NPMHU Steward Guide - npmhul310.orgnpmhul310.org/guides/Steward_Guide.pdfNPMHU Steward Guide William Quinn ... § Questionnaire on The Duty of Fair Representation 43 ... company-owned

NPMHU Steward Guide

William Quinn

National President

Mark A. Gardner

National Secretary-Treasurer

TABLE OF CONTENTS

PageIntroduction 1HISTORICAL BACKGROUND 5Ø Executive Order 10,988 6Ø Executive Order 11,4916 6Ø The Postal Reorganization Act of 1970 7

THE NATIONAL LABOR RELATIONS ACT 8Ø Key Sections of the NLRA 8Ø The NLRB and Unfair Labor Practice Procedures 10

THE SPECIAL STATUS OF STEWARDS 12Ø The Equality Principle 13Ø When Does the Equality Principle Apply 14Ø Limits on the Conduct of Stewards 15Ø The Equal Standards Requirement 15

THE DUTY OF FAIR REPRESENTATION 16Ø When Most Breaches Occur 17Ø Precautions 18Ø A DFR Action is a Hybird Suit 19

THE RIGHT TO INFORMATION 20Ø Duty of the Employer to Furnish Information 20Ø What You Can Request 22Ø Sample Request for Information Form 24

OTHER APPLICABLE LAWS AND REGULATIONS 25Ø The Weingarten Right 25Ø The Miranda Rule 27

WORKSHOP: LEGAL RIGHTS OF STEWARDS 29Ø Group Discussions About the Role of Stewards 29

§ As it Relates to Their NLRA Entitlements§ Group Discussions About the Role Stewards§ As it Relates to The Duty of Fair Representation 39§ Questionnaire on The Duty of Fair Representation 43

DUTIES OF THE STEWARD 44Ø Credibility and Respect 45Ø Confidentiality of Grievance Information 47Ø Shopping Around Among the Stewards 47Ø Judge Only the Merits of the Case 48

THE RIGHTS OF STEWARDS 50Ø Right to File a Grievance 50Ø Right to Be Paid for Grievance Handling Time 50Ø Right to Solicit a Grievance 50Ø Right to Be Present at Meetings 51Ø Right to Investigate Grievances 51Ø Right to Information from the Employer 52Ø Enforcement of Rights 52Ø Dealing with Personal or Off-the-Job-Problems 53Ø Complaints Against a Fellow Worker or the Union 54

DEALING WITH MANAGEMENT 57

THE GRIEVANCE PROCESS 60Ø Union Representation in Handling Complaints 60Ø What is a Grievance 61Ø Types of Grievances 62Ø Class/Group Grievances Versus Individual Grievances 62Ø Individual Grievances 63Ø Class Actions 64Ø Who Decides if a Grievance Should be Filed? 66Ø How to Decide if You Have a Grievance 66

Ø If it Isn't a Grievance 67Ø If it is a Grievance 68

DEVELOPING THE GRIEVANCE 69Ø Obtaining Permission for Union Time/Seeing a Steward 69Ø Interviewing the Grievant 69Ø Document/Information Requests 71Ø Obtaining Statements 72Ø Investigating Grievances 73Ø Sources of Information 74Ø On-Site Visits: Access to Workplace 75

PAST PRACTICE 77Ø The Nature of a Past Practice 77Ø Function of a Past Practice 79Ø The Burden of Proof 80Ø Termination of a Past Practice 80

PROVING YOUR CASE 82

GRIEVANCE PREPARATION 85Ø What Happened 85Ø Violations/Arguments 85Ø Remedy 86Ø Exhibits 86Ø Do Not Editorialize or Put in Your Personal Feelings: 86

§ Stick to the Facts 86§ Why So Complete? 87

DECIDING WHETHER TO SETTLE A CASE 89

STANDARD SETTLEMENTS 91Ø Discipline Cases 91Ø General 91

CONTRACT CASES 96

EXTENSION OF TIME LIMITS 99Ø The Step One Grievance File 100Ø The Step Two Grievance File 101Ø Step 3 Appeal File 104

GRIEVANCE TIME LIMITS 106Ø Keeping a File 109Ø The Grievance Worksheet 110Ø Instructions for Filing Out the Grievance Worksheet 111

THE STANDARD GRIEVANCE FORM 116Ø Instructions for Filing Out the Standard Grievance Form 117

METHODS OF WRITING STEP 2 APPEALS 124

MEETING WITH THE EMPLOYER: 127SUGGESTIONS FOR PRESENTING THE GRIEVANCE

KEY POINTS 129

ADDITONAL MATERIALS

CONTRACT GRIEVANCE CHECKLISTArticle 7.2 (Cross Craft) Grievance ChecklistArticle 8.5 (Overtime) Grievance ChecklistArticle 13 (Denied Light Duty) Grievance ChecklistArticle 14 (Unsafe Conditions) Grievance ChecklistArticle 25 (Obtaining Higher Level Duty Assignments) Grievance Checklist.

DISCIPLINE GRIEVANCE CHECKLIST

Article 16 (Attendance) Grievance ChecklistArticle 16 (Safety) Grievance ChecklistArticle 16 (Threats) Grievance ChecklistArticle 16.7 (Emergency Suspensions) Grievance Checklist

U.S. POSTAL SERVICE FORM LETTERS

SAMPLE GRIEVANCES

LISTENING SKILLS

FORMS AND ABBREVIATIONS

GLOSSARY OF TERMS

MAJOR LABOR LAWS AND PHRASES

HISTORY OF LABOR

Historical Background 1 of 3

HISTORICAL BACKGROUND

Union activities are not limited to bargaining over wages, hours, and workingconditions. Administration of the collective bargaining agreement is of vitalimportance. The development of collective bargaining in this country did notcome easily. Throughout the 19th century, until passage of the Wagner Actin 1935, unions faced serious legal obstacles.

Courts curtailed union activists under the common law doctrine ofconspiracy. Under the Sherman Anti-Trust Act of 1890 and the Clayton Actof 1914, union activities such as strikes, picketing, and boycotts were heldto be "in restraint of trade." As a result, unions were subject to bothinjunctions and fines. Sometimes union leaders were jailed. To keep unionsout, employers utilized blacklisting, violence, and expulsion fromcompany-owned housing.

Because workers joined unions to improve working conditions, they wereliable to prosecution as participants in a conspiracy. No formal bargainingexisted between representatives of labor and management. The unionspresented their demands on a take-it-or-leave-it basis. The first offer wasthe last offer. Wage demands were placed secretly on the employer's deskat night. Workers were prepared to strike if the employer did not raisewages immediately. Employers formed associations committed to a commonwage policy. Those individual employers who sought to settle separately withunions would be penalized by the association. Penalties might includeostracizing the employer, preventing access to raw materials, or strippingthe employer of a previously agreed-upon part of the market.

In this hostile environment, only a few workers could successfully organize.They were primarily skilled craftsmen, such as printers, silversmiths, andbakers. Indeed, the first public workers who organized in this country werealso skilled craftsmen. They were employed in federal shipyards. Althoughthese unions existed, no formal relationship developed between them andother federal employees for many years.

In 1863, the Postal Union was organized on a craft basis. Letter carrierswere the first, and other postal unions followed at the turn of the century.


All of these craft unions continued to exist without formal recognition. Themajor activity of these unions was to lobby in the halls of Congress ratherthan engage in collective bargaining. It was not until President Kennedyissued his Executive Order 10,988 in 1962 that postal employees wereprovided with a modified form of collective bargaining. Despite the manyshortcomings in Executive Order 10,988, and its successor Executive Order11,491, craft unions in the Postal Service were able to gain bargaining rightsat the National level.

Executive Order 10,988

Executive Order 10,988 created the form, but not the substance, ofcollective bargaining. The scope of negotiations was restricted primarily topersonnel policies and working conditions. The government made the finaldecision on matters such as negotiation of bargaining demands anddetermining unfair labor charges. Although the scope of negotiations wasnarrow, contract administration was difficult. E.O. 10,988 specificallyprohibited binding arbitration as the last step in the grievance procedure.The sovereignty or prerogative theory was used to justify outlawing bindingarbitration on the grounds that the government could not permit an outsidethird party to issue a decision overruling a decision the government itselfhad made. However, E.O. 10,988 permitted something called advisoryarbitration, in which there was a fact-finding procedure compiled with anon-binding recommendation. Unions were reluctant to use advisoryarbitration, as management was free to reject an arbitrator'srecommendation.

Executive Order 11,491

In 1969, President Nixon issued Executive Order 11,491, which created theFederal Labor Relation Council (FLRC). This council was composed of theChairperson of the U.S. Civil Service Commission, the Secretary of Labor,and the Director of the Office of Management and Budget. The FLRC had theauthority to administer and interpret E.O. 11,491 and decide major policyissues. It also considered appeals from decisions made by the AssistantSecretary of Labor for Labor-Management Relations. The


Assistant Secretary of Labor had the authority to establish standardizedadministrative procedures, decide questions on the composition of craftbargaining units, supervise and certify representation elections, and decidecomplaints charging unfair labor practices. The FLRC did not address theconcerns of craft unions in the Post Office. The final decision makingauthority in many areas remained in the hands of the government and localpostal management.

The Postal Reorganization Act of 1970

In August 1970, partially in reaction to the nationwide postal strike earlierthat year, Congress enacted the Postal Reorganization Act (PRA). The PRAcreated the United States Postal Service as a quasi-public postalorganization which is government owned and privately managed. Mostimportant, the PRA also placed the newly established Postal Service withinthe purview of the National Labor Relations Act and mandated that thePostmaster General engage in collective bargaining with the labororganizations holding National Exclusive Recognition. Thus, the process ofcollective bargaining between national craft unions and the USPS began in1971. The right to strike was withheld from postal employees, however, andinstead a special fact-finding and arbitration procedure was created toresolve negotiation deadlocks.

National Labor Relations Act 1 of 3

THE NATIONAL LABOR RELATIONS ACT

The National Labor Relations Act (NLRA) was enacted by Congress in 1935.It was acclaimed as the Magna Carta of American labor. Why? Previouslyemployers disciplined, discharged, and blacklisted union members withoutinterference or obstruction. During the 1930's, violent confrontationbetween workers and companies occurred because workers tried to formindustrial unions. Companies hired private security forces to defend theirinterests. The NLRA was legislated by Congress primarily to deter laborunrest and reduce violent confrontation between labor and companies. TheNLRA guaranteed

1 the right of workers to join unions without fear of managementreprisal; and

2) the establishment of the National Labor RelationsBoard ("NLRB" or "Board") to enforce this right.

In later years, opponents of the NLRA sought to weaken the act, and theywere successful in part with the passage of the Labor-ManagementRelations Act of 1947 (Taft-Hartley) and with certain provisions of theLabor-Management Reporting and Disclosure Act of 1959 (LandrumGriffin).In these statutes, the NLRA was amended to allow unions to be enjoined andsued for a variety of activities. Nonetheless, the NLRA continues to defineand protect the rights of employees to organize and bargain collectivelythrough representatives of their own choosing, to encourage collectivebargaining, and to prohibit practices by management and labor -called unfairlabor practices -- that are harmful to these goals.

Key Sections of the NLRA

There are three important sections in the NLRA that go to the heartof union and employee rights. These are sections 7, 8, and 9.Section 7 defines the term protected as


Employees shall have the right to self-organization, to form,join, or assist labor organizations, to bargain collectivelythrough representatives of their own choosing, and to engagein other concerted activities for the purpose of collectivebargaining or other mutual aid or protection . . ..

Section 7 protects both union and collective activity. In addition toorganizing, it protects workers who take part in grievance handling,on-thejob protest, picketing, and strikes.

Section 8 defines certain practices by the employer considered to be unfairlabor practices ("ULP"), including the following:

employer interference, restraint, or coercion directedagainst union or collective activity (Section 8(a)(1); employerdomination of unions (Section 8(a)(2);

employer discrimination against employees who takepart in union or collective activities (Section 8(a)(3);employer retaliation for filing unfair labor practicecharges with the NLRB (Section 8(a)(4); and

employer refusal to bargain in good faith with unionrepresentatives (Section 8(a)(5).

Further, Section 8 prohibits unions from engaging in unfair labor practices.This includes failure to provide representation to all members of thebargaining unit.

Section 9 provides that unions, if certified or recognized, are the exclusivebargaining representative of the unit's members. The NLRA also prohibitsthe adjustment of employees' grievances by the employer, unless a unionrepresentative is given an opportunity to be present during theadjustment.


The NLRB and Unfair Labor Practice Procedures

The NLRA is administered by the National Labor Relations Board and itsindependent General Counsel through regional offices located in majorcities throughout the country. The General Counsel's office investigatesand prosecutes unfair labor practice cases.

When an employer violates the NLRA, the union or any employee can file anunfair labor practice charge with the NLRB. Normally within thirty days, anNLRB agent will conduct at least a preliminary investigation and will preparea report for the NLRB Regional Director who determines whether to

1. issue a formal complaint against the employer;

2. dismiss the charge; or

3. defer the charge.

Unfortunately, the NLRB does not always work toward its stated goals.Certain provisions of the governing statute and rules actually maydiscourage the resolution of disputes. Here are a few of the policies withwhich you should be familiar:

The de minimus policy: Charges are sometimes dismissed because theemployer's action is considered isolated, trivial, or to use a Latin phrase "deminimus." For example, a supervisor may make a statement which appearsto threaten a steward. However, because the threat was not actuallyimplemented, the Regional Director may dismiss the charge on de minimusgrounds.

The deferral policy In Collyer Insulated Wire Qn, the NLRB adopted a policy ofdeferral regarding unfair labor practice charges filed by unions. Ifarbitration is available under the contract, the Regional Director may deferissuance of a complaint if the union can file a contract grievance allegingsuch a violation against the employer. If the case is arbitrated, and theunion can establish that the case has been deferred by the NLRB, the


arbitrator's award will be reviewed by the Board. The union should encouragethe arbitrator to apply the NLRA principles in deciding the grievance. If thearbitrator's decision clearly violates the NLRA's principles, the NLRB mayissue a complaint and provide relief to the union.

The statute-of-Iimitations policy. The NLRB also applies a strict policyconcerning the statute of limitations, wherein the NLRB normally isrestricted from pursuing an unfair labor practice charge which is filed morethan six (6) months after the date of the alleged violation.

Special Status of Stewards 1 of 4

THE SPECIAL STATUS OF STEWARDS

A steward's job involves consultation on the workroom floor, in thesupervisor's office, and in grievance meetings. Stewards must defend theactions of workers and dispute those of management. This can be done in arestrained diplomatic manner, or with strong forceful language. (A stewardmay use strong language or even profanity, but we do not suggest the useof profanity.) However, the steward should not try to humiliate orembarrass supervisors in front of employees.

The steward must be able to act without fear of retaliationfrom management. As one Arbitrator stated:

Mere militancy or zealousness can never justify punishment, norcan a steward be limited to the language or behavior of theparlor. The steward is certainly entitled to be wrong in theissues he presses or fights over, for his members.

However, even the most zealous steward knows there are limits. Forexample, a steward cannot assault a supervisor, or call a wildcat strike. Asteward cannot counsel employees to disobey the company rules or to usestrong language designed to humiliate or embarrass the supervisor. There isa difference between attacking the issues in question or the logic ofmanagement's decision, and attacking the person who made the decision.Such militancy conflicts with traditional rules of employee obedience andrespect for management.

A steward cannot be disciplined for vigorously pursuing grievances orpresenting arguments in a positive manner. When a steward is disciplined ordischarged for such a reason, arbitrators require the Employer to furnish itclear and convincing proof" that the steward's official behavior wasimproper. As one arbitrator stated:

There is always a question raised of a real possibility that thedischarge is discriminatory or undertaken in bad faith. Thecompany is ridding itself of a zealous unionist under guise of aJust Cause discharge. In these cases, the Arbitrator is obliged


to make a thorough search and examination of the entire record,to ascertain and satisfy himself that Management hasn't violatedthe Collective Bargaining Agreement in this manner.

The Equality Principle

Stewards have a special legal status when engaged in union business underthe NLRB equality doctrine. As previously stated, during these periods,stewards are not bound by the traditional restrictions on employee conduct.When representing employees, stewards are considered equals withmanagement. Conduct which could otherwise result in discipline must betolerated. The NLRB describes the equality principle this way:

A frank and not always complimentary exchange of views mustbe expected and permitted by the negotiators. Collectivebargaining is to be natural rather than stilted. The negotiatorsmust be free not only to put forth demands and counterdemands, they should also debate and challenge the statements.They can do this without censorship, even if during the debate,the veracity of one of the participants occasionally is broughtinto question.

If an employer were free to discharge an individual employeebecause he resented a statement made by an employee during abargaining conference, either one of the two undesirable resultswould follow; collective bargaining would cease to be betweenequals, or employees would hesitate ever to participatepersonally in bargaining negotiations, leaving such mattersentirely to their representatives.

In another case, the NLRB stated:

The relationship at a grievance meeting is not a "masterservant "relationship. It is a relationship between company advocates onone side and union advocates on the other side. These advocatesengage as equal opposing parties in litigation.


The equality principle allows stewards to raise their voices, gesture, useforceful expressions, or threaten legal action. Aggressive advocacy in thisrespect may not always be successful or appropriate, and we certainlydiscourage this approach. However, the use of forcefulness expressed whenattacking the logic of management's decisions is not something for which asteward can be punished. Above all, understand that attacking the man orwoman who made the decision is not protected by the equality principle.

When Does the Equality Principle Apply?

The equality principle applies when a steward is acting in an official capacity.It does not apply when a steward is acting as a worker. When acting in theofficial capacity of a steward, the steward has been released (as a steward)in accordance with Article 17.3A and B of the National Agreement, whichstates;

Section 17.3 Rights of Stewards

A When it is necessary for a steward to leave his/herwork area to investigate and adjust grievances or toinvestigate a specific problem to determine whetherto file a grievance, the steward shall requestpermission from the immediate supervisor and suchrequest shall not be unreasonably denied. In theevent the duties require the steward to leave thework area and enter another area within theinstallation or post office, the steward must alsoreceive permission from the supervisor from theother area he/she wishes to enter and such requestshall not be unreasonably denied.

B The steward, chief steward or other Unionrepresentative properly certified in accordance withSection 17.2 above may request and shall obtainaccess through the appropriate supervisor to review


the documents, files and other records necessaryfor processing a grievance or determining if agrievance exists and shall have the right tointerview the aggrieved employee(s), supervisorsand witnesses during working hours. Suchrequests shall not be unreasonably denied.

When a steward is functioning in an individual capacity as a worker, thetraditional rules of employee conduct which stress obedience to, and respectfor, management still apply.

Limits on the Conduct of Stewards

The equality principle does not provide 100% equality. Employers candiscipline stewards for conduct which "denotes such serious qualities as torender the employee unfit for further service." In Bettcher MfQ_ Corp., asteward was disciplined for loud disruptive conversation on the work roomfloor. In Charles Myers & Co-,, a steward was disciplined for telling asupervisor he "should have his mouth bashed in." Other examples ofunprotected conduct include unprovoked profanity, racial epithets, physicalthreats, and striking a supervisor.

The Equal Standards Requirement

Some supervisors believe that stewards can be held to higher standardsthan other workers. The supervisor will often tell a steward, "of all people,you're supposed to know the rules." This attitude has no support in logic orin law. Stewards are not "super" workers. The NLRB has consistently foundemployers guilty of discrimination for holding stewards to higher standardsthan other workers, or imposing greater discipline. Stewards can file NLRBcharges if employers fail to apply equal standards to them. There is only onecircumstance when stewards can be held to a higher standard than rank andfile workers. This involves work stoppages which violate no-strike clauses.

The Duty of Fair Representation 1 of 4

THE DUTY OF FAIR REPRESENTATION

Up until now we have discussed the legal rights of the union representative.In this section we shall consider the legal obligation owed to the employeesbeing represented, known as the duty of fair representation (DFR). This dutyis not mentioned in the NLRA. It was imposed on unions by the U.S. SupremeCourt in Vaca v- Sipes- The Supreme Court stated:

Though we accept the proposition that a union may notarbitrarily ignore a meritorious grievance or process it in aperfunctory fashion, we do not agree that an individualemployee has an absolute right to have his grievance taken toarbitration regardless of the provisions of the applicablecollective bargaining agreement. . .. A breach of statutory dutyof fair representation occurs only when a union's conducttoward a member of the collective bargaining unit is arbitrary,discriminatory, or in bad faith.

Today, more employees are contesting the representation provided to themby unions, before administrative agencies and the courts. It is only right andmoral for the union to represent all members of its bargaining unit fairly. Inview of the time and money it takes to go to court over alleged breaches ofthe duty of fair representation, representatives must be familiar with thegeneral principles governing fair representation.

The courts have stated that unions which hold exclusive representationrights must exercise that power in the interest of, and on behalf of, allthose represented by the union. "It must be exercised without hostility ordiscrimination, but with fairness, impartiality, and in good faith."

If a member of the bargaining unit is aggrieved, that employee must go tothe union for relief. The courts have made it clear that the union does nothave the duty to take every case to arbitration. Further, the union does nothave the duty to supply excellent, superior, or inspired representation. Thecourts and administrative agencies recognize that union representatives arenot lawyers, but laymen with the delegated authority to perform duties


in accordance with the union's constitution and the collective bargainingagreement. Stewards must perform their duties in conformity withapplicable laws, rules, and regulations.

Stewards have a duty to accept grievances and investigate them thoroughlyunless the grievance is, on its face, worthless and improper. The lawrequires accountability. What is accountability? A steward must (1) accept agrievance, (2) investigate the grievance, and (3) inform the aggrieved as tothe status of the grievance at every step of the procedure. While the unionhas no duty to fight every case, it does have certain duties which make itlegally responsible. The U.S. Supreme Court has held that a union mustrepresent employees without hostility or discrimination, but with fairness,impartiality and in good faith. The Court also has held that a union breachesits duty if there is substantial evidence of fraud, deceitful action, ordishonest conduct. Most important, the Court has ruled that a union violatesits obligation if it arbitrarily ignores a meritorious grievance or processes itin a perfunctory manner.

When Most Breaches Occur

Most breaches of the duty of fair representation occur during the grievanceprocedure. Unions may be found guilty of a breach for:

Failing to file a grievance that has merit;

Failing to investigate a grievance fully to determine whether ithas merit;

Withdrawing a grievance without being able to prove that thedecision to withdraw was based solely upon the belief that thegrievance did not contain any merit;

Settling a grievance in a perfunctory manner or not being ableto explain what facts prompted the union to resolve thegrievance;

Failing to take a grievance, with merit, to arbitration, or not


being able to explain what facts prompted the union not to takea grievance to arbitration;

Failing to take appropriate steps to properly prepare to presentthe facts to the arbitrator.

Here are some common breaches outside the grievance procedure:

Refusal to process a grievance because anemployee does not pay union dues.Refusal to seek arbitration because a dischargedemployee is a union dissident.

Precautions:

It is important to avoid conduct which could subject the union to a DFRclaim. Here are some guidelines:

1 When a grievance is brought to your attention,conduct a full investigation. Interview the grievantand all witnesses. Request files, documents, andother relevant information. Keep detailed records.

2) Do not refuse to file or process a grievance becauseof the worker's sex, race, nationality, age, religion,politics, personality, or dues-paying status. Diligentlyrepresent all employees in the bargaining unit -- evenif you consider the grievant to be a destructive forcewithin the union.

3) Keep the grievant informed of the progress of thegrievance. Maintain a good relationship. If the unionchooses not to arbitrate, explain the reason to thegrievant and record the date of this conversation.


4) Prepare thoroughly for arbitrations. If a unionrepresentative or attorney is handling the case, makesure he or she meets with the grievant well in advance ofthe hearing.

A DFR Action is a Hybrid Suit

A fair representation lawsuit is a hybrid suit:

(1) By a grievant against the union, claiming that the grievance wasnot handled properly; and

(2) Against the company, if the grievant has been discharged orotherwise disciplined, on the ground that management hasbreached the "just cause" commitment in the labor agreement.

Once it has been alleged that the union engaged in a breach, the allegedbreach of the union is not sent to a new arbitrator or to the onepreviously appointed because:

(a) The plaintiff has a constitutional right to have thefacts and damages determined by a jury;

(b) If the discharge grievance was sent back to anarbitrator, the arbitrator could not rectify thegrievant's losses caused by the union's breach; and

(c) A jury can award damages beyond the authority ofthe arbitrator.

The Right to Information 1 of 5

THE RIGHT TO INFORMATION

Although the right to information is not specifically mentioned in the text ofthe NLRA, court decisions have imposed a wide-ranging obligation onemployers to disclose information necessary for unions to carry out theirresponsibilities. This obligation is based on the NLRA requirement thatemployers and unions bargain in good faith. Refusal to provide information,or unreasonable delays in providing it, are unfair labor practices. (Vigoroususe of NLRB procedures to enforce this right is recommended. The NLRBnormally will not defer to the grievance and arbitration process when theemployer refuses to provide information, but rather will consider thewhether the information requested should have been provided. We alsorecommend, however, that stewards consult with their Local Presidentsprior to filing unfair labor practice charges.)

Duty of the Employer to Furnish Information

The NLRB has long held that part of the duty to bargain in good faith is theduty on the part of the employer to supply the union, upon request, withsufficient information to enable the union to understand and intelligentlydiscuss the issues raised. The information demanded must be relevant tothe issues involved in the dispute. The U.S. Supreme Court has stated that:

The duty to furnish the union with information does notterminate with the signing of the collective bargainingagreement, but continues throughout the life of the agreementso far as necessary to enable the parties to administer thecontract and resolve grievances or disputes.

As a steward, you may request information when:

Investigating a grievance;

Preparing for a grievance meeting;


Deciding whether to drop a grievance or appeal tothe next step;

Deciding whether to arbitrate a grievance;

Preparing for an arbitration.

Here are the provisions in the National Agreement that confirm the union'sright to information:

Section 17.3 Rights of Stewards

B The steward, shop steward or other union representativeproperly certified in accordance with Section 17.2 abovemay request and shall obtain access through theappropriate supervisor to review the documents files andother records necessary for processing a grievance ordetermining if a grievance exist and shall have the right tointerview the aggrieved employee(s), supervisors andwitnesses during working hours. Such requests shall notbe unreasonably denied.

Section 31.3 Information

A The Employer will make available for inspection by theunion all relevant information necessary for collectivebargaining or the enforcement, administration orinterpretation of this Agreement, including informationnecessary to determine whether to file or to continue theprocessing of a grievance under this Agreement. Upon therequest of the Union, the Employer will furnish suchinformation, provided, however, that the Employer mayrequire the Union to reimburse the USPS for any costsreasonably incurred in obtaining the information.

B Requests for information relating to purely local mattersshould be submitted by the local Union representative tothe installation head or designee. All other requests for


information should be directed by the Union to the SeniorAssistant Postmaster General, Human Resources Group.

C Nothing herein shall waive any rights the Union may haveto obtain information under the National Labor RelationsAct, as amended.

What You Can Request

The obligation to supply information is extremely broad. You may requestdocuments, factual information, and data. The union must make specificrequests, however. It is not entitled to conduct a "fishing expedition" intothe employer's records. Here are some examples of information that youcan request:

Documents: You are entitled to examine the employer records which arerelevant. Here are some of the documents you can request:

*accident records *material records*attendance records *notes to file*bargaining notes *payroll records*company memos *performance reviews*correspondences *photographs*relevant disciplinary *reports, studies or other informa-

records tion compiled by management **equipment specifications *salary and bonus records*evaluations *postal inspection reports*job assignment records *training manuals*job descriptions *videotapes

Factual Information: Employers must answer pertinent factualquestions. For example, in a cross-craft assignment grievance, you canask for the names of the clerks assigned who performed mail handierduties, the amount of time worked, the operation, and the nature of theduties performed. You are entitled to a copy of the print-out. Carefullydrawn information requests are good tactics for stewards. They helpachieve settlements and discourage employers from violating thecontract.


Caution: Should it become necessary to request information using theRequest for Information Form, each request must be submittedin duplicate, with management acknowledging and returning oneof the forms to you. This would be your proof that yousubmitted a request for information and a basis of filing agrievance where management refused to provide the requestedinformation in a timely manner.


Sample Request for Information Form

USE LOCAL UNION LETTERHEAD

Date:

Installation HeadU.S. Postal ServiceAnytown, New York 10022

Re: REQUEST TO REVIEW AND/OR MAKE COPIES OF INFORMATION

Pursuant to Article 17, Section 17.3B and/or Article 31, Section 31.3 ofthe National Agreement, this union requests a review of all information thatwill be or was used in the issuance of policy or decision, dated

This request is for the purpose of determining whether to file a grievance orto continue to process a grievance. The information should include, but notbe limited to, these specific items:

1.2.3.4.5.

Your immediate, timely response would be most appreciated.

Sincerely,

Steward or Branch President

Other Applicable Laws & Regulations 1 of 4

OTHER APPLICABLE LAWS AND REGULATIONS

The Weingarten Right

In the case of NLRB v- J. Weingarten- Inc-,, the U.S. Supreme Court heldthat an employee has a right, under Section 7 of the NLRA, to have aknowledgeable union representative present whenever he or she isinterviewed by a supervisor or Postal Inspector, and has reasonable causeto believe that discipline will result from that interview. This right isindependent of any rights under the National Agreement.

Section 7 of the NLRA states in part "that employees have the right tobargain collectively through representatives of their own choosing, and toengage in other concerted activities for the purpose of collective bargainingor other mutual aid or protection." The emphasis in this provision is on theterm "mutual aid or protection." It must be remembered, however, that theWeingarten right is the employee's right and not the union's. Thus, to beactivated, the employee must request the presence of a unionrepresentative. Once the request is made, the employer is required toeither:

(1) grant the request;(2) discontinue the interview unaccompanied by a

union representative; or(3) have no interview at all.

There are two principle characteristics of a Weingarten situation thatmust be considered in determining whether or not an employee has aSection 7 right to the presence of a union representative. Generally, theinterview must be investigatory in nature. In Weingarten, a member of theRetail Clerks union was called in by management for the purpose ofdetermining whether she had paid $1.00 for a box lunch rather than thefull price of $2.98 required of all employees. She requested unionrepresentation at the meeting, which was denied. The union filed an unfairlabor practice charge with the NLRB.


The NLRB ruled that management's refusal to permit union representationviolated Section 8(a)(1) of the NLRA, because failing to permit unionrepresentation violated the employee's right to engage in "concertedactivities" that is referred to in Section 7. The Board also concluded that ifa worker reasonably believes that the interview will result in disciplinaryaction the worker is entitled to union representation. The Board stated:

There has been a recent growth in the use of sophisticatedtechniques such as closed circuit television, undercover securityagents, and lie detectors to monitor and investigate theemployees' conduct at their workplace ... often as here ... aninvestigative interview is conducted by security specialists; theemployee does not confront a supervisor who is known orfamiliar to him, but a stranger trained in interrogationtechniques.

Remember, the worker also has the right to consult with a unionrepresentative before attending an investigatory session. It is the worker'sown responsibility to request union representation. If the requestedrepresentative is not available, the recourse of the worker is to requestanother union representative. The Court also found that the employer doesnot have an obligation to justify its action and is free to continue aninvestigation employing methods other than interviewing the worker. Inother words, if an employee requests a union representative, managementdoes not have to call the representative; instead, the employer may stopthe meeting or simply issue the discipline.

The worker's Weingarten rights are limited to investigatory interviews, andthe employer has no duty to bargain with the union representative whoattends the investigatory meeting. The union representative may berestricted to assisting the employee, clarifying the facts, or suggestingother employees who may have knowledge of what occurred. This policycontrasts with a formal grievance meeting where the managementrepresentative must bargain with the union representative.

Because Weingarten provides limited rights to workers, the rights should berequested. If management states that no disciplinary action will result fromthe meeting, then the worker is not entitled to union representation. Ifdisciplinary action is taken, an unfair labor practice claim can be filed.


Either the union representative or the worker can request the right toconfer with the other person prior to the meeting. When meeting with theworker, the steward should obtain as much background information aspossible to fully understand the issues. At the meeting with management,the steward may act as at any grievance meeting unless specifically told notto bargain. This is important because management may, if it chooses, waiveits legal right not to bargain. In either case the steward should make acareful record of the questions asked and the answers given.

To repeat, an employee's Weingarten rights apply during investigatoryinterviews. This means that the supervisor is attempting to have theemployee explain some activity. This excludes the so-called disciplinaryinterview where the decision to discipline has already been made and thesupervisor is merely issuing the discipline. If the supervisor is delivering aletter of warning, suspension, or discharge notice, the employee does nothave a Weingarten right to a union representative. However, if thesupervisor discusses the matter whatsoever during the discussion, theemployee is entitled to have a union representative present if he or she sorequests.

Under the National Agreement, the method of dealing with minor infractionsis the " job discussion." THE NLRB's Office of Advice has indicated that thejob discussion is not subject to Weingarten application.The Office of Advice has held that the union has waived the employee's rightto union representation in a job discussion. In addition, there is at least oneNational-level arbitration award, and at least one Regional award involvingthe NPMHU, holding that the Postal Service may refuse a grievant's requestthat a Union steward be present at a discussion under Article 16.2. Indeed,the National Award by Arbitrator Benjamin Aaron specifically concluded thatsuch a discussion could not reasonably be considered either Investigatory ordisciplinary, and that the union has waived any Weingarten, rights that mightotherwise apply.


The Miranda Rule

In Miranda v. Arizona, the U.S. Supreme Court ruled that before anycustodial interrogation -- that is, before any questioning initiated by lawenforcement officers after a person is taken into custody or otherwisedeprived of his freedom in any significant way -- the person must bewarned:

(1) that he has a right to remain silent;(2) that any statement he does make may be used as

evidence against him;(3) that he has a right to the presence of an attorney; and(4) that, if he cannot afford an attorney, one will be

appointed for him before any questioning if he sodesires.

Unless and until these warnings or a waiver of these rights aredemonstrated, no evidence obtained in the interrogation may be used againstthe accused.

Steward Workshop 1 of 12

WORKSHOP

LEGAL RIGHTS OF STEWARDS

GROUP DISCUSSIONS ABOUT THE ROLE OF STEWARDSAS IT RELATES TO THEIR NLRA ENTITLEMENTS

QUESTIONS:

1. Shaking a finger:

During a grievance discussion, the steward shook his finger at thesupervisor. The supervisor stated: "If you ever do that again, you're finishedhere."

Did the steward's conduct rise to the level of "outrageous" conductforbidden of stewards?

2. Shouting:

After a grievance discussion in the general supervisor's office, the stewardreceived a Letter of Warning for conduct unbecoming. The charge stated,"Extremely loud shouting during a Step 1 discussion."



3. Raising standards:

Before I became a steward I was often a few minutes late to work but thecompany never said anything about it. Now that I am a steward, I get awritten warning if I am even one minute late. Isn't this discrimination?

4. Calling the supervisor a jackass:

During a grievance discussion, the supervisor made a number of ridiculousstatements, which made the steward mad. The steward called the supervisora "jackass."

Did the steward's conduct rise to the level of "outrageous" conductforbidden of stewards? Can the steward be disciplined for the comments?

5. Continuing to argue after the supervisor terminated themeeting:

The steward was in a heated grievance argument with the supervisor. In themiddle of it, the supervisor stated: "This meeting is over, go back to work."The steward continued to argue for a couple of minutes. When the stewardwalked out, he/she slammed the door.

Did the steward's conduct rise to the level of "outrageous" conductforbidden of stewards? Can the steward be disciplined for continuing toargue, and slamming the door?


6. Over-supervising steward:

Ever since I was elected steward, my foreman has been constantly watchingme. Sometimes when I turn around, there are three bosses staring at me. Isthis legal?

7. Going Too Far:

After a Step 1 discussion, the steward became angry. The stewardscreamed at the supervisor and said "I'm going to kick the %#@! out of you."Several employees stopped working to listen.


8. Telling steward to "shut up":

Can a supervisor tell a steward to "shut up" during a grievance discussion?

9. Enforcing plant rules more strictly

A plant rule requires employees to remain in their work areas during worktime. The rule is rarely enforced - except for me. Should I file a charge?


10. Soliciting grievances:

A steward encouraged members to file grievances against the supervisor forperforming bargaining unit work. Can the steward be disciplined for solicitinggrievances?

11. Stronger discipline

The day before Christmas, a few employees, including myself, celebrated atwork with a few beers. A supervisor reported us. The other workersreceived warnings, but I was hit with a suspension. The boss said, "You're theunion steward and supposed to set an example." Can he do this?

12. Threatening steward for failing to supply information:

In preparing a grievance, the steward compiled exhaustive documentation.Management demanded the documentation and threatened to suspend thesteward if refused.


13. Telling employees not to answer questions during aninvestigation:

Management is conducting a legitimate investigation. The steward tells themembers not to answer questions. Is this a violation of the NLRA?

14. Telling workers not to obey the supervisor's orders:

When a supervisor tells an employees to perform work outside of their jobclassifications, does the steward have a legal right to tell the workers torefuse such assignments?

15. Speaking during shop meeting:

Meetings are often called on the work room floor to lecture employees onsafety, conduct, etc. Can the steward ask questions or make statementswhich defend the members?


16. Advising employees not to sign discipline notices:

Does the steward have the right to advise a member not to sign a disciplinenotice?

17. Confidentiality between steward and employee:

An employee was fired for fighting. As his steward, I conducted aninvestigation and interviewed him. Can the company require me to show it mynotes of the conversations?

18. Telephone interview:

During an employee's nonscheduled days, a supervisor calls at home to askquestions about missing mail. Does the employee have to answer thequestions before consulting with a shop steward?

19. Disciplinary announcement:

An employee is called into the plant manager's office, at which point sheasks for her steward. Her request is blatantly ignored; instead, thesupervisor says "Yesterday you violated a supervisor's order. We are givingyou a 7 day suspension for insubordination." Did the Postal Service violateWeingarten


20. Steward not at workplace:

If an employee's steward is out sick, can the employee insist that aninterview be delayed until a steward comes to work?

21. Investigation of steward:

You are a steward. If you are called in by your supervisor to discuss aproblem with your work, can you bring your chief steward to the meeting?

22. Can an employee select a particular representative:

If an employee asks to be represented by his or her chief steward instead ofhis or her regular steward, must management comply?

23. Employee asked to inform on others:

An employee is summoned to a meeting and asked about the involvement ofother employees in illegal activities. May this employee insist on the presenceof a union representative?


WORKSHOP

LEGAL RIGHTS OF STEWARDS

GROUP DISCUSSIONS ABOUT THE ROLE OF STEWARDSAS IT RELATES TO THE DUTY OF FAIR REPRESENTATION

QUESTIONS:

1. Cost of arbitration:

Must the union grieve every employee complaint no matter how farfetched?

2. Compromises:

The union appealed a Letter of Warning to Step 3, which could have beensettled at Step 2 with a three-month life. The grievant wanted all or nothing,and demanded arbitration. Does the union have a legal obligation to arbitrateif denied at Step 3?

3. Backing off:

I filed a grievance against a written warning. At the grievance meeting, if thecompany presents good reasons for its actions, do I have to make a fool ofmyself by continuing to argue for the grievant?


4. Probationary employees:

The contract states that employees must serve a 90-day probationaryperiod. Does the union have to represent employees during this period?

5. Swapping grievances:

Two employees were suspended for five days for failure to followinstructions. At Step 1, the supervisor stated he would rescind oneemployee with back pay, if the union would drop the grievance of the secondemployee. Should the steward swap grievances?

6. Worker wants grievance withdrawn:

Can the union keep a grievance alive if the grievant wants it withdrawn?


7. Statute of limitations

The union dropped an employee's grievance nine months ago. Can theemployee file DFR charges against the union?

8. Suing the steward:

If a member files a DFR lawsuit, can the member sue the steward along withthe union?

9. Appealing arbitration decision

We lost an arbitration case for a discharged worker. The worker wants us toappeal the arbitrator's decision to federal court. The union lawyer says thiswould be fruitless, but the worker is threatening to sue the union. Do wehave to file court appeal?


10. Business agent argues case at arbitration

Does a union commit a DFR violation if a business agent handles a case atarbitration instead of the union hiring a lawyer?Questionnaire on The Duty of Fair Representation


(True or False)

1 The union is legally obligated to represent only members.

2. Unions win most duty of fair representation lawsuits.

3. A union may not agree to a contract provision that benefits one groupof workers more than another group.

4. As long as the union processes a grievance through the steps of theprocedure, a court will not examine how good a job the uniondid in its representation.

5. A union representative should keep a written record on everygrievance.

6. The law gives an individual employee the right to have his/her grievancetaken to arbitration.

7. A court will not review the thoroughness of the union's preparation andpresentation of an arbitration case.

8. If a union loses a duty of fair representation suit, it is the employerwho must pay back wages to the wronged employee.

9. A duty of fair representation suit must be started (a charge filed withthe NLRB or a complaint filed with the court) within six months.

Duties of The Steward 1 of 6

DUTIES OF THE STEWARD

The steward has a special relationship with other workers. The stewardincreases the ability of workers to have a voice in processes affecting them,and provides them with an awareness of common interests. The satisfactionresulting from the steward's presence on the workroom floor provides ameasure of meaning, hope, and expression that enriches the quality of lifeon the job for every mail handler.

Studies have shown that workers view the union in much the same way theyview their steward. The steward is the one person in the union's structurewith whom the worker is in direct and immediate contact. If the workerconsiders the steward to be intelligent, aggressive, fair-minded, andwell-informed, he or she will feel the same way about the union.

The steward does a lot more than just handle grievances. An effectivesteward wears many hats, and has to be many things to many people.

First and foremost, the steward is a representative -- somebody whoacts in an official capacity for other persons. Representative status isconferred upon the steward by the National Postal Mail Handlers Union andbacked up by the legal authority of the National Labor Relations Act andArticle 17 of the National Agreement. The law and the contract guaranteethat the steward may represent mail handlers in their dealings with thePostal Service by bargaining on an equal footing with postal supervisors.

The steward also is an organizer -- to bargain successfully, the unionmust achieve a balance of power with management. So the steward mustorganize and unionize mail handlers, first by signing them up as unionmembers and then by building unity and support for union goals.

Stewards also should work hard to organize experienced mail handlers whohave not yet joined. These workers gain all of the benefits and protectionsof our union, but pay none of the costs. The best way to organize these mailhandlers is through demonstrated union effectiveness. First-raterepresentation is the best argument you have.


Members also should be unionized. You should motivate members toattend and participate in union meetings. An effective steward workscontinuously to build solidarity among the members and support for theunion. Unity gives the steward the backing needed to face management asan equal.

The steward also is an educator -- the steward has an enormousresponsibility for providing union members with information and advice aboutthe issues that confront mail handlers every day. You can protect the rightsof mail handlers and build the union by providing information about theNational Agreement, the governing labor laws, various postal rules andregulations, and other important documents and principles. The stewardshould educate the members about unions in general, and about the NationalPostal Mail Handlers Union in particular. Encourage members to read thepublications issued by the National Union or your Local Union, in order to keepup to date on issues affecting mail handler jobs and the Postal Service. Thesteward also should educate the members about their rights under thecontract and the law. Although the steward is most responsible forenforcing the rights of all mail handlers, individual workers should know thebasics about their wages, benefits, working conditions, and legal andcontractual protections.

The steward also is a leader -- other workers look up to the steward,and expect the steward to be self-motivated and fair-minded. The stewardshould deal with all mail handlers equally and be genuinely concerned withtheir well-being. The steward who displays these qualities will gain respectand credibility from co-workers and management alike.

Remember, the steward is the union's spokesperson. You must deal withyour co-workers fairly, and should be professional in all your dealings withmanagement. If you are able to meet both of these standards, you will gainthe respect and credibility you need to do your job effectively.


CREDIBILITY AND RESPECT

You are the union's spokesperson-to the membership. Always remember thatthis is a responsibility and not a right. The membership owns the union and,although you are appointed, you work for them. Even though at differenttimes you may "wear many hats," management and the members will alwaysperceive and treat you as though you were the "union."

Your credibility is the most important tool you have as a representative. Youearn or lose respect with everything you do. If a steward is lazy, ill temperedor has attendance problems, management and the membership will think lessof the steward, and the steward will therefore find it difficult to be acceptedas a leader. Even your personal life and problems can affect your ability torepresent the union and the membership. Leadership is earned by setting anexample -- it is not something bestowed on people by a position.

You must deal with your co-workers, fairly and not lose your temper evenwhen you are not on official steward's duty time. The fact of the matter isthat you will have to represent all workers, those you like and those youdon't like.

You should be professional in all your dealings with management. Tellmanagement the truth whenever you can. Otherwise, say nothing or tellthem you cannot answer the question. Keep your cool even when you'reprovoked. Losing your temper puts you at a strategic disadvantage because,when you lose your temper, you also lose your perspective and your ability tothink rationally. Sometimes a raised voice may help to convince them howstrongly you feel on a subject. If you constantly scream and shout, however,it has no effect after a while.

Never lie to the membership. Tell the members the truth even when youknow it is not what they want to hear. They may not agree, but at least theywill respect you for it. If you don't know the answer to a question just sayso, but always find out and get back to them with the answer as soon as youcan.

As a steward, your job is to represent mail handlers and to defend mailhandlers. You should never get a fellow mail handler in trouble. If a mailhandler is "screwing up," find someone in our organization to talk to him orher. Talk to your AVP or Chief Steward about it.


Remember that you are still a mail handler. When you are supposed to beworking, work. Every time the supervisor walks by, don't take it as anotheropportunity to stop what you are doing to talk to him. When you are notactually working on a grievance, investigating or representing a mail handler,be a mail handler. Do your share of the work.

CONFIDENTIALITY OF GRIEVANCE INFORMATION

One of the most important aspects of your conduct as a steward isconfidentiality! Always maintain the confidentiality of what the mail handlerstell you. Again, mail handlers generally will perceive you as the union, whetheryou are working with them on the docks or handling their grievance. Oneperson's problem or discipline is nobody else's business. Telling just one otherperson in the Post Office makes it common knowledge the next day.Everyone will know where it came from, and you will lose the trust of all.Trust is the very foundation of the union. without it, "we" become "them" inthe eyes of the employees we represent.

If you are working on a discipline grievance, don't tell other mail handlersanything about it. The grievant may be embarrassed and not want any of hisor her co-workers, to know about the discipline. If the grievant wants otheremployees to know, let him/her tell them. If management tells other mailhandlers about a grievant's discipline, file a grievance and cite the ELMregulations on the Privacy Act.

If a manager tells you something in confidence about the USPS, do notrepeat it. If a manager tells you something anonymously, never reveal thesource. Developing and protecting these levels of trust and credibility takesa lot of effort, but it will pay dividends. Trust and credibility are what make asteward effective. But they can be destroyed by one act of indiscretion.


SHOPPING AROUND AMONG THE STEWARDS

Be careful of members who "go shopping" among stewards. These mailhandlers approach one steward, and when he or she doesn't tell them whatthey want to hear, they approach another. Usually (because of what the firststeward said) the second time they omit or modify parts of the originalstory, hoping to get a different answer. When approached by one of thesepersons, always ask who else they have spoken with about this issue, andthen ask what the other steward said. Before offering a different opinion,you should check back with the other steward.

JUDGE ONLY THE MERITS OF THE CASE

Although you are constantly judged by others, never judge the members. Asa union representative handling grievances, judge only the merits of thecase. If a case can be made, your job is to do your best. Procedural flawswarrant dismissal of even valid charges because, if they are allowed today,tomorrow they may be used against the innocent. Even if a member has along history of misconduct, this time he or she may be perfectly innocent.Management will attempt to bait you into this judgment game, but don't fallfor it. We are not God, even if management thinks that they are.

Suppose an employee comes to you and wants to file a grievance. He wassuspended because he called his supervisor an "asshole" and some othernames that shouldn't be put in this manual. You know that he did it becauseof what some very reliable witnesses told you.

Suppose another employee gets a letter of warning for excessive sickleave use. You know that the employee calls in sick often, usually onlybecause he just wants the time off or goes out and parties. You andeveryone else believes that he deserves the letter of warning.

In the above cases, would it bother you to file grievances and do your best toget the discipline rescinded? Does it matter at all how guilty the grievantmay be? A good steward shouldn't care. What you should care about iswhether management followed all of the steps and went through on all of theprocedures they were required to before taking the action that is beinggrieved.

Management has to follow certain procedures that are in the contract, theELM, past practice, or the law. If management has not followed these


procedures, you should file a grievance claiming that the underlying actionagainst the employee must be dismissed.

Rights of Stewards 1 of 7

THE RIGHTS OF STEWARDS

The following is a brief summary of your rights as a steward. Moreinformation on the subject can be found in many publications, such as theLegal Rights of Union Stewards by Robert M. Schwartz, which is published byWorking Rights Press in Boston, Massachusetts.

RIGHT TO FILE A GRIEVANCE

The shop steward has the right to file grievances (Article 15.2 of theNational Agreement), and must be treated as an equal by the employerthroughout the entire grievance process. A steward has the right to assistin, as well as to write, any grievance presented to the union. On the otherhand, the union is not obligated to process all complaints presented. As asteward, you have the right to determine if the grievance has merit. The"duty of fair representation" must be taken into account when determiningwhat does and does not constitute a meritorious grievance. If the union isarbitrary and capricious in determining which grievances do not have merit,the possibility of lawsuits and Labor Board charges exist. That is why youalways must investigate to determine whether a grievance should be filed.

RIGHT TO BE PAID FOR GRIEVANCE HANDLING TIME

The Postal Service must pay stewards and grievants, at the regular straighttime rate (Article 17, Section 4 of the National Agreement), for time spentduring the regular working day in grievance handling at Steps 1 and 2 of thegrievance procedure. This includes time actually spent in investigations,preparations and meetings with management.

RIGHT TO SOLICIT A GRIEVANCE

There is a widespread belief that a shop steward cannot "solicit" grievances.That belief is false. The NLRB has ruled that the "solicitation of grievances isa protected activity for stewards as well as other


employees." Stewards may encourage employees to file grievances, andthey may solicit both testimony and written statements concerning anypossible grievance or contract violation.

RIGHT TO BE PRESENT AT MEETINGS

There are some meetings that will take place in your installation which youshould attend. At some, you will protect the interests of the union or theinterests of the member(s); at others, you will gather informationimportant to the membership. Your right as a steward to be present atthese meetings is protected.

Interests of the Union: If a member wishes to present his or her owngrievance at a Step 1 meeting because they do not want to be representedby the union, that is proper (but not prudent). The union has the right tohave a steward present for the settlement of any grievance, however. Thisis because the union as a whole, as well as the grievant, has an interest inthe outcome of the grievance (because the union represents the entirecraft).

Interests of the Member : In 1975, the U.S. Supreme Court upheld a decisionof the National Labor Relations Board concluding that Section 8(a)(1) of theNational Labor Relations Act would be violated if the employer requires anemployee to submit to an investigatory interview, and denies the employee'srequest for union representation during the interview. This decision hascome to be known to reflect the employee's "Weingarten rights," whichreaffirm an employee's right to representation during any meeting orinterview when the employee reasonably expects the meeting could result indisciplinary action. More information on the Weingarten decision can befound earlier in this manual.

RIGHT TO INVESTIGATE GRIEVANCES

The National Agreement specifies that a steward may investigategrievances during work hours. This right is protected in Article 17. A goodstandard, once the request is received, allows a steward time to conduct


the interview within a two-hour period. The supervisor should get back tothe grievant within fifteen minutes in order to inform him or her of the timewhen the grievant will be allowed to see a shop steward. As long as there isa steward in the building, an employee should see the steward that day(provided the request was made within the first two hours of the employee'stour).

RIGHT TO INFORMATION FROM THE EMPLOYER

The steward has a right to have access to review and/or copy documents,files, or other records that the union feels are relevant or necessary to theinvestigation of a complaint (prior to determining whether a meritoriousgrievance exists) or the processing of a grievance. For example, if amember is disciplined for absenteeism, the union has the right to review andrequest copies of attendance records of the aggrieved employee and othersimilarly-situated employees.

ENFORCEMENT OF RIGHTS

If management denies or refuses any of the previously mentioned rights ofthe steward, there are several methods -of forcing compliance. First, itwould be proper to file a separate grievance on the denial. For example, if aninformation request is either denied or the information is supplied too lateto allow you to meet the grievance time limits, you should file a separategrievance citing a violation of the steward's right to information underArticle 17, Section 3B. Second, the denial of rights should be part of theoriginal grievance narrative. Third, the denial of rights is certainly a topicworthy of your next Labor- Management Committee Meeting. You can postmanagement's written response at the meeting on your union bulletin boardfor the members to see. As in all grievances, if you say it happened, thenyou should be able to prove it.

These methods for enforcement are intrinsic to the USPS. Most of therights indicated above also are enforced by the National Labor RelationsBoard, which administers and enforces the National Labor Relations Act. Bycontacting the NLRB office in your area, you can bring your employer to


task if there is a violation of your rights. This is done by contacting yournearest NLRB office and filing an unfair labor practice charge againstmanagement. Be aware however, that the NLRB will not enforce thecontract; that is, the NLRB will not substitute itself for the grievanceprocedure. It only will enforce the statutory rights guaranteed by theNLRA, including those that relate to the steward's job. The NLRB also ischarged with preventing employer discrimination against a steward.

DEALING WITH PERSONAL OR OFF-THE-JOB PROBLEMS

When stewards have performed their job in a professional manner for awhile, they will earn the respect of the mail handlers they represent. As aresult, and because the union represents mail handlers beforemanagement, many employees will bring their personal problems to thesteward. Members often hope that if the steward/union helps them withwork-related problems, they also can help with other types of difficulties.

Off-the-job problems include just about every kind of trouble that peoplemeet in life. Legal issues, family problems, health issues, worker'scompensation can all end up in your lap. A good steward would listen tothese problems and attempt to help for the following reasons:

1. Just as with trouble between fellow workers, an off-the-job problemcan distract a mail handler and adversely affect his or her work. Ifthe employee works in an unsafe manner, he or she may endangerother mail handlers. If the employee performs poorly at work, he orshe may be disciplined by management, resulting in a grievance.

2. In helping someone with personal problems, the union provides aservice to its members that goes beyond obtaining better wages,hours, and working conditions. This service may help to providethem with a more comfortable life generally.

3. In providing this service, the union strengthens its own organizationbecause the individual who is helped will consider the union a betterorganization, and is more likely to become a valuable and loyal unionmember.


Whenever a steward assists an employee with personal problems, however,the steward must be cautious not to exceed his or her own capabilities. If anindividual has a substance abuse problem, refer the employee to theEmployee Assistance Program (EAP), where there are counselors who aretrained to deal with such issues. Simply put, if we are not sure how to solveproblems, the union does a disservice for its members if we provide themwith the wrong advice. Know your limitations and don't exceed them.

COMPLAINTS AGAINST A FELLOW WORKER OR THE UNION

Against a Fellow Worker

A member says to his union representative, "That guy I work with on the beltis a no good so-and-so.... move him to another operation." These twoemployees constantly fight with each other, but neither wants to move to adifferent job to get away from the other. Obviously, the steward can't go tothe supervisor if both employees want to stay on that particular job. Thissituation does not directly involve the company. Why must the steward payattention to this complaint?

The trouble between these workers very possibly could mean that theyspend part of their working time arguing rather than working. They may notbe carrying their share of the work, which interferes with other workers andoperations. If they do their work poorly, management might see fit todiscipline them, and then the union has a full-blown grievance on its hands, agrievance that might have been avoided if the union had tried to solve thesituation beforehand.

Constant arguing can get employees so hot under the collar that theyperform their work in an unsafe manner, posing a harm to themselvesand/or the people who work around them. Also important from the union'spoint of view is that this kind of fighting, if it gets completely out of hand,can weaken the union. The friends of one employee may take sides againstthe friends of the other employee. Within the union, you then have twogroups opposed to each other, and working against each other, rather


than against management. They might argue at meetings for personalreasons, without thinking about what is best for the union.

Of course, none of these things may happen, but some unions have foundthemselves torn apart just because of such seemingly petty personaldisputes. They should not be ignored. What can the union do aboutcomplaints against fellow workers? No clear-cut answer can be given to thisquestion because much depends on the steward's ability to smooth thesituation.

The steward should listen to both sides of the story carefully. Just havingan outsider who is willing to listen to both sides can sometimes go a long waytoward lessening the tension. The steward should explain to both partiesthat their bickering not only affects them, but the entire union. The stewardshould point out the safety hazards of having people at work who aredistracted by argument. Finally, if the situation becomes intolerable. thesteward might ask an officer of the Local Union or a member of the LocalExecutive Board to speak to the members involved.

Care must be taken so that the union leader is not accused of siding withone member or the other in a personal dispute. In a personal feud, the unionshould try to remain neutral.

If neutrality has been maintained, the union then can become, in the minds ofthe members, the place where personal disputes are ironed out, or at leastkept under control. This strengthens the entire organization, because themembership will put greater trust in the union. The example discussed hereis only one problem that may arise with a fellow worker. But the ideasdiscussed here apply to many situations. The steward should listen tocomplaints and try to handle them, if possible, without calling them to theattention of the company.

Against the Union

Not a great deal has to be said about the members who seem to complainconstantly about the union. Some people will always be complainers, andsome have little sympathy for union activities. But, in most cases, memberswho complain about the union do so because they sincerely


disagree with the union, or they do not have enough information aboutwhat the union is trying to do.

The steward must listen to these complaints and provide information aboutunion policy and objectives. Quite often, the critic of the union is a memberwho is more interested in the union than the member who says nothing andaccepts whatever the organization wants. A member's complaint shows thathe or she is thinking about union affairs. The place for the critic is right inthe middle of the union meeting. Besides giving them information, thesteward should encourage the critic to speak up at membership meetings,rather than complain at work where nothing can be done about the problem.

Another way to get the union critic to contribute more to the union is bygiving him or her a position of responsibility. Make the employee whocomplains a member of a committee, giving him or her a better chance tounderstand the organization. In this way, you are obtaining the benefit of amember actively thinking about union problems.

Remember that good communication will go a long way to silencecomplaints.

Dealing With Management 1 of 3

DEALING WITH MANAGEMENT

How you deal with your supervisor when you are a steward is up to you. Yourrelationship with your supervisor will probably change, especially as you gainmore experience as a steward. In the beginning, stewards usually feel thatthey are swamped with grievances and the supervisor denies everything. Youprobably will wonder why you took the job of being a steward.

Management likes to play the union off against the employees. "if it weren'tfor the union . . .," is a common form of this tactic. Do not tolerate thisfrom supervisors or higher management. Bring it up to their superiors, andmake sure you set the record straight for the members by explaining whythe union holds a certain position.

Sometimes management will want you to agree with something it hasdecided and have you inform the employees. This is almost always somethingthat will be unpopular, because management loves to take credit foranything good. The steward should not be a patsy for management,however. Let management take responsibility for its own decisions. Oneexample is the holiday schedule. The union may review it to help avoiderrors, but any mistakes you might miss should remain management'sliability.

As time passes, it will get better. The supervisor will learn to trust you andbelieve you when you tell the supervisor that he or she is doing somethingthat is a violation of the contract. The supervisor will start asking youradvice before he does something that he isn't sure of. He may start tellingyou what is going to happen ahead of time. You will end up filing fewergrievances that might be considered "petty. of

There are some supervisors in the Postal Service that will never get alongwith a steward. Just having a steward around causes them to feelthreatened. The only way to deal with this kind of supervisor is not to letthem get away with anything. Anytime they do something that is grievable,file a grievance. Even though they may not like you as a steward, they willdislike grievances even more. Rather than lose your services as a mail


handler on the workroom floor while you prepare and file grievances-grievances that the supervisor has to take time answering -- it even ispossible that this kind of supervisor will become a better supervisor.

Step 1 meetings in the early stages of a steward's career are usuallyantagonistic, and often voices may be raised. The National Labor RelationsAct gives you some leeway here, but you should be careful to stay calm. Youcan frustrate a supervisor much more by staying calm and letting the wordson the actual grievance do the yelling for you. Remember that you, as thesteward who called the Step 1 meeting, should be in control of the meeting.You are on an equal level with the supervisor when acting as a steward.During the meeting, maintain that equality. If the supervisor sits, you sit. Ifthe supervisor stands, you also should stand. The supervisor may try to dothings to give you the impression that you are not equal, but you shouldmaintain control. Call the supervisor by his or her first name; if thesupervisor objects and expresses a preference for being addressed by his orher last name, you should be sure to request that you be addressed thesame way. If the meeting is continually interrupted by phone calls or peoplecoming into the office, tell the supervisor that this is a Step 1 meeting andis private. The supervisor should hold the calls and visits by others until theStep 1 meeting is over; if the interruptions cannot be stopped, request thatyou and the supervisor go to an office where the meeting can continuewithout interruptions.

If the supervisor tells you something that isn't general knowledge, don't blababout it, as the supervisor will be less willing to take you into his or herconfidence the next time if it is known that you cannot keep your mouthshut. It's tempting to let other employees know you have the "inside scoop"about things, but you will lose your credibility with your cohort inmanagement, and ultimately hurt the members you represent.

Some supervisors will try to feed you information "off the record." Try torefrain from letting them do this, as any information your get should beused. For example, a supervisor tells you "off the record" that he "gave thisguy a letter of warning because he thought the grievant was a troublemaker" or that he didn't bring a certain employee in for overtime because he"can't get any production out of him." It would be a shame not to be able touse this information to fight the grievance just because you got it


"off the record." Part of a grievance investigation is to find out why thesupervisor did what he did. Do not ever agree with a supervisor that thegrievant "deserved" the discipline he got; it will make it that much harder toget that supervisor to sustain the grievance.

Realize this about management: most supervisors have had little, if any,formal education regarding contractual matters. Consequently, the moreyou know about the contract, the firmer the ground you are on. Rememberthat in the land of the blind, the one-eyed man is king.

As a steward, you are about to enter into a different relationship withmanagement. You have the power to make life easy or hard for management.Some supervisors will start to flatter you, but you should not buy into thiskind of behavior. Remember, as long as you are a steward, you represent thebargaining unit employees. Don't accept favors from the supervisor (betterjobs, early outs ahead of others, etc.), because the employees will pick up onthis, sooner than you will realize what's going on yourself. Even stewardsthat never accept favors will be accused of getting better treatment fromthe supervisor. Some employees don't like it when they see a steward talkingto the supervisor too often, even though a steward needs to maintain goodcommunications with a supervisor. Sometimes this is brought on by jealousy;other times employees with a reason to be worried think you are talkingabout them. It often seems that when you are not actually working on agrievance for an employee, some employees actually seem to distruststewards.

Ultimately, you must deal with management in a firm, yet professionalmanner. Management will learn to appreciate your sense of dignity, and youare likely to become a better steward for the mail handlers you represent.

The Grievance Process 1 of 8

THE GRIEVANCE PROCESS

This chapter deals with the “How To Do, What To Do,” aspects ofgrievance handling, including analyzing problems and developingstrategies for settling complaints.

UNION REPRESENTATION IN HANDLING COMPLAINTS

Union leaders should ask themselves the question, “How can we wingreater support from the members we represent?” Part of the answermight be that the more successfully a steward solves the problems ofemployees, the greater the likelihood that those employees will supportthe steward and the union. Generally, stewards report that mostemployees’ problems are difficulties that can be solved with aconversation between the member and the supervisor or the steward andmanagement. It seems clear that stewards who try to deal with theseproblems win support. The steward who tells members to handle theirown problems loses support.

What are the benefits of a steward attempting to handle all of amember’s problems, whether serious or minor?

1. The members learn that the union provides a constant service.

2. Since, by definition, minor grievances are easier to win, they providemany opportunities for rapid and successful problem solving. The stewardtherefore maximizes the possibility of proving the union’s worth bydelivering real benefits to employees. The more serious grievancesfrequently take a longer time to negotiate, and usually are not settled atStep 1.

3. If the steward has served employees well on minor problems, he canreduce their annoyance with the union if the steward loses a majorgrievance.

4. The steward will gain more experience in the handling of grievancesand will know whether the minor grievance is really minor. Some problemsat first may seem small, but have major implications unknown to theinexperienced steward.


5. The steward lends his experience in fact gathering and negotiations toassure that minor grievances will be won.

6. When a steward frequently wins minor grievances, he gets membersaccustomed to bringing problems to the steward’s attention.Consequently, the members are more likely to bring major problems tothe steward’s attention. This tends to reduce the number of times that amember neglects to inform, or delays in informing, the steward when hehas a grievance.

7. With confidence in the ability of the steward to win grievances basedon resolving minor problems, the employees are more likely to back thefight to win major grievances.

These suggested benefits do not solve all problems related to mailhandler support for the union, but they help. Because the rewards arereal, stewards should attempt to handle minor problems even if theycannot take care of each and every one.

WHAT IS A GRIEVANCE

Simply stated, a grievance is any contract violation, past practiceviolation, or complaint related to wages, hours, or other terms andconditions of employment.

As a steward, you can file a grievance on behalf of the union. You don’tneed an employee to file a grievance. If management does something toan employee and the employee does not want to file, but you believe thatthe union cannot let management get away with its conduct, you may filea grievance even if the employee objects to it. The steward may file agrievance on any management action that is a violation of the contract, apostal regulation, a postal manual or handbook, or established pastpractice in the Postal Service.

TYPES OF GRIEVANCES

Under the contract, a steward may file various types of grievances,including individual grievances, group grievances, and policy grievances.There also are other ways of distinguishing between grievances, such as


between discipline cases and contractual cases. Each of these types ofgrievances is described below.

Individual grievances: An individual grievance involves one person andmay be based on any reason from unfair treatment to discharge.

Group grievances: Any grievance involving more that one employeecan become a “group” grievance, and often is called a “class-action”grievance.Typically, such a grievance involves issues that directly affect two ormore, or even a very large number of, mail handlers, such as cross-craftassignments, holiday scheduling, posting, reassignments, etc.

Policy grievances: A policy grievance is filed by the union and typicallyinvolves all members of a bargaining unit. This type of grievance mayseek an interpretation of contract language, may seek clarification wherethe agreement is silent, or may charge a violation of an established pastpractice. Many policy grievances do not involve the steward because theyoften are filed at a higher step of the grievance procedure.

Discipline grievances: Grievances which involve discipline to one ormore employees are considered “discipline” type grievances. If thediscipline involves more than one employee, it is considered a class typegrievance. Normally when the discipline involves more than one employee,each employee files an individual grievance.

The union has the advantage in a discipline grievance because the“burden of proof’ is on management. The Postal Service has to prove thatthe action they took was correct and that the employee did what he orshe was accused of doing.

Contractual grievances: Again, like discipline cases, contractualgrievances may be either individual of class grievances. These grievancesinvolve issues like jobs, new procedures implemented by management,the use of casuals, overtime, etc. These grievances are more difficult forthe union to win because the burden of proof is on the union. We have toprove that management violated the contract.


There are many differences in the handling of grievances filed forindividual employees and those filed by the union itself as a groupgrievance or class action. The basic principles of good investigation,complete development, and professional behavior apply to both. In eithercase, you should exercise great care to ensure that the time limits aremet and that every statement we include in the grievance is supported byevidence. You also should make sure every excuse or defense offered bymanagement at very step of the grievance procedure is rebutted orproven false by additional evidence. The differences between these twotypes of grievances involve the way they arise and the amount ofdiscretion you can exercise as a steward in your attempts to resolve thematter.

INDIVIDUAL GRIEVANCES

The grievance of an individual employee usually begins with theemployee’s complaint to the steward about some management action orinaction. The employee has every right to list the corrective action thathe or she seeks, and to be present at the Step 1 meeting that is heldwith regard to his or her grievance. If the remedy the employee seeks isnot contractually sound, explain why and give advice. You should neversettle a member’s grievance at Step 1 without the employee’s expressagreement! If the member is being unreasonable about a settlement offerand refuses to accept your advice, you must accent the Step I denial andappeal to Step 2. The grievance then becomes the property of the unionand you have every right to reach a settlement (without the member’spermission), as long as your actions are reasonable and notdiscriminatory.Of course, you should make every effort to obtain the employee’sconsent to settle by explaining the weak parts of his or her case and whatis likely to occur in the subsequent grievance steps.In cases involving discipline, always give the benefit of the doubt to themail handler, not management. The burden of proof that the employeecommitted the act and the level of discipline issued was justified is onmanagement. If you hear of an incident that may result in someone beingdisciplined, begin your investigation immediately. You know that mailhandlers should grieve almost every instance of discipline anyway, so youmight as well get the facts and get them early. Many times, yourinvolvement before the discipline is even issued can sway management in

Class action versus individual grievances:


the severity they impose or convince them that management simply doesnot have a case. In any event, discipline should m be grieved when theemployee requests it. There is NO legitimate reason why a steward wouldnot do an investigation and file a grievance.

On proposed removals and emergency suspensions, you should file thegrievance immediately. Another grievance should be filed later whenmanagement takes subsequent action. The grievances can later becombined prior to appealing to Step 3. If the employee chooses to appealto the Merit System Protection Board (MSPB), we should continue toprocess his or her grievance through Step 3 unless the employeerequests otherwise. Never tell an employee that his or her case will bearbitrated by the union. At each step of the grievance procedure, newfacts and/or responses may make your initial assessment of the meritsjust plain wrong. The decision to arbitrate is made by the Local Presidentand/or other union officials at the Local level, and is usually based on themerits of the grievance, the case file, management’s Step 3 decision, andarbitration decisions from previously arbitrated cases similar in nature.

CLASS ACTIONS

A class action grievance is filed by the union on behalf of a particulargroup or class of mail handlers. In this grievance the union argues thatmanagement (either by action or inaction) has violated some part of thecontract, and as a result a group of mail handlers have suffered in somemanner. The class could be almost any group of mail handlers, such as allmail handlers in a pay location, section, tour, the entire Overtime DesiredList on a tour or in the installation, or even every mail handler in theentire Postal Service. The union initiates all class action grievances. Thesteward observes (or hears about) some violation of laws, rules, orpractices and begins his or her investigation. The steward also mayreceive instructions from the Administrative Vice President or LocalPresident to pursue a certain type of grievance on behalf of the union.When requesting the corrective action, write it so as to include ailemployees of the class for whom you initially filed.

Although stewards enjoy slightly more discretion in the handling and/orfiling of violations that they observe, you should not ignore contractviolations. You are being tested by management every day to see howmuch they can get away with. Mail handlers are watching every day to


see how “the union” (i.e., the steward) is protecting their rights. If youbecome aware of violations and do not file a grievance, you should beprepared to justify your inaction to someone who may raise a question.When settling a class action grievance, your primary concern is to correctthe violation which caused the class to be aggrieved. Naturally, if payingmembers of the class is possible (or getting them some other benefit),you should do it. It is important to remember, however, that this may nothave been the primary reason that the grievance was filed. Nonetheless,you must pay attention to the possibility that all mail handlers in the classaction grievance might be made whole if they actually did suffer a loss.

With regard to filing class action or contractual grievances, it is importantto remember some basic guidelines. Being “too busy,” not wanting to“make waves,” or protecting some personal relationship with thesupervisor are clear reasons for your removal as a steward. The unionneeds and the membership deserves a steward who is willing to stand upto management and fight for what is right all the time. The Postal Servicehas agreed in our National Agreement to pay you for your normal work asa steward. It should be the very rare occasion when you allow a shortageof manpower or heavy workload to keep you from processing grievances.“Making waves” may be how management sees your action, but policingthe contract is the basis of the union steward’s duty. We stand up tomanagement to protect the employees from management actions thatinfringe on our rights. You should be prepared to defend your union andfellow workers each and every day at work.

Because class actions invariably include allegations of contract violations,the burden of proof is almost always on the union. It is especiallyimportant in these cases, therefore, that you document your case everystep of the way through the grievance procedure. And remember, justbecause management does not currently dispute your version of events,do not think they will not change their position at some later point.Unfortunately for us, if we did not include evidence of management’sconcession in the beginning of the grievance process, some arbitratorswill not let us introduce it at a subsequent hearing.

WHO DECIDES IF A GRIEVANCE SHOULD BE FILED?

You, as the steward, are the one who makes the decision as to whetheror not there is a grievance. The supervisor has no say as to whether or


not there is a grievance. When an employee requests to see a stewardabout a possible grievance, the supervisor must let the employee see hisor her steward within a reasonable amount of time. Anytime a supervisordoes not let an employee see a steward within a reasonable time, thesteward must file a grievance against the supervisor.

All decisions about whether a grievance does or does not exist should bebased solely on results of your investigation. If you tell a mail handler thattheir complaint does not warrant filing a grievance, have a good reason.Rather than telling someone you feel that there is no violation, you shouldbe prepared to explain that your investigation revealed that no violationoccurred. Remember your duty of fair representation. Failing toinvestigate is unfair to those we are representing and may be a violationof the duty of fair representation.

If a mail handler has a complaint, INVESTIGATE!

HOW TO DECIDE IF YOU HAVE A GRIEVANCE

1. At the first step, give the mail handler the benefit of the doubt.Listen to his or her story, and do not make snap judgments.Remember that your job is to champion the mail handler’s cause, sokeep an open mind.

2. Base your decision on the facts. You can only decide whether ornot a problem is a grievance after investigating and weighing theevidence. If, after talking to the mail handler, you are not absolutelysure, tell the employee you are not sure. Then look for additionalfacts.

3. Go the extra mile. Just how much investigation is “enough” will varyfrom case to case. As a general rule, investigate enough to makean informed, intelligent decision. If it turns out that the problem isgrievable, you will need all of the facts anyway. If it is not agrievance, you will need this information to tell the mail handler whyit is not.

4. Analyze your information. Take the time to evaluate the problemcarefully. Think it through completely, considering the merits basedon the evidence you have.


5. If you still don’t know for sure, get advice. No single person has allthe answers, so ask other union officials for help when you mayneed it.

6. REMEMBER THE TIME LIMIT! You cannot delay your decisionindefinitely. You have fourteen (14) days after the occurrence thatleads to the grievable situation to decide whether the problem is agrievance, and if it is, to file a grievance Step 1.

IF IT ISN’T A GRIEVANCE

Talk it over with the mail handler!

Although you should favor the mail handler in a borderline case, you donot want to take up grievances that clearly have no merit. The mailhandler’s hopes may be raised needlessly, and then dashed when thegrievance is denied. Then you may feel pressured to appeal the case tothe next step, and to compound the mistake.

If a problem clearly is not a meritorious grievance, tell the mail handler theplain truth of the matter. Naturally he or she will be disappointed, so bediplomatic and cite the facts that support your conclusion. Don’t justbrush-off the mail handier -- give a full explanation.

Sometimes the mail handler may not be convinced by your logic. Whenthis happens, you have a number of options. You may decide to take thecase at least to Step I of the procedure, or if you prefer, recommend thatthe mail handler seek additional advice from other union officials. Theemployee also can take up the grievance personally. Be sure to attendthe settlement portion of the Step 1 meeting, however, if an employeedoes process his or her own grievance.

IF IT IS A GRIEVANCE

If it looks like the mail handler’s complaint is a valid grievance, don’tpromise the moon. Simply say that you will do your best to resolve it. Butpromises like “we’re sure to win this one” are a giant mistake. If thegrievance is denied, the mail handler will be in for a let down. Yourreputation and the union will suffer.

Developing The Grievance 1 of 8

DEVELOPING THE GRIEVANCE

OBTAINING PERMISSION FOR UNION TIME/SEEING A STEWARD

Obtaining a release from your work area to see an employee who may have agrievance or the employee who wishes to see a steward is usually anaccepted procedure in your facility. Depending on the urgency of the issue,size of the work force, and workload at the time, there may be a delay.Usually this delay is no longer than two hours after notifying the supervisor.Generally, if an employee asks to see a steward during the first half of thetour, he or she should be able to see a steward during the second half of thetour. If the employee asks during the second half of a tour, he or she shouldbe able to meet with the steward during the first part of the next tour. Thesupervisor may ask the nature of the complaint, but we are only obligatedto state "an alleged violation of the contract" or "an alleged violation ofovertime rotation." You should not enter into a long discussion with thesupervisor over the dispute or whether there is or is not a grievance. It isimportant to remember that an employee's complaint is just that, acomplaint. It becomes a grievance only after investigation of the facts. Untilthe investigation is completed, you really cannot know if a valid grievanceexists.

INTERVIEWING THE GRIEVANT

One of the most difficult jobs for the steward is conducting the initialinterview with the grievant. The employee may be upset and assume thatthe steward knows all or part of the story. Thus, the grievant may fail todescribe the entire picture. An employee with a grievance involvingdisciplinary action may have had a previous infraction and may hold backinformation or slant the facts in his or her favor.

When you meet with the grievant, have all of your materials with you so youcan do some quick research to find out if there was a violation of thecontract. Interview the grievant away from the work area and in private.Print all of your notes as the employee speaks, and have the employee fillout the personal information of the grievance worksheet. Use your


listening skills to show the mail handier that you care, and to develop theimportant points. Don't trust your memory to remember facts -write themdown. The best approach for the steward is to ask the grievant to describethe problem, listen carefully, and take notes. After the grievant finishes thestory, the steward should ask questions for clarification. When askingquestions use the five (5) W's:

WHO ... was involvedWHEN ... did it happenWHERE ... did it happenWHAT... happenedWHY ... is it a grievance

andHOW ... can it be settled

If there were witnesses to the incident, their names should be obtained. Youwill likely want to interview all witnesses.

The steward then should summarize the grievance and go over it with themail handier, making any necessary corrections or modifications.

Based on your understanding of the complaint, you should then discuss anappropriate corrective action with the employee, fill out that portion, andthen have the employee sign the form. Explain how you intend to investigatethe complaint and tell the employee that you will arrange another meetingwhen you have obtained the facts and made a decision on his or hercomplaint (not grievance).

If you think you will need to use a "document request" to get moreinformation, have the employee sign one now so that you will not have tochase him or her down later. Make sure that you explain to the employee thatby signing the document request form, he or she is giving you permission toobtain any and all documents or information of relevance to his or hercomplaint.

Don't promise the employee that the case is a sure win. Nothing is a surething, especially at the interview stage of a grievance. Most of the time,after investigating, you will find out that there is a "slight" difference


between what the employee told you and what actually happened. Someemployees will actually alter the truth. Can you believe that?

DOCUMENT/ INFORMATION REQUESTS

Stewards must examine all documents that relate to a case. This includesdocuments such as letters, memos, time sheets, work sheets, and reportsthat may shed light on some aspect of the case. If the documents are notreadily available, the steward should request them in accordance withArticles 17.3(b) and 31.3.

When you need information from management, ask for it on a documentrequest. Try to put everything you need on the request initially. If yourequest information at a later date, you might not be able to get it in timefor the Step 1 grievance. Always make a copy of the dated request andhave the supervisor sign your copy of the request. If the information is notprovided in time, at least you will have proof in the grievance file that yourequested it. If you think of something else you need later, or if new factsdevelop at any stage of the grievance procedure, simply submit anotherinformation request.

The only restrictions on accessing postal information are that you may berequired to explain its relevancy, charged reasonable fees, and obtain arelease from the employee for medical records. Remember that you shouldbe able to review or see everything the supervisor used in making thedecision that caused the grievance. Try to be specific when makingdocument requests. After requesting specific items, it is a good idea to add"and all other documents management relied on in reaching the decisiongiving rise to the action taken." In this way, if a document or other piece ofinformation comes up later that management uses as justification for theaction, and you didn't get it from management in response to your initialrequest, you will have a good procedural issue to argue because you were didnot have that information available to you when preparing the grievance.

If management comes up with information that wasn't available to thesupervisor until after he made whatever decision he made, that is another


procedural violation. For example, if the supervisor has a statement from anemployee dated after a discipline action, that statement wasn't available tothe supervisor at the time of the discipline, so how could the supervisor saythat the discipline was justified on the basis of the statement.

If you don't get all the documents you need by the Step 1 or the Step 2appeal, make an issue of it in the grievance. Ask the supervisor why he orshe cannot make the information available when you are investigating thegrievance.

If you ask for a lot of information -- for example, in contractual issues ordiscipline cases where you ask for all the 3972's on all employees at yourlocation -- word the document request to say that you want to review all ofthe 3972's. This way the Postal Service will not be able to charge you withcopying fees or for the time the office clerk or even a supervisor used togather the information. What usually will happen is they will make copies foryou anyway because they don't want you going through their files. If they tryto charge you for the information, you can produce the document requestshowing them that you asked to review the information, not for copies.

If the request contains items from different areas, it is thesupervisor's responsibility to forward copies of the request to thenecessary postal officials and to obtain the information for you.

OBTAINING STATEMENTS

When you get statements from other employees, try to get them to writethem out and sign them, rather than writing out the statement yourself andjust having it signed by the other employee. It carries a lot more weight whenanother employee writes it out. Don't get statements "petition style," with astatement at the top and a lot of signatures underneath. This doesn't carrymuch weight with arbitrators or regional representatives.

If statements will help your grievant's case, get them. Don't assume thatyour case is strong enough already. Anything you can add to a grievance willmake it stronger and more likely that you can win it at earlier steps in


the grievance process.

INVESTIGATING GRIEVANCES

You must investigate all complaints! If you don't do a proper investigation,the grievant can go to the NLRB and charge the union with a violation of itsduty of fair representation.

A mail handier steward has absolutely no excuse for not making a proper andthorough investigation. Our National Agreement is one of the few in thenation that actually pays the union to investigate so that the steward canfile grievances against the employer. That is why there is no excuse for notconducting a proper investigation.

After your initial interview with the grievant, get time from your supervisorto investigate the complaint. If your supervisor refuses to give you enoughtime to complete a proper investigation, immediately file a separategrievance on that issue and make it a primary issue in the grievance you areinvestigating.

Don't wait until the last couple of days before investigating the grievance.You may think you have a lot of time, but something else may come up thatneeds your immediate attention, and that unexpected project could take upmost your time. Investigate as soon as possible. Events will still be fresh inwitnesses minds. The sooner you complete the investigation, the more timeyou will have to digest and analyze the information. Once the investigation iscomplete and you feel you have all the information you need, write up theStep 1 and prepare to present it at Step 1. Don't wait until the last, or 14th,day.

Never feel guilty about spending too much time away from your workbecause you are doing an investigation. You are the steward, and it's yourresponsibility to do the best job you can when you handle a grievance. Thegrievant is depending on you.

Never take the grievant's word on what happened! If the grievance involvesdiscipline, get a copy of the grievant's disciplinary record. You


may be surprised to find out that the employee was given discipline on thesame alleged infraction less than a year ago, yet he or she never mentionedit to you during the interview.If you think the grievant's discipline for the alleged infraction was too harsh,find out if any other employees were charged with the same thing, and findout what discipline they received.

SOURCES OF INFORMATION

1. The aggrieved employee;2. Supervisors;3. Co-workers;4. Other witnesses;5. Fellow union stewards and officers;6. Handbooks and manuals;7. Management documents;8. National Agreement and Local Memorandum of Understanding;9. Past grievance and arbitration files.

Contracts and ELM: Even if you can't find management's violation in theNational Agreement or in the Local Memorandum of Understanding (LMOU),check the Employee and Labor Relations Manual (ELM). Many contractualprovisions and work rules are part of their own manuals and handbooks andare good additional references.

Interview witnesses: If the witness statements support the grievant's case,try to get a signed, dated statement. Do this as soon as possible becauseevents will still be fresh in each witness' mind.

Interview the supervisor: If the supervisor was involved, interview him orher. Don't wait until you have the Step 1. meeting to do this. Don't let thesupervisor tell you anything "off the record" during this investigatoryinterview. The purpose of the interview is to discover information that youcan use in the grievance. There is a good possibility that you will find out,through other sources, what the supervisor told you off the record, and ifyou use it he will accuse you of betraying his trust.


Union officials: You may believe what management did was wrong, but youcan't find any supporting evidence in the contracts or postal manuals. Askother stewards or your AVP or Chief Steward.

Arbitration cases: Check the union's arbitration case file. See if there wereany arbitration cases that were similar to the case you are working on. Ifyour location doesn't have that case, call the union office and they will sendor fax it to you. You also can use the new MAILS System to do research onthe computer, if you have access to the necessary equipment. There is alot of good information and arguments that you can use from priorarbitration cases.

Document Requests: Submit document requests for information such as,but not limited to:

1. Grievant's disciplinary records;2. [missing pages 39 and 40]

Did the decision to discipline come from the grievant's supervisor or fromsomeone else.

Did management violate any applicable and relevant provision of:

the National Agreement an addendum to theAgreement a supplementary letter ofunderstanding a policy an administrativedirective a past practice an applicable andrelevant arbitration award an applicable law

ON-SITE VISITS: ACCESS TO WORKPLACE

The steward is entitled to obtain access to the workplace to the degreenecessary to investigate and process grievances. Article 17.3(a) of the


National Agreement requires that the steward first obtain "permission" toleave his or her assignment. Moreover, if the steward leaves the assignmentto enter another work area, the steward also must receive permission fromthe supervisor in that area.

The term "permission" means that management may determine when thesteward may leave his or her assignment, not if the steward can leave theassignment. For example, a steward assigned to loading or unloading a truckat the BMC, or a steward assigned to operate a Mark 11, must wait untilreplaced by a relief employee. Management cannot unreasonably deny thesteward's request, and management cannot prevent the steward fromprocessing grievances by refusing to make a relief employee available.

Stewards should visit the site of the dispute. Often such a visit will suggestapproaches not otherwise apparent. Poor general lighting in the area maymake clear identification by a witness doubtful. The level of noise mightmake it impossible for a witness to testify to what was heard. The physicallayout may rule out a particular explanation. Items such as physical barriersor distance can be crucial, and examination of machinery may be an absolutenecessity in certain instances. Witnesses who know the physical layout andtechnical aspects of an operation should be prepared to testify about thedetails of the work performed at the site.

Past Practice 1 of 5

PAST PRACTICE

The most basic labor agreement can provide a seemingly never-endingsource of disagreement over its interpretation. In part, this results fromthe complexities of the employer/employee relationship which the contractseeks to govern. In addition, the task of interpretation is often complicatedby the intentional use of ambiguous language where the negotiators, for avariety of reasons, consider more precise language to becounter-productive.

It is a cardinal rule of arbitration that a party cannot gain in arbitration whatthey were unable to gain in negotiations. For this reason, where the clearand unambiguous language of an argument is found wanting, the arbitratoralso will look to the past practices of the parties themselves as the bestevidence in determining of the matter in dispute.

THE NATURE OF A PAST PRACTICE

One definition of a past practice is a "practice that is a reasonable uniformresponse to a recurring situation over a substantial period of time whichhas been recognized by the parties implicitly or explicitly as the properresponse." Even though it may ultimately be proven that a particularpractice has been consistently followed by the parties, it should beemphasized that not every practice or way of doing things amounts to abinding past practice. A custom or past practice is not something whicharises because a given course of conduct has been pursued by the union ormanagement on one or more occasions. Rather, it evolves between theparties as a "normal" reaction to a recurring situation. It must be shown tobe the accepted course of conduct characteristically repeated in responseto a given set of underlying circumstances.

The arbitrator is obligated to determine whether the alleged practice ismerely one of the course of action followed from time to time by theparties in response to a certain set of circumstances, or whether it is theexclusive and unanimous response. Mutual acceptance or agreement, eventhough it may be implied, is the foundation for that uniform response.


What standards can be used to determine whether or not a past practiceexists? There are no universally accepted standards for this purpose. A pastpractice is usually the product of a particular history and tradition, or aparticular group of employees and employers, and a particular set ofcircumstances which created it in the first place. Arbitrators frequentlyconsider factors like the following, and may ascribe varying degrees ofimportance to each or any combination of these factors:

1 . The express terms of the written contract2. The prior negotiations of the parties3. The degree of the mutual "acceptance" of the practice4. The duration for which the practice has been followed5. Other facts that might be relevant

Arbitrators have come to rely on certain characteristics which, whenapplicable, would be given great weight in making a determination of pastpractice. These characteristics are:

1. Clarity and consistency2. Longevity and repetition3. Acceptability4. Mutuality

How does one measure "longevity and repetition," or how long must aparticular custom or practice be followed by the parties before it hasbecome a condition of employment? A past practice arises from differentsituations which may occur with varying degrees of certainty throughout theemployment relationship. For example, a past practice involving wash-up timearises from a particular situation occurring every day. On the other hand,past practices involving funeral leave, Christmas bonuses, or severance paymay result from situations arising with far less frequency. Clearly no oneformula or standard can be imagined that would establish the "duration"requirement of each of these examples.

Because the continued binding effect of a past practice can be based on"acceptability," the question of whether the practice was established by bothparties, or established by one of the parties and not contested by the


other, is a factor often given importance by an arbitrator. It would seemthat the parties might agree that a particular practice is mutually bindingregardless of how it was initiated. For example, a group of employees maybegin taking a coffee break in violation of an explicit company rule whichprohibits such breaks. Or, it may originate upon the suggestion of theemployer alone or the employer and the union jointly. The fact remains, ifthe coffee break is taken over a long period of time and is eventuallyaccepted by both parties as the customary and normal way of doing things,it will be binding an the employer, regardless of how it was initiated. Theorigin of a practice (whether it was initiated by one or both of the parties)should be one of the relevant facts to consider in determining whether thenecessary "mutual agreement" is present.An express agreement is not necessary to create a binding past practice.Once it can be shown the parties had knowledge of the particular course ofconduct, agreement may be implied when there is a continued failure on thepart of one party to object to the other party's activity.

FUNCTION OF A PAST PRACTICE

When contract language is ambiguous: The most common function of a pastpractice is to clarify ambiguous contract language. Arbitrators willdetermine what the parties meant when they caused such language to beincorporated into the agreement by observing how the parties haveconducted themselves under that language.

When contr act language is general: Arbitrators will use past practice toimplement general contract language. There are subjects included incontracts that just cannot be made specific. The parties may be satisfiedto express their general standard of agreement, knowing that the provisionis too general to answer every practical problem that may arise. Many timesthe parties are content to permit the general clause to receive its realmeaning in the grievance or arbitration procedure. The parties mayreinterpret the language in light of grievance decisions or arbitrationawards. All of these factors in some way influence the formation of abinding past practice. The role of past practice in giving specific meaning togeneral contract language considerable.


When the contract is silent: Even where the collective bargainingagreement may be silent on a particular matter, past practice has beenheld to constitute a separate, binding obligation. Obviously, because theissue arises over matters that are not covered in the agreement, thecentral question is whether duties and obligations for which the partieshave not specifically bargained can be imposed on the parties.

THE BURDEN OF PROOF

There is no question that the burden of proving the existence and mutualacceptance of a past practice is upon the party alleging it. If custom or pastpractice is invoked to resolve a contract ambiguity and the arbitrator is notpersuaded of the correctness of interpretation sought either party, themoving party may be held to have failed to meet its burden. In many cases,the alleged practice will be seen by the union as an "important condition ofwork"; on the other hand, the employer may feel it simply is an "inherentright of management" which the employer is free to terminate at will. Theburden of proving the existence and application of a past practice is no smallor easy task.

TERMINATION OF A PAST PRACTICE

Once the practice has been mutually accepted by the parties as a bindingcondition of employment, it becomes, in effect, an integral part of the laborcontract. As such, it cannot be changed or terminated without the mutualconsent of both parties. An important point to consider is the effect ofchanging circumstances on the viability of a binding past practice during theterm of the collective bargaining agreement. The practice must continue tobe a response to the same underlying conditions. When there is a change inthose conditions, the practice may be changed. But those changes must beaccomplished through negotiations rather than through unilateral actions.

A valid past practice can be as much a part of the labor agreement as anywritten provision. Useful in defining the intent of ambiguous language, it


gives focus to general provisions and also may establish independentconditions or benefits of employment. Where it is clearly established overa lengthy period of time, it may be considered to amend the apparentlanguage of the contract.

Proving Your Case 1 of 3

PROVING YOUR CASE

The phrase "burden of proof' is always heard in reference to grievances. Weknow that in discipline cases the burden of proof is on management. Theymust prove there was "just cause" for taking the disciplinary action.Contractual cases, on the other hand, lay the burden on the union. There is amethod by which you can meet your burden and prove your case. After yourinvestigation, which revealed that you did have a meritorious grievance, youtake all of the information you gathered, put it in order, and write yourgrievance narrative. In the narrative, you will make an argument. Theargument, when reduced to its bare bones, is simple. You will be saying that,whatever action management did or did not take or whatever situationoccurred on the work room floor, it was improper. It was a violation of theNational Agreement, a postal manual, your LMOU, a law, policy or otherapplicable rule or regulation. The evidence you have gathered in yourinvestigation is on point (i.e., germane to the issue or argument) and itproves your view of the case is the correct one, therefore demanding adecision in the union's favor. Easily said, but is it so easy in the real world?

The answer, of course, is yes and no. If you did a proper investigation(thorough and timely), then you will be in possession of all of the pertinentfacts and circumstances of your case. If you don't back up every claim withdocumentation, however, then you are only making unproven assertions andallegations. If you don't cite the rule or contract provision that is germaneto the issue presented, then you cannot prove that your claim is correct. Ifyour grievance is incomplete or incorrect, then your grievance will be denied.But If you did the right things in the correct manner, then your grievancemay be sustained. But how does one ensure a favorable decision?Unfortunately, there are no guarantees, but we can minimize the risk oflosing. One way is to prove your argument. Let's take a simple contractualgrievance and see how to do it.

Example: You are a tour three steward on the loading dock. You are in onMonday (your first day back after the weekend), and one of the mailhandlers on the dock tells you that he heard that someone who was not onthe Overtime Desired List worked overtime on Saturday. The employee


tells you that he is on the OTDL, and he would have worked if given thechance. After receiving the complaint from the mail handler, you conduct athorough investigation and discover the employee was correct in what hetold you. With the response from management to your information request,you should have all the documentation you need to prove the contentions youwill make. We said that you would make an argument. We are referring tothe legal meaning of the word "argument" -_ several statements of factwhich lead one to a conclusion. The argument and its conclusion can only bevalid if the statements are true. This is why it is important to have evidenceshowing your claim(s) are true.

In the sample case, your grievant narrative, although long, actually reducesto several simple statements. These statements are your argument:

A. Mail handler X, not on the OTDL, worked overtime on Saturday.B. Mail handler Y, on the OTDL and next in line in the LMOU's

structured rotation, was available and did not work overtimeSaturday.

C. Therefore, management violated the rights of mail handler Yand the proper remedy is to pay him for the time worked bymail handler X.

Remember, merely saying this either orally at Step 1 or in writing at Step 2does not make it so. You must prove it! Without proof, the statements arejust allegations or assumptions. Arbitrators give very little weight tounsupported assertions. In order to prove the case, your grievancenarrative will discuss each of your statements in detail, while referring tothe documentation or evidence you have submitted to substantiate eachassertion as fact.

It is important to note that you must make the right argument for eachgrievance. The way to do that is to make sure you apply the correct articlesof the contract to each situation arising from the workroom floor. Youmust know exactly what it is that you or the grievant want to accomplishwith the grievance. Whatever you want to accomplish becomes the point ofthe argument. If could be overtime by-pass, reversing a light duty denial,correcting a casual violation, or any other remedy. The statements in theargument must be written in such a


manner that they lead from the action or inaction of management to theconclusion, which is the desired result. While the facts of each grievancethat you file will always be different, the method of proving the argumentyou make is the same.

In disciplinary cases, the burden of proof is on management. This does notmean you do not have anything to prove, just that your argument is almostalways the same. "Management did not have just cause to take thedisciplinary action." Your evidence should show that management did notmeet their burden of proof. As in the contractual grievances, you shouldreduce your argument to a few simple statements. They should show thatmanagement had no just cause, and each assertion that you make must beproven true with evidence.

Grievance Preparation 1 of 4

GRIEVANCE PREPARATION

Even though the Step 1 grievance presentation is oral, you are stronglyadvised to write up the Step 1 grievance. This writing becomes a Ifpresentation guide" when you have the Step 1 meeting, and is also a recordthat you can refer back to if needed. Sometimes the RegionalRepresentative at Step 3 will want a copy of the Step 1 worksheet.

Normally, if you do a proper investigation, you will have most of the facts atthat time and the grievance will change very little between Step 1 and, ifneeded, the Step 2 appeal.

The grievance should be written up and presented as follows:

WHAT HAPPENED

Always start with a narrative of what happened. Make sure you include thewho, what, where, when, and why.

VIOLATIONS/ARGUMENTS

Each reason why management committed a violation of the contract, postalregulations, or other provisions is called an argument. Present yourstrongest argument first, followed by your weaker ones. Your last argumentgenerally should be your "procedural" arguments. A grievance is rarely wonat the first three steps of the grievance procedure because of Ifprocedural" violations, but in combination with your other arguments makesfor a stronger case later in the procedure.

Separate the arguments by numbering them or double spacing; do not jumblethem all up in one paragraph or bounce back and forth. It makes thegrievance a lot easier to read and comprehend.

All evidence such as witnesses, statements, printouts, arbitration awards,etc., should be cited with each argument as they apply to it. Any time you


refer to a witness statement, document, article of the contract or sectionof the ELM, you should make reference to it as a numbered exhibit.

REMEDY

The remedy sought should be germane to the grievance and only in theamount necessary to make the grievant, or grievants, whole. Wheneverpayment is involved, you must add the phrase "make the grievant whole," toensure that the payment you are asking for includes such things as nightdifferential, Sunday pay, overtime, etc.

EXHIBITS

All documents should be numbered in the order that they are referred to inthe narrative and attached to the grievance. With articles of the NationalAgreement, provisions in the Local Memorandum of Understanding, orsections of the ELM, make a copy of the entire article or section andhighlight the part that supports your argument.

DO NOT EDITORIALIZE OR PUT IN YOUR PERSONAL FEELINGS:STICK TO THE FACTS

In your grievance narrative, personally attacking the supervisor ormanagement as "stupid, evil or lazy" is worse than irrelevant; it may costyou an otherwise winnable case.

Even if all of these accusations were true, they have no bearing on whetheror not there was a contractual violation. Higher management may havegranted your grievance on the facts, but by making comments such asthese, you are asking them to agree with your personal judgments as well.Stick to the relevant facts and save your opinions for the next employeesurvey or next union meeting.


WHY SO COMPLETE?

Article 15, Section 2, Step 2(d) of the National Agreement states, "At themeeting the union shall make a full and detailed statement of the factsrelied upon, contractual provisions involved, and remedy sought." Thislanguage is used by management in the grievance and arbitration procedureto prevent the union from entering any new arguments. If you don't put it inthe file prior to the Step 3 appeal, you can forget it. This is called the "fulldisclosure rule" in arbitration. The theory behind it is if the union hadpresented its full case at the earlier steps, management could haveresponded to the claims, taken corrective action at the time, and/or usedthe information to settle. Because the burden is on the union in contractualgrievances, management only needs to respond to what we present. Comingup with new evidence, additional arguments, a better story, or a newviolation to cite is not allowed beyond the local level. That is why every Step3 denial issued by management begins with the words, "based on theinformation presented and contained in the grievance file, the grievance isdenied."

Unless you want to see that phrase repeated often in your cases, youshould investigate every aspect of your case, include evidence of everythingyou claim in your narrative, and cite all relevant contractual provisions. Besure that you have, and present, all the facts. Interview everyone involved(including the supervisor) before Step 1. Simply stating what you "know" tobe true does not make it so. Include the evidence, interview notes and/orwitness statements for everything you discovered that made you determinethat a violation occurred. At each step of the grievance procedure, be sureto respond to management's reasons for denying the grievance and any newfacts that management may put forth. If management is wrong, prove it. Ifmanagement is right, show how it still doesn't harm your case. Ifmanagement's arguments are irrelevant, demonstrate why. If managementhas ignored important arguments in your case, restate those points in theappeal as unrebutted.

Once you do a complete investigation, writing the grievance will be easy. Allyou have to do is apply the facts you have discovered to the contractualprovisions to show how each was violated. You do not have to be an attorneyto be a steward. If you apply common sense and a little bit of


logic, your cases will be fine.

Once you have done a few grievances, the process will become almostroutine. You will quickly learn how and where to get the information youneed. You will quickly learn the arguments to use and the kinds ofexcuses that management will probably give. Management will come torespect your thoroughness, and will give your grievances much moreconsideration.

Deciding Whether To Settle 1 of 1

DECIDING WHETHER TO SETTLE A CASE

Any decision on whether to settle a case (in whole or in part) or to appeal tothe next step in the grievance-arbitration procedure requires a judgmentabout the facts in the case file. It should never be a personal judgmentconcerning the mail handier involved or a purely political decision to If passthe buck." As a union representative under Article 15, you have aresponsibility to negotiate in good faith with management. Some factorsthat should guide you in this decision are: how solid is the case; which partyhas the burden of proof (generally, the union in contract cases andmanagement in discipline cases); what is the Local and/or Regional practiceand/or history in these types of cases; what effect would a denial at thehigher levels have on the grievant and/or the union; and what effect will anappeal have on the union's and your future credibility with the grievant, withother members, and with management?

Be objective in assessing a case. It is no reflection on your abilities if thefacts of the case are poor. Even Perry Mason could not win an acquittal whenthe defendant was clearly guilty his or her procedural rights were honored.As long as you did a thorough investigation, put together a complete casefile, and treated the grievant with due consideration, dignity, and respect,you have done your job well regardless of the outcome. If you decide tosettle (at Step 2), your obligation is to explain your reasons to the grievantand provide the grievant with a copy of the settlement. You should assaysinclude in your grievance notes the factors you considered in agreeing to asettlement and brief summary of your reasoning as well.

If, on the other hand, your assessment of the case and the above factors isfavorable for an appeal and a settlement is either not in the union's or thegrievant's best interests or not being offered by management, by all meansfile the appeal! Management does not judge our case for us. If priorsettlements including language not to do something again have not worked,try to obtain something concrete in subsequent cases. If discipline isprocedurally defective or management's case is pure speculation, thenappeal to the next level. Many times discipline is based on personal animositybetween the supervisor and the grievant over incited events. Getting thecase into a more professional and somewhat more objectivelevel can minimize this improper influence. If a major principal is involve orthe issue is otherwise very important to your branch, include a note to thateffect in the grievance file sent to the next higher level of the union.

Standard Settlements 1 of 6

STANDARD SETTLEMENTS

If you have developed a complete case file and presented it well, localmanagement should offer to settle the grievance. Usually, management'sinitial offer is far less than what you wanted in your corrective actionrequested. Over the years, some common settlements have beenestablished locally and at the Step 3 level. As always, the proven particularfacts of your case may warrant something different.

DISCIPLINE CASES

General: The union representative should always begin the grievance processon the assumption that the mail handler is completely innocent and thediscipline unjustified. At that point, it does not matter what the employeehas done before; this case should be judged by itself. If your investigationturns up relevant and material evidence in the employee's favor or againstmanagement's case, then you should continue moving the grievance. Ifmanagement has shown by a preponderance of the evidence (majority) thatan employee committed an offense and they did not violate his or her dueprocess rights, then settlement is the recommended action. Many mailhandlers erroneously believe that the burden is like a court of law -- i.e.,beyond a reasonable doubt. But that is not true in arbitration cases.Industrial justice is defined by many arbitrators and they give the employermore latitude than our constitution gives to the government. Arbitratorshave ruled fairly consistently that evidence which is clear and convincing isenough to find for management. Reasonably guilty is guilty enough in theeyes of many arbitrators and administrative law judges.

When it comes to the supervisor's word against the employee's, arbitratorsgenerally give the benefit of the doubt to the supervisor. One reason forthis is they figure the supervisor has nothing material to gain from lying,whereas the employee is motivated to protect his or her job. The credibilityof each side is determined by other evidence, past record, consistency oftheir version of events (then and since) and their demeanor on the witnessstand. Evasiveness through "bad memory," refusal to answer, shifting eyes,etc., will invariably lose the case for that party. Although you should


always give your members the benefit of the doubt initially, you maydiscover later that they are not telling the whole truth. When you come tothis conclusion based on a reasonable review of the evidence, and therehave been no substantial procedural flaws, you should seek settlement.

Qualifiers: In your local settlements, you should be careful to give theemployee a reasonable chance to meet the criteria established. "If there isno subsequent discipline for the same offense" is the preferred languagebecause future discipline will also need to meet the "just cause" criteria. Incases involving discipline issued for any performance charge, the phrase"satisfactory improvement" is dangerous because the supervisor mayarbitrarily define what is satisfactory and the burden could then shift to theunion to show otherwise. Listing a specific number of unscheduled absencesis okay as long as they are reasonable in number. If your installation has apolicy listing a specific number of unscheduled absences within a certainperiod of time as unacceptable, no settlement should ever be signed whichgives the employee less than everyone else. No one should be expected tohave perfect attendance because emergencies arise for everyone regardlessof past record. For employees charged with being Absent Without Leave(AWOL), you should try to get future occurrences defined as over thirtyminutes to distinguish from incidents of simple tardiness or deviations ofclock rings.

Letters of Warning: A letter of warning (LOW) is simply written chargesdocumenting an incident. By itself, and assuming that an employee does notget in future trouble, they are removed after two years. They can bedangerous if an employee continues to behave in the manner which causedthe discipline in the first place. Then the prior letter can be referenced toshow the proper chain of progressive discipline has been followed and thenext steps are suspension and removal. An employee's supervisor has thediscretion to remove an LOW from his or her file at any time after it isissued. After a reasonable time, you or the employee should always requestthat this be done. All they can do is say no.

Time Frames: LOW's, because the employee receiving one suffers no lossare usually settled (when settled at all) for a period of time less than thenormal two years. An LOW may be settled at any step of the grievanceprocedure for any period of less than two years. Settlements for relatively


minor infractions such as attendance are often for periods as short as twoto six months. If you have proven that the letter was procedurally flawed orotherwise clearly not for just cause, Step 3 may get the LOW removed orreduced to an official discussion "immediately." Please bear in mind that thisdecision is usually at least three months after the incident and dependent onno discipline since then. If you suspect the employee will commit the sameinfractions again, before a Step 3 decision can be made, you should try tosettle locally as soon as possible. It is a known fact that prior to offeringany settlement on attendance, managers at every step check theemployee's attendance since the discipline was issued. You should thereforealways advise the employee to keep a good record until his or her case isultimately decided.

Suspension of 14 or More Days: These are much more serious mattersand require careful but timely processing. In the past, stewards always havebeen told that if at all possible, you should conclude your investigation andhold the Step 2 meeting prior to the date on which the suspension is tostart. Recent changes negotiated to the National Agreement now specificallyset forth a process by which the steward or other Union representative canensure that at least a Step 2 decision is rendered before the suspension isserved. In particular, under the first paragraph of Article 16.5 of theNational Agreement, "if the Union or the employee initiates a timelygrievance prior to the effective dateof the action and if the grievance istimely appealed to Step 2, the grievant shall not begin to serve thesuspension until after the Step 2 decision has been rendered." The reason itis so important that these efforts are made on a timely basis is because youwill find settlements involving back pay are virtually impossible to achieveonce the employee actually has been suspended and spent time on thestreet. Management at each level generally refuses to grant what theyconsider to be "free money" to an employee who gets in trouble. It is veryrare for an employee's suspension to be overturned completely after thefact. Usually, in the few cases when this happens, it is because of significantprocedural errors or because the union has proven the grievant's completeinnocence or cast serious doubt on management’s case.

Suspension settlements must be carefully worded as well. Otherwise, anemployee could have the suspension become part of the record for the rest


of his or her career. A "paper" or "no-time-off" suspension that will beremoved later, if certain criteria are met, is the preferred settlement.Having the suspension "held in abeyance " for a period of time underreasonable criteria also is acceptable. Absent either of these, a probationaryperiod for subsequent "make whole," providing there is no reoccurrence, isthe next best alternative. In each of these settlements, management isbetting the employee will screw up again, and therefore management will beable either to reissue the discipline held in abeyance or rely on this incidentto take more serious action (removal) next time. It is therefore veryimportant that settled at any step of the grievance procedure for any periodof less than two years. Settlements for relatively minor infractions such asattendance are often for periods as short as two to six months. If you haveproven that the letter was procedurally flawed or otherwise clearly not forjust cause, Step 3 may get the LOW removed or reduced to an officialdiscussion "immediately." Please bear in mind that this decision is usually atleast three months after the incident and dependent on no discipline sincethen. If you suspect the employee will commit the same infractions again,before a Step 3 decision can be made, you should try to settle locally as soonas possible. It is a known fact that prior to offering any settlement onattendance, managers at every step check the employee's attendance sincethe discipline was issued. You should therefore always advise the employee tokeep a good record until his or her case is ultimately decided.

Suspensions of Less Than 14 days: In recent National negotiations,changes to the National Agreement have been made with regard tosuspensions of less than fourteen (14) days. In particular, thesesuspensions are now served while on duty, with no loss of pay, andtherefore often are called "no-time-off suspensions." Thus much likeletters of warning discussed above, if you cannot negotiate to eliminate theno-time-off suspension entirely, you can try to negotiate either the lengthof the no-time-off suspension or the period of time that it will remain in theemployee's record.

Please remember that, although he employee is no longer actually suspendedfrom work for a suspension of less than 14 days, and therefore theemployee does not suffer any financial loss, the National Agreement alsomakes clear that these no-time-off suspensions are


and will be treated like actual, time-off suspensions for purposes ofprogressive discipline. The National Agreement specifically states that"No-time-off suspensions shall be considered to be of the same degree ofseriousness, and will satisfy the same step in the pattern of progressivediscipline as the time-off suspension being replaced. As such, no-time-offsuspensions are equivalent to the previously issued time-off suspensions asan element of past discipline."

Removals: Removals can be issued immediately for serious violations orafter progressive discipline has occurred for minor infractions. These casesshould be handled by an experienced steward or the Administrative VicePresident. These are high risk cases for management, and the Postal Servicewill be careful to protect itself. If the case is arbitrated and won six monthslater, the employee could receive tens of thousands of dollars in back pay.These also are high risk cases for the employee and the union. Even if theemployee gets his or her job back later, the employee's life has usually beenruined in the meantime. Divorce, eviction, and drug or alcohol problems can allresult from losing a postal job even temporarily. Therefore, it is in the bestinterest of all parties to reach an early settlement if possible.

In some cases, it may be possible to get the removal reduced to asuspension, even if it is a long one. In others, completion of an EAP programmay be enough to stop the action. For OWCP fraud, assaults, or theft,however, the Postal Inspectors often get involved and lessor settlementsare unlikely. In some instances, management may offer to enter a "lastchance settlement." As with suspensions, management is betting theemployee will not meet the conditions and they will be able to remove him orher within a few months with a case the employee and the union haveagreed not to appeal. These agreements should be discussed with your localunion headquarters before being signed by any union representative. If thewording is not just right, the employee could be removed (without grievancerights) based on an action for which most employees wouldn't even get aletter of warning!

Notices of Removal versus Notices of Proposed Removal: It isimportant to remember the difference between a Notice of Removal and aNotice of


Proposed Removal. Basically, a Notice of Removal is issued to a nonveteranand a Notice of Proposed Removal is issued to a veteran preference eligible.When a Notice of Proposed Removal is issued (once again, this is only to aveteran preference eligible), it should notify the employee that he or she (orhis or her representative) may answer the Proposed Removal within 10 daysfrom receipt of the Proposed Removal. This is outside the grievanceprocedure and does not constitute a grievance. In addition, the Notice ofProposed Removal should also notify the individual that he or she has 14days from receipt of the Proposed removal to file a grievance in accordancewith Article 15 of the National Agreement.

You are strongly advised to file a grievance on the Proposed Removal within14 days. After the employee has met with the appropriate postal official, heor she will receive a Letter of Decision' which will inform the individual that, ifmanagement upholds its reason for removal, the employee has 30 days fromthe effective date of the Letter of Decision to appeal to the Merit SystemsProtection Board. If the employee opts to appeal to the MSPB, the employeewaives access to any procedures under the National Agreement beyond Step3 of the grievance and arbitration procedure.

Again, when an employee receives a Notice of Proposed Removal, you shouldfile a grievance within 14 days. Do not wait until the employee receives aLetter of Decision from management. The Notice of Proposed Removal onlyindicates that the employee is a veteran preference eligible. If you file agrievance on the Notice of Proposed Removal, there is no need to file agrievance on the Letter of Decision. That would be repetitive.

Of course, if a non-veteran receives a Letter of Removal, a grievance shouldbe filed within 14 days. This individual will not receive a Letter of Decision,nor will he or she be eligible to appeal her or his case to the Merit SystemsProtection Board.

Contract Cases 1 of 2

CONTRACT CASES

Although management is more confident that the union will not meet itsburden of proof in contract cases, many such grievances can still be settledlocally. Corrective action can be obtained in many ways. Never drop alegitimate dispute without getting something. Simply reciting contractlanguage is a meaningless settlement. We have the Postal Service'sendorsement on our National Agreement already, so why would we want aStep 2 designee's written promise to do what his boss agreed to? On theother hand, a promise to observe some contract provision or language in theLMOU in future situations (i.e., bid information, movement, overtime calls)may have some value. In places where the contract language itself is vague,settlements of this type can be used as evidence in future cases to provethat the parties have accepted a particular interpretation and have promisedto apply it.

You should negotiate contract case settlements with two thoughts in mind;first, to address the immediate problem with "make whole" relief; andsecond, to prevent its reoccurrence. When a contract violation occurs, on ofyour duties is to find out why. This may involve putting on a "managementthinking cap" to understand management's motivation and, perhaps of moreimportance, the operational constraints that hinder compliance with ourcontract. The union does not engage in this exercise to excusemanagement's behavior, but rather to find a solution to the violations inmanagement's methods. Whenever you discuss settlements, you mustunderstand the other side's needs so you can make an offer that they mayseriously be interested in. Doing this creatively can improve workingconditions and gain rights for your branch that are not covered in theNational Agreement.

WARNING Contract settlements should not violate another employee's rights,concede any part of our National Agreement or add restrictions to itsapplicability. You are there to represent not only the immediate grievant, butthe union and every other employee as well. If you are in doubt about theeffect a proposed settlement may have, contact you AVP or Local Unionheadquarters before signing. If the settlement will establish a new policy inyour branch, your Local's headquarters should always be consulted.

Some corrective actions are already set forth in our contract and should notbe compromised. Improper By Pass for Overtime is a good example;

Contract Cases 2 of 2

supervisor's performing bargaining unit work is another. Both correctiveactions involve payment as the appropriate remedy. Usually you will have afew minor bargaining unit work grievances to include in the file as evidence ofa pattern anyway. Improper posting of a holiday schedule or changesafterward warrant a 50% premium whether the employee is on straight timeor overtime. In some cases, the employee actually may receive double-timepay even when he or she volunteered after the posting.

Leave cases should be settled if possible prior to the dates requested. Ourcontract has no punitive damages clause that can be used as a sword againstmanagement, and what good is "next time" to the employee? Some managerswill offer a future leave day or period to be used at the employee'sdiscretion. At a minimum, you also should seek language that corrects theprocedural problem that caused the incident. Two common examples aretriplicate 3971's (signed upon receipt by the supervisor to evidencenotification, if not approval, with the employee keeping a copy) or employeesbeing granted access to leave and holiday schedules. A charge of AbsentWithout Leave (AWOL) should be grieved and settled as soon as the employeereceives the 3971 notifying him or her of such leave. If it results in formaldiscipline by itself, settlement will be difficult. If it is cited in generalattendance discipline, it may be too late to challenge the AWOL charges.

Cross-craft grievances can have the amount of hours paid, but you shouldseek written language recognizing the work as belonging to the -mail handiercraft as well. Of course, if management slips in their famous "noncitable,non-precedent setting" escape clause, that language would be worthless infuture disputes. If the parties can agree to a dollar amount or number ofhours paid, you should include the phrase "paid to the appropriate mailhandlers as determined by the union." Our policy generally is to pay thosemail handlers who were available to do the work during the period in dispute.Employees on the Overtime Desired List by seniority and proper rotationshould be paid first, even if that involves the OTDL from two differentavailable tours. Non-scheduled day employees should be included when thetime involved would meet their eight-hour guarantee contained in Article 8.8.

Extension of Time Limits 1 of 7

EXTENSIONS OF TIME LIMITS

If you are close to the 14-day time limit on a Step 1 grievance and you do nothave the essential information you need, request an extension from thesupervisor with whom you are scheduled to have the Step 1 meeting. Get theextension in writing, with a signature. A lot of things can happen between thetime you get an oral extension from a supervisor at Step 1 and the Step 3appeal or possible arbitration. Your relationship with the supervisor may notbe the same, and he or she might not "remember" giving you an extension. Itis often difficult for the union to get an extension from management,however, unless it is management's fault that you are running late.

If for any reason you find yourself unprepared on the last day of the timelimit, have the Step 1 meeting anyway. Having a Step 1 meeting with weakarguments is better than being untimely. You can still investigate andprepare prior to the Step 2 appeal. If you have to follow this procedure,however, you should recognize that you did something wrong by notinvestigating and preparing the grievance in a timely fashion. The only excusefor having to file unprepared at Step 1 would be if the employee only broughtthe grievance to your attention on the 14th day. If that happens,Immediately fill out a Step 1 worksheet after the Step 1 meeting, while youstill remember the arguments that you used.

REMEMBER, ALL EXTENSIONS, WHETHER REQUESTED BY THE UNIONOR BY MANAGEMENT, MUST BE IN WRITING WITH THE SUPERVISOR'SSIGNATURE. (Even if the supervisor asks you to write the extension, youmust have a copy with the supervisor's signature on it).


THE STEP ONE GRIEVANCE FILE

The contents of your grievance file for Step 1 will vary depending on thecase and your investigation. If it's a discipline grievance, your investigationshould have been extremely thorough. In contrast, for a grievance involvingan overtime by-pass, you may only need a couple of documents supportingyour argument. Remember, your investigation must have been completed inorder to make a determination whether to file a grievance, therefore youshould have documentation available at the Step 1 meeting.

Regardless of the depth of investigation, your file should be complete whenyou meet with a supervisor. How many documents you need for a completefile will vary.

At a minimum your file at Step 1 should contain:

1. A completed grievance worksheet2. A statement by the grievant3. The disciplinary letter, if a discipline grievance


THE STEP TWO GRIEVANCE FILE

The importance of having a complete grievance file for all Step 2 appealscannot be over-emphasized. The investigation process must have beencompleted prior to this Step 2 appeal, and all evidence and supportingdocumentation must be included in the packet as it is filed.

Why must this file be so complete? The answer is simple. This may be thelast opportunity the union has to introduce evidence, provide supportingdocumentation, or raise any new issue. As an example:

A grievance is filed over a cross-craft violation where the unionclaims that clerk-craft employee Smith did mail handler work onoperation 529 on Tuesday, November 13, 1993. if, at Step 2,the union did not have a clock ring to show that Smith punchedinto operation 549 for day 1 of Pay Period 24-93, the union hasnot at this point provided evidence to support its allegation. Ifthis grievance is denied "because of the union's lack of evidenceto support the contentions," do you think the union can appeal toStep 3 and include clock rings with the appeal? Don't bet on it!

The parties at each step of the grievance process have a responsibility tomake full disclosure of facts and contentions. This aspect of Article 15usually works for mail handlers. It requires the union to document grievancescompletely as early in the grievance process as possible. The sooner theunion has fully documented a contractual violation, the earlier the union canhave grievances sustained or settled in its favor.

Poorly documented grievances can also work against the union. No matterhow strongly we feel about a Step 2 denial, the union may not be able tointroduce additional evidence in the appeal to Step 3. To allow the parties toadd new documents as the grievance progresses through the appeal processdefeats the principles of settling grievances as early as possible.Evidence which was not provided at Step 2 and not accepted at Step 3cannot be used in arbitration. If management is refusing to accept


evidence added after Step 2, the union should not expect that managementwould accept such evidence at arbitration. Lack of evidence is clearly asufficient reason for grievances to die short of arbitration.

Why then do we have additions and corrections if the union may not add newevidence or raise additional issues? Additions and corrections serve thepurpose of focusing on management's reasons for the adverse decision. If aStep 2 decision incorrectly states contentions of a grievance, use additionsand corrections to set the record straight. If management failed to considerevidence which was provided with a grievance, highlight this omission.

How can we add something to a grievance after a Step 2 decision? Additionsto a grievance can and should be made if they are introduced by either partyat the Step 2 meeting. This can happen in various ways. We've seengrievances filed on violations of Article 13, claiming that managementrefused to accommodate a limited duty employee. At the Step 2 meeting,management relies on Part 546 of the ELM to support their denial of thegrievance. In this example, management added to the grievance, andtherefore we may utilize this ELM provision as well. Or if this addition isrelied on erroneously, we may introduce additional supportive documentation.In this example, part 546 of the ELM refers to the OWCP and FECAregulations, which may be relied on by the union and therefore added to thegrievance.

This example shows how something is added at Step 2 that we can andshould use in the union's Step 3 appeals. Don't confuse this with a grievancewhich was filed as a violation of Article 7, and denied as clearly having nomerit. In this case, the union cannot appeal this denial to Step 3 and rely onArticle 8 of the National Agreement. This would be adding Article 8arguments when they were not properly included at Step 2. If Article 8 isapplicable to a grievance and the union did not include the argument in itsStep 2 appeal, the union has failed to document a grievance properly. Don'texpect to correct mistakes made. at Step 2 by appealing to Step 3.

Based on the above, all grievances appealed to Step 2 should include, at aminimum, a completed Standard Grievance Form and all supporting


documentation to prove the grievance. As at Step 1, the exactdocumentation necessary will vary from case to case and from issue toissue, but in all cases you must ensure that grievances are properlysupported as early as possible in the grievance procedure.


STEP 3 APPEAL FILE

All appeals to Step 3 must be fully documented. What is meant by "fullydocumented"?

Article 15, Step 20) states in part:

Any appeal must include copies of (1) the standard grievanceform, (2) the employer's written Step 2 decision, and if filed(3) the Union's corrections and additions to the Step 2 decision.

This provision specifies the minimum. It clearly states you need onlyappeal to Step 3 with two (2) documents: the Step 2 decision and thestandard grievance form. The standard grievance form sent to Step 3must include all attachments which were used at Step 2 -- that is, not justthe form, but the complete Step 2 grievance file.

All stewards should remember that the parties at Step 3 may not befamiliar with your facility. They do not know what operation 110 means inEverett or Tacoma. If a steward refers to a "dock hashing operation" inOlympia or Pasco, it means little to someone who has never done dockhashing. When the union appeals grievances to Step 3, it is imperative thatthe union explains what we are talking about. Clarify precisely what agrievance contains, and why we are appealing that particular grievance.

As the union processes appeals to Step 3, stewards, chief stewards,And AVPs often want to communicate -with the union's Regional Directoror Representative who is handling the Step 3 appeals. How do youaccomplish this? As the Step 3 appeals are prepared for mailing, you caninclude a separate letter or note for the union's Step 3 representative.In this letter, you can vent your frustrations with management. This is notan official part of the grievance file, and should be sent only to the unionrepresentative at Step 3, not to management.

So what makes up a Step 3 grievance file? The file must include:

1. The complete Step 2 grievance file with extension agreements, ifany.


2. The Step 2 decision being appealed.3. Additions and corrections, if any, addressed to the Step 2

designee.4. The appeal transmittal letter to:

a. USPS, Area, by Certified Mailb. NPMHU, Regional Directorc. Local Union Presidentd. Carbon copy to Step 2 designee

After a grievance is appealed to Step 3, it becomes the responsibility of theNPMHU's Regional Office. The Local Union and its representatives alreadyshould have satisfied their responsibilities at this point. If the RegionalDirector or Representative feels that additional documents are required tosupport the grievance, he or she will request they be supplied as soon aspossible. You should treat these requests seriously, and respond within thetime frame requested.

Grievance Time Limits 1 of 10

GRIEVANCE TIME LIMITS

As you will note in reading Article 15, there are many time limits built intothe grievance procedure -- certain time limits applying to the union andothers applying to management. The purpose of these time limits is to movethe grievance through the procedure in a timely manner.

You should always begin your investigation at the first sign of trouble. If youwait, then you not only may find yourself short on time, but key facts mayhave been lost as well. Fair settlements also are less likely the longer theunion's case file remains open, so unnecessary delays should be avoided.

Here are a few important points you must keep in mind about grievanceprocedure time limits:

1. The union absolutely must abide by the time limits. If a time limit ismissed, the grievance is waived. That means that the grievance is finishedand the union cannot raise the same matter again. That can be a veryserious matter, especially in a grievance challenging discipline or discharge.

2. Management, however, does not suffer the same penalty. Article 15.3C ofthe National Agreement provides that a management failure to meet a timelimit moves the grievance up to the next step of the grievance procedure.However, when management fails to render a decision within the stated timelimits, the union should still follow through with a timely appeal, making sureto include evidence that the union made additional efforts to schedule ameeting or obtain a decision.

3. There are several provisions in Article 15 stating that the parties mayextend the time limits by mutual agreement. When you agree to extend thetime limits- make sure to put the agreement in writing and get it signed bymanagement

4. Step 3 appeal time limits cannot be extended locally once the Step 2decision has been issued. Instead, you may get the Step 2 designee to


rescind a decision issued or withhold the initial decision by mutual consent.

REMEMBER, WHEN YOU AGREE TO EXTEND THE TIME LIMITS, MAKESURE TO PUT THE AGREEMENT IN WRITING AND GET IT SIGNEDBY MANAGEMENT.

All time limits in the National Agreement are straight calendar days, notworking days.

Information Requests -- 2 This should be enough time for receipt of mostinformation requested. In many cases, the information can be provided onthe same day. In discipline cases, for example, the initiating supervisor didthe investigation and should have the information requested in the disciplinepackage. When requesting information such as microfiche or recordsoutside your office, extra time may be justified for management to comply.

Step One Meeting -- 14 Days Measured from the date the employee orunion first learned, or reasonably may have been expected to learn, of thefacts causing the grievance.

Step One Decision --5 Days After the Step 1 meeting, 5 days is themaximum for providing a decision; in most instances, the decision should begiven immediately.

Step Two Appeal -- 10 Days After the supervisor's Step 1 decision.

Step Two Meeting -- 7 Days After the standard grievance form issubmitted to management, the Step 2 meeting should occur within 7 days,unless both parties mutually agree to extend.

Step Two Decision -- 10 Days This decision should be dated nomore than 10 days after the Step 2 meeting.

Corrections and Additions --10 days After Step 2 written decision isreceived by you. This goes to your installation head or Labor RelationsOffice if you have one.


Step Three Appeal -- 15 Days After the Step 2 written decision isreceived by you, a complete copy of the grievance package goes certifiedmail, return receipt requested.

As a shop steward, compliance with the above steps and time limits areyour area of responsibility.


KEEPING A FILE

It is important to keep a written file on each grievance. The file shouldcontain all the material generated through investigation, includingstatements and summaries of conversations related to the case. Witnessstatements should be reduced to writing, and the witness should sign thestatement. Notes should be maintained of what was seen, what was said,and what occurred.

THE GRIEVANCE WORKSHEET

The grievance worksheet is a fact sheet. The first thing the steward shoulddo when approached by a mail handler with a complaint is to get out a copyof this worksheet. This worksheet should not be confused with the standardgrievance form, although they both may require much of the sameinformation. Not only should the worksheet contain information about thegrievance, but it also should contain information about potential witnessesand the appropriate management representative. Only by analyzing all of thisinformation can the steward determine what data is useful.

The first step of the grievance procedure calls for an oral meeting. Theworksheet should be filled out and reviewed at the Step 1 meeting.During the Step 1 meeting, the steward may obtain additional informationthat also should be added to the worksheet.

Remember that the steward should be careful about what is written onthe worksheet, as it can become part of the grievance file!



INSTRUCTIONS FOR FILLING OUT THE GRIEVANCE WORKSHEET

1. GRIEVANCE NO. The reference number is that given to the complaintunder your Local Union's numbering system at such time as thecomplaint becomes a grievance in accordance with the provisions ofArticle 15 of the National Agreement.

2. INSTALLATION, STATION OR BRANCH. The name of the postal facilityin which the complaint or grievance originated.

3. CITY. The city in which the postal facility in #2 above is located.

4. STATE. The state in which the postal facility in #2 above is located.

5. STATION. The name of the station if the complaint or grievanceoriginates in a station, rather than another postal facility. If thecomplaint or grievance does not originate in a station, "NA" (notapplicable) should be placed in this block.

6. STEWARDS NAME. Your name or that of the shop stewardconducting the investigation or initiating the grievance.

7. GRIEVANT'S NAME (OR CLASS). The name of the individual grievant forwhom an investigation is being conducted or a grievance is beinginitiated should be placed in this block. If the action is being taken onbehalf of the union or a particular group of mail handlers, that shouldbe indicated in this block -- for example, "Union," "Class Action," or"Sack Sorting Machine Operators."

8. S.S. NO. Whenever a complaint or grievance involves an individual, thesocial security number of the individual should be included here.

9. ADDRESS. Whenever a complaint or grievance involves anindividual, the address of the individual should be placed here.

10. PHONE. Whenever a complaint or grievance involves an individual,


the home telephone number of the individual should be placed here.

11. FTR. If the complainant or grievant is a full-time regular, a checkshould be placed in this block; otherwise, the block should be left blank.

12. PTR. If the complainant or grievant is a part-time regular, a checkshould be placed in this block; otherwise the block should be left, blank.

13. PTF. If the complainant or grievant is a part-time flexible, a checkshould be placed in this block; otherwise, the block should be left blank.

14. JOB CLASSIFICATION. The job classification of an individual complainantor grievant should be placed here -- for example, Sack Sorting MachineOperator, Equipment Operator.

15. SENIORITY. Whenever a complaint or grievant involves an individual, hisor her seniority date in the mail handier bargaining unit should beplaced in this block.

16. VET. A notation should be made here indicating whether or not anindividual grievant is a veteran of the armed forces.

17. PAST DISCIPLINARY RECORD (IF RELEVANT). If the grievance is beingfiled for an individual under Article 16 of the National Agreement, anypast disciplinary record should be included in this block. A review ofthe grievant's official personnel folder should be conducted in thisregard; please note if any disciplinary records found in that folder arepresently in violation of the provisions of Article 16.10.

18. VIOLATION: NATIONAL (ART. & SECT.). A listing of all articles of theNational Agreement which the union contends have been violated, withsections, if appropriate.

19. VIOLATION: LOCAL (ART. & SECT). A list of all sections of the


Local Memorandum of Understanding which the union contends havebeen violated.

20. VIOLATION: OTHER. Any other rules or regulations which the unioncontends have been violated. This would include provisions of anyhandbooks or manuals referenced under Article 19 of the NationalAgreement; if such references are made, Article 19 should be listed asa violation under block 18. Block 20 also would contain references to"Past Practices," as well as any applicable laws or arbitration awards(listing case number and arbitrator) that may have been violated.Labor-Management meeting dispositions should also be used where theyapply, with the date of the meeting noted.

21. FACTS OF GRIEVANCE: DATE(S). The date on which the incident givingrise to the complaint or grievance took place (or the date on which thegrievant or the union first became aware of the violation) should belisted in this block -- for example, the date the grievant received aLetter of Warning or the date on which the grievant or union observeda supervisor performing bargaining unit work.

22. FACTS OF GRIEVANCE: TIME. The time during the day listed in Part 21at which the incident took place.

23. FACTS OF GRIEVANCE: LOCATION. The specific location within theinstallation, station, or branch where the alleged incident took place --for example, "incoming dock."

24. EXACTLY WHAT HAPPENED. A summary of the facts giving rise to thecomplaint or grievance; that is, a narrative presentation of what hasoccurred that has caused a complaint or grievance to exist. Theanswers to the "Who," "What," and "Why" questions should be providedhere. As noted, an additional sheet can be attached if necessary toensure that a full presentation of the facts is made. This presentationof the facts will outline the results of your investigation of theallegations that gave rise to the complaint or grievance and will berelied upon for any future actions that the union may need to take.


All contractual and other references, as outlined in blocks 18-20above, must be explained as well. The application of contract languagecited must be identified. For example, how has Article 16.1 beenviolated? It is not sufficient to list the articles without providing anexplanation of how they have been violated. Prepare every grievanceas if it is going to arbitration.

25. CORRECTIVE ACTION REQUESTED. The action which you as the shopsteward contend management must take to correct the situationgiving rise to the complaint or grievance should be listed here. Pleasebe specific and make sure that your corrective action is appropriatefor the particular complaint. For example, if the grievance alleges aviolation of Article 1.6, in that a supervisor performed bargaining unitwork, the corrective action should require that management cease anddesist and, if appropriate, apply the provisions of the Memorandum ofUnderstanding on this issue dealing with back pay. For disciplinarygrievances, the notation "make the grievant whole" should be made apart of the corrective action, regardless of whatever else you mayinclude in the corrective action block.

26. GRIEVANT'S SIGNATURE. Whenever possible, you should make sure anindividual grievant signs the Grievance Worksheet. If the complaint orgrievance involves the union or a group of mail handlers, you shouldsign the form.

27. DATE. This block should reflect the date on which the signature inblock 26 was executed.

If your investigation of the complaint indicates that the filing of agrievance at Step 1 is necessary, the below-listed procedures will apply forfilling out the remainder of the Grievance Worksheet. Entries as indicatedbelow should be made immediately after you conduct the Step 1 discussionwith the supervisor.

28. DATE OF MEETING. The date on which you conducted the Step 1discussion with the supervisor in accordance with Article 15.2, Step 1(a).


29. SUPERVISOR. The name and title of the supervisor with whom you heldthe Step 1 discussion.

30. DATE OF DECISION. The date and time on which the supervisorprovides you with his or her decision as outlined in Article 15.2, Step1 (c).

31. SUSTAINED. If the supervisor sustains the grievance, check this block.A grievance is considered sustained, rather than settled, when thesupervisor agrees to the corrective action requested by the union intotal. For those grievances in which the supervisor agrees with onlypart of the corrective action requested, please see Block 33.

32. DENIED. If the supervisor denies the grievance, check this block.

33. OTHER. If you and the supervisor reach agreement to settle thegrievance in part, or if you as the union representative decide towithdraw the grievance, please indicate the result in this block byusing the term "settled" or "withdrawn." If the grievance is settled,explain in this block the specific provisions of that settlement. If youdecide to withdraw the grievance, explain the reasons you havewithdrawn the grievance. In either case, an attached sheet should beused for a full explanation if additional space is necessary.

34. IF DENIED, REASON GIVEN. If the supervisor denies the grievance, youshould make sure that he or she provides reasons for the denial inaccordance with Article 15.2, Step 1 (c), and that the reasons arelisted in this block.

35. ATTACHMENTS. If necessary, please attach to the form any witnessstatements, notes of Step 1 meetings, or other attachments youdeem necessary. Checkmarks should be placed in the appropriateblocks at the bottom of the form.

Standard Grievance Form 1 of 8

THE STANDARD GRIEVANCE FORM


INSTRUCTIONS FOR FILLING OUTTHE STANDARD GRIEVANCE FORM

1. DATE. This is the date the grievance is appealed to Step 2 of theprocedure. It is essential to ensure that the grievance is timely filedand that the correct date appears in this block.

2. BRANCH GRIEVANCE NO. The reference number given to the complaintunder your Local Union's numbering system when the complaintbecomes a grievance, in accordance with the provisions of Article 15of the National Agreement. (WS1)1

3. USPS NO. The number assigned to the grievance by the local USPSinstallation. You should request this number from the appropriateUSPS official in your office, such as the Step 2 hearing officer. Thisnumber is important for future reference purposes if the grievanceproceeds to Step 3.

4. TO: USPS STEP 2 DESIGNEE (NAME & TITLE). The name and title of theindividual hearing the grievance on behalf of USPS at Step 2 must belisted here. This is particularly important in discipline cases, to showwhether or not the Step 2 designee was also the concurring officialunder Article 16.8; if the individuals are the same, a notation should bemade to that effect in the Corrections and Additions letter.

S. INSTALLATION. The name of the postal facility in which thegrievance originated. (WS2)

6. PHONE-OFFICE. The office phone number of the USPS Step 2designee hearing the grievance in question should be listed here.

7. FROM: LOCAL UNION BRANCH NO. Your Local Union's identificationnumber should be listed here. In addition, if your Local

This notation refers to Information also included In the Grimace Worksheet"WS1"means this Rom corresponds to Item #1 on the Grievance Worksheetappearing earlier in this manual.


Union assigns particular numbers to its branches, that informationshould also be provided -- for example, Local 306/Branch 3.

8. BUSINESS ADDRESS. The business address used by the unionrepresentatives at your branch of the Local Union should be listedhere. If all official union correspondence is transmitted through yourLocal Union headquarters office, that address should be listed in thisblock; if only the Local Union headquarters address is provided,correspondence relating to the grievance will be sent by the Nationaland Regional Offices to the Local Union office, with a copy to theAdministrative Vice President.

9. STEP 2: AUTHORIZED UNION REPRESENTATIVE. The name of the unionrepresentative designated by the Local President to conduct Step 2hearings with USPS should be listed here.

10. PHONE-OFFICE. The phone number listed here is the work number forthe authorized union representative hearing the Step 2 grievance.

11. PHONE-OTHER. The home phone number of the authorized unionrepresentative hearing the Step 2 grievance should be listed here, sothat contact can be made if necessary after his or her work hours.

12. STEP I MEETING: HELD ON (DATE/TIME). The date and time on which youconducted the Step 1 discussion with the supervisor in accordancewith Article 15.2 Step 1 (a). (WS28)

13. BETWEEN: USPS REPRESENTATIVE. The name and title of thesupervisor with whom you held the Step 1 discussion. (WS29)

14. AND: GRIEVANT AND/OR STEWARD. If the grievant filed the Step 1grievance without a shop steward, the grievant's name should beplaced here. If the steward filed the Step 1 grievance, his or her nameshould be placed here along with that of the grievant if the grievantwas present at the Step 1 meeting.

15. GRIEVANT'S NAME (OR CLASS). The name of the individual grievant forwhom a grievance is being initiated should be placed in


this block. If the action is being taken on behalf of the union or aparticular group of mail handlers, that should be indicated in thisblock -- for example, "Union," "Class Action," or "Sack SortingMachine Operators." (WS7)

16. PHONE. Whenever a grievance involves an individual, the home phonenumber of the individual should be placed here. (WS10)

17. HOME ADDRESS. Whenever a grievance involves an individual, theaddress of the individual should be placed here. (WS9)

18. JOB CLASSIFICATION. The job classification of an individual grievantshould be placed here -- for example, Sack Sorting Machine Operatoror Equipment Operator. (WS14)

19. CRAFT SENIORITY DATE. Whenever a grievance involves an individual,his or her seniority date in the mail handier bargaining unit should beplaced in this block. (WS15)

20. SERVICE SENIORITY DATE. This block should reflect the date on whichthe grievant entered USPS employment, if that date is different fromthe one on which he or she entered the mail handier bargaining unit;that is, this should include any time spent in another craft beforebecoming a mail handler.

21. DUTY HOURS. The grievant's beginning and ending time for his or herservice day should be listed here, as per Article 8.2B. This informationis of special importance where grievances relate to overtimeassignments and similar matters.

22. INSTALLATION/STATION OR BRANCH. The specific work location of thegrievant should be listed here. This information may be different fromthat contained in block #5 if the grievant works in a station attachedto a larger installation or pay location.

23. SOCIAL SECURITY NO. Whenever a grievance involves an individual, thesocial security number of the individual should be included here. (WS8)


24. VETERAN. A notation should be made here indicating whether or not anindividual grievant is a veteran of the armed forces. (WS16)

25. OFF DAYS. A check should be placed in the block for those days of thenormal work week, as outlined in Article 8.2C, on which the grievant isnonscheduled; that is, the grievant's off days should be listed here.This information will be necessary for full-time and parttime regulars.If the grievance involves the scheduling of a part-time flexible in agiven service week, as outlined in Article 7.2A, the nonscheduled dayswhich the part-time flexible actually observed in that week should benoted here.

26. LEVEL. The pay level at which the grievant is compensated should belisted in this block.

27. STEP. The step within the level listed in #26 at which the grievant iscompensated should be listed here.

28. REG. If the grievant is a full-time regular employee, holding a bidassignment, a check mark should be placed in this box.

29. UNASSIGNED REG. If the grievant is a full-time regular, not holding abid assignment as per Article 12.31311, a check should be placed inthis block.

30. PTR. If the grievant is a part-time regular, a check should be placed inthis block.

31. PTF. If the grievant is a part-time flexible, a check should be placed inthis block.

32. STEP 1: DECISION RENDERED ON (DATE/TIME) BY (NAME/TITLE). Thedecision issued by the supervisor, as well as the date and time atwhich the supervisor provided you that decision as outlined in Article15.2 Step 1 (c). Additionally, the name and title of the supervisor withwhom you held the Step 1 discussion. (WS29, 30)


33. SUPERVISOR'S INITIALS (UPON REQUEST). In accordance with theprovisions of Article 15.2, Step 1 (c), the supervisor must place his orher initials in this block upon the request of the union. Such a requestshould always be made, as it serves as verification that the grievancewas timely initiated and that a decision was issued.

34. VIOLATION: NATIONAL (ART & SEC). A listing of all articles of theNational Agreement which the union contends have been violated. (WS18)

35. VIOLATION: LOCAL (ART & SEC). A listing of all sections of the LocalMemorandum of Understanding which the union contends have beenviolated. (WS19)

36. VIOLATION: OTHER GROUNDS. Any other rules or regulations which theunion contends have been violated. This would include provisions of anyhandbooks or manuals, referenced under Article 19 of the NationalAgreement; if such references are made, Article 19 should be listed asa violation under block 34. Block 36 also would contain references to"past practice," as well as any applicable laws or arbitration awards(listing case number and arbitrator) that may have been violated.Additionally, official dispositions of items discussed atLabor-Management meetings as outlined in Article 38 of the NationalAgreement can be referenced as well; such references should includethe date of the particular Labor-Management meeting (WS20), nameand number of arbitration decisions.

37. FACTS AND UNION CONTENTIONS. DATE, TIME & LOCATION. The date theincident giving rise to the grievance took place, or the date on whichthe union or grievant first became aware of the grievance, should belisted in this block -- for example, the date the grievant received aLetter of Warning or the date on which the grievant or union observeda supervisor performing bargaining unit work. Additionally, the timeduring the day at which the incident took place should be listed as wellas the specific location within the installation, station, or branch wherethe incident took place -- for example, incoming dock (WS21-23).


38. WHAT HAPPENED. A summary of the facts giving rise to the grievance;that is, a narrative presentation of what has occurred that has causea grievance to exist. The answers to the "Who," "What," and "Why"questions should be provided here. As noted, an additional sheet can beattached if necessary to assure that full presentation of the facts ismade. This presentation of the facts will outline the results of yourinvestigation of the allegations which gave rise to the grievance andwill be relied upon for any future actions that the union may need totake. It is also important to remember that a full presentation mustbe made regarding any violations you have alleged under Parts 34, 35or 36. You must relate the facts of the grievance to the specificcontractual violations alleged and give a full explanation of how thoseportions of the contracts were violated. Simply citing Article 8.5G1 asa violation, without relating the facts of the case to that contractuallanguage, is not sufficient and may cause the union to lose thegrievance. (WS24)

39. ADDITIONAL SHEET ATTACHED. If your presentation for block 38 doesnot fit in the space provided -- and it should not in most cases if yourare making a thorough presentation -- check this block and attach anadditional sheet. This block should also be checked if documentation isbeing attached to the grievance, such as copies of the overtimedesired list, copies of assignment sheets, and so forth.

40. CORRECTIVE ACTION REQUESTED. The action which you as shopsteward contend management must take to correct the situationgiving rise to the grievance should be listed here. Please be specificand make sure that your corrective action is appropriate for theparticular grievance. For example, if the grievance alleges a violationof Article 1.6, in that a supervisor performed bargaining unit work, thecorrective actions should require that management cease and desist,and, if appropriate, apply the provisions of the Memorandum ofUnderstanding on this issue dealing with back pay. For disciplinarygrievances, the statement "make the grievant whole" should be made apart of the corrective action, regardless of whatever else you mayinclude in the corrective action block. (WS25)


41. ADMINISTRATIVE VICE PRESIDENT OR STEWARD. Type or print thename of the union representative filing the Step 2 appeal.

42. SIGNATURE. The person whose name is recorded in block 41should sign the appeal form here.

Blocks 1 through 42 of the Standard Grievance Form must be completedprior to the Step 2 meeting. Block 43 is completed after the meeting.

43. DECISION BLOCKS. In accordance with the provisions of Article 15.2,Step 2(e), the appropriate block should be checked if the grievance iseither withdrawn or resolved at Step 2. Additionally, the date of suchaction should be recorded. The union representative and the USPSrepresentative conducting the step 2 hearing should record theirinitials in recognition of such action. Again, block 43 is to becompleted only if the grievance is withdrawn or resolved at Step 2.

Methods of Writing Step 2 Appeals 1 of 3

METHODS OF WRITING STEP 2 APPEALS

1. The Standard Grievance Form - The standard grievance form isused to appeal to step 2.

2. Simplicity and Conciseness -- Keep your statements simple and tothe point. You do not have to use fancy language or the best English, aslong as you get your point across. Try to write down the essential facts ofthe appeal. Too much detail will confuse the issues. Too much detail mayalso allow management to sidetrack the factual circumstances and pick onissues that have little or nothing to do with the main problem or its solution.

3. Be Specific and Complete -- Being specific and complete in whatyou put into an appeal does not mean being wordy or throwing in everydetail you can lay your hands on. Being specific does mean being exactregarding the factual circumstances. The what, when, where, who, why,and how the grievance can be resolved. For example, if you state that "thesupervisor talked to mail handler Smith abusively," you are not beingspecific unless you state precisely what the supervisor said. You shouldbe specific as to who, what, when, where, why and how, which representthe basic facts of any grievance. Evidence is now needed to support suchfacts.

Being complete means providing all the basic pieces of information andshowing how they fit together to prove what you are trying to prove. Forexample, you are not being very complete if you try to show that asupervisor was harassing a mail handler and you say only that thesupervisor told the mail handler, "I'm going to make your life miserablearound here, Jones," and then denied him leave a couple of times. Yourstatement would be no more complete if you showed that the supervisorwas mean to his mother and never took his kids to the movie. If thesestatements were specific as to who, what, when and where, they might beentirely correct; but they would not be complete, and they would not provethat Jones' supervisor was harassing him. However, if you were able to geta witness who will testify that he heard the supervisor make thestatement and had evidence that the same supervisor was granting leaveto other employees at the same time and under the same circumstances,


then your case is much more complete. The more complete the evidence is,the more likely you will prove your point.

When you are handling an appeal of a non-disciplinary action, the burden ofbeing specific and complete is first on your shoulders and then onmanagement's. You have to make the case and prove that managementacted in some way that denied the grievant his or her rights.

In handling an appeal of a disciplinary action, management must first provethat the grievant was out of line. Therefore, in reviewing a disciplinaryaction for appeal, be sure that management's reasons for the actions arestated specifically and completely. You often can win a disciplinary appealsimply by showing that management has not given evidence in support oftheir disciplinary action that is specific and complete. If the reason given bya supervisor was simply unsatisfactory work performance, the stewardcould easily show that this statement was so lacking in specifics that it wasimpossible to reach such a conclusion.

4. Keep a Record of Details -- The steward should keep a written record offactual information gathered during an investigation. Much of thisinformation may not be included in the presentation of the grievance or theappeal. But you can never be sure some information will not turn out to beimportant later on, so hold on to this record so that it can be used later, ifneeded.

5. Say it First, Then Write it -- Some stewards find it helpful,before writing the appeal, to explain the grievance to someone else. In thisway, they can often find the words to use before they sit down with paperand pen. When you do start to write, you will not have to think so hardregarding what to write. Use your own words rather than failing into the trapof trying to sound like a lawyer. The attempts to use legal terminology caneasily backfire for those not trained in this field, and help you to lose yourcase instead of winning it.

6. Write Legibly -- It is not important whether your appeal is typed orwritten in longhand. It is important that it can be read. If your appeal ishandwritten, write carefully and with a black marker or ball point pen, sothat your statements can be duplicated.


7. Copies -- Normally, the appeal should be completed with an original andtwo copies: (1) original to the installation head or designee; (2) copy tosteward; and (3) copy to Administrative Vice President for the files.

Meeting With The Employer 1 of 2

MEETING WITH THE EMPLOYER:SUGGESTIONS FOR PRESENTING THE GRIEVANCE

1 FRAMING THE ISSUE(S)

2. CONTRACTUAL OR OTHER PROVISION(S) VIOLATED

3. PRESENTATION OF THE FACTS: The preparation andpresentation of the grievance should be structuredstep-by-step: 1) contentions of the grievant, 2) who, what,when, where, and why, and 3) detailed statement of facts andthe evidence to support such facts.

4. INVESTIGATIVE EVIDENCE: All evidence such as witnessstatements, printouts, diagrams of the operation,illustrations, National position papers, transcripts from otherarbitrations, etc., should be cited here and numbered asExhibits 1, 2, 3, etc.

5. CORRECTIVE ACTION: The corrective action should be germane tothe grievance and only in the amount necessary to make the grievantwhole.

6. SUMMARY: The summation of the grievance should include astatement of the facts, the evidence submitted to support the facts,the article(s) violated, and the appropriate corrective action.

Role of the Steward and Grievant

Before the Step 1 discussion/meeting, the steward should reach a clearunderstanding with the grievant on several points:

If at all possible, the grievant should be present at the Step 1meeting. If the grievant's presence causes heat but little, if any, light,in the interest of resolving the complaint, the grievant should beasked to leave.

Meeting With The Employer 2 of 2

The steward and the grievant should agree on the generalapproach to management regarding the substance of thearguments and tactics to be used. The steward should make itclear that he or she is the spokesperson. The grievant shouldonly speak when requested to do so by the steward. If thesteward is unable to control the grievant, the steward shouldask for a recess, take the grievant to a private location, andclarify the grievant's role during the grievance meeting.

Key Points 1 of 1

KEY POINTS

Unions, and therefore shop stewards, have a duty to accept a grievance,and investigate it thoroughly. The courts require accountability. Therefore,the following procedure should be followed.

1. Accept the grievance from the grievant. Listen to the grievant.Ask questions for clarification (the 5 W's: who, what, where,when, and why).

2. Once you understand the grievant's complaint, repeat thecomplaint in its entirety to the grievant.

3. Then ask the grievant whether you left out anything,

4. End the interview by stating to the grievant, "is their anythingyou would like to add?"

5. Investigate all facts.

6. Examine all related data, documents and facts.

7. Consider how the facts and documents support the issue. Ifthere are any gaps, double check your material, and gather anyother necessary material.

8. Consider the objective of the grievance and a properadjustment or remedy.

9. Outline your presentation and decide what your approach to thesupervisor will be.

10. Present the grievance at Step 1 as follows: The steward shouldmake a full and detailed statement of the facts, contention ofthe grievant, contractual provisions involved, and remedysought.

Grievance Checklist Contract 1 of 12

GRIEVANCE CHECKLIST


CONTRACT GRIEVANCE CHECKLIST

CITE: 1. Relevant contract Articles and Sections; (always include Article 19to open up all sections of Postal Handbooks and Manuals), Article 5 when youcan prove past practice, and Article 2 when you can prove discrimination.Local Memorandum of Understanding (LMOU) provisions when relevant.

2. Arbitration decisions that are similar to the present situation andsupport your arguments on the contract language.

3. Public Laws and Postal Policies (including headquarters letters andstep 4 agreements) when Local management's actions are not in compliance.

CORRECTIVE ACTION: Should always be to make employee(s) or the Unionwhole in all respects and to cease and desist the violations. Our contractdoes not allow for "punitive damages" or to demand discipline of anybody.Make sure the corrective action is for the proper persons or your wholegrievance can be invalidated.

1. Investigate, investigate, and investigate again before filing Step oneor deciding it is not a grievance.

2. If you cite an Article as violated, explain how in the grievancenarrative. Also quote or include the Violated contract languageitself.

3. Include all evidence necessary to prove every statement you makein the grievance narrative. If you have no proof, it is just argument- not facts.

4. Index all exhibits and refer to each one (by number) in the grievancenarrative.

5. Use lined notebook paper to write additional narrative pages andPRINT with black ink.

6. Include all information requests, interview notes, time extensions,and management responses in the grievance package.


7. Always request the Supervisor's Step One Summary (PS Form2608) prior to the Step two meeting. Respond to it and include it inthe grievance file.

8. Always file a Corrections and Additions to dispute the written Steptwo decision and point out what management is ignoring in thegrievance file.

9. Record each step of the grievance process in the branch grievancelog and keep the employee informed of its progress.

10. All grievance time limit extensions must come from the nexthigher step in the grievance procedure and be in writing.


ART. 7.2 (CROSS CRAFT) GRIEVANCE CHECKLIST

CITE: Articles; 7.2, 8.5, & 19 (if contrary to automation staffingguidelines) & 15.3 (if previously grieved and settled) andArbitration; Bloch (1982) Case # A8-W-0656.

CORRECTIVE ACTION: Pay the appropriate and available Mail Handlers atthe overtime rate for all hours improperly worked by clerks at primary craftMail Handlers duties (-hours and - -minutes). Cease and desist assigning suchwork to the clerk craft in the future.

1. List of clerks performing Mail Handier functions to include;name, specific work performed, starting time and ending time.

2. Individual clock rings 81 Attendance Inquiry of each clerk for theentire day in question.

3. Operation clock rings 76 Attendance Inquiry ((in at least thirtyminute increments)) of operation clerk(s) were clocked on toduring the time in question. This is especially important if thedispute involves automated equipment with fixed staffing levels.

4. Individual witness statements from clerks and/or Mail Handlersstating everything contained in item #1 above.

5. Copy of the clerk bids to show their normal job.

6. Copy of Mail Handler bids, JSA's, assignment sheets, L-M minutes,LMOU provisions, past grievance resolves, or statements from MailHandlers who do (or have done) the disputed duties on a regularbasis. Because of JDRP, a copy of the relevant portions of thebranch inventory of operations after April 29, 1992 or priorwalk-through results should be included as well.

7. Overtime and volume records from SPLY and the immediatelysurrounding few days to prove; A: It was NOT an exceptionallyheavy workload period for the Mail Handlers while at the same time;B: It was NOT an exceptionally light workload period for the clerkcraft.


8. Copy of clock rings for any clerk PTF's who worked more than fourhours and/or any clerk casuals working at the time of theViolation.

9. Copy of Mail Handier schedule, overtime desired list, overtimetracking chart and seniority list to prove which Mail Handler(s)were available and should therefore be paid.

10. Copies of; Information requests, supervisor's Step One Summary(PS FORM 2608), written step two decision, index of exhibits and allevidence to disprove management's contentions.


ART. 8.5 (OVERTIME) GRIEVANCE CHECKLIST

CITE: Article 8.5 and Improper By Pass Overtime Memorandum & LMOUOvertime Desired List Provision.

CORRECTIVE ACTION: Pay the appropriate and available OTDL MailHandler(s) for all hours worked improperly by non-OTDL employee(s) (-hours and - minutes).

ORGive OTDL Mail Handler(s) similar make-up opportunity(ies) within ninety daysfor all hours worked improperly by other OTDL employees.

1. Copy of Mail Handier Overtime Desired list

2. Copy of Mail Handler Seniority List.

3. Copy of Mail Handier overtime tracking chart.

4. Copy of Mail Handier work schedule.

5. Copy of Mail Handlers' bids (especially in regard to higher levelovertime).

6. Copy of license or other proof that the person passed over wasqualified.

7. Copy of LMOU provisions for OTDL and Sections (where relevant).

8. Copy of clock rings for all Mail Handlers used on overtime andthose denied overtime during the period in dispute [ for PSDSoffices, obtain Employee Activity Report (EARS)].

9. Proof of a prior practice If employees are called at home for NSD orearly overtime.

10. Description of work performed to include evidence of whethercritical time frame was involved or not.


11. Prior Labor-Management minutes if this has been a recurringproblem on that Tour and/or section.

12. Be sure to state exactly when and how the overtime was calledand by whom.

13. Copy of 1987 Joint Contract Interpretation Manual (front, backand Art. 8.5).

Ideally, there should be no gaps between the overtime worked by the juniorOTDL or non-OTDL employee and the hours the grievant(s) were available. Ifa gap existed, you must demonstrate a continuing pattern for non-criticalovertime work (i.e.: sack room, BBM prep on Tour III, etc ... ).


ART. 13 (DENIED LIGHT DUTY) GRIEVANCE CHECKLIST

CITE: Articles 13.1 - 13.5, 5, 2 & 19 and any relevant LMOUprovisions.

CORRECTIVE ACTION: Make employee whole in all respects forimproperly denying him/her the opportunity to work light duty.

1. Copy of employee's written request for light duty submitted to theinstallation head.

2. Copy of physician's statement of clearance for return to work,restrictions, diagnoses, prognosis.

3. Copy of employee's release of medical information to unionrepresentative.

4. Copy of installation head's written notice of reasons for theinability to reassign employee.

5. Copy of Postal contract Physician's examination and/or duty statusreport and recommendation.

6. Identify all work by operation, function, and time frame that wasperformed during the period in question that met the employee'srestrictions.

7. Identify by name, craft, and D/A code employees who performedwork within this employee's restrictions either improperly or in anon-guaranteed pay status during the period in question. Thesepersons can be light duty persons from other crafts, full dutycasuals or PTF's, or light duty Mail Handlers on overtime.

8. Identify by name, craft and D/A code comparison employees whowere granted light duty within the grievant's restrictions during theperiod in question or during similar workload periods in the past.


9. Copy of clock rings, light duty notices and witness statementsregarding these other employees performing work that should havebeen assigned to the grievant.

10. Copy of LMOU provisions and negotiation notes regardingassignment of light duty.

11. Copy of employee's 3971's and pay stubs for the period deniedlight duty.

12. Copies of subsequent doctors bills and documentation developedprior to placing employee back to work so they can be included inthe make whole remedy when the employee was required to submitadditional documents even though the original was adequate (Toinclude mileage).


ARTICLE 14 (UNSAFE CONDITIONS

CITE: Articles 14 and 19, (EL&M provision chapter 8), Supervisor SafetyHandbook (EL-801), and previous OSHA violations still existing.

CORRECTIVE ACIION: That hazardous and/or unsafe condition(s) becorrected and made safe.

1. Copy of previous or current OSHA violation pertaining to theviolation or unsafe condition.

2. Copy of any previous grievances or past Hazard Reports (PS FORM1767) filed on the same or a like condition.

3. Copy of any safety committee minutes pertaining to asimilar violation.

4. Copies of any ( supervisor's 1769 Form report) if injury resultedfrom a previous unsafe condition of a like or similar nature.

5. Diagrams or pictures (if available) of the work area orunsafe condition.

6. Statements from individuals working in, or having knowledge of, theunsafe condition.

7. Evidence and contributing factors such as; worn equipment,congestion, uneven surfaces, etc..

The grievance should point out exactly what the unsafe or hazardouscondition is and why it represents a direct or possible unsafe condition tothe employee.


ARTICLE 25 (OBTAINING HIGHER LEVEL DUTY ASSIGNMENTS)

CITE: Articles 12, 19 and 25

CORRECTIVE ACTION: Post or upgrade as appropriate sufficient bids(list number and type) to comply with Section 234 of the Employee andLabor Relations Manual. Pay appropriate Mail Handlers for higher levelpay improperly denied them over the last six months.

1. 1 Copies of Higher Level Assignment Orders (PS FORM 1723) for asignificant period of time such as six months, documenting thecontinuous use of "relief employee(s) for over four hours a day atlevel five Mail Handier positions.

2. Copies of pay stubs and/or pay records if PS forms are notavailable or do not accurately reflect the daily hours used.

3. Copies of Key and Standard Position descriptions for thepositions in dispute.

4. Copies of the daily upgraded employee(s) existing bids.

5. Copies of Labor-Management minutes where the shortage of higherlevel bids was discussed.

6. Any surveys of the number of machines, existing number of bids,and additional number needed (by Tour).

7. Listing of all higher level grievance disputes over the six monthperiod.

This grievance (once documented) should be pretty easy to settle for anadequate number of additional bids. Minor gaps in your data are not asufficient reason to deny this grievance, neither should the factmanagement rotates the actual person used. The back pay would be a hardstretch even in arbitration. You should emphasize the daily problems forboth management and the Union in assuring the proper employees areavailable and used. The relatively small amount of additional pay this will costshould also be pointed out as well.


Group Leader positions should be sought where one supervisor (or 204B) isresponsible for two separate work locations (each containing five or moreemployees) not within sight of each other. In these cases you should stressthe economy, efficiency, morale and safety gains of replacing thissupervisor with a craft employee.

NOTE: PTF's should always be trained as higher level substitutes sothey can work the holidays Without having to force the regularemployees.

Discipline Grievance Checklist 1 of 18

DISCIPLINE GRIEVANCE CHECKLIST

CITE: Article 16.1 oust cause) and then other appropriate Sections asapplicable. Article 19 should be included in all cases of discipline sinceconduct is covered in various Handbooks and Manuals. Article 2 should beincluded only when you can prove disparate treatment under similarcircumstances. Arbitration decisions are useful only in determining acommon level of discipline and the effect of common procedural errors.

CORRECTIVE ACTION: Make employee whole in all respects, rescind thediscipline, expunge it from all files, and that It not be cited in any futureactions against the employee.

1. Always begin your investigation immediately, even if the employee isremoved from the premises or the level of discipline has not yetbeen decided.

2. Make sure all employees are aware you are available to assist ininvestigative interviews but that s/he must request that you bepresent. During interviews take notes, call time outs and object toor ask for clarification on improper questions.

3. Interview everyone involved and anyone around the area of theincident including the supervisor (and take and include your notes).

4. Request a complete copy of the Supervisor's Request forDisciplinary Action package and proof of a concurring official'sreview and approval.

5. Request comparison data on persons (including supervisors) yoususpect have committed similar offenses. Be prepared formanagement objections if you try to include prior settlements thatstate they are non-citable and non-precedent setting.

6. Include copy of current discipline letter.

7. Include copies of all grievant's prior discipline that was cited andany settlements related to them.


8. Witness statements should be:

Ø AFFIRMATIVE - "I saw .... I heard ... 0 not 01 didn't see....,I didn't hear..

Ø SPECIFIC - On 12/20/92 at approximately 0113 hours, Iwas standingn twenty feet from the exit in 010 when ...

Ø IN THE WITNESSES OWN WORDS AND HANDWRITING.

9. Never settle prior to step two without the grievant'sapproval.

10. Sometimes you can gain information not available in thegrievance procedure by filing an EEO complaint as well. Let themhelp your investigation,

11. Veterans can also file an MSPB appeal but must pick one forumover the other prior to step three. Do not withdraw their grievancewithout their written request.


ARTICLE 16 (ATTENDANCE) GRIEVANCE CHECKLIST

CITE: Article 16.1 & 2 and then ANY OF 16.3 through 16.10 as appropriate,Article 10.6 (sick leave) & 19(EL&M leave provisions) and then Article 2when you can prove others similarly situated were treated differently.

CORRECTIVE ACTION Make the employee whole in all respects to includeimmediately removing the discipline from all records and not cite it in anyfuture actions.

1. Copy of disciplinary action; LOW, suspension, proposed removal,etc..

2. Copy of supervisor's request for discipline package.

3. Copy of employee's statement and your investigative interview notes,depending on whether they help or hurt your case, you may includethem in the Union's file.

4. Copy of all 3971's for the dates cited in the disciplinary letter.

5. Copy of the employee's (and any comparison's) 3972's for the lastyear.

6. Copy of all doctor's statements provided to USPS by employee forthe period.

7. Copy of the CA-1 (Notice of Traumatic Injury) and CA-16 (Duty StatusReport) If some of the absences involve an on the job injury.

8. A copy of the elements of past record cited in the discipline letterand a copy of any prior settlements reached in regard to them.

9. A copy of any grievances filed over any incidence of AWOL cited and acopy of any settlements reached in regard to those incidents.

10. Documentation of any personal crisis during the period (car repairbills, deaths, divorce, etc.).

11. Copies of any awards or commendations employee has receivedfrom USPS.


12. EAP documentation if employee is now seeking or has successfullycompleted an EAP program (recently).

If management refuses to provide requested comparison data, mention thisin the grievance, list individuals you allege have a worse record, and theninclude Article 15, 17 and 31 as violated as well. You should then file aseparate Article 15, 17 & 31 grievance on this along with an Unfair LaborPractice charge with the NLRB. You have a right to request evensupervisors' attendance and discipline records when you can reasonablybelieve they have had attendance problems.


ARTICLE 16 (SAFETY) GRIEVANCE CHECKLIST

CITE: Article 16, Section 1 and others as applicable, Articles 14, and 19.Previous relevant OSHA violations still existing. OWCP regulations againstreprisal for filing injury claims.

CORRECTIVE ACTION: ' Make employee whole in all respects, rescind(disciplinary action), expunge it from all files and not cite it in any futureactions.

1. Copy of discipline letter.

2. Copy of all the employee's previous discipline, settlements andaccident reports.

3. Copy of CA-1, CA-16 and supervisors 1769 Form if injury resulted.

4. Copy of employee safety training record and safety talks managementcan prove s/he attended. Witness statements documenting the unsafebehavior as a common practice and that management condones theunsafe behavior.

5. Copy of all relevant past Hazard Reports (PS FORMS 1767) onconditions that contributed to the injury.

6. Copy of Safety and Health Committee minutes wherecontributing unsafe conditions were discussed.

7. Copy of latest Job Safety Analysis (JSA) for the employee's position.

8. Copy of all discipline and grievance settlements for other employeespreviously involved in similar incidents.

9. Copy of any awards or commendations the employee has received.

10. Documentation of any pre-existing medical conditions or drugs theemployee was taking that may have contributed to the injury. (As longas s/he had previously reported them to USPS).

11. Evidence of contributing factors such as; excessive overtime, high mailvolume, congestion, uneven surfaces, etc.


12. In some cases It may be particularly difficult for the Union. Theemployee who was injured has usually already sworn out a statementto process the CA-1 before the Union got involved. The thrust of yourcase must therefore be that the working conditions were bad (eventhough management had been previously notified) or the employee wasnot properly trained. Otherwise, we must switch back to the oldstandards of; procedural flaws, punitive rather than corrective ordisparity of treatment.


ARTICLE 16 (THREATS) GRIEVANCE CHECKLIST

CITE: Article 16.1 and other sections as applicable, Article 19, (EL&Mprovision 666 for comparisons or if the employee was provoked) and Article2 when others have been treated differently. Arbitration case # C8C-4F-D21306, Williams (1981) (the five criteria for what is a threat).

CORRECTIVE ACTION: Make employee whole in all respects, rescinddiscipline and remove from all employee records and not cite the incident inany future actions.

1. Copy of disciplinary action; LOW, Suspension, Proposed Removal,etc..

2. Copy of supervisor's request for discipline package and proof ofconcurring official's review and approval.

3. Copy of Postal Inspectors report (Inspectors Memorandum or IM)and any other information he provided to management.

4. Copy of all witness statements and written request to interview allinvolved after reviewing their statements. Include employee'sstatement of events.

5. Copies of all interview notes associated with thisincident (your's and management's).

6. Copy of the elements of past record cited in the discipline and acopy of any settlements reached in regard to them.

7. Copy of any complaints or other records regarding improperconduct on the part of the other person involved in this incident.

8. Copy of discipline, settlements and Postal Inspectors report on allcomparison employees.

9. Request specific list of management's efforts to inform thisemployee of the rules regarding this type of improper behavior andthe likely result of violating ft.

10. Documentation of any personal crises being experienced by thegrievant at the time of the incident (divorce, death, drugs, etc.).


11. Documentation of common 'shop talk' of a similar nature amongthe work force.

The EL&M provisions on conduct apply to "all employees" (includingsupervisors) so any recent management incidents are legitimatecomparisons as well. Your focus should be to: dispute the validity of thecharges (or charger), minimize the seriousness of the conduct, offermitigating factors and/or prove such conduct has been commonly tolerated.


ARTICLE 16.7 (EMERGENCY SUSPENSION) GRIEVANCE CHECKLIST

CITE: Article 16.1, 16.7, Article 19, and Article 2 when you can proveothers similarly situated were treated differently.

CORRECTIVE ACTION: Make grievant whole in all respects and returnhim/her to duty immediately.

1. Copy of all witness statements, involving the incident that causedmanagement to send employee home.

2. Request to interview all persons involved and who work in the areaof the incident.

3. Copy of Postal Inspector's report, interview notes and anystatements given to him/her by other employees.

4. Request to review any photographs and/or videos of employeeperforming improper acts.

5. Request to interview grievant in a non-work area of the facility onthe clock at the earliest possible date.

6. Request to schedule investigative interview between managementand grievant at earliest possible date.

7. Copy of employee's statement concerning the conduct at issue.

8. Copies of relevant data for all comparison persons you intend touse.

9. Written explanation from management for all delays in completingtheir investigation and returning the employee to work.

This last, because while management may contend this is a contractualissue and not discipline, the burden is on them to prove they did not actarbitrarily, capriciously or without due regard to the employee (i.e., timelyinvestigation). If they have just cause to and the employee's conduct meetsthe conditions stated in Article 16.7, then the case is generally decided intheir favor. These cases should be investigated and filed immediatelyand IN ADDITION TO any grievance on the discipline later imposedDo not waft until management decides on an appropriate discipline. Even if


they place the grievant on administrative leave, s/he is being deniedovertime, night differential, etc.. The longer s/he is out, the more severethe action management will generally impose. The subsequent discipline thatmay result is a separate grievance. You cannot combine the emergencysuspension and the later decided discipline unless management subsequentlyagrees at step two.


ARTICLE 16: DISCIPLINE AND JUST CAUSE


SECTION 16.1 STATEMENT OF PRINCIPLE:

Article 16.1 encompasses two basic principles:1. Discipline should be corrective in nature, rather than punitive.2. Discipline, discharge should be for Just Cause.

PROGRESSIVE DISCIPLINE

In industrial practice, discipline is often "progressive" or "corrective" innature. A warning letter is tried before suspension; suspension beforedischarge. Penalties are designed to be corrective if possible.

POSTING AND ENFORCEMENT OF RULES

Employees are not entitled to a notice warning of obvious infractions suchas stealing. But for most of the rules, the company is required to postplant rules in prominent places, or issue them directly to employees. Therules should be clear, reasonable, and fairly applied.

UNFAIR TREATMENT

The company should exercise even-handed treatment. Did the companyhave a rational explanation as to why it acted the way it did? Was thetreatment unequal? Was it discriminatory? Did the supervisor provoke theoffense? Was the penalty reasonable? Did the punishment fit the crime?

PRIOR RECORD

Generally speaking, if the employee is not guilty of the alleged offense,then his past record, good or bad, is irrelevant. But if he did commit theoffense which gave rise to the disciplinary action, it is proper to look at hisentire employment record in determining the penalty to be imposed.As one arbitratorput it:

To fail to look at his record would require that we judge each episodein a vacuum and would deprive an employee of the opportunity ofcapitalizing upon a past record of good performance and behaviorwhich should be cash in the bank to him. But if we accept the good inmitigation of the offense, we should be prepared to examine thatwhich is not so favorable.


REASONABLE RULES

What did we mean when we said that the company should formulatereasonable rules, and publicize them as well as consistently apply them?Standing alone, the phrase "reasonable rules" suffers from certainfundamental defects. The phrase is vague and uncertain. It is not specificin concept and susceptible to arbitrary application. The reasonable rulesconcept must be viewed within proper perspectives. Offenses must berecognizable.

Arbitrators agree that offenses fall within two general classes; easilyrecognizable offenses and less recognizable offenses.

RECOGNIZABLE OFFENSES ARE:

1. Stealing;

2. Striking a supervisor or co-worker; and

3. Persistent refusal to obey a legitimate order.

OFFENSES LESS RECOGNIZABLE ARE:

1. Tardiness;

2. Absence without permission; and

3. Careless workmanship

The less recognizable offenses do not call for discharge for the firstoffense. Notwithstanding, some milder form of discipline is frequentlyinvoked. On this point, notice that Article 16.1 states that "no employeemay be disciplined or discharged except for just cause...".


JUST CAUSE - ARTICLE 16

The term is commonly used in contractual provisions to safeguardworkers from disciplinary action which is unjust, arbitrary, orunreasonable.

Disciplinary action may also be lacking 'Just cause" if the penalty bears noreasonable relationship to the offense. The just cause discharge generallyrelates to an employee's conduct directly connected with his/her work.When defined in the agreement, just cause for discipline includes suchoffenses as dishonesty, theft, insubordination, fighting on the job,inefficiency, repeated absence or tardiness, intoxication on the job, anddestruction of company property (Not an exhaustive listing).Below is a list of seven questions to ask in determining just cause fordiscipline. A "no" answer to any one of the following questions wouldnormally indicate that just cause for discipline does not exist:

1. Was the employee given advance warning of the possible orprobable disciplinary consequences of his/her conduct?

2. Was the rule or order reasonably related to the efficient and safeoperation of the business?

3. Before administering discipline, did the employer make an effort todiscover whether the employee did in fact violate a rule or order ofthe company.?

4. Was the employer's investigation conducted fairly and objectively.?

5. Did the investigation produce substantial evidence of proof that theemployee was guilty as charged?

6. Has the employer applied its rules, orders, and penaltieswithout discrimination?

7. Was the degree of discipline administered reasonably related to;

A. the seriousness of the offense; and

B. the employee's record of company service?


ARTICLE 16.8 REVIEW OF DISCIPLINE

A. In no case may a supervisor impose suspension or discharge uponan employee unless the proposed disciplinary action by thesupervisor has first been reviewed and concurred in by theinstallation head or designee.

However, Arbitrator Alan Wait stated in COM-4D-D 5841: This provisiondoes not require reversal or modification of a discipline or removalsince 16.8 of the National Agreement requires only that theinstallation head or designee review the supervisor's proposeddisciplinary action. It cannot be assumed that the concurring officialdid not examine the various documents upon which the discharge wasbased.

However, there are other schools of thought considered by Arbitrators indetermining just cause:

1. The employer should enjoy reasonable discretionary power to prescriberules of conduct.

2. The employer should publicize rules either by direct publicationor by consistent enforcement.

3. The employer should apply disciplinary policies seriously andwithout discrimination.

4. The employer should regard industrial discipline as corrective - notpunitive.

5. The employer should avoid arbitrary or hasty action when confrontedwith a situation.

6. The employer should look at each situation in light of theemployee's disciplinary record.

7. The employer should tailor the discipline to fit the offense.

Still, another arbitrator listed the following criteria in evaluatingjust cause for discipline:


Equal treatment - All employees must be judged by the samestandard and the rules must apply equally to all. However, this doesnot mean that the same penalty must always be given for the sameoffense.

Rules of reason - Even in the absence of a specific provision, acontract protects employees against unjust discipline and permits achallenge to any company procedure that threatens to depriveemployees of their rights.

Internal consistency - The pattern of enforcement must beconsistent, whether a company disciplines on a case-by-case basis oruses a rule book.

Personal guilt - Even though two employees are involved in the sameact of misconduct, the same penalty need not be issued to both. Suchthings as prior disciplinary record may be considered.

DETERMINING JUST CAUSE FOR DISCIPLINEIn determining whether or not there is just cause for any particular discipline,the arbitrator must consider the sufficiency of the evidence to establish awrongful act, and the appropriateness of the discipline imposed.