The USPS Must Eliminate Its Exempt Policy

The USPS Must Eliminate Its Exempt Policy
By Dee Perez
NAPS Northeast Region Vice President

If USPS Headquarters cares about their EAS employees, it needs to eliminate its exempt policy this year. I asserted in a previous column that USPS leadership says it cares about its employees, but then requires them to come to work in a blizzard, even though they knew the mail would not be delivered that day.

I don’t want to beat this horse to death any longer; it’s over, we’ve moved on and, hopefully, it’s a lesson learned. But this time, the issue is not local. It is a USPS Headquarters leadership policy that continues to disappoint EAS employees nationwide.

I’m talking about the exempt rules for EAS employees. By not fixing this concern, it shows, once again, leadership does not care about affected EAS employees.

Although in the ELM since 1938, EAS employees were established under FLSA laws that set minimum wage, overtime and the distinction between exempt and non-exempt. In the 1970s and 1980s, the USPS began aligning its internal policies more with FLSA requirements. In the 1980s and 1990s, the ELM was expanded and included clearer classifications for EAS managers and postmasters.

This brings us to today. In my opinion, what has taken place is a disgrace to EAS employees under this ELM rule. It has brought hardship to several EAS employees; USPS Headquarters needs to fix this as soon as possible.

Leadership can’t hide behind the claim it is unaware of what is taking place in many districts across America. Headquarters is aware of the lack of EAS employees — whether due to medical issues or short staffing. The data may indicate only a small number — let’s call it 5% of EAS vacancies, which may well translate to a small number numerically.

However, every EAS employee who is part of that small numerical number is almost certainly an affected NAPS member. They are working open to close, six or seven days a week, and not getting paid for working their non-scheduled day because the MPOO declared they must work because no other EAS employee is able to provide coverage.

If anyone thinks it’s okay to force an EAS employee to work on their nonscheduled day, from open to close, over 12 hours a day, six to seven days a week, without pay because the ELM has categorized them in a particular exempt status — those are the rules — they are mistaken. The MPOO can authorize you to work on your nonscheduled day due to a lack of coverage.

However, MPOOs can grant the EAS employee a comp or an administrative day within the same week. But if they do not, then, eventually, it becomes a “potential mismanagement/abuse of exempt status.” That also is known as a chronic staffing failure, making the workhours no longer reasonable under ELM 434.132. It simply means, “Houston, we have a problem!”

If you are an EAS employee experiencing these issues, you must notify your local NAPS branch president.

Then, begin emailing your MPOO to request a day of rest within the pay week due to the excessive hours and days (mention the total hours, daily and weekly) and the number of days you have been required to work. Stipulate that you are requesting a day off for your personal health and safety.

The USPS places great importance on employee availability; I understand why and agree with it. However, the MPOOs ignoring and refusing to provide coverage only will contribute to EAS employees handing in a medical note stating their doctor recommends they no longer work these excessive hours and days. They may very well hand in a note stating they will be out for several months.

Regardless, this is not a healthy solution to the problem. If the MPOO continues to ignore your request, then you need to respond, “This is beyond what can reasonably be sustained under ELM guidelines for exempt employees.”

To those leaders who will argue these EAS employees raised their hands, I say, “Those are the rules.” I venture these USPS leaders have never gone through what these employees are experiencing in this stressful work environment, with an continually increasing workload.

EAS employees today are constantly criticized in an abundance of excessive hourly emails about yesterday’s performance in every category imaginable. This, in addition to everything that needs to be done yesterday, even though the completion time may be weeks or a month away. The pressure on EAS employees is unprecedented, yet USPS leadership has failed to diffuse or manage it effectively.

For those USPS leaders not doing anything to find relief for these EAS employees, I will remind them that today’s Postal Service is not what it was in 1938, 1970, 1980, 1990 or the early 2000s. How would they like to work 47 to 48 weeks with only four to five weeks off a year, open to close, six to seven days a week? This is why many EAS employees do not seek upper mobility.

In my opinion, if any USPS leader thinks this is fine, this person has no business being a leader in the Postal Service. This is tantamount to slave labor; we no longer are living in those days, thank God!

Branches, please sign three nonmembers each month!

Always, in respect.