Know Your Rights on the Job
(This article appeared in the May/June 2005 issue of The American Postal Worker magazine.)
Joyce B. Robinson, Research & Education Department Director
Some USPS supervisors seem to enjoy issuing discipline. In many post offices, it appears that the more discipline supervisors issue, the higher they are promoted.
It also seems that many employees accept unwarranted discipline simply because they are unaware of their rights under the Collective Bargaining Agreement. Out of fear of losing their jobs or being further harassed, many employees just let incidents drop and hope that things will get better.
Too often, things get worse, and before employees realize what’s happening, they find themselves in serious trouble. Too often, it’s only at this point that they contact the union.
The Grievance Procedure
It is imperative that you know your rights under the contract. If you receive a letter advising you that disciplinary action will be taken, contact your union steward immediately to file a grievance. Never wait until the 14th day.
If your supervisor refuses to grant you permission to see your steward, find a way to get the word to the steward to contact you. Cooperate with your steward; share all information and documents. To process a grievance successfully, it’s important that the steward have all the facts.
If the dispute has merits, the steward will file a Step 1 grievance on your behalf. You have a right to be present at the Step 1 meeting. If the matter is not resolved at this meeting, it can be appealed to Step 2 and, if necessary, Step 3 of the grievance procedure.
The union may appeal an adverse Step 2 decision directly to arbitration for disciplinary grievances or grievances that protest violations of local contract provisions.
If the grievance has not been resolved at Step 2 or Step 3, a National Business Agent or APWU Advocate will determine whether or not to appeal the case to arbitration. If the case does move on, and is arbitrated, the arbitrator’s decision is final and binding. (In some areas, pilot programs currently under way may present variations to the grievance procedure.)
Talking With Postal Inspectors
Some employees are petrified at the mere thought of talking to a postal inspector.
If you are called in for questioning by a postal inspector — even if you believe you are not guilty of any wrongdoing — you should immediately request a union representative. If the subject involves a criminal matter, you should request an attorney. In either case, you should essentially remain silent until you have consulted with someone representing your side.
You should never admit to (or even deny) any allegations, or make any other remarks, without first having consulted with a steward or attorney. Nor should you sign any written statements without consultation.
Remember: The postal inspector will not inform you of your right to have a union representative present; you must request one. Beware of the “good cop, bad cop” routine where one inspector acts as the bad guy and the other then tries to smooth things over by being your friend and conning you into believing he or she is trying to help you.
Refuse to answer questions unless a steward or attorney is present. What you say will definitely be used against you.
If you feel your rights are being violated, even if disciplinary action has not yet been taken, consult your steward immediately. Harassment often leads to discipline; don’t allow your supervisor to harass or intimidate you.
The union, the contract, and the law of the land are on your side: Knowing your rights can make working for the Postal Service a lot less stressful.
2005 Educational Programs
The Research & Education Department will offer two “Basic Arbitration Training” programs and two “Leadership Training for APWU Presidents” conferences this year. For addtional information on these events, contact the Research & Education Department at 202-842-4225.