A Pledge of Fairness

A Pledge of Fairness
Brian J. Wagner
President


While searching through some old USPS correspondence at NAPS Headquarters in preparation for fact-finding, I found a very interesting Headquarters memo from Postmaster General Jack Potter on which NAPS was copied. Here’s the scoop.

The Feb. 23, 2009, memo was addressed to USPS officers and PCES managers. Potter referenced the difficult times the USPS was experiencing due to the extreme economic pressures. What really caught my eye was this memo’s subject line: “Collective-Bargaining Agreements—Our Bond with Our Employees.”

Potter essentially was informing postal leadership that the USPS bond with its employees never had been more important than it was that day. Again, the memo was dated Feb. 23, 2009. According to the PMG, this bond was represented by the unions’ collective-bargaining agreements.

In the memo’s second-to-last paragraph, Potter stated: “As we adapt to a dynamic and dramatically changing environment, we will, by necessity, bring even more change to our business. But one thing cannot change: our adherence to the provisions of our labor agreements. They are our word. They are our pledge of fairness to our employees.”

Unfortunately, that written USPS pledge of fairness only pertained to the postal unions and their members—not EAS employees. Postal management associations such as NAPS do not have collective bargaining/labor agreements with the Postal Service. However, EAS employees have Title 39, ELM 450, ELM 650 and years of official USPS memos and policy letters that collectively should be considered a Postal Service pledge of fairness to EAS employees.

Below are just a few of the Postal Service memos and policy letters that may be found on the NAPS website at www.naps.org, including the ELM 450 and 650 documents:

  • USPS, Feb. 14, 1992; Joint Statement on Violence and Behavior in the Workplace (JSOV)
  • DeWitt Harris, June 24, 2002; Advance Leave Requests
  • George Butler, March 12, 2004; Supervisors’ Use of Personal Vehicles While on Duty
  • Anthony Vegliante, June 1, 2004; Participation and Membership in Supervisory and Managerial

Organizations

  • Mangala Gandhi, April 3, 2006; Vacancy Announcements and EAS Applicant Notification
  • Doug Tulino, April 12, 2012; Payment of FLSA Special-Exempt Employees
  • Megan Brennan, April 25, 2012; Work Schedules, FLSA Exempt Non-Bargaining Employees
  • Megan Brennan, Aug. 24, 2012; Temporary Involuntary Reassignments
  • Edward Phelan, Sept. 13, 2013; Retail Customer Experience Evaluations (REC)
  • Doug Tulino, March 19, 2014; Emergency Placement
  • Dave Williams, Aug. 31, 2015; Temporary Involuntary Reassignments
  • Doug Tulino, Dec. 14, 2016; Joint Statement on Violence and Behavior in the Workplace—Management Employees’ Opportunity to Respond

I encourage all NAPS members to make themselves familiar with these postal memos and policy letters, including Title 39 and ELM 450 and 650. Consider these documents the Postal Service’s “pledge of fairness” to EAS employees. It is imperative that postal leadership keeps these pledges as they are the Postal Service’s “word.”

Furthermore, when you read these various documents, understand they represent the law and Postal Service policies pertaining to:

  • EAS employees having a right to appeal discipline and debt collection.
  • Postal employees, including EAS, not being bullied, intimidated or retaliated against in the workplace.
  • EAS employees receiving pay and benefits that are comparable to the private sector, having a fair pay differential and attracting and retaining qualified EAS employees.
  • Emergency placement being confirmed in writing, stating that reason and action are appealable.
  • Paying special-exempt additional straight time pay (T-time) when earned.
  • Providing a valid reason to temporarily involuntarily reassign EAS employees.
  • Giving EAS employees a response within 72-hours on advance leave requests.
  • Not using the Retail Customer Experience Program results as a basis for discipline.
  • Forcing or requiring EAS employees to use their own vehicles to perform job responsibilities.
  • EAS employees having a right to belong to a management association.
  • USPS collecting all facts and allowing management employees to respond to JSOV charges.
  • Limiting FLSA exempt non-bargaining employees from working an excessive number of extra hours and days where such additional time is not related to increased workload or unavailability of other local management coverage.

What is not in specific memos is the lack of fairness to the following:

  • Changing a supervisor’s work schedules on a daily basis like a part-time flexible (PTF) employee.
  • Changing an EAS employee’s lunch schedule from one hour to two hours with no valid business or operational reason except to avoid paying EAS T-time or as a form of harassment or retaliation.

Such actions stated above or violations of any of the USPS memos or policy letters could be viewed as bullying, retaliation or intimidation tactics that are in violation of the 1992 JSOV. In such situations, members should not hesitate to report such violations and seek a resolution to the unfair treatment they have or are receiving.

Our NAPS pledge is to represent and protect the best interests and rights of all our members. That pledge comes from our NAPS Constitution & Bylaws and the oath-of-office NAPS officers take on election. I ask each member to pledge they will officially report any unfair treatment or harassment they may experience in performing their duties.

It is NAPS’ and our members’ responsibility to hold postal leadership accountable and to their “word” by adhering to Title 39, ELM 450 and 650 and the numerous USPS memos and policy letters that have been issued.

I wish you and your family a happy Thanksgiving! You have my word and pledge to provide an ice cream flavor-of-the-month recommendation. November’s recommendation: pumpkin spice latte!