INTRODUCTION In a perfect world, supervisors and postmasters would always abide by the National Agreement and the interpretations contained in the JCAM. There would be no need for a process to resolve disputes and no need to train stewards in dispute resolution techniques. Unfortunately, letter carriers (and also managers) don’t often work in a perfect world. In fact, union and management agree that, due to circumstances that cannot always be controlled, disputes will continue to arise. Fortunately, the two sides also agree that it is in everyone’s best interest to resolve disputes as quickly and fairly as possible. The dispute resolution process that union and management have agreed upon is outlined in Article 15 of the National Agreement. The process must be used correctly, however, to achieve a proper resolution. This booklet is intended to give shop stewards some background information to help understand the techniques of dispute resolution. It is not intended to simply be used as a “template” that applies to every possible dispute involving every possible scenario, but rather as a foundation upon which sound judgments can be based. The fact is that every dispute is unique no matter how similar the topic. A successful shop steward must become familiar with dispute resolution techniques, and histories, and then make the proper judgments required to resolve disputes. The information provided within is divided into three sections. The first section is called “Understanding the Dispute” and includes advice on how to determine the facts of the dispute and the rules that apply to the situation being addressed. The second section is called “Utilizing the Process” and is a detailed description of the requirements of Article 15 and how the process must be applied when appealing a grievance. The third section is called “Making the Argument in Writing” and gives some practical tips on how to properly compose and organize a grievance appeal. The techniques and suggestions described inside were drawn from a variety of N.A.L.C. materials. Region 5 would like to acknowledge N.A.L.C. Executive Vice President (and former National Business Agent in Region 2) Jim Williams for his assistance in providing many of the materials upon which this booklet is based. Arthur W. Buck

National Business Agent, Region 5

TABLE OF CONTENTS Page 1. UNDERSTANDING THE DISPUTE 3 “AN OUNCE OF PREVENTION” 4 INVESTIGATING GRIEVANCES 5-8 INTERVIEWING WITNESSES 9-10 IDENTIFYING THE RULES 11-20 2. UTILIZING THE PROCESS 21 THE PROCESS OF ARTICLE 15 22-44 3. MAKING THE ARGUMENT IN WRITING 45 FACTS, RULES, AND CONTENTIONS 46-58 REMEDIES / ADDITIONS & CORRECTIONS 59-60 GRIEVANCE FILE EVALUATION 61-62 DISPUTE RESOLUTION FORMS 63-66 ELM & HANDBOOK SHORT-CUTS 67-71

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SECTION 1

UNDERSTANDING THE DISPUTE BEFORE ANY DISPUTE CAN BE RESOLVED, THE STEWARD MUST FIRST UNDERSTAND THE NATURE OF THE DISPUTE, AS WELL AS ANY RULES THAT APPLY TO THE ISSUES INVOLVED.

TOPICS

“AN OUNCE OF PREVENTION”

INVESTIGATING GRIEVANCES

INTERVIEWING WITNESSES

IDENTIFYING THE RULES

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“AN OUNCE OF PREVENTION” Most experienced stewards would agree that addressing a “potential” dispute before it evolves into something that requires the filing of a grievance saves everyone involved a lot of time, trouble, and sometimes expense. Not only does a pro-active approach to dealing with management make resolving disputes easier, it also can lead to an overall improvement in the total work environment. Taking a pro-active approach can easily be summed up in two words:

CONSISTENT COMMUNICATION Schedule regular meetings Many offices have regularly scheduled meetings between stewards and supervisors to discuss the overall status of delivery operations within the unit. This kind of meeting allows the steward to express any potential concerns he, or she, may have concerning the city delivery operation. It also allows the supervisor to express to the steward any problems being encountered that may be influencing decisions that affect letter carriers. Pro-actively, and honestly, discussing any perceived problems can often “nip in the bud” situations that might ultimately lead to the need to file a grievance. Offer to consult on scheduling In some offices the supervisor consults with the steward when determining the following week’s schedule. This is especially helpful in offices where attempting to keep O.D.L. lists equitable is a reoccurring problem. By jointly interpreting the equitability of the lists, and how advance requests for leave might affect the equitability, stewards can help alleviate the most common headache in larger offices; overtime distribution. The same reasoning can also be valid in the daily assignment of overtime. When the need for overtime arises on a given day, the supervisor can consult the steward before actually awarding the overtime in an attempt to control equitability.

REMEMBER: AN OUNCE OF PREVENTION IS BETTER THAN A POUND OF CURE!

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INVESTIGATING GRIEVANCES

“What if the supervisor won’t cooperate, or communicate?” There are many offices where, no matter how hard the steward tries to be pro-active and tries to communicate; the supervisor is not receptive to either communication or cooperation. In those offices disputes will inevitably arise. Perhaps the best advice, to begin with, is to treat each dispute as professionally as possible. Too many times, unapproachable supervisors create an atmosphere where emotion wins the battle with reason and grievances become “grudge matches” between the two sides instead of joint “dispute resolution”. In some cases, a steward’s professionalism can calm the emotions of both supervisor and grievant and allow for a just resolution of the dispute at the lowest level. In other cases, even a calm supervisor and professional steward cannot agree to a just resolution of a particular dispute. That is why our National Agreement has included in Article 15 the process both sides have agreed is the most efficient way to resolve disputes. The first important part of the Dispute Resolution Process is to thoroughly investigate the dispute. Article 15 defines a grievance, in part, as: “a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment” Article 17, Section 2.B gives the shop steward the right to investigate a grievance or to: “investigate a specific problem to determine whether to file a grievance”. This does not mean that the steward has a license to go “fishing” in an attempt to find something to file a grievance on. Much as the police must have “probably cause” to conduct a search in criminal law, a shop steward should show “good faith” when requesting both time, and documentation, for the purpose of grievance investigation. When investigating a grievance, or potential grievance, it is critical to remember this rule:

HONOR THE D.R.P. TIMELINE

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As illustrated in the above diagram, grievance investigations must be conducted in a timely manner. If the process is not initiated by scheduling an Informal Step A meeting within 14 days, it will be considered untimely.

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INVESTIGATING GRIEVANCES The following is an outline of the steps that should be taken by the Steward when he/she becomes aware of a situation which might result in a grievance: STEP 1 Request time from the manager to conduct an initial interview with the person who brought the situation, or incident, to your attention. This may only take five or ten minutes. Find out generally what happened and let the individual know that you will get back to him/her as soon as possible to find out additional details. If you are certain that there is no contractual violation, let the person know and ask if there is anything else you can do to help them with the situation. STEP 2 If it appears that a grievance might possibly exist, notify the immediate supervisor of the situation and advise him/her that you will be requesting time to conduct a thorough “JOINT” investigation and discussion of the dispute as soon as practical, but within the 14 day Informal A timeline. A sample REQUEST FOR STEWARD TIME form is included in the forms section at the back of this booklet (page 66). If appropriate, have the grievant participate in a preliminary discussion. A pro-active discussion between the grievant, the steward, and the supervisor can sometimes allow the parties to resolve the dispute before the filing of a grievance becomes necessary. STEP 3 If no resolution is reached, request steward time to research information to determine whether or not to continue processing the grievance. This would include time to research the National Agreement, JCAM, MRS, and other relevant NALC and USPS publications and manuals. Most of these agreements and manuals are also available on-line at www.nalc.org if the hard-copy versions are not readily available. (Some examples of the types of downloadable information that is available at the web-site are included on pages 13-20 of this booklet.)

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STEP 4 Submit a REQUEST FOR INFORMATION FORM (also included in the forms section at the back of this booklet on page 65) to the supervisor detailing the documents, records, and other information that you have determined to be relevant, or that could be relevant, to the grievance. Also request that witnesses, craft as well as management, be made available for the steward & supervisor to interview jointly. However, the steward is allowed to interview the grievant privately. Also request time to jointly review the requested information and witness testimony. STEP 5 Review the documentary evidence supplied by management. Make your own copies on which you can mark or highlight pertinent data. DO NOT MARK ON ORIGINALS, OR COPIES THAT ARE SUPPLIED TO YOU. STEP 6 Thoroughly interview all persons who have information that may be relevant to the grievance. This would include the grievant(s), manager(s), and any witnesses. Obtain each person’s version of the events. Get the full story and make sure you understand each person’s point of view. Listen closely and avoid interrupting. Ask questions to clarify the story in your own mind. Take accurate, and legible, notes of all interviews and request that those interviewed provide a written statement. STEP 7 Once again, review relevant material noted above in STEP 3 concerning the issues raised in the grievance. If necessary, seek guidance from local union leaders or the National Business Agent’s office to determine if additional information is needed. Prior grievances on the same, or similar, issues should also be reviewed to determine how those grievances were resolved. If, after completing all of the above, you determine that there is no grievance inform the manager as well as the complainant. If you determine that there are sufficient grounds to file a grievance, you must utilize the process, and adhere to the time-lines, outlined in article 15. That process is described in detail in Section 2 of this booklet beginning on page 22.

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INTERVIEWING WITNESSES

The following is an outline of some of the information that should be elicited during an interview with a grievant, supervisor, or other witnesses when investigating a potential grievance. Not all of the information listed below will be needed from every witness, in every grievance. The amount, and type, of information required will vary depending upon the nature of the case and the part the witness played in it. 1. GENERAL INFORMATION a. Full Name b. Nickname c. Home Address d. Phone numbers; home, work, cell, etc. e. Social Security Number / Postal I.D. Number f. Seniority Dates; USPS, craft, local (if a transfer) g. Work location, pay location h. Current assignment; level, step i. Veteran status 2. POSTAL EXPERIENCE a. Where started, what craft, how long b. Positions held; T-6, Router, On-the-job-instructor c. Awards; Safe Driver, Sick Leave or Attendance, Performance Award d. Management Experience; 204-B, supervisor, etc. – When, how long, and the reason why he/she is no longer in management. 3. UNION EXPERIENCE a. Current position b. Other offices held; which ones, when, how long, etc. c. Special training d. Grievance handling or local negotiation experience

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4. OTHER WORK EXPERIENCE a. Prior employment b. Prior military service c. Outside interests 5. ANY PRIOR ADVERSE ACTIONS a. Discipline; Letters of Warning, Suspensions, etc. b. Administrative; Restricted Sick Leave, Step Deferral, Driving privileges suspension or revocation, Letter of Demand c. When? Why? Was it grieved? Why / why not? What was the outcome? 6. QUALIFICATION TO TESTIFY a. I saw, I heard, I was issued, I was told, the same thing happened to me once, etc. b. Expert qualifications 7. WHAT HAPPENED a. Date, time, location b. Where witness was, what witness was doing c. Where others were, what they were doing d. What witness saw e. What witness heard f. What witness said g. What witness felt, perceived or understood h. How witness reacted 8. AFTERMATH a. Was there a meeting, or discussion, with management b. When and where was the meeting c. Who was at the meeting d. What was said or done at the meeting e. Was any action taken as a result of the meeting IF YOU NEED TO KNOW THE ANSWER, ASK THE QUESTION!

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IDENTIFYING THE RULES

After conducting a thorough investigation of a potential grievance and developing a comprehensive understanding of the facts provided by both documents and witnesses, the steward must decide what rules apply that govern the dispute. Developing a successful grievance file requires more than just accusing management of “violating the contract”. The steward must prove that a particular action violated a particular provision, so identifying the proper rule is critically important. As mentioned throughout this booklet, there is no standard answer to every possible scenario. There is no crystal ball to peer into for “magical” answers, and no internet search engine where typing in the issue at hand results in pages of possible violations. However, identifying the rules has never been easier. A decade or two ago, shop stewards had no other option but to carry around a copy of the National Agreement, the somewhat bulky JCAM, an equally bulky notebook full of the MRS files, perhaps a binder full of the USPS – ELM, and “just in case”, copies of the M-39 and M-41. In those times, it was not unusual to see many of those shop steward reference materials looking pretty tattered and torn from overuse. After all, the only way to understand what is contained in those manuals is to open them up and read them, over and over again. In addition, once a particular provision was identified as being relevant to the issue at hand, producing a copy of it to include in a grievance file sometimes required “tearing the page out” to obtain a clean copy. Of course, putting the page back in was never quite as easy as tearing it out. While it remains sound advice to open those reference materials and read them over, and over, today’s stewards have the advantages of modern technology. More and more stewards have access to either a branch-owned computer, or their own PCs or laptops. With new larger hard-drive data storage capability, stewards can download digital copies of the National Agreement, the JCAM, the MRS files, plus a multitude of other sources of information (both NALC and USPS) relevant to grievance handling from the NALC’s website www.nalc.org and save them in their own computers. One of the obvious advantages of digital documents is the ease with which they can be researched and reproduced. No more tattered and torn pages and no more having to tear out a page to make it fit into the copying machine. Once a relevant provision from a particular manual has been identified, the steward simply chooses the “print” option from the file menu at the top of the page, lists the desired page(s) and clicks “print”. Another

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advantage is that volumes of reference materials that once filled an entire car trunk can now be stored in a laptop computer barely the size of one small three-ring binder. If a computer’s storage capacity isn’t large enough to store all the available reference materials, they can be browsed on-line and printed from the web-site if internet access is available. To access materials related to the grievance procedure, first go to www.nalc.org and then choose CONTRACT ADMINISTRATION from the DEPARTMENTS drop down menu at the top of the page. That will open the CONTRACT ADMINISTRATION reference page and display another menu on the left side of the page. That menu, among other things, includes links that open digital copies of the National Agreement, the Joint Cam, MRS, FMLA, Compensation, and assorted USPS manuals. The following pages show actual pages taken from the on-line versions of the JCAM, the MRS files, NALC PUBS, and USPS Manuals. The chosen examples are intended to illustrate information available on two of the most common disputes that stewards are asked to resolve and other resources that are available. The first example (pages 14-15) is the concept of “Just Cause”. As will be discussed in Section 3 Making the Argument in Writing, the question that must be answered in any discipline related grievance is “did management have Just Cause to issue the discipline”. However, understanding what “Just Cause” consists of can be hard to determine. Fortunately, pages 16-1 and 16-2 of the JCAM provide valuable definitions of what arbitrators have traditionally considered to be the basic principles of “Just Cause”. To access the pages on-line, click on Joint CAM from the left menu to open the JCAM page and then click to open PDF. When the JCAM opens, simply scroll to pages 16-1 and 16-2 to view the material, just as you would in the hardcopy version. The second example (pages 17-18) is from the MRS files and details the Joint Statement on Overtime, dated June 8th, 1988. To view the pages on-line click on MRS from the left menu to open the Materials Reference System page and then click on Browse the MRS Index at the right (about mid-page). Issues are listed alphabetically in the MRS as opposed to by Article in the JCAM. Select overtime from the issues menu and scroll to pages 225 and 226. Page 19 of this booklet is the page displayed by clicking on NALC PUBS from the left menu and provides links to several other NALC publications. Page 20 of this booklet is the page displayed by clicking on USPS manuals and provides links to the M-41, M-39, ELM and other Postal Service publications.

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13

14

15

16

17

18

19

For helpful “ELM & Handbook shortcuts” see pages 67-71.

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SECTION 2

UTILIZING THE PROCESS

ONCE THE DISPUTE HAS BEEN INVESTIGATED, AND THE RULES THAT GOVERN THE ISSUE HAVE BEEN IDENTIFIED, A RESOLUTION CAN BE ACHIEVED BY UTILIZING THE PROGRESSIVE STEPS OF THE GRIEVANCE PROCEDURE AS OUTLINED IN ARTICLE 15 OF THE NATIONAL AGREEMENT.

TOPICS

INFORMAL STEP A

FORMAL STEP A

STEP B TEAMS

TYPES OF DISPUTES

FACTS, RULES, AND CONTENTIONS

GRIEVANCE REMEDIES

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THE PROCESS OF ARTICLE 15 INFORMAL STEP A A. PREPARING FOR THE MEETING If after completing a grievance investigation, the steward determines there is no cause for a grievance, the supervisor should be so notified. However, if the steward determines a valid grievance exists, the immediate supervisor should be notified as soon as possible of the need to schedule an Informal Step A meeting to discuss the matter. The steward should inform the immediate supervisor of the specific nature of the grievance in order for the supervisor to be prepared to discuss the case during the meeting. The meeting should be scheduled as soon as practical but within 14 days of the date of the incident being grieved. It is best to file the grievance within 14 days and agree to an extension for further file development if necessary. Prior to the meeting, the supervisor should also become familiar with the issues involved and investigate the matter as necessary. The supervisor may wish to seek guidance from local management, or labor relations officials, if necessary. While there is no requirement that the steward supply the supervisor with copies of documents prior to the meeting, the early sharing of information can facilitate resolution of the dispute and is encouraged. B. INFORMAL STEP A DISCUSSION As noted above, grievances concerning only one employee may be initiated (filed) by the affected employee (grievant) or the employee may be accompanied and/or represented by a steward. However, the grievant is not required to be present at the Informal Step A meeting if he/she is represented by a steward. The decision as to whether the grievant will attend the meeting is between the grievant and the steward. If a letter carrier files his or her own grievance, management must give the steward, or other union representative, the opportunity to be present during any portion of the discussion which involves adjustment, or settlement, of the grievance. Grievances that involve more than one employee are called “Class Action” grievances. Such grievances are normally initiated by a steward on behalf of a class, or group, of affected employees. It is not necessary for the individual

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names to be listed when the grievance is filed, however, it may become necessary to do so on the proposed remedy. The parties should allow each other full opportunity to present and discuss all matters relevant to the grievance and must work together to ensure that each grievance is fully developed factually and contractually. Relevant documentation should be exchanged as necessary. Both parties must use the JCAM as their guide to the contract. The representatives have an obligation to the employees and to the Postal Service to find out who, what, when, where, and why, and to make absolutely sure they have all the facts. The steward and supervisor have the authority, and flexibility, to resolve as many problems as possible before they become grievances and, if the other’s stand has merit, admit it and correct the situation, even if it means reaching a compromise that is consistent with the contract and appropriate precedents. C. TYPES OF DISPUTES Article 15, Section 1 of the National Agreement defines a grievance as: “A dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment.” Thus it is apparent that, from the beginning, the parties recognized that there would be issues, or events, or incidents that occur over which there would be disagreement. The mere fact that a difference exists does not mean that there has been a breach of faith by one of the parties. The contract acknowledges that from time to time the parties may simply have different points of view. The Dispute Resolution Process established in Article 15 is the method by which the parties agreed that they would express and resolve their disputes. Understanding the basis for the disagreement goes a long way toward reaching a resolution and taking steps to lessen the likelihood of recurrence. For the most part, grievances arise from either a disagreement over the facts, a dispute concerning the application of the contract, or a difference in interpretation of the language of the contract itself. A grievance may include all three aspects of dispute. In order to illustrate the distinction between the different types of disputes, let’s use the following scenario: A regular carrier who is not on the ODL informs his supervisor at 2:00 p.m. that he will need 30 minutes of auxiliary assistance in order to

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complete his assignment in eight hours that day. The only auxiliary assistance available is an ODL carrier who would have to travel across the zone to provide the assistance. The supervisor tells the carrier that he will have to work the overtime on his own route because it would require 15 minutes of travel each way to provide auxiliary assistance and it is not reasonable to spend 1 hour to provide 30 minutes of assistance. Factual Disputes A factual dispute is one where the parties disagree over specific and objective details. Normally, such disputes are resolved through the testimony of witnesses or the production of documentary evidence. In the scenario above, there may be a factual dispute concerning the travel time. The supervisor claimed that the round-trip travel to and from the route is 30 minutes. Let’s say the steward disagrees and claims that the travel time is closer to 5 minutes each way rather than 15. This is a dispute over which is the more correct, or true, statement. In order to resolve this dispute, the parties will need to look at the evidence that is available. This evidence will be evaluated in light of mutually accepted standards. In this case, the relevant and accepted standard for determining the correct time would be to actually record how long it takes to drive to the route rather than estimate, or assume, that it takes a certain amount of time. This time would be measured by an objective standard such as the supervisor’s, or the steward’s, wristwatch (www.mapquest.com is a resource for determining mileage). Witnesses may give testimony, or write statements, stating how long it took to drive that route or records from a previous route inspection may also be reviewed. Whichever party produces the best evidence to support their version of the facts will generally prevail in a factual dispute. For purposes of this scenario, let’s say that it has been determined, or agreed as an undisputed fact, that the average time to travel to the route is 6 minutes each way. This fact is no longer in dispute. Now the parties must apply the contract to the established facts. Contractual Application Apart from the facts of a case, the parties may disagree as to how the language of the contract, or other rules and regulations, should be applied to the situation at hand. Such disagreements are less likely to be resolved by

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objective criteria or the production of evidence. Generally, the resolutions of such disputes are determined by the application of precedent rather than standards. The parties will look at previous grievance decisions, such as Step 4’s or arbitration awards, or may rely upon memoranda issued by higher level officials. In some situations, resolving the factual dispute also resolves the grievance. Most likely, such would not be the case in our scenario. Although the supervisor was proven wrong about the travel time, he may still feel justified for requiring the carrier to work overtime. The manager points out that Article 8.5.C.2 of the National Agreement states: Recourse to the “Overtime Desired” list is not necessary in the case of a letter carrier working on the employee’s own route on one of the employee’s regularly scheduled days. The steward, on the other hand, believes that Article 8.5.G is the contractual provision which should be applied in this situation. According to the steward, the controlling language is: Full-time employees not on the “Overtime Desired” list may be required to work overtime only if all available employees on the “Overtime Desired” list have worked up to twelve (12) hours in a day or sixty (60) hours in a service week. At first look, these two contractual provisions seem to contradict each other. The one cited by the supervisor appears to allow management to require non-ODL employees to work overtime on their own routes on a regularly scheduled day without first assigning employees from the ODL. The language cited by the steward requires management to assign employees from the ODL as long as the 12/60 hour limitations have not been reached. This is not a dispute that can be resolved by eyewitness testimony, or submission of evidence, documenting what factually took place. The dispute is no longer about what took place, but rather about which is the proper contractual provision to apply to the facts of the case. To resolve this type of dispute, the parties will have to look beyond the language itself and determine if the dispute over the application of these provisions has been previously resolved. Evidence of such precedence would be in the form of language contained in the JCAM, arbitration awards, or Memorandums of Understandings.

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In our scenario, the resolution of the dispute concerning which is the proper provision to apply to this set of facts is found on 8-14 of the JCAM which provides in part: “management is not required to use a carrier from the ODL when the travel time would be excessive for the amount of assistance given”. So, now the issues in this scenario are narrowed down even further. We have agreement on the facts. We have agreement on the proper contract language to apply to the facts. But the grievance remains unsolved because the steward firmly believes that 12 minutes of travel time to provide 30 minutes of assistance is not “excessive”. Now the dispute is over the meaning of the language of the contract, i.e. the word “excessive”. Contract Interpretation Resolving issues of contract interpretation requires the parties to consider several factors. These include principles of contract interpretation based upon the contract itself as well as matters beyond the written agreement. Concerning the contract language; some of the principles applied include whether or not the language is clear and unambiguous, does the language speak in specific versus general terms, the context in which the language is used, and how the language itself fits within the contract as a whole. Factors to consider apart from the language itself include; the intent of the parties that drafted the language, then negotiating history of the parties, and how the parties have interpreted the language in the past. Concerning our dispute, we find the December 12, 1988 Memorandum of Understanding on page 8-24 of the JCAM in which the parties have agreed that it is “not reasonable to require a letter carrier to travel 20 minutes to provide one hour of assistance”. We must now apply that rationale to the facts of our case in which a carrier would have had to travel 12 minutes to provide 30 minutes of assistance. The issue as to whether or not this amount of travel is “excessive” must now be resolved by the parties applying the interpretation provided in the JCAM. If they are unable to do so, the issue will ultimately be decided by a third party. D. DURING THE MEETING The steward and supervisor should each make a good faith effort to resolve the dispute. Neither should view the filing of a grievance as a personal

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matter. The parties are encouraged to focus on the problem and the contract rather than on the persons involved. Areas in which the parties are in agreement should be sought in order to more clearly identify areas which remain in dispute. During the discussion of the grievance, both parties should work to maintain an atmosphere of mutual respect. They should allow each other to fully present their respective views and actively listen to what is being presented by the other party. They should respectfully ask questions of one another, for clarification, but should avoid interruptions. During the Informal Step A discussion, the supervisor and the steward (unless the grievant represents him/herself) have the authority to resolve the grievance in whole or in part. While either representative may consult with higher levels of management, or the union, on an issue in dispute, the parties to the initial discussion of a grievance retain independent authority to resolve the dispute. Normally, the parties should be able to determine whether the issue can be resolved on the day of the meeting. However, there are occasions where the supervisor may wish to discuss the matter with another manager or the steward may wish to check with the grievant, or another union official. Both should be flexible in this regard while recognizing that the time limits are running, and absent an extension, the union has only seven (7) days from the date of the Informal Step A meeting to appeal the case to the next step. E. SOME PRINCIPLES OF DISPUTE RESOLUTION In principle, resolving disputes over the contract should be easy. All the supervisor and steward have to do is read what the contract and the JCAM say about a particular matter, determine what the language means, and take the appropriate action. However, in reality, it rarely works that way. Resolving disputes can be very difficult and many times the matter in which the parties attempt to resolve their differences ends up causing more disputes. One of the reasons for this is that both parties bring more to the table than just the dispute and the contract. Perhaps, without even realizing it, in addition to facts and contractual provisions, the parties are also bringing their personal views, biases, and motivations about the issue, the people involved, about each other, and about themselves. Another reason is that rather than viewing a grievance as a problem to be jointly resolved, they see it as a battle to be won.

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We should recognize up front that it is entirely natural for a supervisor to become defensive when faced with a grievance. More often than not, a grievance directly challenges a decision made by that same manager. No one likes to have their mistakes pointed out, or their judgments called into question. On the other hand, no one should expect perfection, as we are all human, and we all make mistakes. The aim of the grievance procedure should be to discover and acknowledge where these mistakes have taken place, repair any harm that may have been done and prevent them from happening in the future. Much has been written on the subject of dispute resolution. It is generally recognized that there are three basic ways to resolve disputes: by determining who is more powerful, by determining who is right, or by reconciling respective interests. It should be pointed out that the NALC and the Postal Service operate almost entirely within a rights-based system. That is, the labor-management relationship is governed by a comprehensive set of rules set forth in the National Agreement, the JCAM, relevant handbooks and manuals and so forth. Therefore, it will be necessary for the parties to look to these objective criteria for determining whether or not a violation has occurred. However, once that is established, the parties must then agree on how to resolve the matter. It is here that the parties have freedom. The resolution of disputes is more likely to occur if the parties make a concerted effort to apply the following principles when discussing the matter in question: Separate the people from the problem. Focus on the issues, not the people involved in them. It is the manager’s action or employee’s behavior that should be the focus of the discussion, not the individuals themselves. To begin, the steward and the supervisor should first identify the issue(s) in dispute without taking positions, or expressing opinions, on how it should be resolved. Discuss what is known (facts), identify interests, and establish an objective. The parties should have an open and frank discussion about the matters involved and should remember that 50% of any discussion is listening to the other person. Rather than thinking ahead about how to respond to the other person, the listener should be focusing on what is being said.

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The parties should outline what their respective interests are in the case. That is, they should identify their needs, desires, concerns, fears, and goals – the things they care about or want. These underlie the stated positions, and are the real objectives behind what each side actually says they want. When examined unemotionally, the parties often find that they actually have some interests in common. Generate options or possible solutions. The steward and the supervisor should discuss various possible ways to resolve the dispute without taking a hard stand on any one of them. The benefits and drawbacks of each option should be explored. Select the best approach. The parties should then select the approach that best helps both sides to meet their objectives and ensure that the solution conforms to the National Agreement and the JCAM. Communicate and act. Once an agreement is reached, the parties have an obligation to follow through with the settlement. The settlement should include and understanding of how it will be communicated to others and who will take what steps to implement it. F. INFORMAL STEP A SETTLEMENTS If the parties are able to resolve the grievance, it is advised that the settlement be documented in writing. It is recommended that PS Form 8190 (Joint Step A Grievance Form) be used to memorialize resolutions reached at an Informal Step A Meeting. Article 15, Section 2 provides that no resolution reached at Informal Step A shall be precedent for any purpose. What this means is that settlements reached at Informal Step A are not intended to reach beyond the issues raised in that particular grievance. In other words, it is improper for an Informal Step A settlement to address how future violations will be resolved. The purpose of Informal Step A is to allow front-line supervisors and shop stewards to resolve disputes informally. It is not intended to establish installation-wide policies, create additional rights or mandate obligations

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beyond those needed to resolve the specific dispute. This does not mean that the union cannot seek such a remedy. However, the contract specifically provides that it must be achieved at Formal Step A or higher. This does not mean that Informal Step A settlements cannot be cited for historical value. They may be referred to in order to show that a particular dispute was resolved, or to demonstrate that a particular violation has occurred in the past; in order to demonstrate that management had prior knowledge of the rules for the purpose of proper remedy. But, the terms of that prior settlement may not impose any obligations upon either party regarding the settlement of any subsequent grievance. G. APPEALING TO FORMAL STEP A As noted above, if the parties are unable to resolve the grievance during the Informal Step A meeting, the union may file a written appeal to Formal Step A within seven (7) calendar days after the meeting. The steward and supervisor must print their names on, and initial, the Joint Step A Grievance Form to confirm the date of the Informal Step A filing discussion. The time limits for filing a grievance at Informal Step A, or appealing to Formal Step A, may be extended by mutual agreement for further file development. The steward appeals a grievance to Formal Step A by completing the Informal Step A portion (lines 1 – 13b, between the bold black lines) of the NALC-USPS Joint Step a Grievance Form (PS Form 8190) and sending it to the installation head, or designee, along with joint documentation. Over the course of time, the union and management in each individual installation have developed their own method for handling appeals to Formal Step A. In some cases, the steward mails or faxes it to the Postmaster. In other places, it is handed to the supervisor who forwards it to the appropriate official. In order to avoid any misunderstandings, and possible claims of an untimely or improper appeal of a grievance, it is suggested that the local parties discuss the process and make sure they are in agreement as to how it is to be done. When appealing a grievance to Step A, day 1 is the day following the date of the discussion. In appealing any grievance beyond Informal Step A, a union representative has until the last day to mail the appeal. Thus, the appeal must be postmarked on the seventh (7th) day following the Informal Step A discussion (for example, on the 10th if the discussion occurred on the 3rd). To avoid problems, union representatives should not wait until the last possible day.

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FORMAL STEP A A. DESIGNEES The installation head, or designee, represents management at Formal Step A. The union Formal Step A representative is the NALC Branch President, or designee. In any associate post office of twenty (20) or less employees, the employer shall designate an official outside of the installation as the USPS Formal Step A official, and shall so notify the Union Formal Step A representative. B. GRIEVANCE NUMBERS It is the responsibility of management to obtain a Greivance Arbitration Tracking System number for the grievance upon receipt of the appeal to Formal A. In order to have the number by the time of the Formal Step A meeting, a copy of the form should be sent to the appropriate GATS entry official as soon as the U.S.P.S. Formal A representative receives the file. While it is necessary for every grievance appealed to Formal Step A to receive a GATS number, the local parties should not delay processing a grievance simply because the number has not been received. The union is responsible for giving the grievance a local union number (in accordance with the local’s numbering system) as well. This should be done prior to the appeal to Formal Step A. C. SCHEDULING THE MEETING Following receipt of the appeal, the management Formal Step A designee shall contact the union Formal Step A designee as soon as possible to schedule a meeting to discuss the grievance. This meeting should be held as soon as possible but no later than seven (7) calendar days after the installation head receives the Joint Step A Grievance Form, unless the parties agree to an extension. Failure to do so may result in the union appealing the case to Step B without a Step A meeting in order to protect their time limits. When this happens, resolution of the grievance is delayed. Normally, the Team will remand a case which is appealed without the benefit of a Step A

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meeting if it is determined that the failure to contact the union was due to an oversight, or was otherwise unintentional. However, repeated failure of management to schedule a Formal Step A meeting in a timely manner could result in the Step B Team making a decision on the case as presented by the union or an intervention by the District Manager and the N.B.A.. D. PREPARING FOR THE FORMAL STEP A MEETING Once the meeting is scheduled, the management Formal Step A designee should become familiar with the issues involved and why it was not resolved at the lower step and may further investigate the issues involved in the grievance if necessary. The designee may also seek guidance from local management, or labor relations officials, if necessary. The advanced sharing of such information can facilitate grievance resolution and is encouraged. Neither side should attempt to ambush, or surprise, the other nor should information pertinent to the grievance be withheld. The process calls for, and expects, full disclosure at each step of the process. The designees should come to the meeting fully prepared to discuss the grievance and complete the Joint Step A Grievance Form. The union Step A designee should obtain the grievance file from the Informal Step A steward and review it for completion. The designee should also become familiar with the issue involved and why it was not resolved at the lower step and may further investigate the issues involved in the grievance if necessary. The designee may need to seek guidance from local union officials, or the National Business Agents’ office, concerning the grievance matter or review prior grievances on the same issue, or similar issues, to determine how those cases were resolved. The designee should prepare the case for the meeting including making copies of documents as necessary. Reasonable steward time should be allotted for these activities. In offices that have 20 or less employees (not counting rural carriers) the management Formal A designee must be from outside the affected installation. E. DURING THE MEETING At the Formal Step A meeting, each party shall describe their understanding of the facts of the case, the relevant contractual provisions involved, and provide a detailed explanation of their respective positions in

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the case. They shall cooperate in the exchange of all evidence relevant to the grievance. The union is entitled to furnish written statements from witnesses or other individuals who have information pertaining to the grievance. The Postal Service is also required to furnish to the union, if requested, any documents or statements of witnesses as provided for in Article 17, Section 3 and Article 31, Section 3. In non-discharge cases, the parties can mutually agree to jointly interview witnesses at the Formal Step A meeting. In discharge cases, either party can present two witnesses at that meeting – with additional witnesses possible should the parties so mutually agree. As provided in Article 17, Section 4, all witnesses present will be on the clock while traveling to and from the Formal Step A meeting, and while in attendance at the Formal Step A meeting. F. RESOLVING THE DISPUTE The parties’ representatives at Formal Step A shall have the authority to settle, or withdraw, grievances in whole or part. Both parties must work together to ensure that each grievance is fully developed factually and contractually. Article 15, Section 2, Formal Step A states that the parties must make the Formal Step A decision, and complete the Joint Step A Grievance Form, on the day of the meeting, unless the parties mutually agree to extend the time limit. This should be relatively simple if the parties agree to resolve the dispute. In such cases, the parties need only mark the “resolved” box and record the disposition (terms of the settlement) and date at the bottom of the PS Form 8190 Grievance Form. If the case is withdrawn by the union, the form is thus marked. The representatives shall print, and sign, their names noting their work telephone numbers and the date. Copies of the completed form must be sent to the steward, and supervisor, who failed to resolve the dispute at Informal Step A. The designees are also encouraged to explain the settlement to the steward, and supervisor, who discussed the grievance at Informal Step A to guide them in future cases. The Formal Step A representatives may also choose to remand the case to Informal Step A for further development. In such cases, the Formal Step A parties should provide written instruction to the Informal Step A representatives explaining why the case was remanded. (See page 43)

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G. UNRESOLVED AT FORMAL STEP A If, after fully discussing the case, the parties remain unable to reach common ground and resolve the case, they must complete the PS Form 8190 on the day of the meeting, although in much greater detail than if the case were resolved. Under the Dispute Resolution Process (now Article 15), the Joint Step A Grievance Form (PS 8190) is the official record of the grievance. The Joint Step A form should be completed in its entirety with each box being filled and appropriate signatures and telephone numbers provided. It is suggested that, rather than attempting to write in the unlimited spaces provided on the form, boxes #16 (undisputed facts), #17 (union’s disputed facts and contentions), and #18 (management’s disputed facts and contentions) should be completed on separate sheets of paper. These additional sheets should be attached to the Form 8190 rather than scattered throughout the file. #16 UNDISPUTED FACTS These are statistics, information, data, events, or experiences that the parties agree are true, or did occur. No case should be appealed without some undisputed facts. It probably doesn’t seem like it at times, but in most grievances the parties have more in common than it might at first appear. Even in the most contentious of cases, there are many facts that the parties should be able to agree are not in dispute. The local union and management designees can go a long way toward resolving those areas in which there is conflict if they will first try to identify those relevant facts that are not in dispute. The parties should at a minimum try to provide a narrative, or a list of the events leading to the dispute, and describe what happened. Surely, there are facts upon which the parties can agree. Each side should have an opinion of what the facts are; they merely need to find out which ones they have in common and list them. IT IS STRONGLY RECOMMENDED THAT THE PARTIES PROVIDE THEIR SIGNATURES AT THE BOTTOM OF THE LIST OF UNDISPUTED FACTS TO CONFIRM THAT THEY ARE IN AGREEMENT.

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#17 & #18 UNION AND MANAGEMENT DISPUTED FACTS AND CONTENTIONS The parties’ representatives list the facts that are in dispute and reference the documents in the file that support their respective versions of the facts. Also, the representatives explain in detail their positions on the case by listing their contentions in the grievance. Contentions are defined as arguments, assertions, opinions, beliefs, claims, or lines of reasoning. In essence, contentions are an explanation of how the representative believes certain facts should be interpreted in the light of certain rules. In the case of a grievance, this is where each party maintains what should be concluded when specific provisions of the contract are applied to what happened. It is suggested that each party begin by providing a narrative, or explanation, of their understanding of the facts. In other words, they should each describe from their own perspective exactly what happened. As they do so, they should make note of any evidence in the file that supports the facts. After describing what happened, the representatives should then explain why they do, or do not, believe there was a violation of the contract. Each reason should be listed and explained in detail. The parties should also note the specific contractual provisions that are involved and may refer to prior grievance decisions, and arbitration awards, which they believe support their positions in the case. Many stewards, and supervisors, have difficulty distinguishing between a fact and a contention. In essence, a contention is how you interpret certain facts in the light of certain rules… or in the case of a grievance, what you conclude when apply the contract to what happened. For example: The facts are: John Smith received a Letter of Warning on 3/1/2005. John Smith first approached his supervisor about filing a grievance on the Letter of Warning on 3/20/2005. The rules are: Article 15, Section 2, Informal Step A states: “Any employee who feels aggrieved must discuss the grievance with the employee’s immediate supervisor

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within fourteen (14) days of the date when the employee, or the union, first learned, or may have reasonably have been expected to have learned, of its cause.” Article 15, Section 3. B provides: “The failure of the employee, or the union, in Informal Step A, or the union thereafter, to meet the prescribed time limits of the steps of this procedure, including arbitration, shall be considered as a waiver of the grievance.” Therefore, the contention is: By failing to discuss the grievance within fourteen (14) days of receiving the Letter of Warning, John Smith has waived the grievance. An easy way to recall this is:

FACTS + RULES = CONTENTIONS

# 19 REMEDY REQUESTED / OFFERED This section should contain the union’s requested remedy, as well as any counter offers made by either side. H. REMEDIES Some of the grievances appealed to Step B are not disputes over the contract language, but over the appropriate remedy for the contractual violation that occurred. Many of these disputes are good faith disagreements as to what is fair and reasonable for both the affected employees and the Postal Service. Generally speaking, the purpose of remedies is to place the employees, and management, in the position they would have been had there been no contractual violation. There are three basic types of remedies: CEASE AND DESIST – (INJUNCTIVE RELIEF) The simple fact that the contract was violated does not mean that a monetary award is in order. A remedy ordering management to “Cease and Desist” is appropriate when there is no proof of harm, or loss, to an

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employee or when there is no evidence that the violation was repeated. The point of such a remedy is to educate the parties as to what the contract provides and to stop the violation from recurring. Just as the “punishment must fit the crime” in a disciplinary case, the remedy must fit the violation in a contractual case. Similarly, just as the level of discipline may increase if an employee’s misconduct continues, remedies may be enhanced with repeated violations of the contract. COMPENSATORY REMEDIES This type of remedy is appropriate when the contract violation has resulted in some harm, or loss, to an employee or group of employees. A compensatory remedy seeks to “make them whole” for these losses or to “restore the status quo” without being punitive in nature. Most arbitrators measure the damage to an employee by the harmed employee’s expectations, that is, what they expected to gain if the contract had not been violated. Generally, such remedies are monetary, but may also include re-crediting or granting of leave, reimbursement of expenses, or restoration of seniority or pay grade. PERMISSIVE OR ENHANCED REMEDIES Permissive remedies are damages on an increased scale awarded over and above what would compensate for the loss, or wrong. Normally, where the violation was done with repetition, oppression, malice, fraud, or wanton disregard, arbitrators have awarded permissive remedies to “send a message” to the violator. To put it another way, such remedies are designed to compel contract compliance. An example of each of these remedies can be found on pages 41-14 through 41-15 of the JCAM: Remedies and opting: Where the record is clear that a PTF was the senior available employee exercising a preference on a qualifying vacancy, but was denied the opt in violation of Article 41.2.B.4, an appropriate remedy would be a “make whole” remedy in which the employee would be compensated for the difference between the number of hours actually worked and the number of hours he/she would have worked had the opt been properly awarded.

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In those circumstances in which a PTF worked 40 hours per week during the opting period (or 48 hours in the case of a six day opt), an instructional “cease and desist” resolution would be appropriate. This would also be an appropriate remedy in those circumstances in which a NALC-USPS Joint Contract Administration Manual – February 2004 Page 41 – 15 reserve letter carrier, or an unassigned letter carrier, was denied an opt in violation of Article 41.2.B.3. In circumstances where the violation is egregious, or deliberate, or after local management has received previous instructional resolutions on the same issue and it appears that a “cease and desist” remedy is not sufficient to insure future contract compliance, the parties may wish to consider a further, appropriate “compensatory remedy” to the injured party to emphasize the commitment of the parties to contract compliance. In these circumstances, care should be exercised to insure that the remedy is corrective and not punitive, providing a full explanation of the basis of the remedy. In addition to the above, the JCAM provides specific remedies for several other violations. When determining the appropriate remedy for a violation, the parties should always check the JCAM to see if a particular remedy is prescribed. I. COMPLETING THE FORM It is recognized that in some cases, completion of the form may take a considerable amount of time. The parties are encouraged to schedule enough time to do so on the day of the meeting. The parties may also wish to complete their respective portions of the form after the meeting and then re-meet to exchange them. However, as noted above, the Joint Step A Grievance Form is to be completed on the day of the meeting, unless the parties mutually agree to an extension. The designees must legibly print their names, sign and date the form and provide the telephone numbers where they each can be reached during normal business hours.

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J. ADDITIONS AND CORRECTIONS The union may submit written additions and corrections to the Formal Step A record the Step B appeal within the time limit for filing an appeal to Step B. The filing of any corrections or additions does not extend the time limits for filing the appeal to Step B. A copy of the additions and corrections must be sent to the management Formal Step A representative. Management may respond by sending additional information to the Step B team which is directly related to the union’s additions and corrections provided that it is received prior to the Step B decision. A copy must be sent to the union Formal Step A representative. Any statement of additions and corrections must be included in the file as part of the grievance record in the case. A steward is entitled to time on-the-clock to write the union’s statement of additions and corrections. Normally, if the parties have fully developed the case at the Formal Step A meeting, additions and corrections from the union and a response from management should not be necessary. The presence of these documents in the file usually suggests to the Step B team that the file was not properly developed or the Step A meeting was deficient in some way. Therefore, it is in the local parties’ best interests to fully develop the case, and discuss all aspects of it, prior to deciding that it can’t be resolved at the Step A levels. K. PREPARING THE APPEAL TO STEP B If the grievance is not resolved at Formal Step A, the union may appeal it to Step B within seven (7) calendar days of the Formal Step A decision date (unless the parties have agreed to an extension for some justifiable reason). Appeals of grievances unresolved at Formal Step A are made in writing to the Step B Dispute Resolution Team and should include the following: Table of Contents Each file should contain a table of contents listing the documents contained in the appeal. Each document should be identified using a “post-it” type note, or some other non-permanent method of marking the exhibit. For example, if the table of contents lists the Joint Step A Grievance Form as exhibit “A”, a “post-it” note with the letter A would be placed on the form. Page numbers may be placed on pages that are not original documents.

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Joint Step A Grievance Form The completed form and attachments as described above must be included with the appeal. Triggering Document(s) The next item in the file should be the triggering document(s) in the case, if any. This might be a Letter of Warning, a suspension, or a removal notice in a discipline case. It could be an administrative action such as a letter placing an employee on restricted sick leave, a letter of demand, or an improper Form 50. The triggering document could also be a policy notice, a denied leave slip, or some other method of written communication in which the form, or content, is in dispute. Some cases will not have triggering documents, for example: a grievance challenging a request for medical certification. Documentary Evidence This is where “the rubber meets the road” for the documentary evidence contained in a file usually determines the outcome of the grievance. It does not matter how articulate, or persuasive, the arguments of a case are written if the documentary evidence is not there to support the arguments. Thus the saying “It’s not what you say happened that counts, but what you can prove happened.” Documentary evidence includes forms, documents, records, photographs, written statements, or other tangible items that prove, or are purported to prove, a fact. For example, the document used to establish whether someone is on the overtime desired list would be a copy of the O.D.L. itself. In preparing the documentary evidence for an appeal, the representatives should review each fact they seek to establish in the grievance and make every effort to ensure that there is some piece of written, or printed, evidence to prove it. Sometimes a single piece of documentary evidence can be used to establish more than one fact. Normally, it is necessary only to include one copy of the document in question. As with any documentary evidence contained in the file, care should be taken to avoid writing on, marking, or in any way altering or adding to an original piece of documentary evidence. Arbitrators loathe seeing original documents that have been obscured with circles and arrows and underscoring….even if done with highlighter type markers. If it is necessary

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to draw attention to something on a document, do so on a second copy which is attached to the original, or use a post-it type note. Never deface, alter, or mark on an original document. Investigatory Notes During the course of investigating a grievance, the shop steward, or manager, should take notes of conversations and interviews. There may be interviews conducted at the request of management, such as an investigatory interview. There may also be interviews that the steward has initiated while investigating the grievance. Normally, interview notes are considered as “hearsay” since, by themselves, they only establish what the steward, or manager, was told happened by someone else who actually observed it. Nevertheless, such notes are important as they record answers to pertinent questions relevant to the grievance while the events are still fresh in the witness’s minds. They may also be used to verify the consistency of witness’s accounts. Investigatory notes should be identified as to time, date, location, interviewee, others present, and authorship. As with other evidence, original notes should remain unaltered. If re-written, typed, clarified, or summarized, the original notes should be attached and included in the file. Contractual Cites and Prior Cases Copies of contractual language, or any handbook, manual, external law, or other provisions cited as a basis for the action or the grievance, should be included in the file. Prior arbitration, or grievance, decisions that are being cited for precedent or persuasive value should be included as well. As these are normally not considered as “evidence” they may be marked to highlight pertinent parts. Miscellaneous Items This is a kind of “catch-all” category for those items generated by the processing of the grievance itself. This includes items such as information and steward time request forms, extension letters, and mailing receipts. These also should not be marked upon, or altered.

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While the original file is always moved forward through the Dispute Resolution Process by the union representatives, each party should retain a copy of the entire file for their own records. These files may be needed for future reference, should the case be remanded by the Step B team, or impassed to arbitration. Once the file is completed, and copies have been made, the original file should be mailed to the appropriate Step B team. It is the responsibility of the union to ensure the file is appealed within 7 calendar days of the Formal Step A decision date (unless the parties agree to an extension of time for appeal). Management may provide a “penalty” envelope for this purpose, otherwise the union is responsible for providing the envelope and postage. L. STEP B DISPUTE RESOLUTION TEAMS The Step B Teams each consist of two Step B representatives – one appointed by the N.A.L.C. and the other by the Postal Service. The Step B representatives work together in pairs and attempt to resolve grievances jointly. Both Step B representatives are responsible for ensuring that the facts and contentions of the grievances are fully developed. The Step B representatives may restate, or change, a grievance’s issue statement as appropriate. The Step B teams must give priority to considering and deciding removal cases. M. CONTACTING THE TEAM FOR ADVICE / TRAINING Each Step B Team has its own practice concerning contact with the field. Generally, stewards may contact the Team concerning questions about processing grievances and the Dispute Resolution Process. In order to maintain the cooperative nature of the process, such calls should be made jointly by the supervisor and the steward. It is recognized that both parties are not always available, or willing, to make a joint call. Therefore, calls from one party will be accepted and based upon the nature of the question the Team will make a determination as to whether the other party should participate. In support of local pro-active efforts to prevent contract violations and the resulting grievances, the Teams are also available for general questions of contract application, or interpretation. However, the Team will normally not provide guidance on how any specific grievance should be resolved.

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Stewards seeking strategic advice concerning a specific problem, or grievance, should contact their branch officers or the N.B.A.’s office. Supervisors needing this type of guidance should contact local managers or Labor Relations. The Teams are also available, subject to authorization from the District Manager and N.B.A., to provide joint training at the local level regarding the process or in other areas of contract interpretation and application. Local parties may contact the Team regarding such needs. STEP B DECISIONS The Dispute Resolution Team must make a decision within fourteen (14) days after receipt of the appeal from Step A, unless this time limit is mutually extended. The written Step B decision will include a statement of the facts of the case, the contentions of the Step A parties, and provide detailed reasons for the Team’s decision. Step B decisions establish precedent only in the installation from which the grievance arose. In deciding a grievance, the Team has one of four options. The grievance may be resolved, remanded, impassed, or held in abeyance. Resolved A resolved Step B decision may be a compromise settlement, a decision to uphold the grievance in its entirety, or a decision that there is no basis for the grievance. In all three cases, the Step B team will produce a written decision stating the issue, the decision, and the detailed reasons supporting the decision. As part of the grievance procedure’s educational design, the Step B Team will attempt to explain the basis of the decision. When a grievance is resolved, the Step B team will send copies of the Step B decision to union and management Formal Step A representatives. Remanded The Step B Team’s decision may remand a grievance to the Step A parties with specific instructions for further development of the facts, or contentions, or for other reasons as the Step B Team may determine. When a grievance is remanded the parties Step A representatives must meet to discuss the grievance again within seven (7) calendar days after the remand

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is returned to Formal Step A unless otherwise specified in the decision. After that, the Formal Step A time limits and procedures apply to the remanded grievance. Normally, the grievance file is not returned to the local parties when a case is remanded. Therefore, the union and management should each keep a copy of the entire file for every case appealed to Step B. If the local parties are unable to resolve the remanded case, the union may re-appeal it to Step B using the same grievance numbers. A new completed Joint Step A Form (8190) and the Remand decision must accompany any re-appeal and any new information should be sent with the file. It is not necessary to resend documents that were in the original appeal. The Step B team will review both files when the case is discussed. Impasse If the Step B Team cannot resolve a grievance it issues a Step B decision called an “impasse”. A Step B impasse decision will provide an explanation of the dispute and both parties’ positions on the case. It will also include any additional facts and contentions not included in the Step A appeal. The Step B team sends a copy of the impasse decision to the N.A.L.C. National Business Agent and to the union and management Formal Step A representatives. In such cases, the origianl grievance file is sent to the N.B.A. and a copy to the District Labor Relations Office. A copy is also kept on file by the Step B team. Impassed cases are reviewed by the N.B.A. who may submit a request for arbitration within 14 days after receipt of the impasse report. Hold A Step B Team may also hold a grievance pending resolution of a representative case, or a national interpretive case, under the procedures described in Article 15, Section 3.D of the National Agreement. A copy of each Step B decision is sent to the Step A representatives, National Business Agent, District Manager, Area Labor Relations, District Human Resources, and the Grievance Arbitration Tracking System.

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SECTION 3

MAKING THE ARGUMENT

IN WRITING

THE ARGUMENTS PRESENTED AT THE INFORMAL A AND FORMAL A STEPS ARE MADE VERBALLY. IF NO SETTLEMENT IS REACHED AT EITHER STEP, THE APPEAL TO STEP B MUST BE MADE IN WRITING. HOW THE GRIEVANCE FILE IS WRITTEN AND ORGANIZED IS A CRITICAL FACTOR IN PERSUADING THE READERS TO ACCEPT THE UNION’S CONTENTIONS.

TOPICS

WRITING UNDISPUTED FACTS

WRITING THE UNION’S CONTENTIONS

GREIVANCE REMEDIES

ADDITIONS AND CORRECTIONS

GRIEVANCE EVALUATION

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PERSUASIVE GRIEVANCE WRITING

Writing grievances is one of the hardest parts of a steward’s job. Writing is hard for most people – even experienced writers – so agonizing over writing is not unusual. If writing is hard, good writing is even harder. It takes a lot of concentration and perseverance. It also takes a lot of practice. A willingness to re-write a first draft into something better is also beneficial. Each grievance is unique, so naturally the way each grievance should be written is also unique. However, there are some basic rules to follow when writing a grievance. First, writing should be clear and simple. Use short, simple words, and short, clear sentences. Keeping it simple is the best way to communicate your ideas to other people. Getting caught up in big, fancy words and long complicated sentences is usually a mistake. Remember that you are simply trying to explain what happened and why you believe it was a violation of the contract – you are not arguing before the Supreme Court. Second, organize your thoughts before you write. Put the facts and contentions in the right order so that your case is built step-by-step throughout the grievance file. To keep your writing organized, use separate paragraphs for each separate point. Don’t write three pages without a paragraph break, or the readers won’t be able to tell where one topic ends and the next one begins. Breaking the written appeal into short, clear paragraphs will not only help keep your writing organized, it will help the readers understand it better. The third rule for writing grievances is probably the most difficult to follow. The general rule is: “Write everything into the grievance that is necessary, but don’t write anything into the grievance that is irrelevant or insupportable by the evidence.” If a short written statement helps to prove a fact, or support a contention, it should be included. If the purpose of a long, rambling story is to vent all of your anger against management it should be left out. Remember, the readers are charged with settling grievances, not providing psychotherapy. Finally, it is recommended that you write a rough draft of the grievance first. Then look over the rough draft and edit any mistakes you may find. Correct any spelling or grammar mistakes. Make sure all of the documentation is in the proper chronological order and any statements that

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do not have supporting documentation are removed. Once you have made the necessary corrections, re-type the grievance before submitting. WRITING UNDISPUTED FACTS One of the biggest differences between the old grievance procedure and the current Article 15 is the requirement that the parties complete a joint statement of any relevant facts in the case that are not in dispute. These are the statistics, information, data, events and experiences that both parties agree are true, or did occur. Every case appealed to higher levels of the procedure should have a fully developed listing of undisputed facts. It probably doesn’t seem like it at times, but in most grievances the parties have more in common than it might first appear. Even in the most contentious of cases, there are many facts that the parties should be able to agree are not in dispute. The local union and management representatives can go a long way toward resolving those areas where there is conflict if they will first try to identify those relevant facts that are not in dispute. The parties should, at a minimum, try to provide a narrative, or a list, of the events leading to the dispute and describe what happened. Surely, there are facts upon which the parties can agree. Each side should have an opinion of what the facts are: they merely need to find out which ones they are in agreement on and list them. Stewards should come to the grievance meeting prepared with a narrative, or list, of facts obtained during the grievance investigation. These should be presented to the management representative for agreement at the beginning of the meeting. It is likely that the steward’s list will contain many facts to which the manager will readily agree. Others may require discussion and documentary evidence to reach agreement and still others to which the manager simply will not agree are undisputed. The following are suggested options for developing undisputed facts as required by Line 16 of PS Form 8190: WRITE A NARRATIVE / MAKE A LIST One option is to write the facts of the case in story form. Some people understand scenarios better when the facts are presented in the form of a short story. Remember, when writing a narrative, you are trying to paint a picture in the mind of the reader. Include in the story all of the relevant facts of the case that you discovered during investigation.

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For example, let’s use a case where management has required an employee to obtain medical documentation for an absence of one day. The grievant is a regular carrier on route 32 which has rotating days off. He called in sick on Saturday November 13. He spoke to Supervisor Jones who told him to obtain medical documentation for his absence. When the grievant asked why he had to get a doctor’s slip Supervisor Jones told him he had used too much sick leave next to days off. The grievant went to the doctor, got a slip, and turned it in when he got back to work on Monday. His leave was approved. He was billed $15.00 as a co-payment for the doctor’s office visit. It is a 15 mile round trip from his house to the doctor’s office. Review of the grievant’s 3972 for the year shows that prior to the absence in question, the grievant used sick leave on February 21st and 23rd (Saturday and Monday), June 23rd (Wednesday) and September 20th and 21st (Monday and Tuesday). All were next to days off. The grievant has no other absence for sick leave. The September 20th and 21st absence was Sick Leave for Dependent Care to care for his child who had a cold and had to miss two days of school. None of these absences were covered under the Family Medical Leave Act. The grievant had no F.M.L.A. certified condition. Management reviewed the grievant’s sick leave record with him on three occasions during the year: February 24th, July 6th, and September 23rd. Neither the grievant nor Supervisor Jones made any notes following these reviews. Supervisor Jones provided a written statement whch claimed that during the review on September 23rd he told the grievant that he was developing a pattern of calling in sick next to his days off. The grievant provided a statement acknowledging he was told that. The grievant noted that he had only been sick himself twice all year. While stating the facts of the case in a narrative (story) form may be easier to understand, some managers are reluctant to agree to undisputed facts written in narrative form. If that is the case, another option is to assemble the facts into a list. In this example the facts can be examined one-by-one.

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1. The grievant is a regular carrier on route 32. 2. Route 32 has rotating days off. 3. He called in sick on Saturday, November 13th. 4. Supervisor Jones took the grievant’s call and told him to obtain medical documentation. 5. The grievant went to the doctor and got a slip excusing him that day. 6. The grievant paid a co-payment of $15.00 for the office visit. 7. It is a 15 – mile roundtrip from the grievant’s home to the doctor’s office. 8. The grievant turned the slip in on Monday, November 15th, and Supervisor Jones approved the leave. 9. Prior to November 13th, the grievant had only used sick leave on February 21st and 23rd (Saturday and Monday), June 23rd, (Wednesday) and September 20th and 21st (Monday and Tuesday). All were unscheduled. All were approved. 10. Those were his only absences due to sick leave during the year. 11. None of the absences were covered under F.M.L.A. 12. The grievant has no F.M.L.A. certified condition. 13. The absences on September 20th and 21st were SICK LEAVE FOR DEPENDENT CARE to care for a child who had a cold and had to miss two days of school. 14. In 2004, management reviewed the grievant’s sick leave usage with him on February 24th, July 6th, and September 23rd. 15. No personal notes were taken by the grievant, or the supervisor, following these reviews.

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16. Supervisor Jones told the grievant on September 23rd that he was developing a pattern of calling in sick next to days off. 17. The grievant replied on September 23rd the he had only been sick himself twice all year. Review the list with the supervisor and sign off on the facts he/she can agree to outright. Then go back and present the evidence you have for those remaining facts in an effort to convince the manager to agree they are undisputed as well. Once the list of undisputed facts is completed, it is highly recommended that the parties initial and sign the list to confirm that the parties are in agreement. To help prepare for a manager who is traditionally reluctant to agree to undisputed facts, a good suggestion is to prepare a FACTS / EVIDENCE sheet. FACTS / EVIDENCE SHEET Divide several sheets of paper into two columns. In one column, list all of the facts relevant to the case that were discovered during investigation. In the second column, list the evidence that establishes each of the facts listed. For example: FACTS EVIDENCE 1. The grievant called in sick on Grievant’s statement Saturday, November 13th. Supervisor’s statement 2. Supervisor Jones took the call Supervisor’s statement and told him to obtain medical Interview notes certification for the absence. 3. The grievant went to the doctor Grievant’s statement and got a slip excusing him for Doctor’s slip the day.

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In this case, there would certainly be more than three facts statements, but for the sake of space these are a representative sample. Once the undisputed facts have been established, the focus can turn to those facts that are in dispute. The steward must then contend why he/she believes the facts that management disputes are the truth. At this point, the goal of grievance writing stops being informative and starts being persuasive. A detailed facts / evidence sheet serves as an outline for determining what documentation needs to be included in the file under “disputed facts and contentions”. WRITING DISPUTED FACTS AND CONTENTIONS The purpose of Line 17 of PS Form 8190 is to allow the union the opportunity to persuade the readers to view the case from the union’s point of view. Here is where the facts and evidence are used to prove the union’s theory of the case. At a minimum, the following should be included: 1. An opening sentence, or sentences, in which the steward frames the contention(s) being argued in the case. 2. Arguments supporting the union’s contention(s). 3. Arguments to rebut opposing contentions raised by management. DISCIPLINARY GRIEVANCE Opening sentence For any disciplinary grievance the opening line of the contentions should be: The union contends there was no just cause for the (discipline) dated (date of triggering document) charging the grievant with (charge) for the following reasons…….

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DISCIPLINARY CONTENTIONS Since you have stated in the opening sentence that there was no “just cause” for the disciplinary action taken by management, you must then list those specific principles of “just cause” (see pages 14 and 15) that you believe management has violated and focus attention on the evidence that proves the contentions. Your position must be supported by the evidence presented and the undisputed facts mutually agreed to. Sometimes resolving the grievance comes down to a disputed fact. For example; whether or not the grievant actually did what he/she is accused of doing. In such cases, you will need to provide evidence that supports the union’s perception of the facts. The order in which you list your contentions will vary depending upon your case. Some stewards prefer to list their strongest arguments right up front. Others prefer to save them for a strong finish. In either case, it is recommended that each contention be listed separately in an easy-to-follow outline form, rather than in essay (story) form where contentions may get mixed up or lost altogether. Contentions should also be broken down into different categories of defense. THE FOUR CATAGORIES OF DEFENSE In almost every case, stewards should assert that there are mistakes, or inaccuracies in management’s case in one or more of four categories: 1. technical objections unrelated to the merits of the case; 2. disputes about whether the grievant’s conduct, if proven, would constitute a valid basis for discipline; 3. claims that management did not prove the grievant acted as charged, or that they omitted some vital facts; 4. claims that, because of mitigating circumstances, the discipline imposed is too harsh. 1. The first category, technical objections includes assertions that the discipline was issued untimely, that discipline was issued by the wrong person, or that management failed to follow certain other required procedures. Defenses in this category do not even touch upon the merits of the discipline. By using a technical defense, the steward is in effect saying “It is not necessary to consider whether the grievant engaged in misconduct because the way in which management imposed the discipline was so improper that no discipline should be allowed.”

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2. The second category, disputes about whether a valid basis for discipline has been charged, includes situations in which a letter carrier has been disciplined for being accident-prone, or has failed to meet casing standards, or for absenteeism covered by F.M.L.A. The claim made in this defense is that no valid rule exists that prohibits the grievant’s conduct. The steward is contending that “even though the grievant acted as charged, the behavior does not warrant discipline”. 3. The third category, disputes about the accuracy, or completeness, of the facts alleged by management may take on several forms. The steward may simply contend that “There is no proof that the grievant acted as charged. It is management’s burden to prove its version of the facts and the evidence management has offered is insufficient to meet that burden.” However, it is recommended that the steward take a more active position by stating, “The grievant did not act as charged and the evidence offered by the union is more credible than the evidence offered by management.” 4. The fourth category includes assertions that the discipline imposed was too harsh when all of the circumstances are considered. Included are claims that the grievant’s misconduct was unintentional, that insufficient consideration was given to the grievant’s long service, or that the grievant didn’t know that what he/she was doing was wrong. When multiple defenses are used they should be stated separately and argued in the order listed above. The following is an example of a suggested format for writing contentions that might be argued in a Letter of Warning Case: The union contends that there was no just cause for the Letter of Warning issued to the grievant under the date of March 1, 2005 charging him with Failure to Follow Instructions when he allegedly missed an MSP scan, for the following reasons: 1. The grievant is not guilty as charged. The grievant claimed in his written statement, and in the investigatory interview, that he did not fail to scan the MSP scan point in question. In his statement, the grievant wrote that he remembered making that particular scan because that customer receives a

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Wall Street Journal and he remembered delivering it that day. He also told Supervisor Jones, in the investigatory interview, the he recalled that particular scan for the same reason. 2. Management has failed to provide sufficient evidence demonstrating that the grievant missed the scan point. The only evidence relied upon by management was the Missed Scan Report which indicated the scan was missed. The parties have agreed at the national level that such is insufficient evidence to support discipline. M-01458, Step 4 Settlement March 13, 2002, Q98N-4Q-C-01045840 reads in pertinent part: MSP does not set performance standards, either in the office or on the street. With current technology, MSP records of scan times are to be used as timecard data for pay purposes. 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. The union contends that management has violated the Step 4 Settlement cited above since the Missed Scan Report is the sole basis for the Letter of Warning. 3. The discipline is punitive rather than corrective. Even if the grievant had missed the scan point, which the union contends he did not, a Letter of Warning for a single offense is excessive. Missing a single scan point is a minor offense. According to Article 16.2 of the National Agreement: For minor offenses by an employee, management has a responsibility to discuss such matters with the employee.” Management should have had an Article 16.2 Job Discussion with the grievant instead of issuing a Letter of Warning. 4. The grievant was disparately treated. Even if the grievant had missed the scan point, other carriers that have recently missed scan points were not issued discipline. They have supplied written statements (Exhibits D, E, and F). These include: a. John Gallegos missed a scan point on 12/5/04, he received a discussion. (Witness statement – Exhibit D)

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b. Mary Rottles missed two MSP scan points on 12/24/04. She was not even given a discussion. (Witness statement – Exhibit E) c. Hector Valesco failed to scan a piece of Priority Mail on 1/3/05 and was not issued discipline. (Witness statement – Exhibit F) Just cause requires that management treat employees equitably. The JCAM states on Page 16-1 and 16-2: Is the rule consistently and equitable enforced? A rule must be applied fairly and without discrimination. Consistent and equitable enforcement is a critical factor, and claiming failure in this regard is one of the union’s most successful defenses. The Postal Service has been overturned, or reversed, in some cases because of not consistently and equitably enforcing the rules. Consistently overlooking employee infractions and then disciplining without warning in one issue. If employees are consistently allowed to smoke in areas designated as No Smoking Areas, it is not appropriate suddenly to start disciplining them for this violation. In such cases, management loses its right to discipline for that infraction, in effect, unless it first puts employees (and the unions) on notice of its intent to enforce that regulation again. Singling out employees for discipline is another issue. If several employees commit an offense, it is not equitable to discipline only one. A series of arguments stated separately and alternatively (“even if”) as above, allows the steward to make the maximum number of arguments in support of the case. Of course, since no two cases are exactly alike, the actual contentions written will depend upon the specific circumstances of each particular case. CONTRACTUAL GRIEVANCE Opening sentence The opening line of a contractual grievance will vary depending upon the violation, but should read something like this:

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The union contends that management violated the National Agreement when… …the grievant was required to obtain medical certification… …management required the grievant to work on a holiday… …the grievant was required to work overtime… …management failed to equitably distribute overtime… for the following reasons… As noted above, your main contention will appear in the opening line in a contractual case. It is important to remember that the union bears the “burden of proof” in a contractual case. Therefore, your contentions must be aimed at presenting sufficient evidence to establish there was a contractual provision limiting management’s rights and that such a limitation was exceeded. At a minimum, in order to prevail the union will have to prove the following: 1. There is a rule, regulation, policy, or practice that governs, or controls, the circumstances that gave rise to the dispute or issues in questions. The union’s contentions must identify a specific contractual provision, law, handbook, manual, or other document that management has violated. 2. If the language governing the issues in dispute is clear and unambiguous and it is directive, not permissive, you will want to point this out. The union’s contentions must point to the facts that demonstrate that management did not follow the rule, policy, regulation, or practice. You should call attention to the documents, or statements, that establish the facts of the case, i.e. what happened. An example of this kind of language is: Directive language Article 8.8B “When a full-time regular employee is called in on the employee’s non-scheduled day, the employee will be guaranteed eight hours work, or pay in lieu thereof.” This language is clear. It says specifically what happens when a full-time regular employee is required to work on a non-scheduled day. It uses the words “will be” which are directive, that is they state that what follows will happen, as opposed to what may happen.

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3. If the language is not clear, or is permissive, you will have to use a different tactic. An example of permissive language is: Permissive language ELM 513.316. For periods of absence of 3 days or less, supervisors may accept the employee’s statement explaining the absence. Medical documentation, or other acceptable evidence of incapacity for work or need to care for a family member is required only when the employee is on restricted sick leave (see 513.39) or when the supervisor deems documentation desirable for the protection of the interests of the Postal Service. This language is permissive as it uses the words “may accept” rather than stating management “must accept”. However, it does restrict management somewhat in that it goes on to say that medical documentation “is required only when…” and then lists the two conditions under which management can require documentation. In such a case, the steward would have to explain by the evidence in the file why neither of the two conditions for requiring documentation was present. Also, when the language is permissive, leaving it up to the manager’s discretion, the union’s contentions must focus on evidence demonstrating that management abused this authority, or acted in an arbitrary, capricious, or discriminatory manner. 4. In order to obtain the requested remedy, the contentions must also describe the harm, or loss, to the grievant(s) or to the labor-management relationship. In other words, the grievance file should show what resulted from management’s failure to follow the rule or practice. The contentions in a contractual case might look something like this: The union contends that management violated the National Agreement when the grievant was required to obtain medical documentation for his absence of 11/13/04 for the following reasons:

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1. ELM 513.361 provides only two conditions under which management may require medical documentation for an absence of three days or less. These are if the employee is on Restricted Sick Leave (RSL): 513.361b. For absences of three days or less a supervisor may accept an employee’s application for sick leave without requiring verification of the employee’s illness (unless the employee has been placed in restricted sick leave status, in which case verification is required for every absence related to illness regardless of the number of days involved); however or if the supervisor deems it necessary to protect the interest of the service: 513.361c. For absences of three days or less a supervisor may require an employee to submit documentation of the employee’s illness “when the supervisor deems documentation desirable for the protection of the interests of the Postal Service.” The parties agreed in the undisputed facts that the grievant was not on Restricted Sick Leave. 2. The parties further agreed, in undisputed facts, that the reason Supervisor Jones required the grievant to get medical documentation was because he had “developed a pattern of calling in sick next to his days off”. The union contends that Supervisor Jones’ claim is not accurate. While it is true that each of the grievant’s 3 absences occurred either before, or after, a scheduled day off, this does not indicate “a pattern”. Review of the grievant’s 3972 (exhibit I) shows that he had three instances of sick leave in a 10 month period. That is not enough to establish “a pattern”. 3. The grievant has rotating days off. Mathematically speaking, it is more likely than not that he would call in sick next to a day off. In fact, all but one of the grievant’s absences were for multiple days, it would have been almost impossible for the absences not to be in conjunction with a day off. Furthermore, the one single day absence occurred on a week when he had Sunday / Wednesday as non-scheduled days. There was only one day that week (Friday) that would not have been in conjunction with a day off.

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For the sake of brevity we will end the example here. In some cases, the union will have dozens of contentions and in others only one or two. That’s because in some cases it will take only one, or two, to resolve the grievance. In other cases, fifty contentions may not be enough to resolve the grievance. Regardless of how many contentions are needed, writing them in an outline form, as the examples in this section show, allows each contention to “stand out” from the others and establish its own point. This allows each contention to “strike a blow” against management’s case. Again, some cases will be decided by a single blow, and others may take multiple blows to achieve justice. REMEDY REQUESTED / OFFERED The different types of grievance remedies are discussed on pages 37 – 39 of this booklet. Generally speaking, the purpose of Line 19, PS Form 8190 grievance remedies is to place the employee(s), and the Postal Service, in the position they would have been in had there been no contractual violation. Unless the violation(s) is extreme, or repetitive, a request for personnel action against the supervisor is inappropriate. For example, requesting that a supervisor be transferred, or removed, for not having just cause to issue a Letter of Warning would not be an appropriate remedy request. Such a request might, in reality, do more to damage the credibility of the steward than of the manager. If the steward is unsure of the appropriate remedy to request he/she has several options. First is to research previous grievance remedies of a similar nature (JCAM, local files). He/she can also contact other branch officials who may have more experience in grievance remedies. Finally, the National Business Agent’s office is a valuable resource for determining a proper grievance remedy. WRITING ADDITIONS AND CORRECTIONS The union may submit written additions and corrections to the Formal A record with the Step B appeal within the time limit for filing an appeal to Step B. The filing of any additions or corrections does not extend the time limits for filing the appeal to Step B. A copy of the additions and corrections must be sent to the management Formal Step A official. Management may

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respond by sending additional information to the Step B Team that is directly related to the union’s additions and corrections letter. Basically, the additions and corrections letter is used to add new information to the grievance record that was not previously included, or to rebut contentions made by management on the Joint Step A Grievance Form. The steward should consider carefully whether the additions and corrections are necessary because the filing of an A & C letter opens the door for management to add additional information to the file as well. There are any number of styles and formats for writing an A & C letter. It is suggested that new information (additions) and the rebuttal (corrections) be clearly separated and identified. As with contentions, each new point to be made should stand out from the others. For example: In accordance with Article 15 Section 2 Formal Step A of the National Agreement, the union is submitting the following Additions and Corrections to the Formal Step A record. Additions: 1. A statement from Letter Carrier Jackson, who also witnessed the altercation between the grievant and Supervisor Jones, clearly indicates that Supervisor Jones was the aggressor. Jackson wrote in part: I saw Jones get right in his face and scream at him. His spit was flying everywhere. I thought he was going to hit Billy (the grievant). A copy of Carrier Jackson’s statement is attached. Corrections:

1. Management claimed in their contentions on the Step A Form that “the grievant has a past history of aggressive behavior”. The union strongly disagrees with that statement. Management has provided absolutely no documentary evidence to support such a contention. The grievant has never been disciplined for improper conduct, or aggressive behavior, in his 15 years with the Postal Service. Management has provided no written statements from any individuals, nor named anyone, that could attest to such behavior.

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EVALUATING A GRIEVANCE FILE

Before appealing a grievance to the Step B Team, conduct a file evaluation. TIMELINE: As the mover of the grievance, has the union conducted each step according to established timelines? If not, are co-signed extensions included in the file with explanations as to why? ISSUE STATEMENT: Is it in the form of a specific question? Does it describe the action(s) that constitutes the violation? Does it reference the correct provision of the National Agreement, Postal Manual, etc. that has been violated in a contract grievance? Does it question management’s “just cause” in a discipline grievance? Will a third party reader understand the question? UNDISPUTED FACTS (LINE 16): Are the facts stated clearly, without making an argument? Are the facts specific and in the right chronological order? Are the sources of the facts cited? Are the necessary documents, including the letter of discipline (or proposed discipline), attached and tabbed? Are the listed facts relevant to this grievance? Has the list of undisputed facts been signed and dated by both parties?

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UNION’S DISPUTED FACTS AND CONTENTIONS (LINE 17): Does the narrative include all appropriate parts; introduction, analysis, conclusion? Are the facts and contentions in the right order to take the Step B team members through the argument step by step? Does it cite the relevant disputed facts that explain the union’s contentions? Does it cite the sources, and authority, of the disputed facts or rules? Does the narrative identify the contract provision that has been violated? Have all supporting documents been attached, and tabbed, in the correct sequence? Have all personal opinions, which cannot be proven by documented facts, been removed from the argument? Does the argument sound logical to a third-party reader? REMEDY (LINE 19): Does it clearly state what the union wants to happen as a result of the grievance? Is it consistent with researched precedent? Is it specific, but include the phrase “and otherwise make the grievant(s) whole”? HAS THE ENTIRE DISPUTE RESOLUTION PROCESS (INCLUDING RESEARCHING, DISCUSSING, PREPARING, AND SUBMITTING THE GRIEVANCE FILE) BEEN JOINTLY CONDUCTED “ON THE CLOCK” WITH MANAGEMENT ACCORDING TO ARTICLE 15? IF NOT, WHY NOT?

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Date Received at Step B (MM/DD/YYYY)

UNITED STATES POSTAL SERVICE, USPS-NALC Joint Step A Grievance Form

1. Grievant's Name (Last, first, middle initial) 2 . Home Telephone No.

6. InstallationNVork Unit 17. Finance Number

5. Grievant's SSN 3. Seniority Date (MM/DDNYYY) 4. Status (Check one)

FT FTF PTR PTF TE

I I I

12a. Companion MSPB Appeal? 112b. Companion EEO Appeal?

I 8. NALC Branch No.

13a. Supervisor's Printed Name and Initials (Completed by Supervisor) 13b. Steward's Printed Name and Initials (Completed by Steward)

yes No

14. USPS Grievance No.

9. NALC Grievance No.

Yes No

15. Issue StatemenVProvide Contract Provision(s) and Frame the Issue(s)

16. Undisputed Facts (List and Attach All Supporting Documents) Attachments? No Yes Number

10. Incident Date (MM/DD/YYYY)

17. UNION'S full, detailed statement of disputed facts and contentions (List and Attach Attachments? No Yes Number All Supporting Documents)

11. Date Discussed with Supervisor (Filing Date)

18. MANAGEMENT'S full, detailed statement of disputed facts and contentions (List and Attach No Yes Number All Supporting Documents)

19. Remedy RequestedIOffered

20. Disposition and Date (Check one) Date of Formal Step A Meeting (MM/DD/YYYY)

Resolved Withdrawn Not Resolved 21 a. USPS Representative Name

21c. USPS Representative Signature

21 b. Telephone No. (Include Area Code)

21 d. Date (MM/DD/YYYY1

I

PS Form 81 90, August 2002 (Page 1 of 2)

22a. NALC Representative Name

I

22b. Telephone No. (Include Area Code)

22c. NALC Representative Signature 22d. Date (MhUDD/YYYY)

Instructions

If the initial Filing discussion between steward (andlor employee) and supervisor at lnformal Step A does not resolve the grievance, the union steward may appeal the grievance by:

Completing the "lnformal Step A" section at the top of the form, Obtaining the supervisor's initials in ltem 13, and Forwarding the form to union and management Formal Step A representatives within 7 days of the discussion.

ltem Explanation

1-9 Self-explanatory. All items are essential.

10 Enter the date when the event causing the grievance occurred or when the employee or union first became aware of the event.

11 Enter the date the employee andlor the union first discussed the grievance with the immediate supervisor at lnformal Step A. This is the Step A ,filing date.

12a-b Determine and indicate whether the grievant has filed an MSPB andlor EEO complaint on the same issue.

13a The supervisor's printed name and initials confirm the date of the lnformal Step A discussion.

13b The steward's printed name and initials confirm the date of the lnformal Step A discussion.

14 The USPS grievance number is assigned by computer.

15 Frame the issue statement in the form of a question. Examples: "Was there just cause for the letter of warning dated 211 512002 issued to the grievant for unsatisfactory work performance, and if not, what is the appropriate remedy?" "Did management violate Article 8.5.G when the grievant was required to work overtime on 3/15/2002, and if so, what is the appropriate remedy?" If discipline is involved, always indicate the type of discipline (letter of warning, 7- day suspension, indefinite suspension, etc.) in the issue statement. Also, list specific contractual or handbook provisions involved in the grievance.

Note: The union steward may write a suggested issue in ltem 15 when appealing to Formal Step A. The parties at Formal Step A are responsible for defining the issue as they see fit.

Note: If the grievance is resolved at Formal Step A, skip to ltem 20 and note there the principles of the agreement. If the grievance is not resolved, complete Items 16 through 20.

16 Management andlor Union Representative: List all relevant facts not in dispute.

17 Union Representative: List any facts in dispute based on your understanding of the facts. Provide concise, descriptive statements outlining the union's position on the grievance.

18 Management Representative: List any facts in dispute based on your understanding of the facts. Provide concise, descriptive statements outlining management's position on the grievance.

19 Management Representative: Indicate remedy management is willing to offer.

Union Representative: Provide a specific statement of the remedy the union is requesting. Example: "The LOW should be expunged from the record and the grievant made whole for all loss of wages, benefits, and rights."

20 Management andlor Union Representative: Note whether the case is resolved, withdrawn or not resolved. If resolved, note the principles of the agreement.

21 -22 Enter names, telephone numbers, signatures, and date form is completed.

PS Form 81 90, August 2002 (Page 2 of 2)

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