VIRGINIA CONSTITUTION & BYLAWS
UPDATED September 27, 2009
Local steward elections will be held in July. Please see links below for information necessary to hold legal elections which comply with Labor Law and NRLCA Constitution.
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CLICK HERE FOR FORMER STATE STEWARD ED EMMERT'S FIVE PART ARTICLE ON LOCAL STEWARD ELECTIONS
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CLICK HERE FOR STATE STEWARD WAYNE HARRISON'S ARTICLE ON MANDATORY STEWARD ELECTIONS
STATE STEWARD
I. WAYNE HARRISON
P O Box 651
Callao, VA 22435-0651
Phone: 804-529-7902
E-Mail: statesteward@hughes.net
ASSISTANT STATE STEWARD
BILL GILLIOM
15212 Crescent Street
Woodbridge, VA 22193-1623
Union Phone: 703-939-5816
E-Mail: wmgilliomsr@verizon.net
ASSISTANT STATE STEWARD
TOM SISK
13303 Nickleson Dr.
Woodbridge, VA 22193
Phone: 703-939-5817
Email: TESisk14@aol.com
ASSISTANT STATE STEWARD
ROGER ROBINSON
210 Maywood Street
Blacksburg, VA 24060-1316
Phone: 540-808-3267
E-mail: rogerrobinson24060@msn.com
ASSISTANT STATE STEWARD
JOHN BRADLEY
P.O. Box 58
Heathsville, VA 22473
Phone: 804-724-1582
E-mail: Bradleyj224@aol.com
by ED EMMERT, VA RLCA STATE STEWARD
(Published as a 2-part series in the Sept. 6, 2001
and Nov. 29, 2001 editions of our state paper.)
Grievance activity is at an all time high. Issues continue to spring up at offices all over the state. Many offices which are on the repeater list are strongly active. Management is becoming more aggressive and equally ambitious in their supervision of rural craft employees.
In a time when there is great concern for the future of the postal service, many fear for their future and even their jobs. In such a climate, we see behavioral patterns emerging which are not complimentary to either side.
Rural carriers are up in arms at indignant, arrogant, and non-responsive managers. Managerial methods are changing. Office working conditions are being affected negatively by these changes. It is most likely to get worse before it improves.
In such an atmosphere, it appears our only avenue of resolve is the grievance procedure. Cooperation locally is certainly needed by craft and management. The failure of local management to really attempt to settle grievances and complaints is not conducive to the expected work efforts expected of many rural carriers.
On the other hand, rural carriers have been filing frivolous grievances which have no possibility of resolution. Then, the association, or some steward gets blamed for not winning the grievance.
Let's take a look at some timely advice we can all use.
RESOLVING LOCAL DISPUTES AND ISSUES
As long as there are employers, employees, and unions, there will be differences and disputes. The very definition of a grievance opens the door for activity on issues of concern. Management is not moved by what the union says as much as they are concerned about their bonuses.
So, motivation is an important projectile thrust into the day-to-day work opportunity.
From PTF positions, RCA issues, relief day issues, application of the formula, leave, to redlining mail count items, we find fertile ground for many grievances.
Quoting from an article, "Stewards are facilitators of dispute resolutions; they are not your personal servants nor do they have a magic wand to make all problems disappear at your whim."
Presently, stewards are being drawn into situations which cannot have an expected resolve. Is it a grievance? Is it just a complaint? Do I go to EAP? Should I request REDRESS? Is an EEO filing in order? What about my OWCP claim? Is mediation available?
Truly, there are other avenues of help available and, in some cases, the only method of possible resolve. Remember, it behooves all of us to attempt to resolve problems at the local office. Also remember, rural carriers do not file grievances against each other. Grievances are filed against management.
Conflict will arise if a steward tries to represent rural carriers with complaints against each other. Resolving issues at the lowest possible level is still the basis and the first step of success. Good faith attempt by all parties is important and needful.
DEALING WITH CONFLICTS, COMPLAINTS, AND GRIEVABLE ISSUES
The person with the problem should first discuss the issue or complaint with the immediate supervisor. Even when you receive a not so cordial welcome, you should attempt to present your case the very best way you know how. Give the supervisor an opportunity to respond.
Do not make demands -- just present your case calmly but with firm determination and in good faith. Absent a resolve to the problem, you should contact the steward responsible for representing your office.
Describe the situation, giving the steward all the relevant facts known at the time. A written statement(s) is very helpful showing time, dates, names, witnesses, violations (if known), etc. If the steward feels that a grievance is both warranted and necessary, you should contact your immediate supervisor and arrange a meeting for the purpose of discussing the issues further and filing your grievance.
STEP 1
Once it has been determined that a violation exists and a grievance is warranted, you should then arrange a meeting with your supervisor to further discuss the issue and initiating a Form 8191, USPS-NRLCA Joint Grievance Form. It is at this point that the grievant may request steward representation.
At this informal part of the Step 1, grievants should present their views and give their input and arguments, if any. Normally, this is the only time the grievant is actually involved in the procedure from the formal part of Step 1, Step 2, Step 3, and Step 4.
In disciplinary cases that go to arbitration, the grievant is usually a witness in those hearings. So, grievants should take the time and effort to fully present their input at the informal meeting. It is necessary to remember that a grievance must be filed within 14 days from the time of the incident or when you learned of the cause of the incident. Refer to the chart below of time limits.
STEP EVENT TIME LIMIT
1 Initial Filing 14 days
Joint Investigation & Meeting 10 days
Appeal to Step 2 7 days
2 Meeting of Step 2 Designees 10 days
Written Decision 7 days
Appeal to Step 3 10 days
3 Meeting of Step 3 Designees 15 days
Written Decision 15 days
Appeal to Step 4 or Arbitration 21 days
Once initiated at Step 1, Items 1 - 4 of Form 8191 should be completed. Copies of the Form 8191 then go to the installation head or designee and the union representative. There is then 10 days in which to build a joint file on the grievance.
This may include interviewing witnesses, gathering of documents, getting full and detailed statements from any persons involved in the matter or who may have vital information related to the problem. Remember that in building the joint file, it is a mutual responsibility of the union and management to share information. It should be made clear as to what remedy is sought.
It is important that the grievant understand that once the filing is accomplished and the preparation for the Step 1 meeting with the installation head or designee is initiated, the grievance then becomes union property. The contents of the file are not available to the grievant once the steward takes over.
The grievant does get a copy of Form 8191. During the next 10 days, the steward gathers all possible information relative to the complaint and prepares the case. Once the scheduled meeting with the installation head or designee arrives, the parties attempt to resolve the grievance based on the known facts. The Form 8191 is appropriately checked at the bottom with these options: settled, denied, withdrawn, sustained, or other. If the grievance is denied, it may be appealed to Step 2 for further consideration.
During the Step 1 process, it is very important that the grievant be forthright and honest with the union representative. There are times when all the facts are not given to the steward. When in meetings with management, facts may come out that harm the results of the grievance decision. It is obviously critical that everything relating to the complaint be appropriately shared with the steward.
It is also important to remember that every complaint is not necessarily a grievable issue, even if so, it is not always winnable. Filing frivolous grievances can be a waste of time and money for the union. When an office does not have a local steward, an area steward or an assistant state steward may be assigned to handle the problems.
In such instances, it generally always requires the VA RLCA to pay for a day of pay plus expenses for the representative. It is not uncommon for this amount to be $200 - $300 dollars. Thus it is readily seen that grievances without merit affect the union in more ways than one.
So the cost of representation is not just a "snap of the finger" but a serious consideration on the part of all. Then we often are faced with representation of those rural craft employees who are not union members. We are still obligated to them by labor law. Representing non-members who pay no dues or support the union has a very negative effect.
STEP 2
Once a grievance is denied at Step 1, the steward has seven days to appeal to Step 2. The process calls for an appeal letter to be sent to management's Step 2 designee at the district level. Representation at Step 2 for the union is normally done by an assistant state steward.
In the Richmond and Appalachian Districts, they meet with the assigned labor relation specialist. In Northern Virginia, our Step 2 designee meets with the manager of post office operations, over the particular office. A copy of the file is furnished to the Step 2 designee for the USPS. A date is scheduled to meet on the grievance.
During the process, it is not uncommon for either party to request an extension of time limits. This may be to further develop the facts or do additional interviews or investigations. At the agreed upon time, the Step 2 parties meet to discuss, review, and otherwise argue their case. Any decision at Step 2 will be in writing.
If the grievance is unresolved, the written decision is rendered to the union representative. Upon receipt of a Step 2 denial, the union has ten days to appeal to Step 3, if such is in order. There may be times that a weak or frivolous grievance which lacks strong merits will be withdrawn. Normally, this is not done without consultation with higher union representatives.
In any case, the grievant is sent a copy of the Step 2 appeal and given a copy of the Step 2 decision. Should a grievance be appealed to Step 3, the grievant will also get a copy of that appeal letter.
STEP 3
The state steward handles all Step 3 appeals. This means that once denied at Step 2, the file is sent to the state steward for his consideration for appeal. Upon receipt of the file, the state steward reads and studies the contents of the file. It may be that follow-up calls may be necessary. Additional information may be needed. These decisions are made at that time. The ten day time frame leaves little time to waste in preparation for appeal.
The state steward must write the appeal letter, prepare the file, and sends copies to the labor relation specialist in Memphis, TN and to the union representative in Sarasota, FL. At an agreed upon date, the Step 3 parties will meet in Memphis to consider the grievance. It is at that meeting that most grievance decisions are made. Only those denied by labor relations are given further consideration to appeal possibilities. If a decision is reached, copies of that decision are mailed to the stewards and grievant.
COMMENTS
At each step of the grievance procedure, there is no guarantee that the union will prevail. Thus, the appeal procedure is available to those grievances that appear to have some hope of winning. No one can guarantee a winning grievance. A case that has clear violations, established supportive documents and information has a much better chance of getting a good decision. The grievant should remember that management can deny a grievance at any level. Then the union has the option of the appeal procedure.
Mutual cooperation between the grievant and the union representative is imperative. Even when you do not like the steward, that person is assigned specifically to represent your office. They are bound to follow the rules of the grievance procedure. Stewards are also trained and certified in procedural steps to be more effective.
Mutual cooperation is desired but not always present in dealing with management. That is not uncommon in today's postal world.
You are encouraged to be sure an identifiable violation exists before filing a grievance. Secondly, you should look at the possibilities of a winning situation. An example: "I won my grievance to have my route adjusted. But . . . I did not want it adjusted to a 40K."
Winning is not always what it is cracked up to be. It can have negative effects later and in different ways. So the elements of the grievance have everything to do with the outcome.
Be wise in your pursuits. Be calm in your approach. Be right in your position.
Be a friend to a steward who is going to represent you and treat that person with dignity and respect. The effectual fervent effort of a steward often accomplishes more than you know.