Remember the details below are only to help you start your grievance. Many things will have to be crafted to be locally relevant, including dates and volumes curtailed. Tailor many interviews to local details. Remember that each contention you make has to be proven with hard fact data. Remember to include a copy of each and every citation in the casefile. This is not an all-inclusive list it is only to help you start your grievance. When someone has a successful grievance please inform me, we are looking for a win.
Contractual Citations
- Article 3 of the National Agreement, which gives management the right to manage, yet restricts it to not conflict with the National Agreement or the Law, reads in relevant part:
“The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations: A. To direct employees of the Employer in the performance of official duties; B. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees; C. To maintain the efficiency of the operations entrusted to it; D. To determine the methods, means, and personnel by which such operations are to be conducted; E. To prescribe a uniform dress to be worn by letter carriers and other designated employees; and F. To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.”
- Laws relevant and applicable to this issue read in relevant part(Under Article 3, 5, 19 via ELM 661 and 15.1):
39 US Code 101:
“(a)
The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people.
(b)
The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities……….
(e)
In determining all policies for postal services, the Postal Service shall give the highest consideration to the requirement for the most expeditious collection, transportation, and delivery of important letter mail.”
39 US Code 3691:
“(b)Objectives.—
(1)In general.—Such standards shall be designed to achieve the following objectives:
(A)To enhance the value of postal services to both senders and recipients.
(B)To preserve regular and effective access to postal services in all communities, including those in rural areas or where post offices are not self-sustaining.
(C) To reasonably assure Postal Service customers delivery reliability, speed and frequency consistent with reasonable rates and best business practices.
(D) To provide a system of objective external performance measurements for each market-dominant product as a basis for measurement of Postal Service performance.”
39 US Code 1011:
“Before entering upon their duties and before receiving any salary, all officers and employees of the Postal Service shall take and subscribe the following oath or affirmation:
“I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.””
18 US Code 1701:
“Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both.”
18 US Code 1703:
“Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be fined under this title or imprisoned not more than five years, or both.”
18 US Code 1693:
“Whoever, being concerned in carrying the mail, collects, receives, or carries any letter or packet, contrary to law, shall be fined under this title or imprisoned not more than thirty days, or both.”
In 2022, with the passing of the Postal Service Reform Act of 2022 we had achieved in law the universal service of six-day delivery, while also breaking management’s expectation to prefund retirement, freeing more funds to be able to deliver the mail.
- Article 19 of the National Agreement, which incorporates handbooks, manuals, and manuals which are relevant to our wages hours and working conditions into our National Agreement, reads in relevant part:
“Those parts of all handbooks, manuals and published regulations of the Postal Service, that directly relate to wages, hours or working conditions, as they apply to employees covered by this Agreement, shall contain nothing that conflicts with this Agreement, and shall be continued in effect except that the Employer shall have the right to make changes that are not inconsistent with this Agreement and that are fair, reasonable, and equitable. This includes, but is not limited to, the Postal Service Manual and the F-21, Timekeeper’s Instructions.”
- ELM 661.2 (incorporated via Article 19) reads in relevant part:
“661.2 Application to Postal Employees In addition to the statutes listed in Title 5, Code of Federal Regulations (CFR), Part 2635.901-902, the following statutes and regulations are applicable to all employees in the Postal Service…… n. Prohibition against carriage of mail contrary to law (18 U.S.C. 1693)….. q. Prohibition against delay or destruction of mail or newspapers (18 U.S.C. 1703)….. ai. Oath of office required for all postal employees (39 U.S.C. 1011)…..”
- Elm 661.1(incorporated via Article 19) which incorporates other statuates that are not particularly mentioned in ELM 661.2, reads in relevant part:
“661.1 Laws Referenced in This Manual
The laws mentioned in this manual are listed for information only. Nothing in this manual constitutes an interpretation or construction of these laws which might be construed as binding the United States Postal Service or the United States.
Failure to mention a statute does not excuse any person from complying with the statute.”
- Handbook M-39 reads in relevant part:
“111.2 Daily Operations The delivery service manager must on a daily basis: Determine need for auxiliary assistance, overtime or curtailment of mail, and determine the most economical manner of providing relief.”
“115.4 Maintain Mutual Respect Atmosphere(As it relates to customer dissatisfaction and a pride for our job)
The National Agreement sets out the basic rules and rights governing management and employees in their dealings with each other, but 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.”
- Section 112.1 of the M-41 reads in relevant part(As it relates to an undue legal burden on the carriers part for following the instruction to obstruct mail):
“112.1 Efficient Service Provide reliable and efficient service. Federal statutes provide penalties for persons who knowingly or willfully obstruct or retard the mail. The statutes do not afford employees immunity from arrest for violations of law.”
- The EL-312 reads in relevant part(As it pertains to staffing in accordance to be able to fulfill their statutory obligations and/or as it relates to operating within a window of operation and failing to staff accordingly to meet that window of operation):
“EL 312 Section 124—The district manager of Human Resources is responsible for. . . c) Planning and conducting appropriate ongoing recruitment efforts to meet local needs. d) Planning, opening, announcing, and publicizing examinations for recruitment to meet staffing needs of the district.
EL 312 Section 211.1 Forecasting—The installation head is responsible for forecasting the recruitment requirements in the installation in sufficient time to assure that there are qualified persons available for appointment. . .While the installation head is responsible for forecasting recruitment needs, local management from all organizational functions must work together in assessing how changing operational needs will affect recruitment needs. “
- Article 30 if you have anything that incorporates your LMOU into this.
- On March 17th Post Master General Steiner testified under oath, and before congress that the Postal Service is mandated by law to deliver to each and every address, six days a week. His exact words read in relevant part(See 36:30 to 36:43 for the video at the following link https://www.youtube.com/live/ZcIyz38QXYA?si=rfORA5xE4zFBDS6C):
“Were mandated by law to deliver to every address, more than 170 million of them, six days a week….”
- Article 5 of the National Agreement reads in relevant part(As it pertains to violation of the law and a unilateral change in working conditions):
“The Employer will not take any actions affecting wages, hours and other terms and conditions of employment as defined in Section 8(d) of the National Labor Relations Act which violate the terms of this Agreement or are otherwise inconsistent with its obligations under law.”
- Article 15 of the National Agreement reads in relevant part(As it pertains to the argument as to whether or not this is grievaable, it is, as its a change to our wages hours and working conditions):
“A. The parties expect that good faith observance, by their respective representatives, of the principles and procedures set forth above will result in resolution of substantially all grievances initiated hereunder at the lowest possible step and recognize their obligation to achieve that end.”
“Section 1. Definition
A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to, the complaint of an employee or of the Union which involves the interpretation, application of, or compliance with the provisions of this Agreement or any local Memorandum of Understanding not in conflict with this Agreement.
Broad Grievance Clause. Article 15.1 sets forth a broad definition of a grievance. This means that most work related disputes may be pursued through the grievance/arbitration procedure. The language recognizes that most grievances will involve the National Agreement or a Local Memorandum of Understanding. Other types of disputes that may be handled within the grievance procedure may include:
• Alleged violations of postal handbooks or manuals (Article 19);
• Alleged violations of other enforceable agreements between NALC and the Postal Service, such as Building Our Future by Working Together, and the Joint Statement on Violence and Behavior in the Workplace. In his award in national case Q90N-4F-C 94024977, August 16, 1996 (C-15697), Arbitrator Snow found that the Joint Statement constitutes a contractually enforceable agreement between the parties and that the union has access to the grievance procedure to resolve disputes arising under it. Additionally, in his discussion of the case, Snow writes that arbitrators have the flexibility in formulating remedies to consider removing a supervisor from his or her administrative duties, if a violation is found. (Note: The National parties disagree over the meaning of administrative duties.);
• Disputes concerning the rights of ill or injured employees, such as claims concerning fitness-for-duty exams, first aid treatment, compliance with the provisions of the ELM Section 540, and other regulations concerning OWCP claims (Step 4, G90N-4G-C 95026885, January 28, 1997, M-01264). However, decisions of the Office of Workers’ Compensation Programs (OWCP) are not grievable matters. OWCP has the exclusive authority to adjudicate compensation claims, and to determine the medical suitability of proposed limited duty assignments;
• Alleged violations of law (Article 5);
• Other complaints relating to wages, hours or conditions of employment.”
- The Postal Operations Manual Reads in relevant part(See Pg. 471):
“621.1 Express Mail, First-Class Mail, and Priority Mail Deliver on the first trip all Express Mail, First-Class Mail, and Priority Mail received at the central distribution facility prior to the established cutoff time.”
Exemplary Issue Statement
Did management violate Article 3 and/or 5 (via 39 US Code 101, 39 US Code 3691, 39 US Code 1011, 18 US Code 1703, and/or 18 US Code 1693), Article 30 (via Items in your LMOU), Article 19 (via the National Color Code Policy, POM 621, and/or ELM 661) and/or Article 8.5 of the National Agreement in its curtailment of First Class mail on DATE, and/or its distribution of overtime (or lack thereof), and if so, what is the appropriate remedy?
Suggested Items Of RFI and Inclusion
- Any and all emails and other communications in making the decision to delay mail, the DCV report or any other report management uses to report the curtailment/delay of mail, time to interview carriers, clerks, and management, copies of scanner messages sent to carriers concerning bringing mail back by a certain time, workhour/workload report, copies of PS Forms 1571 and PS Forms 3996, daily schedules and Overtime Desired Lists.
- Make sure to prove the classes of mail that are being delayed, because POM 621 requires only certain mail types to be delivered upon the day of receipt such as first class and priority.
- Incorporate the OIG reports below which all indicate that this is a violation of the National Color Code Policy and they reenforce POM 621’s legitimacy and its expected compliance.
- Interviewing carriers or gathering statements from them as to what they were told when they curtailed mail in the morning or brought back mail in the afternoon/evening. Often management will tell a carrier to cut mail in the morning in order to pivot on another route. Or the carrier will receive a message on their scanner to be back by a certain time. You should ask questions as to what they were told and by whom. Also, try to get as many details from them as possible to document how many days the mail was brought back.
- Interviewing Patrons to articulate the harm to the community, Exemplary Interview below.
- Interviewing management to pinpoint who made the decision to retard the mail, and requesting their PS Form 61(oath of office form) so you can place obstruction of mail on a particular person.
- If the carrier is told to curtail mail in the morning or bring back mail in the afternoon, they should ask for a PS Form 1571 to record the amount of mail they did not deliver. Management has an obligation to provide them with the form and indicate what they plan to do. Also, management is required to sign the form, and if the carrier asks, give them a copy for their records. These forms will be a good record for a grievance to indicate how often mail is curtailed. (M-39 and M-41 language is attached)
- If the carrier is told to curtail mail to pivot or to be back by a certain time, if they don’t carry their assignment as outlined in Article 41.1.C.4, you could reference that as well. Although the POM states management can pivot, they must follow contractual provisions. M-01292 states they have to abide by the language in 41.1.C.4. (JCAM language and M-01292 attached)
- If there are ODL or PTFs/CCAs not scheduled or the ODL available is not maximized, and full routes don’t get delivered, you could use that as a contention that carriers were available to deliver the mail instead of the decision to delay it. Dont forget you have to prove who is on what lists and the fact that they were available.
- Management should be reporting the delayed mail each day so requesting the curtailed mail report/delayed mail report would be a good reference for your grievance. If management is not properly recording the mail that is curtailed or counting it for the next day for the carrier to case and take out, it could be another contention and a potential violation of Step 4 settlement M-01664. It states management will accurately record the volume into DOIS. (M-01664 attached)
- Often management will cite Article 3, Management rights. Article 3 says they have a right to manage, although they must not violate the contract/laws to do so. They will often say it was an “emergency”. We should be able to prove no emergency existed. Also, we can cite Article 5, violation of the law such as the Postal Reform Act of 2022.
- There is ELM language attached that talks about the delay of mail. ELM 667.17 talks about obstructing the mail, ELM 661.2q talks about prohibition against delay of mail.
- Please caution your carriers and/or stewards of recording and/or taking pictures of mail that is delayed. ELM 667.21 prohibits this and management could potentially issue discipline to them.
Exemplary Interviews
Customer(dont ask questions you don’t know the answer to, preinterview them to make sure they fit the scope of what you are looking for so that you don’t waste your time)
State your name and address for the record
How many years have you lived or operated a business at your current address?
How would you describe the consistency of your mail delivery?
Is it common for you to go an entire day without receiving any mail at all?
Do you generally receive your letters, bills and packages at roughly the same time each day?
Did you ever witness a mail truck drive past your home without stopping only to have no mail delivered that day?
Have there been days where you receive packages but did not receive your regular paper mail?
How often does this occur? Once a month? Once a week?
Have you ever checked your informed delivery digest and seen that mail was supposed to arrive but it didnt show up until days later?
Have you ever noticed carriers delivering only packages in the evening while skipping the mailboxes for letters?
As a customer, what is your reaction when you see a postal vehicle on your street, but your first class mail remains undelivered?
Have you experienced any late fees or missed deadlines because a bill or legal document was delayed?
Does the current inconsistency in delivery cause you concern regarding the security or promptness of the united states mail?
How long has this inconsistency been occurring?
Have you discussed these delivery delays with your neighbors? If so which ones?(these will be your next targets for interviews)
Is there a general consensus in your neighborhood that mail service has become less reliable?
In your opinion, is the postal service currently fulfilling its mission to provide effective and regular service to your home?
Is there anything else you would like to add?