February 2003
This month, I would like to address several complaints that I
have received from Branch 782 Members.
Several Carriers have voiced concerns about their ability to request
"spot/incidental annual leave". Spot/incidental annual leave is any annual leave
that a Carrier requests after the initial vacation sign-ups. Contractual
provisions that cover requests for spot/incidental leave are covered in each
office's Local Agreement. Each office has a Local Agreement that has been
established by various Branch Officers through many rounds and years of "Local
Negotiations" with USPS managers and postmasters. For example, Carriers at the
Arvin Post Office have their own Local Agreement, as do Carriers in Lamont or
any other office in this Branch.
All Local Agreements are not the same. That is to say that they may contain different contractual provisions tied to individual unit characteristics and personnel numbers.
By illustration, in one of our Branch Offices the following
contractual provisions apply to requests for spot/incidental annual leave:
Incidental leave shall be granted on a first-come, first served basis. One (1)
carrier will be allowed off at any one time. All requests for annual leave will
be approved/disapproved, by the supervisor, within three (3) working days.
In some offices there had been problems when management claimed that they had
not received the Carrier's request for annual leave (PO Form 3971).
Because of this, the following contractual language had to be proposed,
negotiated, and subsequently agreed to by the Postal Service.
"All requests for incidental leave will be submitted to the supervisor on Form
3971, in duplicate, with management signing and noting date received. The
duplicate Form 3971 to be immediately returned to the submitting carrier."
We expect management to adhere to those contractual provisions--so, too, must
we.
As you can see, it is necessary for each Carrier to check the provisions of their Local Agreement to see what their requirements are when requesting spot/incidental leave. Problems arise when these contractual provisions are circumvented. In many offices, Carriers and management have their own particular way of requesting and approving spot/incidental leave. Then--when a Carrier's request is denied and the Carrier believes that those "normal practices" have not been followed--the Shop Steward or Branch Officer is asked, by the Carrier, to represent them and see that they get the leave that they have requested.
As a Branch Officer requested by a Carrier to protect their interests, I must make sure that all contractual provisions have been met by both management and the Carrier. In most instances, management failed to abide to their contractual obligation; however. in several instances, Carriers have indeed failed to properly submit their requests.
How about some specifics?
Several of our offices have the contractual provisions that require "All requests for incidental leave will be submitted to the supervisor on Form 3971, in duplicate, with management signing and noting date received. The duplicate Form 3971 to be immediately returned to the submitting carrier". If there is a time frame for management to approve or disapprove requests for annual leave, it does not start until they sign and return the duplicate PO Form 3971.
That means that when the Carrier requests the leave they must
fill out two PO Form 3971s and see that the supervisor they give it to signs
one, dates it, and immediately gives it back to them. If this is not done,
and the supervisor says they did not receive the Carrier's request, there is no
contractual violation. Because of this the chances are the Carrier will
not get the leave they
want.
I cannot stress how important it is to find out what your
contractual rights are!!! Whether it be requests for leave, working
holidays, bidding routes, or whatever make sure you protect yourself!
You are your best resource. If you're not sure what your Local Agreement's
provisions are, search the Branch Web Site for that information. Basil will have
the address posted in this newsletter on the inside back cover.
Several Carriers have informed me that the new Bakersfield Postmaster, Andy
O'Connell, has been seen checking Carriers on the street. Well, he has
every right. Simply because previous Postmasters chose not to does not
mean they cannot. Contractual provisions state that Carriers can be expected to
be supervised on the street. You just need to be sure and follow all safety
provisions. However, I would expect the Postmaster to follow all safety driving
procedures he would require Carriers to follow. I personally know of past
incidents where supervisors have left postal vehicles running unattended; parked
on the wrong side of the street; and, have even gotten speeding tickets while
looking for Carriers. It would certainly be unethical to require any less
vehicle safety from
his supervisors than that required of his Carriers.
There certainly have been problems with employees locking postal
vehicles. As Branch 782 Vice-President Mike Towery would say, "That has to be
the number one flavor-of-the-month". Each time there has been a change of
management (either at the stations or
the position of Postmaster) that person brings his/her own special
interests--those issues that they believe to be most important.
It won't take long to see what the immediate priorities are.
Management will make it very clear. When you see they are issuing discipline
for leaving vehicles open, make sure yours is locked. When you hear them
repeatedly telling you to make sure that your mail is in the back of the vehicle
keep your mail in the back of the vehicle! I know it is difficult to
adjust to change, but it has to become part of your work. The Postal Service
pays Carriers by the hour to perform all work
required. It is part of your job. We have been successful in most
cases on discipline issued for unlocked vehicles in Post Office parking areas.
But you must be aware that now management wants those vehicles locked. Lock 'em!!!
Unfortunately, I have received many calls about Carriers dealing with the
ramifications of on-the-job injuries. I have written so many articles about this
issue that I will not repeat myself in this particular Branch article. Let
me offer you the best possible resource that is available. Our Branch Web
site now has the new OWCP manual offered by National Headquarters. Take the time
to review those provisions, you never know when they will become important to
you.
The Branch 782 General Membership Meeting is February 25th at
your Branch Office. Be there and become one of those Carriers interested in
protecting their jobs and insuring protection of their contractual rights!
In Solidarity
Frank Thomasy
Be Safe!
Be Professional!
Be Consistent!
Be Proud!