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.