The ultimate measure
of a man is not where
he stands in moments
of comfort and
convenience, but
where he stands at
times of challenge and
controversy.
~Martin Luther King Jr.
For years, the officers and stewards of branch 246 have been preaching about
certain things we feel letter carriers must know; things like breaks, lunches, 3996’
s, 1571’s, MSP’s, DOIS, etc. Well, for the stewards in Kalamazoo, we hope
those ‘lessons’ we have preached have been taken seriously because you will
likely be tested soon, if not already. Don’t bother scrambling around looking for
all those newsletter articles to catch up on this stuff; I have provided a refresher
course right here.
What prompted this letter? Our new postmaster has gone out of her way to
ensure our supervisors and managers are accountable . . . something that has
not happened during my career with the Postal Service. On the surface, many
of you are probably thinking, good, it is about time! As the Union agrees this
has been a long time coming, the Union also recognizes the manner in which
Ms. Kim Quayle is throwing around her weight and we realize . . . things will get
worse before they get better.
Corrective action is a hot topic these days. Discipline for attendance is at the
forefront and our new postmaster has made it clear to her supervisors that
something must be done to us, or something will be done to them; it is their
choice. Well, our supervisors must have decided it would be ‘us’ getting the
discipline, as one sick call after a job discussion got one carrier a threat of a
letter of warning. In essence, our postmaster has made the naïve assumption
that if we receive a job discussion for attendance, we seemingly cannot call in
sick; which is a violation.
Breaks & Lunches
These are entitlements that have been negotiated for us that we not only
deserve, we are required to take; contractually.
Article 41.3.J states the following in relation to rest breaks:
National Arbitrator Britton ruled that the Postal Service
must ensure that all employees stop working during an office break.
Contractual breaks must be observed and cannot be waived by employees.
(H4N-3D-C 9419, December 22, 1988, C-08555)
Please do not skip or shorten these entitlements. I will explain more as to why
we only hurt ourselves when we skip them when I cover DOIS, later in this memo.
3996/1571
If you believe your route will take more than eight hours to case and deliver all
the mail at your case, you must fill out a PS Form 3996 to notify your supervisor
as soon as you discover and believe you will require more than eight hours
(verbal communication of this fact is sufficient, but you are still required to fill out
the form). This allows our supervisor the opportunity to make a decision. If the
instructions you receive are to curtail mail, be sure to fill out a PS Form 1571
(cut slip) and remember, just because it is bulk rate does not necessarily mean it
is not preferential mail. For instance, if standard mail is received at Miller Road
on Monday, it must be delivered by Wednesday; otherwise, it is delayed
preferential mail. Also, if mail is curtailed from the tubs, it is considered
preferential.
Section 458.2 of the Postal Operations Manual states:
b. If Standard Mail is mixed with a higher class of mail (e.g., First-Class
Mail) in such a manner as it loses its identity, the Standard Mail must be
considered upgraded and treated as the higher class of mail.
If our supervisors instruct us to curtail mail, it is very important to ensure we
report it correctly and under the heading ‘Remarks,’ write, “Per supervisor
instructions.” The Union has always encouraged letter carriers to ask for a
completed copy of both the 3996 and the 1571. Our supervisors are only
required to provide us copies of these forms upon our request. It is up to you
what you do, but these items can be what may very well protect your job one
day; just ask the carriers in Battle Creek if these forms are important.
MSP
In a National Arbitration settlement, it explains MSP as follows:
The Managed Service Points (MSP) initiative is a national program
intended to facilitate management's ability to assess and monitor city
delivery route structure and consistency of delivery service. The following
reflects the parties' understanding of MSP:
MSP does not set performance standards, either in the office or on the
street . . .” It goes on to state, “MSP data may not constitute the sole basis
for disciplinary action. However, it may be used by the parties in
conjunction with other records to support or refute disciplinary action
issued pursuant to Article 16 of the National Agreement”
D.O.I.S.
Where do I begin? DOIS does not determine your day! Never has and it never
will . . . unless you decide to let it.
Our supervisors are being instructed to nag and scrutinize letter carriers daily.
Not sure that is exactly how the message is being delivered to them, but
undoubtedly, our new OIC has added an emphasis to DOIS unlike anybody we
have dealt with in Kalamazoo. That being said, you need to know that your
stewards will work tirelessly to ensure your rights are protected, but we need
your help. We need you to do the following:
Take your breaks and lunch, fill out the 3996 and 1571, and make your scans . .
. when you get there. Do not get hung up on your times, just do the best you
can and scan it when you get there. Our feeling in branch 246 is if you give a
good effort and do the things you are supposed to do, the time you get there is
the right time.
Some words of caution:
As I noted above regarding MSP, its purpose is to facilitate management's ability
to assess and monitor city delivery route structure and consistency. Whether
we believe this is their actual purpose for MSP scans or not does not matter; it is
what our National officers agreed to. If your scan times are consistent
throughout the day and suddenly there is a 1 hour spike in your scan time, our
supervisors will ask why. We are required to give them an answer. This is
where it gets tricky. They may not like our answer. An answer like, “I don’t
know” will probably not make them happy because . . . well, what are they going
to tell their boss? They will likely be directed to watch trends of spikes in our
times and then drive to a location on our route at the time they believe we
should get there and wait. Not sure exactly what this will accomplish but it may
be documentation they will use in a case if they feel we are not giving an honest
effort. MSP scans have become a very important topic for our craft . . . a built-in
babysitter that we must not ignore.
As you have probably realized, the “white boards” are no longer being utilized in
Kalamazoo. Dan Shannon filed a grievance and made a phone call for us on
one day and the next day they were gone. Think the guy knows magic or
something.
Back to DOIS – we must remember that DOIS is only a tool, as evidenced in a
signed agreement on July 30, 2007 which states:
“The Delivery Operations Information System (DOIS) is a management tool
for estimating a carrier’s daily workload. The use of DOIS does not
change the letter carrier’s reporting requirements outlined in section 131.4
of Handbook M-41, the supervisors scheduling responsibilities outlined in
section 122 of Handbook M-39, or the letter carrier’s and supervisors
responsibilities contained in Section 28 of Handbook M-41. DOIS
projections are not the sole determinant of a carriers leaving or return
time, or daily workload. As such, the projections cannot be used as the
sole basis for corrective action . . .”
Keep in mind, they cannot assume time is being wasted; they must discuss any
alleged time-wasting practices with us and they should be respectful when
they do it; as should we be with them. For them to assume letter carriers are
intentionally not making their DOIS numbers is improper. Accusations that you
did not “make the numbers” need to be reported to a union steward as soon
after it occurs as possible. This trend has picked up as of late and I expect it will
continue, at least until we have enough DOIS grievances to get outside
attention. This is a violation and your claim will be investigated as a potential
grievance. We ask that you provide us with what was said during your
discussion, as branch 246 intends to stop this confrontational management
approach before it gets out of hand. If you are unable to come to agreement
on your leave or return time, you have the right to ask for a steward; we
strongly encourage you utilize this right.
Article 17.4 of the Joint Contract Administration Manual (JCAM) states:
An employee must be given reasonable time to consult with his or her
steward, and such reasonable time may not be measured by a
predetermined factor. (Step 4, H1C-3W-C 44345, May 9, 1985, M-00303)
If you feel any discussion may result in discipline, you have the right to ask for a
steward to be present. Branch 246 advises not to answer any questions until
the steward has been provided. They do not have to tell you your rights
however; they must allow you to exercise yours if you inform them of your desire
to do so.
How does this all come together you ask?
Well, if we are not properly filling out our forms, it is hard to prove our routes are
too long; this documentation is important. If we ever skip working our N-mail on
a day because we are going to be over or casing on another route, it is hard to
justify when they want to add to our route. If we skip our breaks or lunch the
numbers used while adjusting our routes will not reflect, forcing us to continue
skipping them to be done within the time we have proven we can, prompting
further aggravating scrutiny.
Letter carriers can talk, so long as they are working and not being disruptive.
One of those rules we have never been made to stringently adhere to.
Apparently our new postmaster believes we have potential to be more
productive and is mandating our supervisors to do the “little things,” like
question everything we do, to include casual conversation.
Sick leave
I hope you noticed the link on the web-site regarding a new program soon to be
implemented that will aid our supervisors while tracking sick leave usage. It is
difficult, if not impossible, to make them understand that when they work us to
death, we get sick. Doing our job is a difficult task 5 and 6 days a week, but
unfortunately, hiring new employees is not on their ‘to do list.’ Here is my
suggestion:
When you clock in, focus on your job, but not on their numbers. Make an
honest effort every day and do not skip those entitlements we continue to point
out. When you clock out at the end of your day, you should be no more
exhausted than when you clocked in. What does that mean? Do your best, but
nothing more. If you have not discovered already, the harder you work, the
more work you will receive. If we allow them to work us to death, they will. Being
understaffed is not our problem unless we make it our problem, which many of
us have. If we continue to prove we can get all the vacant routes completed with
the staff we have, we will continue to deplete our staff through injuries and the
rest of us will be forced to pick up the slack.
Mandatory overtime will undoubtedly occur this summer as vacations hit, and at
times, mandatory overtime is the proper way for our supervisors to manage.
However, if mandatory overtime in your office becomes an everyday occurrence,
staffing grievances will be filed, but your Union will need to be informed if this is
happening. I have no doubt that many of us will be incredible discouraged this
summer so please let us know when the mandatory overtime is issued.
As always, branch 246 suggests that letter carriers give their best effort every
day, with the understanding that every day is different, sometimes a lot
different. Letter carriers that are putting forth effort are very easily defended
when our supervisors begin trying to change what they perceive as poor work
habits through discipline. Keep in mind that our supervisors cannot legitimately
issue discipline to a letter carrier because they did not make the numbers,
unless they can prove the carrier(s) is not giving an honest effort. As mentioned
above, this cannot be assumed or perceived; it must be observed and an
attempt to correct the alleged time-wasting practice must occur for it to ‘stick.’ If
you receive any form of discipline for anything, let a steward know immediately
upon receipt of said discipline.
Protect Yourself; Don't Be a Victim
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