South Carolina State Association of Letter Carriers

    Welcome Union Brothers and Sisters to our 2010 Step B Team Decision webpage.  The decisions here are real cases.

Names of the grievants have been omitted or changed.  The decisions have been shortened or summarized for all practical

purposes.  Most if not all decisions on this page will be favorable ones. Therefore we saw no need to display

management's contentions here.  There is sufficient information present to cite or request a copy of these

decision(s) from the appropriate branch or authority.  If you wish to share a Step B Decision for this page, mail the

You can appeal to management that if the conditions, circumstances, and/or principles of your grievance are the same

as what it is referenced here, then only time (time is money) is wasted by appealing to the Step B Team as their decision

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grievance.  Management was shown to have violated Article 7 and 8 when they assigned city carrier work to a rural carrier and PTF

Clerk from January 16, 2010 through January 29, 2010.  Management may only use rural carriers and clerks if an emergency situation

arises and according to the file there was no emergency situation.  However, review of the file has identified Jane Doe was available

during the weeks to carrier hours worked by the RCA and PTF Clerk.  Management must cease and desist violating Article 7 and Article 8 of

the National Agreement.  Jane Doe identified will be paid for the hours worked by the RCA's and Clerk which will be paid at straight

time for hours not worked up to 40, overtime rate for not working up to 10 hours and penalty rate for hours she could have worked up

to 12 hours; future violations could result in a increase monetary remedies.  Any violation that may have occurred during January 29

to present, maybe considered upon receiving this decision.

 

The Management Step B Member will make the following lump sum payment through GATS:

 

Jane Doe: $2,958.00

 

Step B Ref #6779

PS Form 8190

Union Contention's

Management's Contentions

Clock Rings (September 26, 2009 through January 26, 2010

AB - NAT- 2541

E7N-2E-C32345

E94N-4E-C99160526

______________________________________________________________________________________________________________________________________________________________

 

 

Management was shown to have violated Article 7 of the National Agreement and the Joint Questions and Answers - Transitional

Employees (#14) when TE John Doe and TE Jane Doe worked at the Walterboro Post Office from February 1, 2010 through February 12, 2010.

The Step B DRT agree that any hours TE John Doe and TE Jane Doe were worked over 16 hours during the month of February were more than

occasional and contrary to question and answer number 14 of the jointly developed TE Question and Answers.  The identified ODL Carriers

will be compensated at the appropriate overtime rate for hours they were available to have performed the hours worked in excess of 16 hours

for each TE.  Management is instructed to Cease and Desist.  The requested remedy of and additional payment of 50% of the total will not be

granted at this time.  However, future proven similiar violations may result in additional remedies in order to ensure contract compliance.  The 

management Step B representative will make the following lump sum payments in GATS.

 

ODL Carrier                Amount

Carrier X                    $631.16

Carrier Y                   $576.66

Carrier Z                   $508.66

 

Management's use of TE John and Jane Doe, in the Walterboro Post Office, in no way complied with the agreed upon "occasional basis".  The

Merriam-Webster Dictionary defines "occasionally" as "now and then" and " now and then" is defined as "from time to time".  "Occasonally" does

not mean frequently and this must be considered whether the TE's were used on an "occasional" basis.  The hours worked by these TE"s should

have been worked by ODL carriers assigned to the Walterboro Post Office, to the extent they were eligible to work additonal hours on those dates.

 

Step B Ref# 6781                              Employee Everything Report (29 pages)            Management's Contentions (3 pages)

PS Form 8190                                   Weekly Schedule                                           Merriam Webster Online Dictionary Documents

Union Contentions (6 pages)              Overtime Desired List                                      Regional Arbitration Decison K06N-4K- C-08426427 (16 pages)

Mutual Extension                               PS Form 50 (2)                                              PS Form 8190 Settlement

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                                                                      Step B Decision #3

 

 

Management was shown to have violated Article 15 of the National Agreement by failing to comply with prior previous grievance settlements.

While the disputed grievances are shown in GATS to have been paid, management will cease and desist unreasonably delaying agreed

upon payments to carriers.  Adjustments and GATS should normally be submitted within a few days to ensure prompt payment. However,

the payments in the instant grievance were not submitted until approximately 2 months after the settlements had been made.  Due to the

repetitive nature of the grievance, each carrier listed below will be compensated an additional $50.00 lump sum payment for management's

failure to comply with the grievance settlements in a timely manner. Future proven similiar violations may result in additional remedies in

order to ensure contract compliance.  The management Step B representative will make the $50.00 lump sum payments in GATS to the

following carriers:

 

John A Doe          John B Doe          John C Doe          John D Doe          Jane E Doe          Jane F Doe

 

Explanation:  According to the facts in the file, the file provides a list of 4 previous Formal A Grievance settlements for the Dutch Fork Station.

The union filed the instant grievance contending management has failed to comply with the decisions including agreed upon payments to

carriers.

 

    Compliance with Arbitration awards and grievance settlements is not optional.  No manager or supervisor has the authority to ignore

or override an arbitrator's award or a signed grievance settlement.  Steps to comply with arbitration awards and grievance settlements should

be taken in a timely manner to avoid the perception of non-compliance, and those steps should be documented.

   

Step B Reference # 6850            Step B Decision 2 pgs.             PS Form 8190 (4 settlements)

PS Form 8190                           Payout Sheets 5 pgs.               Table of Contents

Extensions                                Pay Stubs 10 pgs.                    Fax Cover Sheet 2 pgs.

Union's Contentions 11 pgs.

Management's Contentions

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                                                                     Step B Decision #4

 

 

grievance.  Management did violate the National Agreement when determining when lunches would be taken without regard to

contractual language and/or the specific conditions of each individual route and the previously authorized lunch locations.  Management

will meet with each carrier regarding lunches and jointly verify the current lunch locations as "authorized" on the PS Form 1564 or change

and authorize new locations as needed.

 

Management, the NALC and carriers are reminded of the contractual language;

- carriers are to follow their "authorized" line of travel to lunch

- when at all possible lunch stops should be on the line of travel

- carriers have the option of selecting three lunch locations

- these locations are authorized by management

- management is to give consideration to reasonableness of location from the standpoint of suitable eating places

- management is to give consideration to the reasonableness of the distance from the route to the eating place and

   back to the route

 

Explanation: During the month of May 2010 carriers were informed lunches had to be taken between 11 a.m. and 1 p.m.  The Informal

A meeting was held on May 21, 2010 and the Formal A meeting occurred on June 2, 2010 with the parties failing to come to a resolution.

The file provides undisputed contentions that carriers may have taken lunches at times outside of the newly announce window.

Management states that Article 3 would give management the right to discontinue a past practice.  Though the file provides no PS Form

1564's, it is assumed there is a wide range of locations and times noted for "authorized" lunch breaks.  Some of these authorizations

may already fall within the window and some may not.  The issue in this case is the "unilateral" instructions given without

regard to the contract and handbooks.  The lunch times may ultimately fall within the desired window of 11 a.m. to 1 p.m., but

management would have to review each route and "authorize" lunch locations based on the language of the M-39.

 

Grievance File Contents:

Step B Ref # 6918B          PS Form 8190          Attachments (19 pgs)

 

 

 

Management was shown to have violated Article 41 of the National Agreement.  According to M-00758 Step 4 May 22, 1987, H4N-5R- C 3078,

T-6 carrier will not be moved off his / her scheduled route unless absolutely necessary and all other alternatives have been made including calling

in all qualified carriers in an overtime situation.  Management will "cease and desist" moving T6s off their assigned route only if it is absolutely

necessary.  In this case the carrier is an Overtime Desired list carrier.  While it would be contractual to allow this carrier to assist on other routes

and make overtime he should have one primary assignment.

 

John Doe cased on 725 and 737 and carried 745.  John Doe was scheduled to do 725; and Carrier X, Carrier Y and Carrier Z were all not scheduled or

on Annual Leave.  TE's and PTF's were available to work.  Formal A was held July 30, 2010.

 

scheduled on route 725.  Route 725, letter carrier X was NSD. Route 745, letter carrier Y had annual leave in advance. Route 737, carrier Z had Annual

Leave in advance.  The schedule posted showed this.

    The AL Calendar showed Carrier Y and Carrier Z on AL.  One carrier cancelled leave on route 732, Carrier W.  The scheduled shows ODL V, NSD which

he was nonscheduled.  TE A and TE B were scheduled to report at 9:30 a.m. which scheduled time for the routes is 7:30 a.m.  Management Knew in advance routes

725 and 737 would be vacant.  Because they did not assign a body to each route and there was no emergency.  No sick calls and one sick call is not an emergency.

Mr. Mack was moved completely off his scheduled assignment on 6/26/2010.  Management also violated several Step 4 decision when they failed to cover or schedule

a carry to carry or case the route within 72 hours after the schedule was posted.

    Relevant Language from Article 41 of the JCAM and MRS:

41.1.C.4 The successful bidder shall work the duty assignment as posted.  Unanticipated circumstances may require a temporary change in assignment.  This

same rule shall apply to Carrier Technician assignments, unless the local agreement provides otherwise.

Carrier Technician Assignments.  The five routes on a Carrier Technician's string or group which constitutes a full-time duty assignment are normally carried in the posted

sequence.  In the absence of any Local Memorandum of Understanding provisions or binding past practice concerning this issue (see Article 5), management has

discretion to move a carrierto another route on the Carrier Technician's string.  If a Carrier Technician is moved to another route on the string, that route becomes the

carrier's assignment on that day for the purposes of Article 41.1.C.4 and the application of the overtime provisions of Article 8.5.

M-00679 Step 4 February 18, 1976, NC-W-400

It was mutually agreed that the T-6 carrier will not be moved off his scheduled route unless absolutely necessary and all other alternatives have been made including

calling in all qualified carriers in an overtime situation.

 

Grievance File Contents:

Step B Ref #3002

PS Form 8190

Employee Everything Reports (Clock Rings)

Schedule

Leave Calendar

JCAM Article 41.1.C.4

Union's Documentation (numerous pages)

Managment Documentation (8 pages)

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                                                                                      Step B Team Decision

 

 

was shown to have violated Article 19 and/or 15 of the National Agreement as it relates to respect and dignity.  The management Formal A representative

nor manager Mr. K. have denied or explained the treatment as described by the grievant.  Based on the number of grievance filed by or for carrier John Doe,

management appears to show more focus on him or his route as compared to other carriers.

    Though there may be reasons for extra supervision, supervision and work practice corrections must be conducted in a respectful manner and in a fair

manner.  The issue in this case is not whether management can supervise, correct deficiencies or even issue discipline for just cause.  The issue is the

atmoshpere in which these observations and supervision is conducted.

     Supervisor Mr. K. will receive communication and/or human relation skills training in Charleston, S.C.  This training will be completed by January 14, 2011.

A copy of this Step B Team Decision will be forwarded to the Manager of Labor Relations so as to assist her in choosing an appropriate area of focus.  The

union will be notified of the course title and the completion date.

 

issued.  The union contends the grievant was treated with less than dignity and respect.  Mr. K. was said to have;

-acted in a hostile manner

-intended to harass

-took an intimidating stance

-been demeaning

-been degrading

-compared grievant to other carriers

-been disrespectful

-was belittling

-said to pick up the pace and speed up

-said the grievant was having the most trouble out of the six carriers that previously had route

-said the grievant needed to learn what his job requirements were

-said from here to California he had never seen a carrier expeand a route like the grievant

-said grievant was unsure what Mr. K. expected and what Postal Service expected.

 

A supervisor is responsible for giving instruction to city carriers.  However, each employee must be treated with respect and dignity, consistent with Section 115.4

of the M-39.

 

Management is reminded of the importance of these requirements.  Management should make every effort to understand and abide by the following language  from the

M-39;

....it is the front-line manager who controls management's attempt to maintain as atmosphere between employer and employee which assures mutual respect for each

other's rights and responsibilities.

 

Union Contents:  On September 17, 2010 Manager Mr. K. and 204-B Mrs. L. approached carrier John Doe and inquired about his lunch break, how much time he had

left on the route.  Also on that day Manager, Mrs. K.W. of Goose Creek approached carrier John Doe as he was leaving on of his business deliverers and asked why

he had spent so long in there?  John Doe informed Ms. Williams that he was having stomach problems and that he was in the bathroom for 10 minutes.  She then

informed him that he need to pick the pace and motioned him on curtly with a wave of her arms.

The union contends that management did not treat employee with dignity and respect.  The Union contends that management had created a hostile environment by

attempts of intimidation.

 

Joint Statement on Violence and Behavior in the Workplace

 

We openly acknowledge that in some places or units, there is and unacceptable level of stress in the workplace; that there is no excuse for an will be no tolerance

of violence or any threats of violence by anyone at any level of the Postal Service; and that there is no excuse for and will no tolerance of harassment, intimidation,

 

We also afirm that every employee at every level of the Postal Service should be treated at all times with dignity, respect, and fairness.  The need for the

USPS to serve the puble efficiently and productively, and the need for all employees to be committed to giving a gair day's work for a fair day's pay, does not justify

actions that are abusive or intolerant.  "Making the numbers" is not an excuse for the abuse of anyone.  Those who do not treat others with dignity and respect will

not be rewarded or promoted.  Those whose unacceptable behavior continues will be removed from their position.

 

Grievance File Contents:

Step B Ref# 30132B

PS Form 8190

Union Documents (31 pages)

Management Documentation (8 pages)

Clockrings and PS Form 3996s (09/17 & 09/18)