Branch 1111 News

NALC HEALTH BENEFIT PLAN SERVICE LINES

BRANCH PAPER DEADLINE

The deadline for copy for Branch 1111 News is the 5th of each month. News stories, articles, letters, drawings, or cartoons, as well as photographs -- either recent or historical -should be submitted to the Branch office. Short notices of personal or shop floor interest are especially welcome. The Editor and Assistant Editor retain the right to edit, delete, or reject articles and artwork for the good of the Branch.

BRANCH 1111 OFFICERS

Edward P. Fletcher, President

Jose Ochoa, Executive Vice President

Narciso Paderanga, First Vice President

Francisco Cabrera, Second Vice President

Mary Abante, Third Vice President

Terrence Super, Fourth Vice President

John Ferreira, Secretary-Treasurer

Mary Phelps, Asst. Sec-Treasurer

Jeff Valentine, Sgt-at-Arms

Jacob Morgan, Insurance Officer

Rickie Cox, Trustee

Ray Garcia, Trustee

Ron Jones, Trustee

Greater East Bay Branch 1111 News

Branch 1111 News is the official monthly publication of the National Association of Letter Carriers (NALC), Greater East Bay Branch 1111. Circulation 3,000

Offices Served: Alameda, Alamo, Antioch, Benicia, Berkeley, Brentwood, Clayton, Concord, Crockett, Danville, El Cerrito, Fairfield, Fremont, Lafayette, Livermore, Martinez, Moraga, Oakland, Orinda, Pinole, Pittsburg, Pleasanton, Richmond, Rodeo-Hercules, San Lorenzo, San Ramon, Suisun City, Union City, Vallejo, Walnut Creek

EXECUTIVE COUNCIL MEMBERS

Chris Calica, Elizabeth Corriea, Marisela Fletcher, Irene Liljedahl, Shana Lum, Joshua Pearl, Frances Rodriguez-Swint

BRANCH 1111 OFFICE HOURS

Monday-Friday: 8 am to 5 pm

402 – 37th Street

Richmond, Ca. 94805- 2134 510-237-5111, Fax 510-237-5181

FACEBOOK: www.facebook.com/nalcbranch1111

WEBSITE: www.Branch1111.org

Meetings are held every fourth Tuesday of the month except in December

BRANCH 1111 NEWS STAFF

Editor - Joshua Pearl: joshpbranch1111@gmail.com

Assistant Editor – John Jekabson: jjbranch1111@gmail.com

Contributors -- Ed Fletcher, Jose Ochoa, John Ferreira, Narciso Paderanga, Mary Abante, Liz Corriea, Ron Jones, Francisco Cabrera, Mary Phelps, Terrence Super, Jacob Morgan

Views expressed in Branch 1111 News do not necessarily reflect the views of the Editor, Assistant Editor, Branch Officers, or members of National Association of Letter Carriers, Branch 1111

BI-MONTHLY BRANCH NEWSPAPER

Going forward, the Greater East Bay Branch 1111 News will be printed bi-monthly. After 42 years of monthly publication, the decision to cut back was made for budgetary considerations. Our award-winning publication will come out six times a year and also continue to be available online at: www.branch1111.org

CONDOLENCES

Our condolences go out to the families of Oakland Gold Card members Eugene Agostini and Freddie Robertson who passed away recently. Our condolences and sympathies also go out to the family of Concord member Kenneth Moore who died this past December. All will be missed by their friends and co-workers.

HAPPY TRAILS TO YOU

The following letter carriers retired recently: Leonides Alfonso of Concord; Robert Makiling and Marisela Fletcher of Oakland; Naranjan Singh, Jefferey Mohoi and Cindy Crouse of Walnut Creek; Horace Cervantez, and Arnedo Carpo of Fremont; Paulino Gonzales of Vallejo; Donald Pritchett and Kulvinder Pannu of Richmond; Charles Brown of Danville; Roel Llamanzares of Lafayette; and David Torres of Pleasanton.

We wish many years of leisure to all.

KATHERINE ELLIS SCHOLARSHIP

The Katherine Ellis Scholarship for 2023 is open to children of Branch 1111 members. Don’t miss the deadline as the applications must be received by February 28, 2023.

NO JANUARY MEETING QUORUM

There was no official Branch meeting in January as not enough members were present. A minimum of 25 must signin for the meeting to be official. Only 24 were on hand. Come fill those empty seats. We need your support to make sure the business of our Union gets done.

Omissions

In our salute to veterans, we take our names from NALC list of veterans. The following member was regretably not listed on the information that we were provided. We now salute El Cerrito retiree Eric Schwartz for his military service

Vallejo retiree Paulino Gonzales punching out for the last time.

Benicia carrier Chita Machaco stopping for a photo after completing her route.

New Postal

Wild, Wild West?

By Edward P. Fletcher, President

The Postman’s motto of, “Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds,” unfortunately needs to be amended to include “except in the case of a robbery.”

The recurring robberies of our Letters Carriers have become a shameful and unfortunate reality. You hear about it on the news from the East Coast to the West Coast that carriers are frequently targeted by criminals. And, not just for the mail and parcels that we carry, but also for our mail keys that open mailboxes and access buildings

The Lawlessness Must Stop!

In the City of Oakland alone in the last 2 years, there have been more than 60 robberies of every kind against letter carriers.

There is the “smash and grab the mail,” the “pop the lock off and grab the mail,” the “assault the carrier and grab the mail” and the “armed robbery.” Of course, the worst by far is armed robberies.

Unbelievably, some Oakland carriers have been robbed more than once. In fact, on February 1, 2023, a North Oakland carrier was punched in the face without warning and robbed for his Postal keys. That was the second time he had been robbed. This robbery was reported on Channel 2 News. The first time he got robbed was on the same North Oakland Street in 2001. In the 2001 robbery, the perpetrators came from behind and said they had a gun and told him to give them the mail.

On February 2 and 3, 2023 in the Martinez Post Office, two more carriers were robbed the same week. The first robbery was a “smash and grab” the mail on February 2nd. On February 3rd the letter carrier had the keys snatched out of his hand and the perpetrator stole his LLV. On a positive note, the dumb bunny criminals left the scanner in the stolen LLV, and the Postal Inspectors were able to track them to an apartment building, where they were arrested.

All these robberies are pure lawlessness against our Letter Carriers, who are Federal employees. Armed robbery of an USPS employee is a violation of Title 18, U.S. Code Section 2114, and is punishable by up to 25 years in prison. All of these thieves need to be fully prosecuted and brought to justice for their crimes.

Protecting Yourself

So, what should you do if you are being robbed? Should you fight back at all costs to protect the U.S. mail? No, the mail can be replaced. Should you wave your hands in the air like you just don’t care and become loud and belligerent to scare the criminals away? No, you won’t scare them and might provoke them even more. Should you threaten them? No, violence is not the answer. Should you chase them down the street after they steal the mail to get it back? No, that’s not your job.

If you are a victim of an armed robbery, please don’t try to be a hero or try to stop them. It’s simple math. They may have a gun, and you don’t. The stolen items can be replaced, but your life can’t.

If you can, make mental notes of what the perpetrators look like, the vehicles involved and the license plate number and identifying tattoos if any. This information could be helpful for the prosecutors.

I encourage letter carriers to be extremely aware of all individuals around you at all times while delivering and or loading your LLVs. Please report any suspicious activity to management and /or the Postal Inspection Service, who should immediately act to protect you.

Branch Meeting Attendance

Now that the COVID-19 restrictions have been lifted in many States and Federal Agencies, including the Postal Service, many unions have gone back to regular in-person Branch meetings. Our Branch meetings are on the 4th Tuesday of every month, except in the month of December. It is important that rank and file members attend and participate in their Branch meetings. The Branch meeting is the democratic “heart and soul” of our union.

The Officers give their monthly reports. Issues are discussed, debated, and voted on. For the first time that I can remember, we didn’t have an official branch meeting on January 24, 2023, because we didn’t have a quorum of at least 25 members. We only had 24 members.

Please make every effort to attend our Branch meetings. The union is not just your Full-time Officers and Shop Stewards, it is all of us standing and fighting together in unity and strength to promote the better welfare of all Letter Carriers.

Branch 1111 needs Shop Stewards.

Please speak with your Full-Time Officer or call the Branch at 510-2375111 if you are interested

Appreciating Our Members!

By Terrence Lee Super, Fourth Vice President

In this month’s article I would like to switch things up a little bit by addressing some people I feel at times get overlooked by most. People who have been with us for 30 plus years and/or even just 30 days! Who I’m talking about are YOU, the members!

Me, and of course the other Officers of this great Branch appreciate you all so much, that there are NO words to express how much. As dues paying members of this Branch, you appreciate the hard work of not only your Branch Officers, but also the Stewards and Chiefs of your installations who are the first line of defense when management violates your Collective Bargaining Agreement Rights. We can’t thank you enough for believing in us to make sure that when management violates, we make them accountable for it. But not only that, we make sure that if they continue violating, we get carriers compensated very well for the egregious violations of your rights.

Without your dues we wouldn’t have the resources to fight management as well as we do, and to get our Stewards trained to fight and become future Officers of this Branch. I just want you to know that you all play a very vital role in our battle with local management officials who have no idea how to treat such hard-working Letter Carriers who are the back bone of the U.S.P.S.

We see you and will continue to see and recognize your hard work, even if no one else does! I don’t want to leave out our non-members, we recognize you as well and the hard work you put in. For whatever reason you never signed up as a member or you got out of the Union at some point of your career and that is of course your right I assure you that no one, and I mean absolutely no one, is judging you for your choice. But I would only respectfully ask that you please consider joining or re-joining the Union.

Let me tell you a quick story When I attended orientation back in 2006, the Union was there to get us all signed up, I was apprehensive about joining. I convinced myself from the beginning when they walked in that I was sure I wouldn’t need them. Not even 30 minutes into the

presentation I changed mind because I realized I was being ignorant.

Instead of being closed minded and not wanting to listen, I actually listened and came to realize that Letter Carriers ARE the Union. It wasn’t just a separate entity that deals with carriers’ issues, it’s Letter Carriers dealing with Letter Carrier issues. Even the National President of the NALC IS a Letter Carrier. The Officers of Branch 1111 ARE Letter Carriers or retired Letter Carriers. We understand what goes on in your installations. What I had come to understand back then was that we are all in this together, and we fight management together, period.

I realized that the Union would understand what I would be going through, which was why I changed my mind and signed up. In fact, I would pay double what I’m paying now if needed. I just want carriers who are not members to understand what I understood way back then, that this is bigger than just us as individuals when it comes to our Collective Bargaining Agreement Rights.

In fact, without the Union, I would have been fired. I ended up needing the help of the Union when Fairfield management tried to fire me for my attendance. I will admit though, my attendance was bad but that was when they started enforcing 6-day work weeks. I didn’t like that, so I would call in a lot, but here I am now, a Full-TimeOfficer of this Branch fighting for the Carriers I represent and I Love it!

So, I beg our members to please help our nonmembers (respectfully) understand how important they are to the success of our Branch and that their dues will help us to continue to train future Union Leaders who will one day continue in the legacy of this hard working Branch and keep holding management accountable for their actions against our fellow Letter Carriers. Because without you there is no representation, and without representation we would not be able to hold management accountable, and they would get away with a heck of a lot more.

Thank you all again for your much appreciated support and overall loyalty. We at Branch 1111 love you and will always be here for you. Be safe everyone!

You Are to Grieve Emergency Placements Beyond 30 Days

By Francisco Cabrera, Second Vice President

We are probably all familiar with how to grieve Emergency Placements under 16.7. However, what do we do when management is punitive and keeps carriers off without pay for as long as possible?

The deliberate starvation of civilians is not a new tactic of war, the “use of starvation of civilians as a method of combat” is prohibited by the 1949 Geneva Conventions which govern some international armed conflicts. Yet postal management seems to get away with it. Until now…

I will share how to fight an unduly lengthy emergency placement of more than 30 days as a separate grievance from the original 16.7 suspension grievance.

First argument we make is Management has failed and or refused to provide any documentation that would justify an Emergency Placement without pay indefinitely.

Arbitrators will look at these on a case by case basis so we will request all documentation management relies on to justify an Emergency Placement without pay indefinitely

Second argument: at no time did the Service state they are waiting for an OIG or Postal Inspection Service Report. In addition issuing management has refused and/or failed to articulate how the time has been spent “investigating” in order to rule out an unreasonable delay.

Third argument: -- Management has already established the reason for the 16.7 in writing as, for example, a safety violation, thus this continuing unreasonable lengthy 16.7 is for alleged misconduct and therefore subject to the provisions of just cause and not a contract case.

Fourth argument: -- Management may claim this issue is not arbitrable, however, the undisputed facts agreed to by the parties at Formal A, show it is. In addition, the subject matter of this dispute, that is maintaining grievant in a non-duty/non-pay status beyond 30 days and de facto, indefinitely has “not been excluded from the National Agreement”. (C. Bosland 4E-19N4E-D 22180408 - page 8)

Fifth argument is that concurrence is also flawed as Management did not provide any evidence that review and concurrence took place even to this day.

Sixth argument -- the Union contends management is not allowed to modify or build their discipline through the grievance procedure.

For all discipline, management bears the burden of proof.

Seventh argument, if it is for a safety related reason, Arbitrators have agreed that 16.7 emergency placements are to

be used sparingly and for safety only in a case of imminent danger.

What issue statement would we use?

Did Management violate Article 3, 5, 8, 15.3, 16.1(the just cause provisions) 16.5 and 16.7 of the National Agreement, when ______________ who was issued an emergency placement the day after the alleged incident of 10/5/2022, and has been on such non-duty/non-pay status for over 30 days now (49 days as of today) is being continued on a 16.7 indefinitely?

What have arbitrators said about this issue?

Arbitrator Ames stated: “It is well settled management cannot use Article 16.7 as a convenient substitute for the required discipline procedures of Article 16.” (C#27986)

Arbitrator Hutt stated: “Arbitrator Lumbley found a violation of Article 16 when the Service continued Grievant in a non-pay status for 58 days with no justification for retaining him.” (Case No. F11N-4F-D 15381537 – page 10)

Arbitrator Hutt also cited Arbitrator Armendariz case in which he stated: “Here, if Grievant's actions rose to the level of misconduct, management had ample resources available for it to take corrective measures that would include disciplinary action, under the guided provisions of Article 16. They do not intend for management to use the emergency placement procedures of Article 16.7 as a means for taking “punitive suspension” actions. This punitive suspension would not survive under 16.1. Thus, that was the effect of the emergency placement disputed in this case The Service apparently views the sentence in Article 16.7, “The employee shall remain on the rolls (non-pay status) until disposition of the case has been had,” as giving Management the “absolute authority” to suspend to suspend an employee indefinitely without any regard to an of the other provisions in Article 16 which are equally applicable and controlling. Such an approach is inconsistent with both the intent and the spirit of the parties when they bargained for language contained in Article 16, which are equally applicable and controlling.”

Turning to the case she cited Armendariz in above Arbitrator Hutt stated: “Grievant was continued in a non-pay status in excess of 30 days without Management issuing discipline or returning him to work. The language in Article 16.7 includes the phrase: “The employee shall remain on the rolls (non-pay status) until disposition of the case has been had.”...The actual question before me raises the issue of whether the Services' indefinite delay in the issuance of discipline and/or notification to the Grievant is a violation of Article 16.7. There is no convincing evidence to conclude the parties negotiated the language “the disposition of the case has been had” with the intent management can place an employee on an emergency suspension for an unbound amount of time. Clearly Management does not have an unfettered option or freedom to continue Grievant on an open-ended emergency suspension as done here. To permit the Postal Service to take an unlimited amount of time to determine what action to take while keeping the Grievant on an emergency suspension would run contrary to the presumption that an Article 16.7 has an ascertainable end- an action that will bring the suspension to a close in a reasonable amount of time.”

Arbitrator Monat stated: “An Emergency Placental cannot be used as an indefinite suspension... Article 16.7 provides that an indefinite suspension may only be used in those cases where the employer has reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed. A much higher standard of just cause must be established in such cases in the instant case there is no allegation ...sting 16.7 as the basis for an indefinite suspension is improper under the terms of the National Agreement. One was not proposed, but management's failure to act to dispose of the 16.7 case, the Emergency Placement has de facto become an indefinite suspension.” (F06N-4F-D 12211064)

Key argument**** In fact as of today the grievant has not received any further disciplinary action regarding incident on____________. This is undisputed. (Note Grievant is still on a 16.7 Suspension without pay)

The Union contends that the indefinite 16.7 Suspension is not for just cause and therefore must be completely rescinded and you will ask for such as the remedy as well as to make the grievant whole from the original date of the 16.7 placement until he/she is put back into pay status and brought to work.

Just recently I received a Step B Decision back upholding the rationale above as well as the principles contained in the arbitration decisions cited which I will be happy to share with you.

Grievances Report 2022 Surpassed the List

By Jose Ochoa, Executive Vice President

The year 2022 was one of our busiest. Your Stewards and Branch officers responded to management numerous violations with a storm of grievances totaling a whopping 6,575.

Thank you, Stewards, for your persistent and firm Contract enforcement, you are the Branch’s fearless warriors!

Good news, the Berkeley Post Office, has been improving the work environment since we got new management. Let’s hope it doesn’t change and go back to the inept, bully and disrespectful toxic postmaster. Nobody should work in an environment of disrespect, intimidation and fear in any post office.

Fortunately, the old dinosaurs roaming the extinct Bay Valley District that were ignoring and/or rewarding inappropriate management behavior are also becoming extinct and the new District is starting to hold this postmaster “accountable” for unacceptable behavior. Unlike the old district that just kept moving this abusive individual from one office to another, over and over again expecting a different result.

Let’s begin the New Year by following the JCAMNational Agreement specifically article 8.5G “The parties agree that with the exception of December, full-time employees are prohibited from working more than 12 hours in a single work day or 60 hours within a service week. Furthermore, the employee’s tour of duty shall be terminated once he or she reaches the 60th hour of work. Reminder, if you have physical imitation conditions you must follow your doctor’s restrictions as written. You can’t volunteer to ignore those restrictions for any reason. No supervisor or manager has the authority to tell you to work longer. You have the right to refuse those instructions. If this happens to you immediately notify your Steward or call the Branch office.

UNION QUOTES

In our glorious fight for civil rights, we must guard against being fooled by false slogans, such as 'right to work.' It is a law to rob us of our civil rights and job rights. It is supported by Southern segregationists who are trying to keep us from achieving our civil rights and our right of equal job opportunity. Its purpose is to destroy labor unions and the freedom of collective bargaining by which unions have improved wages and working conditions of everyone. Wherever these laws have been passed, wages are lower, job opportunities are fewer and there are no civil rights. We do not intend to let them do this to us. We demand this fraud be stopped.

Martin Luther King, Jr.

Concord retiree Johnny Vasquez receives his award from FTOs Francisco Cabrera and Jose Ochoa

During the late nineteenth and the early twentieth century, Philip Bell Downing successfully filed at least five patents with the United States Patent Office. Among his most significant inventions were a street letter box (U.S. Patent numbers 462,092 and 462,093) and a mechanical device for operating street railway switches (U.S. Patent number 430,118). Downing also enjoyed a long career as a clerk with the Custom House in Boston, Massachusetts, retiring in 1927 after more than thirty years of service.

Born in Providence, Rhode Island on March 22, 1857, Downing came from a prominent background. His father, George T. Downing, was a well -known abolitionist and business owner, while his mother, Serena L. deGrasse, had family roots in New York City, New York dating back to the mid -1600s. Philip Downing’s grandfather, Thomas Downing, had been born to emancipated parents in Virginia. He also had success in business, establishing Downing’s Oyster House in the financial district of Manhattan in 1825. It quickly became one of the city’s best -known dining and catering establishments. In addition, Thomas Downing played an important role in founding the United Anti -Slavery Society of the City of New York in the mid -1830s.

One of six children, Philip Downing spent his childhood in Providence and Newport, Rhode Island, as well as in Washington, D.C., where his father was manager of the U.S. House of Representatives’ dining room. Census records indicate that Downing moved to Boston around 1880. Shortly thereafter he married

Evangeline Howard, and had two children, Antonia Downing and Philip Downing, Jr.

On June 17, 1890, the U.S. Patent Office approved Downing’s application for “new and useful Improvements in Street -Railway Switches.” His invention allowed the switches to be opened or closed by using a brass arm located next to the brake handle on the platform of the car. It also allowed the switches to be changed automatically in some cases.

A little over a year later, on October 27, 1891, his two patents for a street letter box also gained approval. Downing’s design resembled the mailboxes that are now ubiquitous, a tall metal box with a secure, hinged door to drop letters.

Until this point, those wishing to send mail usually had to travel to the post office. Downing’s invention would instead allow for drop off near one’s home and easy pick -up by a letter carrier. His idea for the hinged opening prevented rain or snow from entering the box and damaging the mail.

More than twenty-five years later, on January 26, 1917, Downing would receive another patent (U.S. Patent number 1243,595), for an env elope moistener, which utilized a roller and a small, attached water tank, to quickly moisten envelopes. The following year saw another successful application (U.S. Patent number 126,9584) for an easily accessible desktop notepad.

Philip Downing died in Boston on June 8, 1934. He was 77.

Modern mail box inventor Philip Downing

Have you heard of TIAREAP?

NALC and the Postal Service have agreed to several memorandums of understanding (MOUs) to establish an alternate route evaluation and adjustment process for the remainder of 2022 and all of 2023.

MOU Re: Technology Integrated Alternate Route Evaluation and Adjustment Process 2022 – 2023 (TIAREAP) establishes a process that utilizes information made available using Digital Street Review (DSR) technology as the primary means to evaluate and adjust city delivery routes. As in previous alternate route evaluation and adjustment processes, TIAREAP will involve multiple teams established throughout the country, comprised of one NALC representative and one USPS representative, who will jointly evaluate and ad- just routes in select zones. Once the joint teams have been selected, training and zone selection will take place shortly afterward, with evaluations beginning in September. This MOU (M-01982) can be found in NALC’s Materials Reference System.

A jointly developed supplemental document (M-01983) provides the mutual understanding of the national parties on issues related to the MOU Re: Technology Integrated Alternate Route Evaluation and Adjustment Process 2022-2023. It is intended for use by the parties at all levels in properly applying the terms of TIAREAP.

Also, as in the previous alternate route adjustment process, an MOU was agreed upon that allows local parties to jointly submit for consideration a locally developed alternate route evaluation and adjustment process to the NALC National President and the Postal Service Vice President, Labor Relations. This MOU, Re: Alternate Evaluation and Adjustment Processes (M-01984) requires a proposal for such alternate process to be submitted by the NALC Branch President and the Postal Service Installation Head and must provide a detailed explanation of the process. If the proposal is jointly agreed to by the national parties, the local parties will be notified regarding implementation.

The City Delivery and Workplace Improvement Task Force in the 2019-2023 National Agreement tasked the national parties with jointly exploring the use of technology, data, advanced analytics and machine learning to improve operations, route evaluation, adjustment and optimization. Agreement to implement the Technology Integrated Alternate Route Evaluation and Adjustment process comes after more than 14 months of joint exploration and testing of the utilization of DSR technology to evaluate and adjust routes.

Zone selection periods

TIAREAP goes through the end of 2023. Zones may be opted in during three opt-in periods: July 2022, October 2022 and May 2023. While the first zone selections began in July, all evaluations and adjustments will not necessarily begin at the same time. The District Lead Team will schedule evaluations to begin based on several factors, such as resources available (number of route evaluation and adjustment teams), availability of DSR data and/or current representative PS Form 3999s, status of data preparation of zones using Carrier Optimal Routing for adjustment purposes, and

the requirement to have the adjustments for each zone implemented within 75 days of the start date of the analysis.

Adjustments

In past adjustments, managers would accompany carriers on the route to create a PS Form 3999 that was used to determine the value of territory transferred from one route to the other. In TIAREAP, the team will choose a representative day from the Live Week and generate a PS Form 3999-DSR to be used for territory adjustment. Using a PS Form 3999-DSR from the Live Week ensures that the carrier has had the opportunity to provide input to the team regarding any specific issues related to their route. If the team proposes adjusting a route by moving territory to or from that route, the third consultation an adjustment consultation will be conducted with the regular (or mutually agreed-upon replacement) carrier prior to any adjustments being implemented. This is the carrier’s opportunity to provide information about the proposed territory adjustments and for the team to answer any questions the carrier may have. The MOU requires that any agreed-upon adjustments should be made within 75 days of the end of the Live Week of data collection.

Route Adjustment Review Process

The district lead team will review the adjustment data within 90 days of the implementation of the joint route adjustments to determine if a follow up evaluation is necessary. The district lead team will facilitate communication with the local office contacts prior to determining if a follow up evaluation is necessary. If the district lead team determines a follow-up evaluation is needed, the district lead team will either conduct the review or assign it to a route evaluation and adjustment team, as appropriate. Days 30-60 following the implementation of the route adjustment will be used for evaluation, analysis, and, if necessary, implementation of subsequent adjustments, unless the route evaluation and adjustment team mutually agree to use a different period. All routes in a zone will be evaluated, but territory adjustments will only be made to those routes necessary to adjust all the routes as near eight hours as possible.

The local office contacts may also jointly submit to the district lead team to make simple territorial changes as necessary only for the purposes of correcting any obvious errors with the initial adjustment. If such a request is approved, the local office contacts will forward all necessary data to the district lead team so they may update their records and ensure proper recording of changes in the adjustment data.

The routes from Branch 1111 Adjusted in the fall and implemented in January:

Rodeo (94547)

Antioch (94531)

Fairfield (94534)

Clayton (94517)

Alamo (94507)

Routes from Branch 1111 for January, February, and March: Berkeley Station A (94703)

The full details of TIAREAP can be found in the July 2022 issue of the NALC Postal Record.

KNOW WHAT YOU ARE SIGNING, BEFORE YOU SIGN

By Berkeley Chief Steward, Liz Corriea

First of all, let me say Happy Belated New Years to my brother and sisters of this great Union. Since we now get our newsletter every other month, it seems a little strange. Hopefully, all of you will continue to read this newsletter as this is one way to be educated with information about your job and much more.

How many of you fill out your own PS Form 3971?

Do you rely on management to fill it out for you upon an absence? Well, I have been finding out many carriers have relied on management to generate the PS Form 3971 after an absence, without reading what they are signing. For those who carefully read it prior to signing it, that’s fantastic, for those of you who don’t, please start doing so immediately.

Management sometimes puts AWOL (Absence Without Leave). If you’re paying attention, you will catch it You might also find that management put in “annual leave” instead of “sick leave” that you requested. This is why it is important to read all generated PS Form 3971 that management fills out for you.

Personally, I don’t accept any generated PS Form 3971 from management. When I submit my PS Form 3971, I complete it myself. This way I know what I asked for, and I may even include my conformation number. Some carriers may take a screen shot off their phone, which is another way to keep record of what you requested. It should match whatever management generated on a PS 3971 for you. If it doesn’t then this is where you may dispute it. This is another reason for filling out your own PS Form 3971.

I am also finding that management is also improperly filling out the PS Forms 3971. Sometimes they are putting remarks where they don’t belong, instead of the simple instructions given on the PS Form. You can’t go wrong if you follow those instructions.

Just because management may give you a piece of paper and tells you or instructs you to sign it, beware not all papers given to you are Postal Regulated. If it’s a postal form it will usually indicate so, at the bottom of the form For example, “PS Form 3189.” This would let you know it’s a validated form. Don’t get fooled into signing something that is not postal approved.

There’s been a lot of made-up forms that management is using to get you to sign them, which is definitely not right

BERKELEY BLUES NEW!

Compared to some of the bigger cities, like Oakland and San Jose, the city of Berkeley is not looking that bad. We are getting some PTFs who are staying with us, and hopefully we can keep them.

However, we still have a lot of work to do to make this place more organized. We currently have another chief in town, (OIC) Officer in Charge. Berkeley is still waiting on any news about our Postmaster No one knows whether she is returning or not. Some of us have been on pins and needles, hoping to find out if she’s coming back or not. Personally, I hope not Only because we should be in a good place. No one should have to work in a hostile environment where there is too much negativity, where no one wants to come to work, being yelled at, sculled, belittled, and much more.

We spend a good chuck of our time working at the Post Office, and very little time with our families, which is a shame. Most of us in Berkeley aren’t even on the overtime desired list, and yet we’re being mandated to work on our SDO’s.

I know this is a national problem. What will the Postal Service do to help these crises go away, as this is mostly a staffing issue. It’s not just a Berkeley problem. Overall little by little Berkeley is getting some relief, but there is much more to work on. Hang in there Berkeley carriers, work is in progress.

Knowledge is Power!

Drawing by Berkeley DDU carrier Justin Pasteros

SICK LEAVE DOCUMENTATION

By Third Vice President Mary Abante

There is no requirement for an employee to include a medical diagnosis in sick leave documentation.

Once in a while I run across a USPS supervisor who thinks “the nature of the employee’s illness” gave them the right to require carriers to provide personal medical information following a sick leave absence. As a result of this mistaken belief, the supervisor would then refuse to accept medical documentation that said an employee was “incapacitated for duty” unless it provided a diagnosis as well. Worse, the supervisor would, per ELM 513.365, (Employee Labor Manual) charge the absence to annual leave, LWOP or AWOL based on an alleged “failure to furnish required documentation.”

ELM 513.364 states:

When employees are required to submit medical documentation, such documentation should be furnished by the employee’s attending physician or other attending practitioner who is performing within the scope of his or her practice. The documentation should provide an explanation of the nature of the employee’s illness or injury sufficient to indicate to management that the employee was (or will be) unable to perform his or her normal duties for the period of absence. Normally, medical statements such as “under my care” or “received treatment” are not acceptable evidence of incapacitation to perform duties. Supervisors may accept substantiation other than medical documentation if they believe it supports approval of the sick leave request.

ELM 513.365 states:

Failure to Furnish Required Documentation If acceptable substantiation of incapacitation is not furnished, the absence may be charged to annual leave, LWOP, or AWOL.

EEOC (Equal Employment Opportunities Commission) is the agency responsible for enforcing federal laws regarding discrimination or harassment against a job applicant or employee in the United States of America.

Any employer regulation requiring a diagnosis constitutes a medical inquiry. And the Rehabilitation Act places limits on an employer’s right to make medical inquiries. Both courts and EEOC regulations have confirmed the limit on medical inquires applies to all

employees, not just those who are disabled within the meaning of the Rehabilitation Act. Courts have held medical certifications from physicians tend to reveal a disability when a diagnosis is disclosed. Therefore, an employer is required to show it is somehow vital to the business before it can require an employee’s diagnosis to be included in medical documentation.

The Rehabilitation Act puts the burden of proof on the employer to show that there is a “business necessity” for such an inquiry. To meet this burden of proof, an employer must demonstrate that it has a reasonable belief, based on objective evidence, that an employee may not be able to perform the essential functions of his or her positions or that the employee may pose a direct threat due to medical condition.

The limit on medical documentation applies to both absences of three days or fewer and absences over three days.

For absences of three days or fewer ELM 513.361 provides the supervisor may consider the employee’s statement sufficient to explain the absence or can require documentation if it is deemed desirable to protect the interest of the Postal Service. For absences that exceed three days, ELM 513.362 automatically requires employees to provide medical documentation or other evidence of incapacity for work. In both cases, when such documentation is required, it need only state the employee was incapacitated- without providing a diagnosis.

Incapacitated means. Deprived of strength or power; debilitated. In other words, you weren’t able to perform your postal duties so the doctor put you off work.

Complete a PS Form 3971 to insure you are paid and the medical document when required.

Remember to ask and receive a copy of your PS 3971 and consult with your shop steward if you need to.

“If it is not written down, it does not exist.”

Philippe Kruchten

Emeryville’s Jian Hua Lai ready for the street

El Cerrito celebrates the career of Willie Earl Jackson who retired after 38 years of service. We wish you the best going forward

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