SJ Area Offices: Management Performing Bargaining Unit Work

We’re getting reports on management performing bargaining unit work without properly using the ODL. We need to either email the dates and times, fill out the forms we’ve sent through the information line, or use the forms in the office and fax them to (856) 228-2627. If there’s any concern of retaliation, the ELM is clear on this.

ELM 911.1: Right to Participation
Each postal employee has the right, freely and without fear of penalty or reprisal, to form, join, or assist a labor organization or to refrain from any such activity. Each employee is protected in the exercise of such rights. Except as specified in 911.3, this right extends to participation in the management of the organization and acting as an organization representative. It includes presentation of the organization’s views to officials of the Postal Service, officials of the Executive Branch, the Congress, or other appropriate authority.

If management is claiming to handling the mail under Article 3 in the CBA, Emergencies. This is how it’s defined in the JICM, not just a free pass to mis-manage.

Article 3.F gives management the right to take whatever actions may be necessary to carry out its mission in emergency situations. An emergency is defined as “an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.”

Staffing is not an emergency. A sick call is not an emergency. Allowing this to continue will never correct the problem and management will keep taking away jobs. We need to nip this in the bud

ELM Section 437 and PS 3074 Waiver involving 1.6.b Global Payment LOD

From: Lamont Brooks / Assistant Director

It is important that the local union and/or employee follow up on the request for a waiver by requesting a copy of the completed form to include the backside of the form.

On the backside of the form, it requires additional fact circumstances from the Postmaster/Installation Head.

In most cases, it supports the employee/former employee’s reasoning for why the overpayment should be waived.

This completed form should be in your Article 15, 19 and 28 grievance.

You need to also make sure that you later include the final disposition of the waiver request including the appeal in your grievance file from USPS Gary Laurant.