Sunriver Regional Assembly
November, 1999
Contract Interpretation Seminar

ARTICLE 19

215. A letter carrier may designate the line of travel as the approximate break location for their street breaks.

True - See M-00138 Letter dated May 10, 1979

216. A street break may not be taken in the office.

False - See M-00424 and M-00527 Step 4's

217. Breaks must be recorded on Form 1564A and shall have a specific time noted on the form as to when they occur.

False - See M-00134 letter dated February 21, 1979

Specific times must be indicated for lunches but not for breaks.

218. Breaks may not be taken in conjunction with a lunch period.

True - See M-00834 Pre-arb and M-39 Section 242.341

219. A part-time flexible will only be allowed to take a break if they work a minimum of eight hours.

False - See M-00618 Step 4

It is agreed that breaks can be taken on a prorated basis of five minutes for each two hours worked.

220. Personal comfort stops are deducted from total street time during route examinations.

False - M-00242 Step 4

221. 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.

222. Where an employee meets the criteria of M-39, Section 271.g. and requests a special route inspection in writing, discipline for excessive office or street time is inappropriate.

True - See C#05952 Regional Arbitrator Levak and C#07603 Regional Arbitrator Levak.

223. Management may not require foot carriers to carry parcels weighing more than two pounds.

False - See C#03222 National Arbitrator Aaron

Management may require foot carriers to carry those parcels on an infrequent non-routine basis unless there is an equally prompt, efficient and reliable way to effect that delivery.

224. Letter carriers may not verify an entire mail count.

False - See M-00814 Step 4, M-31, 221.131

This also applies for one day counts. See M-01216.

225. Management must provide permanent adjustments to routes to place them in as nearly an eight hour basis as possible.

True - M-00792 Pre-arb, December 11, 1987. See also M-39 Section 242.122 and Section 243. 11

226. Management may use a one-day 3999 to determine the actual street time of a route.

False - See M-00745 Joint City Delivery Committee Meeting on December 11, 1979.

See M-39 Section 242.32.a. which provides that the street time shall be determined by the average street time for the seven weeks random time card analysis and the week following the count and inspection or the average street time used during the week of count and inspection. See also M-00829, Step 4.

227. A Union Steward's activities if occurring weekly or more often, may be appropriate for inclusion on line 21 of the 1838-C.

True - See M-00726

228. Management may set an appropriate pace at which a letter carrier must walk.

False - See M-00304 Pre-arb, October 22, 1985

This provision indicates that there is no set pace at which a carrier must walk and no street standard for walking.

229. A special route inspection is conducted in accordance with the applicable provisions of the M-39.

True - See M-00632 Step 4 and M-39 Section 272

230. One-day counts per 141.2 of the M-39 can be utilized to substantiate discipline for lack of performance.

False - See M-00005 and M-00829 Step 4's

231. If management has a problem with an employee's office efficiency they should conduct a one-day count.

True - See M-00385 Step 4

232. When management refuses to properly conduct a special route exam a monetary remedy should be requested.

True - See C#05545, C#06720 and C#06722

233. A letter carrier who is on an eight hour limitation cannot qualify for a special route inspection.

False - See M-00690 Step 4, M-39 Section 271

This section provides that if a route shows over 30 minutes of overtime or auxiliary assistance on each of three days or more in each week during a 6 week period, the regular carrier assigned to such route shall upon request receive a special mail count and inspection to be completed within four weeks of the request.

234. Earlier start times during count week are at the discretion of management.

False - See M-01088 Step 4

235. Management can perform one day counts without using an 1838C.

False - See M-01181 Step 4

236. Management must conduct carrier requested special inspections within 4 weeks, even during June, July, and August.

True - C# 11099, National Arbitrator Bernstein

If the employee qualifies and requests it.

237. Management may delay 271(g) requests if a unit review is scheduled within 60 days.

False - See C#10635, Regular Arbitrator Roukis

238. Management can only use current route inspection data in implementing DPS.

True - See M-01221 Step 4

239. Carriers who case faster than standard will suffer less of an impact in office time under DPS methodology.

True - See M-01114 Step 4

240. During route adjustments near term in a DPS environment for routes at more than 8 hours, management is prohibited from adjusting routes territorially.

True - M-01 14 Step 4

241. A current event is defined as the day DPS begins.

False - M-01114 Step 4

A current event is defined as routes or a route shown to be out of adjustment by recent route inspections.

242. Management has no obligation to maintain DPS quality after obtaining the threshold percentage.

False - See M-01225 Step 4

243. In stations without 6 shelf cases, management will determine the definition of a letter.

False - See M-01112, Memorandum September 19, 1992

The definition remains the same.

244. Management may unilaterally cancel previously authorized lunch locations.

True - Except where it can be shown that the cancellation was arbitrary in its reasoning. See C#06096 Regional Arbitrator Preble and C#03902 Regional Arbitrator Britton.

245. Letter carriers may not pursue activities other than eating lunch during their authorized meal period.

False - See M-00622 Step 4

This Step 4 indicates clearly that carriers are free to pursue activities other than eating lunch, as long as those activities are not in violation of postal regulations. See also M-00545 Step 4.

246. A letter carrier may take his lunch at the end of his eight hour shift.

False - See M-00093 Pre-arb, April 4, 1985

No employee may be required to work more than six consecutive hours without a meal or a rest period of at least one -half hour. Additionally it is NALC's position that a failure to take a lunch is in violation of FLSA.

247. The workload assessment process, in certain examples, may be used to replace the route inspection process.

False - See M-01233 Step 4

248. The DUVRS system is not the established criteria for the development of office time.

True - See M-00269 Step 4

249. Reference volume alone can be the basis to substantiate wrongful expansion of street time.

False - See M-00600 National Joint City Delivery Meeting Minutes of November 16, 1983.

250. The Postal Service requires random drug testing of all present employees.

False - See M-00653 USPS Memorandum August 6, 1986

This provision prohibits across the board random drug testing of present employees under any circumstances.

251. The Service may test certain drivers for drugs.

True

Currently CDL drivers may be tested under provisions ordered by the U.S. Transportation Department.

252. The Postal Service may schedule a fitness-for-duty examination at any time per their discretion.

False - See ELM 864.32 and EL-311 Section 343

The Service's right to order fitness for duty examinations is broad, but limited under the Family Medical Leave Act, and by the general prohibitions against arbitrary and capricious action, or illegally discriminatory action.

253. An employee may not be scheduled for a fitness-for-duty examination on their non-scheduled day.

False - M-00356 Step 4, M-94 Step 4

The Postal Service may schedule employees for fitness-for-duty exams on non-scheduled days.

254. When an employee is called in for a fitness-for-duty examination on a non-scheduled day, the Postal Service must guarantee them 8 hours pay.

False - See M-00094, M-00550, M-00356 Step 4's

These Step 4's allow the Postal Service to pay these individuals only for the time takingg the examination, including travel time.

255. In the case of a limited duty carrier, they may not be required to undergo an FFD during non-work hours.

True - See M-01 16 1, Pre-arb 1993

256. Management must explain that an injured employee is guaranteed a choice of treating physician.

True - See M-01117, Management Instruction MI EL 504-91-1, January 25, 1991.

257. Supervisors are allowed to accompany an employee to non-emergency work related doctor visits.

False - See M-01102 Step 4

258. Supervisors are allowed to accompany an injured employee in emergency treatment cases.

True - M-0 1 102 Step 4

However, the supervisors only role is to insure the employee receives prompt attention. The supervisor may not witness or participate in treatment.

259. Management may not issue forms locally, nor locally revise, existing forms.

False - See M-00852 and M-00808 Step 4's

Such forms must be either promulgated or revised per Section 325 of the Administrative Support Manual. If such forms are not properly revised according to that section, then the forms are grievable and should not be allowed.

260. Only letter carriers may relabel cases and fill out the Forms 313.

True - See C#03329 National Arbitrator Aaron

261. Form 1571 is a defunct form and should not be utilized by carriers.

False - See M-00413

1571s are still in use and should be filled out on the day to which they apply.

262. Form 1750 which is utilized to evaluate probationary employees, can be used to evaluate employees who are not probationary.

False - See M-00354 Step 4

Only probationary employees are evaluated using Form 1750.

263. Only carriers should maintain Form 3982.

True - See M-00256 Step 4, M-41, Section 241.3

264. A copy of Form 3996 may be requested by a carrier and shall be provided.

True - See M-00144 Step 4 and M-39, Section 122.33

265. Individuals who provide carrier assistance shall complete the lower portion of the Form 3996 as instructed on the form.

True - See M-00294

266. A vehicle repair tag Form 4565 may be filled out the following day if the employee is in an overtime status.

False - See C#06135 Regional Arbitrator Schedler

An employee must be allowed official time to complete the Form 4565 even if they are in an overtime status.

267. Local management may develop local forms provided the local Postmaster has authorized such form.

False - M-00852 Pre-arb 1992

This pre-arb cites ASM 324.12. The ASM has been revised. The original language is now found in ASM 325. Also see M-01 156.

268. Management may require carriers to write their leaving and returning times on the carriers' case during the commitment process.

False - See M-00853 Step 4

269. Letter carriers may be required to sign local forms as a condition of employment.

False - See M-00544 Step 4

Management may document the specific provisions of handbooks and manuals reviewed by carriers and the information given to them, but there is no national requirement for carriers to acknowledge that the subject information was received. See also M-00015 and M-00328 Step 4's

270. Remedies for supervisors intimidating employees or violating the Violence and Behavior in the Workplace Memorandum can call for that supervisor to be barred from supervising letter carriers.

True - See C#15699, National Arbitrator Snow

271. Written apologies are inappropriate as remedies for management's misconduct toward employees.

False - See C#15316, Regional Arbitrator McCaffree

The Postmaster was ordered to post a written apology and reimburse sick leave.

272. There is a limitation as to how many bundles that may be required on a mounted or curbline route.

False - See M-00750 Pre-arb, April 28, 1987

273. In offices where there is a CFS or CMU function, letter carriers are not required to forward or return any class of mail, including oversized parcels.

True - See M-00477 Step 4

274. When carrying marriage mail, both the cards and the related item are to be cased and collated with the appropriate class of mail.

False - See M-00750 Pre-arb, April 28, 1987.

When there is a single detached address card marriage mailing to be delivered, the address label cards are cased and the unaddressed flats are placed at the back of the regular flat bundle. In a DPS environment on a walking route using the composite method, a fourth bundle may not be required.

275. The Postal Service may not require letter carriers to deliver mail without a specific address affixed as a third bundle.

False - See M-00159 Step 4, April 17, 1988

This particular settlement agreement provides that in all instances carriers may be required to deliver the above type of mailing as a third bundle. This same settlement goes on to say that in no case may the Postal Service require a fourth bundle on a park and loop route.

276. If the Postal Service requires that two simplified address mailings are to be delivered on the same day, the correct procedure is to collate the two bundles so that they may be handled as a third bundle.

True - See M-00159 Step 4

277. Pre-sequenced mail (letter or flat size mail with the specific address affixed that arrives pre-sequenced in the order of delivery) is always to be collated in the appropriate size of mail.

False - See M-39 Section 121.33

Carriers on curbline routes handle such mail as a third bundle

Park and loop routes should not deliver such pre-sequenced mail as a third bundle except on dismount deliveries as National Arbitrator Garrett stated in C#03003.

278. Samples too large for delivery to a customer's mailbox should be left outside of the box if adequate protection is provided.

True - See M-00779 USPS Letter dated February 6, 1987

279. A letter carrier should never leave a form 3849-A, Delivery Notice or Receipt, for a sample.

False - See M-00779 Step 4

If the delivery cannot be accomplished in a safe manner, the Form 3849-A should be utilized and the sample and the card should be returned to the delivery unit.

280. Carriers are not required to sign for stamps by mail.

False - See M-01012 Step 4

281. The Postal Service may bar the release of medical records under the Privacy Act.

False - See C#06652 Regional Arbitrator Rotenberg

The Union is entitled to medical records if they are necessary to investigate or process a grievance even in cases where the employee involved does not authorize the release of the information. See Management Instruction EL 860-98-2.

The Privacy Act does not bar the release of such information when it is necessary for collective bargaining purposes.

282. Local management can allow schedule changes for employees' personal convenience without the concurrence of the local union.

False - See M-00698 Step 4, EL 401 III, Section 4.b, ELM, Section 434.622.i.

283. Management's rights are absolute and they can choose to disregard other contractual provisions or handbook cites in the exercise of those rights.

False - See C#03206 National Arbitrator Mittenthal

The Postal Service through the bargaining of the rest of the portions of the National Agreement has limited the rights found in Article 3. It should be pointed out that in order to limit management's rights under Article 3, there must be specific contractual or handbook language, otherwise the Union has no basis to challenge those rights.

See also C#05670 National Arbitrator Mittenthal

284. Part-time flexible letter carriers may be assigned to perform clerical duties and required to pass examinations on schemes if their assignment anticipates use of scheme knowledge as provided by part 124 of the M-41 Handbook.

True - See M-00518 Step 4

285. An unassigned regular's schedule is set based upon the work hours and days off of the first week of work within that category and relevant local memoranda.

True - See Handbook EL-401 III D, Section 5