What About EAS-18 and Above?

What About EAS-18 and Above?
By Brian J. Wagner
Past NAPS President

My January Postal Supervisor column focused on EAS-17-and-below employees having the right to file a grievance under Section 652.4 of the USPS Employee Labor Relations Manual (ELM). But what is the process for EAS-18-and-above employees who are the subject of postal policy violations that result in negative impacts administratively, financially or personally? Here’s the scoop!

In part, ELM 652.4, Other Appealable Actions, Section 652.41, Coverage, reads: “PCES Level I, and EAS-18 and above employees have access to these procedures only to appeal discipline in the nature of a letter of warning and emergency placement in a nonduty status.”

Therefore, because EAS-18-and-above employees are not allowed to file a grievance under ELM 652.4, they must seek another strategy or avenue to address, appeal or protest postal policy violations that directly impact them. Following is a section from the ELM that NAPS advocates and/or members can use as a strategy to address postal policy violations that have a negative impact on EAS employees, including being given questionable orders—ELM 665.15, Obedience to Orders.

Under ELM 665.15: “Employees must obey the instructions of their supervisors. If an employee has reason to question the propriety of a supervisor’s order, the individual must nevertheless carry out the order and may immediately file a protest (emphasis added) in writing to the official in charge of the installation or may appeal through official channels.”

For example, when an EAS-18-and-above employee is given an order to report to a different office, operation or assignment outside their official EAS Form 50 position without a written valid operation or training reason, it could be deemed an “involuntary reassignment.” There is a “Temporary Involuntary Reassignment Memo” (policy) dated Aug. 31, 2015, that explains the procedures for such temporary involuntary reassignments.

In this example, the EAS employee follows the involuntarily reassignment order. They also should contact a NAPS representative immediately to file a protest under ELM 665.15, as the “employee has reason to question the propriety of the order” because it violates an established written postal policy/letter/memo.

In another example, unless established in the initial EAS job posting, there is a postal policy where EAS employees may not be required, directed or mandated by USPS management to use their personally owned vehicle (POV) to conduct postal business. There is a March 12, 2004, letter from the USPS law department referencing this postal policy.

If instructed to use their POV to conduct postal business (i.e., deliver mail, transport mail, perform street supervision, etc.), the EAS employee must follow the order. Then contact a NAPS representative immediately to file a protest under ELM 665.15, as the “employee has reason to question the propriety of the order” because it violates an established written postal policy/letter/memo.

Besides the examples above, consider the following scenarios where an EAS-18-and-above employee has reason to question the propriety of the order when it involves:

  • deleting TACS clock rings of craft employees to avoid paying overtime or penalty overtime,
  • not reporting all approved hours worked beyond 8.5 on a scheduled workday or all workhours on a non-scheduled day in accordance with ELM 434.143, Eligible for FLSA-Exempt EAS Additional Pay,
  • being “on call” or answering one’s personal or postal-issued phone without compensation on a non-scheduled day or while on leave,
  • using another employee’s USPS computer login/password to do any postal-related work,
  • not reporting curtailed or delayed mail or pre-scanning packages in an office as delivered when they were not.

From these examples and other workplace situations EAS-18-and-above members have experienced in the field, be aware of your right to immediately file a protest in accordance with ELM 665.15 when you have reason to question the propriety of the order.

When a member is given orders or instructions that are in violation of common sense postal policies, it should be a red flag to the member that the order could be questionable. Yes, per ELM 665.15, follow the order, but then immediately file a protest of the order if you have reason to question the propriety of the order.

Who do you think will be held accountable if you follow a questionable order that is in violation of a postal policy that results in falsification, deleted clock rings, denied pay to a craft employees, inappropriate use of postal funds or equipment or an illegal act?

Don’t run the risk of being investigated by postal officials or the USPS OIG for following what you believe to be a questionable order without immediately filing a protest under ELM 665.15. Such a risk could lead to disciplinary or adverse action charges that could result in an indefinite non-pay suspension or removal from the USPS.

If a member is given an order they believe jeopardizes their health, safety or is deemed illegal, notify the person issuing the order of your concern(s) as to why you cannot follow the order, contact your NAPS representative and immediately file a protest of the order under ELM 665.15. Be sure to have documentation ready to support your claim.

If the order is illegal, contact the USPS OIG Hotline to report it and get it officially on the record. The OIG hotline is open Monday through Friday from 7:30 a.m. to 4 p.m., Eastern Time, except on federal holidays. A NAPS advocate or member also may email the OIG Hotline at hotline@uspsoig.gov.

When else should you contact the USPS OIG? If a member cannot get resolutions to constant violations of ELM 434.143, Eligible for FLSA-Exempt EAS Additional Pay, (T-time) for denied EAS pay, contact the USPS OIG. Why? NAPS consulted with the USPS almost 30 years ago for EAS T-time. The OIG is aware that qualifying EAS employees were denied T-time.

The OIG even prepared a Feb. 16, 2023, audit report titled, “Supervisor Timecard Administration.” The OIG also published a previous Audit Report on Dec. 14, 2014, titled, “Extra Hours Worked by Supervisors in the Greater Indiana District.” After the OIG’s February 2023 report on “Supervisor Timecard Administration,” Dr. Joshua Colin, USPS Chief Retail and Delivery Officer, issued a policy related to paying special-exempt EAS employees.

Today’s takeaways: No postal leader should be above not following USPS policy, directive, memo or management instructions without being held accountable to the EAS employees who have been administratively, financially or personally harmed.

ELM 652.4 needs to be changed through the USPS/NAPS consultative process to allow for all EAS employees, besides EAS-17 and below, to file an official EAS grievance when impacted by postal policy violations.

For all active NAPS members: Under ELM 665.15, Obedience to Orders, you have a right to protest an order if there is reason to question the propriety of the order. Exercise this right when necessary. Contact the USPS OIG hotline at 1-888-USPS-OIG (1-888-877-7644) after you have protested an illegal order.

It would be a violation of my policy not to provide my ice-cream-flavor-of-the-month recommendation: triple chocolate fudge cookie. Be safe and eat more ice cream!