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‘Why Did the Union Help Him?’

(This article first appeared in the March/April 2005 issue of The American Postal Worker magazine.)

Over the years I’ve been asked many times why the union represents workers who have bad records, and many of you have either heard or asked the same question. I’ll try to give you the short answer.

To begin with, labor organizations operate under rules established by the National Labor Relations Act.

The “Act” provides the union with the right and obligation (and privilege) to negotiate your contract. These negotiations have provided you with your raises, holidays, and leave, as well as with the rules governing overtime, seniority, and virtually every other aspect of your job.

In fact, union negotiations are the main reason you have a career postal job. Given a choice, do you think the Postal Service would hire any career employees? Don’t you think they would prefer to hire only casuals, and not have to worry about rights and benefits? Aren’t you glad we have a contract?

A Right, An Obligation

The National Labor Relations Act also gives us the right and obligation to enforce the contract. Sometimes through inadvertent error and sometimes through poor judgment, management improperly schedules overtime, displaces employees improperly, or denies leave when it shouldn’t. The union enforces the contract to protect the rights – including the right to decent conditions of employment – of all workers.

The “Act” also gives us the right and obligation to represent employees who are being disciplined. Under the collective bargaining agreement, management may issue discipline only for “just cause.” Just cause provides that management must comply with a series of steps before issuing a letter of warning, a suspension, or a notice of removal.

Just as in those instances when they make mistakes in scheduling and staffing, supervisors (who get paid well whether they do their jobs right or not) often do not meet their responsibility regarding “just cause.” For example, before any supervisor can issue a suspension or order a removal, a higher-level manager must approve the recommendation for discipline. And too often, other required just-cause steps are skipped. That’s where the union comes in.

Holding Parties Accountable

The National Labor Relations Act not only allows union officials to represent employees during contractual disputes, it allows employees to hold the union accountable if we fail to represent them adequately and to the best of our ability.

For example, if a supervisor bypasses steps of the “just cause” requirements, we believe it best to explain that to higher management. If we cannot persuade management that the supervisor’s actions were inappropriate, it may become necessary to prove it to an arbitrator. This course of action is far less expensive than explaining to the National Labor Relations Board why we neglected to point out the supervisor’s failure to meet the requirements of “just cause.” It is certainly more effective (and less expensive) than explaining it to a judge if we are sued for failing to adequately represent the employee.

Next time, instead of asking why the union went to the trouble of fighting to get someone’s job back, ask why supervisors issue discipline without following the proper procedure. Or ask why the Postal Service keeps supporting supervisors who fail to do their job properly.

Whether they relate to scheduling issues, overtime, leave, holidays, use of casuals, or just cause, the rules have been established in accordance with the law, and they must be followed. If the union doesn’t do its job, the National Labor Relations Act provides for penalties.

Oftentimes when front-line supervisors don’t do their jobs they are operating without fear of being punished by the Postal Service. And when employees get their jobs back mainly because the supervisor didn’t adhere to the requirements, the people they work with like to blame the union for letting them back on the workroom floor!

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