Sunriver Regional Assembly
November, 1999
Contract Interpretation Seminar


ARTICLE 17

189. Management should allow the Steward time to do an investigation of a grievance with only a minimum delay.

True - See M-00458 Regional Letter dated March 10, 1977 and M-00127 Step 4.

The Steward may be required to state the reasons why the time is needed and management should inform the Steward involved of the reasons for any delay, as well as advising when the time will be provided.

190. The employer may "gag" the Steward during an investigatory interview and not allow them to speak as a representative of the employee.

False - See M-00546 NALC Legal Memorandum dated November 30, 1981

191. A Steward may be required to divulge information given to the Steward by a grievant.

False - M-1006, U.S. Court of Appeals District of Columbia. Cook vs NLRB.

192. The Branch President is precluded from acting as Chief Steward.

False - M-00952 Step 4

193. A Steward is entitled to the same latitude as his/her supervisor, including raising voices or using profanity, in their official capacity.

True - C#01191, Regional Arbitrator Goldstein. See also C#11177, Regional Arbitrator Levak.

This immunity to discipline is limited to situations where the parties are one on one and in private.

194. Additions and Corrections, if desired, are done on a Steward's own time.

False - See M-01145, APWU Step 4

195. Supervisors may refuse to answer questions during an investigation.

False - See M-00988 Step 4

196. The Union may not require management to divulge whether Union officials have applied for management positions.

False - M-01150 Pre-arb

197. Management may deny Union access to an employee's OPF to review disciplinary records when the employee has not consented if the review is part of a grievance investigation.

False - M-01101 Pre-arb

198. Official requests for information must be submitted in writing.

False - C#10310 Regular Arbitrator Searce, see also C#00183.

However, the NBA suggests strongly the request be in writing.

199. Management is not required to release medical records of an employee unless the employee has consented.

False - See M-01155 Step 4

The release of medical records is provided for in the ASM Appendix 120.90, EL 806 and by Article 17 and 31. See also M-00881, M-01208, and C#06652.

200. The Union is entitled to supervisor's discipline records when necessary and relevant.

True - M-01160 Pre-arb, and C#10986

201. A Shop Steward who is processing and investigating a grievance shall not be unreasonably denied the opportunity to interview postal inspectors.

True - See M-00225 Letter, March 10, 1981

202. Postal inspectors must allow a pre-interrogation consultation between Steward and employee, if requested.

True - M-01092, USPS vs NLRB No. 91-1373

203. The National Agreement mandates postal inspectors to give potential removal suspects their Miranda Rights.

False - See C#10510, Regular Arbitrator Erbs

204. The Union can insist on interviewing postal inspectors.

True - See C#10115, Regular Arbitrator Levak

205. A Steward and Alternate Steward may both process a particular grievance at their discretion.

False - See M-00503 Step 4

Once the Alternate Steward has initiated a grievance they may continue it as determined by the Union. Only one Steward will be given time for processing the grievance.

206. An individual may choose which Steward they want to process their grievances.

False - M-00811 Step 4

207. A Union member in one post office may be designated as the Union's representative to process a grievance at another post office.

True - See M-00233 Pre-arb, May 20, 1982

Such employee must be certified in writing to the employer at the area level and an employee so certified will not be on the employer's official time and will not be compensated by the USPS.

208. A former employee who is a certified Union Steward will be allowed to enter the postal facility to perform the functions of the Steward.

True - See M-00798 Step 4

209. A Steward may not be allowed to conduct an interview of a customer when the customer's complaint affects the hours, wages and working conditions of an employee.

False - See M-00761 Step 4

210. The Postal Service may under certain circumstances require a Steward to conduct a discussion by telephone rather than having a face-to-face interview.

True - See M-00565 Step 4

It is important to note though that travel in and of itself is not a sufficient basis to deny a face-to-face interview.

211. Form 1187 cannot be filled out by employees on the clock.

False - See M-00317 Step 4

Completion of the 1187 by employees is permitted during orientation.

212. While serving as Steward or Chief Steward, an employee may not be involuntarily transferred to another tour, station or Branch.

True - JCAM 17-3

This is so unless there is no job for which the employee is qualified on such tour, station, branch or post office.

213. Management must allow ample time for the local union to participate in new employee orientation in conformance with Article 17, Section 7.

True - See M-00644 Step 4

ARTICLE 18

214. If members of a local branch strike or attempt an obvious slowdown, the Union officers must inform the members they are in violation of the Agreement and order them back to work.

True - Article 18, Section 2

Back to [WSALC] back to Q&A home page