Joint Statement on Violence and Behavior in the Workplace (Part 2)

(Part 1 was on page 6 of the March/April issue)

By Francisco Cabrera, Second Vice President

If you can’t get that and the situation doesn’t merit appealing further, perhaps a weaker case, at least get the language “supervisor so and so will comply with ELM 660 and M39 Section 115.3, 4.” ELM 660 code of conduct can still take them out. Management uses this language all the time in discipline even removals so this cuts both ways.

Next talk about the postmaster not being able or willing to hold his subordinates accountable for violations of the Joint Statement on Violence (JSOVBW). Should be pretty easy if you have been keeping tabs and filing when they fail to take additional training, (More training is one of the customary and weak resolutions we get for these type of violations) in accordance with past grievance resolutions.

Quoting a paragraph out of Director of Safety and Health Manny Peralta article in January 2014 Postal Record: “If any portion of the joint statement was violated by the behavior that we are objecting to, you need to identify which section was, in fact, violated and what behavior was in violation. For example: If you are handling a grievance that involves a lack of dignity and respect, you would want to address the clauses of the joint statement that reflect this (“...We also affirm that every employee at every level of the Postal Service should be treated at all times with dignity, respect and fairness...”)

Similarly, you might be handling a grievance that involves harassment, intimidation, or threats, and you would address that clause (“...[T]here is no excuse for and will be no tolerance of harassment, intimidation, threats or bullying by anyone...”). Use the phrase: “There is no handbook or manual that lists displays of anger, yelling or threats to employees, as a form of managing and or maintaining efficiency.”

Quote Arbitrators B. Fields, C. Ames and many others which have opined the appropriate remedy is a written apology, cease and desist orders issued to the offending manager, a compensatory remedy, and to remove a supervisor from supervising letter carriers and his/her administrative duties.

A reminder to the Step B Team to wit that it is within the scope of the Step B parties and or an arbitrator, to remove a supervisor from his position is also in order.

Quote: the following contentions:

“Any kind of abusive behavior threatens the safety and health of the carriers involved. Carriers who are threatened in any way can become impaired and unable to perform their duties safely. Thus, situations involving abuse and intimidation place such carriers at risk.

Also: “the lack of treatment with dignity and respect of one another is a precedent to physical violence, and the absence of an atmosphere of mutual respect and fairness, constitutes a serious and consequential deficiency”.

Another great one is to quote Article 14.2

Article 14.2 of the National Agreement, Page 14-1 provides:

Responsibilities. It is management’s responsibility to provide safe working conditions; it is the union’s responsibility to cooperate with and assist management in its efforts to fulfill this responsibility.

14.2 Section 2. Cooperation. The Employer and the Union insist on the observance of safe rules and safe procedures by employees and insist on correction of unsafe conditions. Mechanization, vehicles and vehicle equipment, and the work place must be maintained in a safe and sanitary condition, including adequate occupational health and environmental conditions. The Employer shall make available at each installation forms to be used by employees in reporting unsafe and unhealthful conditions. If an employee believes he/she is being required to work under unsafe conditions, such employee may:

(a) notify such employee’s supervisor who will immediately investigate the condition and take corrective action if necessary.

(b) notify such employee’s steward, if available, who may discuss the alleged unsafe condition with such employee’s supervisor.

And quote M-39 section 115.4 which states:

“It is the front-line manager who controls management’s attempt to maintain an atmosphere between employer and employee which assures mutual respect for each other’s rights and responsibilities.”

Also, that the Union contends language that has been found to violate Joint Statement on Violence and Behavior in the workplace includes not only obscenities and Epithets (characterizing often abusive word or threat), but also threats such as “you’ll suffer the consequences later”, as in case #E90N-4E-C94 054971/C-15316 (Arbitrator McCaffree) page 17. I’m going to have to terminate! take action! Just Cause you!

Quote that The Joint Statement on Violence and Behavior in the Workplace provides the following irrefutable right for employees: “It is a time for reaffirming the basic right of all employees to a safe and humane working environment (…) there is no excuse for and will be no tolerance of harassment, intimidation, threats or bullying by anyone(…) Our intention is to make the workroom floor a safer, more productive workplace.”

Just recently the Pacific Area has issued and reissued a Zero Tolerance Policy Statement regarding harassment and bullying and I’m sure your area has issued the same or similar reiteration of the Joint Statement on Violence. Find it online or your Branch President or Business Agent can get a copy for you.

I’d like to conclude my contentions with the following: “We simply cannot tolerate an employee with supervision responsibility that continually engages in reckless conduct, disregarding employee safety, health, and well-being". Statistically workplace violence is underreported. Don’t be another statistic.

With the robberies affecting us lately, we need another joint statement on violence and crime against letter carriers. Imagine if management and the National union were as committed to our safety as they are to the mail or to Union elections.

Until next time brothers and sisters..., Don’t let them get away with anything! not yelling, not threatening, not bullying, not a lack of dignity and respect.

Freedom of Speech, Union, Contract Enforcement!