Fight for Shop Steward’s Rights
In some post offices on Long Island, local management have been attempting to bully the local shop stewards and disregard the contractual obligations outlined in Articles 17 and 31 of the National Agreement when it applies to the steward’s rights. Generally, management will fail to approve or provide the appropriate amount of requested steward time to allow the steward sufficient time on the clock for grievance handling, which includes but is not limited to, time to investigate a grievance; requesting and obtaining information; time to conduct interviews with the grievant, witness, supervisor, or Postal Inspector; completing grievance forms; time to write grievance appeals; time to review relevant documents; scheduling an Informal A meeting; and more. A steward has the right to conduct all such activities on the clock. I have been hearing the excuses given by management such as, “we don’t have help”, “not today”, “that’s not a grievance”, “maybe next week”, or just totally ignoring the steward altogether. Management will attempt to do this so they can continue violating the contract and do whatever they feel like without any consequences or accountability.
As stewards, we must not allow this behavior to continue any further. When management fails to timely provide or honor a Steward’s requests, an Article 17/31 grievance must be filed. In order to prevail in any such grievance, it is extremely important that all requests be made in writing! The Steward must note on each request the date, time, and who the request was given to. Make sure you keep a copy of these requests to submit with the grievance. Please review the contractual language below located in Article 17 as it pertains to the rights of Stewards.
Article 17.3 of the National Agreement provides:
When it is necessary for a steward to leave his/her work area to investigate and adjust grievances or to investigate a specific problem to determine whether to file a grievance, the steward shall request permission from the immediate supervisor and such request shall not be unreasonably denied.
JCAM Page 17.5 provides in relevant part:
Right to Steward Time on the Clock. Although a steward must ask for supervisory permission to leave his or her work area or enter another one to pursue a grievance or potential grievance, management cannot unreasonably deny requests for paid grievance-handling time.
Management may not determine in advance how much time a steward reasonably needs to investigate a grievance. Rather, the determination of how much time is considered reasonable is dependent on the issue involved and the amount of information needed for investigation purposes
Steward time to discuss a grievance will not be denied solely because a steward is in overtime status.
If management delays a steward from investigating a grievance, it should inform the steward of the reasons for the delay and when time will be available. Likewise, the steward has an obligation to request additional time and give the reasons why it is needed.
An employee must be given reasonable time to consult with his or her steward, and such reasonable time may not be measured by a predetermined factor.
JCAM Page 17-6 provides in relevant part:
The appropriate remedy in a case where management has unreasonably denied a steward time on the clock is an order or agreement to cease and desist, plus payment to the steward for the time spent processing the grievance off-the-clock which should have been paid time.
Right to Information. The NALC’s rights to information relevant to collective bargaining and to contract administration are set forth in Article 31. This section states stewards’ specific rights to review and obtain documents, files and other records, in addition to the right to interview a grievant, supervisors, and witnesses.
Steward requests to review and obtain documents should state how the request is relevant to the handling of a grievance or potential grievance. Management should respond to questions and to requests for documents in a cooperative and timely manner. When a relevant request is made, management should provide for review and/or produce the requested documentation as soon as is reasonably possible.
Please read and review Articles 17 and 31 of the JCAM to further educate yourself on management’s responsibilities and the Steward’s contractual rights. You may want to also discuss any of these issues with your Full-Time Officer as well to guide you further as necessary.
Everyone please be safe and cautious with the excessive heat during these summer months. Have a wonderful summer!
