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

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

 

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

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      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

***********************************************************************************************************************************************************************************************************************************************************

                                                                     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)