytime you are interviewed. A steward is allowed to speak and ask questions during your investigatory interview, to assist in allowing you to properly present the facts in this your “day in court.”
  • If while you are waiting for the steward management says your failure to cooperate in an investigation violates ELM Section 665, you must not be intimidated and remind them you will answer all questions once a steward is provided.

     Then there are the investigatory interviews that we all want to keep away from, and those are with the postal people who have guns and badges. These could be either the Inspection Service (Postal Inspectors) or agents of the Office if the Inspector General, or OIG for short. When these fellows come to talk to you, matters could be really serious and criminal prosecution is a possibility. Usually these interviews may entail a violation of postal rules or regulations, but it may also deal with a matter where a criminal violation may have taken place. In these rare instances an employee may face disciplinary action as well as civil/criminal charges.

     But regardless of who wants to talk to you, you always have the right to have the steward present.

     One rule of thumb is that if the matter could lead to criminal charges, and this is a question the interviewee should ask, then you should request an attorney since stewards cannot and should not offer legal  advice. These interviews are covered by another set of rules.

     One of the most famous rules in criminal investigation is Miranda. This is where you’re told you have the right to…

  • Remain silent.
  • Anything you say or do can be held against you in a court of law.
  • Speak to an attorney.
  • If you cannot afford an attorney, one will be appointed for you.
  • Have these rights understood by you.

     But when interviewed by the Inspectors or OIG, you may also hear of these other two rights/warnings. They are meant to ensure your constitutional rights are not violated when participating in their investigatory interviews. These other two legal rights are known as Garrity and Kalkines.

     In a U.S. Supreme Court decision in Garrity v. New Jersey, the court found that when employee’s statements were compelled, it was unconstitutional to use these statements in a prosecution. So, under Garrity you have the right to…

  • Remain silent.
  • Anything you say or do may be used against you in administrative (disciplinary), civil or criminal proceedings.
  • If you refuse to answer, you may not be discharged solely for remaining silent.
  • Your silence may be considered in an administrative proceeding for its evidentiary value.
  • The interview is strictly voluntary and you may leave at any time.

     Then there’s the Kalkines Warning. In this landmark case, the U.S. Supreme Court found in Kalkines v. United States, that an individual has the right to know if  information being solicited during an interrogation will be used against them in criminal prosecution. And if given immunity from prosecution, the employee is required to cooperate in the investigation, even if the information solicited could be used for discharging the employee. In this process you are not afforded the right to an attorney. When interviewed and given the Kalkines Warning, an employee will be told that:

  • You are going to be asked a number of questions regarding the performance of your official duties as a postal employee.
  • You have a duty to reply to these questions. Agency disciplinary proceedings, including your dismissal, may be initiated if you refuse to 

    answer or fail to reply fully and truthfully.

    Neither your answers nor any  information or evidence which is gained by reason of your statements can be used against you in criminal proceedings except that you may be subject to criminal prosecution for any false oral or written answers made by you during the course of this interview.

    • You are subject to disciplinary actions up to and including dismissal if you refuse to answer or fail to respond truthfully and fully to any questions, or give misleading information.

         So, it’s best to not be caught up in a situation where any of these rights would have to either be invoked by or read to you. You do this by performing your job in a professional manner, day in and day out, keeping in mind that integrity is doing the right thing even when there’s no one watching. In the years I have represented letter carriers, I’ve yet to see an innocent carrier get accused, much less dismissed or convicted of a crime they did not commit.

        See you at the union hall!