Sunriver Regional Assembly
November, 1999
Contract Interpretation Seminar

ARTICLE 16

167. Discipline must be corrective in nature, rather than punitive.

True - JCAM page 16-2

For most offenses management must issue discipline in a "progressive" fashion issuing lesser discipline, e.g., a Letter of Warning, for a first offense in a pattern of increasingly severe discipline for succeeding offenses.

168. Discussions with employees are not discipline and are not grievable.

True - See Article 16, Section 2 and M-00548 Step 4

It is important to note that any information about those discussions shall not be included in the employee's personnel folder, and discussions are held in private.

169. An official discussion may be maintained in a carriers file for 2 years.

False - M-01190 and M-00988, page 287.

No notation pertaining to a discussion shall be included in an OPF discussions are not to be noted in a central record system or passed from one supervisor to another.

170. There is an established time for supervisors to retain personal notes concerning carriers.

True - See M-00966 Step 4

The provisions are found in ELM Chapter 3 and ASM 120.190.

171. Supervisor's notes are destroyed when the supervisor/employee relationship ceases.

True - M-00996 Step 4

172. A letter carrier has a right to have a Steward present during discussions between the employee and the supervisor regarding the employee's use of sick leave.

False - See C#03769, National Arbitrator Aaron

Note: It is extremely important that the membership be aware that it is the request of the employee that triggers the Weingarten rights.

The question that precedes the request for a Steward though should be a question of the supervisor as to whether or not this discussion may lead to discipline. The answer of the supervisor will determine whether it is appropriate for the employee to request a Steward.

You should be reminded that some discussions allegedly begin as simple discussions but soon tam into investigatory interviews so employees should be made aware that if they believe the discussion is turning toward an investigatory interview, they should immediately request the Steward at that point.

173. Supervisors may exchange written notes regarding discussions with an employee with other supervisors.

False - See M-00314 and M-00103 Step 4's

174. Official discussions may be notated in an employee's Official Personnel File.

False - See M-01 139 and M-00548 Step 4's

Supervisors may maintain private, personal notes, but they are not to be placed in any official file, nor are they to be exchanged between supervisors.

175. Discussions which involve fact-finding and which may lead to discipline entitle the employee to representation, if requested.

True - See M-0 1 140 Step 4

176. Linear daily volume estimates cannot be utilized to constitute the sole basis for disciplinary action.

True - See M-00394 Letter dated August 22, 1979

177. Linear measurement evaluations can be the basis for discussions concerning the letter carrier's efficiency and a discussion may be held pursuant to Article 16, Section 2.

False - See M00498 Step 4

Any discussions using linear measurement or DUVRS as a basis may not be held pursuant to Article 16, Section 2 and the appropriate way to determine the office efficiency of a letter carrier is to apply 141.2 of the M-39 Handbook which allows a one-day count.

178. A one-day count and inspection may not be used as the sole basis to establish a standard against which the carrier's performance may be measured for disciplinary purposes.

True - See M-00829 Step 4

M-39, Section 141.2 allows for a one-day count to determine office performance but there is absolutely no contractual provision for a one-day count and inspection. 3999s may be done throughout the year.

179, Management may discipline for failure to meet the 18 and 8 casing standards.

False - See M-00386 Step 4

The NALC's position has always been and remains that the only basis for disciplining a carrier relative to casing standards is "unsatisfactory effort.

180. Discipline must be effected within 14 days of the date it occurred.

False However discipline must be timely without extended delays. See

C#01520, National Arbitrator Garrett. See C#01456. Also see C#7106.

181. An individual who has been disciplined during the waiting period for a step increase shall automatically have their step increase deferred.

False - Memorandum of Understanding, June 12, 1991

As agreed by the parties the only situation in which a step increase is deferred is when the amount of leave without pay exceeds 13 pay periods.

182. Insubordination in and of itself is grounds for an emergency suspension.

False - See C#10423, Regional Arbitrator Parkinson

183. The Postal Service may not initially issue disciplinary suspensions of less than five working days.

True - See M-00582 Memo Darrell Brown

If the Postal Service issues such a suspension of less than five working days, the suspension is procedurally defective and an argument of the Union should arise citing this Darrell Brown Memorandum.

184. If a suspension begins as five days or more and is unilaterally reduced by the Service to less than four days, the Darrell Brown Memorandum does not apply.

False - See C#06671 Regional Arbitrator Eaton

A suspension administratively reduced to less than four days does fall under the Darrell Brown Memorandum and also would be procedurally defective.

185. Emergency suspensions are subject to review and concurrence the same as regular suspensions.

True - Arb C# 05164, Regional Arbitrator LeWinter

186. An employee can be removed at any time for a disability.

False - See C#00145, Regional Arbitrator Levak

187. When a grievant is a veteran who falls under the Veterans Preference Act, and is issued a proposed removal as well as a letter of decision based on the same charges, it is unnecessary to grieve the proposed removal, but only the letter of decision.

False - See M-00374 Step 4

If a local fails to process a grievance on the proposed removal and only on the letter of decision, they will be found procedurally deficient and untimely and may be subject to a duty of fair representation suit by the employee.

It must remembered that the letter of decision deals solely with the individual's rights under the Merits System Protection Board and the proposed removal is the triggering document relative to the grievance.

Two separate meetings must be held and two separate grievances filed.

188. A Veteran's preference eligible who has been disciplined may withdraw a concurrent MSPB appeal at any time prior to the actual hearing date of an arbitration and maintain the Union's right to arbitration.

False - See M-00830 Memorandum of Understanding

An individual must withdraw their MSPB appeal prior to the time the case is appealed to arbitration. The postmark will be the controlling criteria.