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GRIEVANCES

Provided below is general information related to the grievance/arbitration procedure as provided for in
Article 15 of the National Agreement between the United States Postal Service and the National Rural Letter Carriers' Association.
 
This is not intended to be, nor should it be considered all-inclusive information. Rural craft employees should consult the National Agreement and/or contact their Local, Area or State-level steward as appropriate concerning the proper application of the grievance/arbitration procedure.

THE GENERAL POLICY related to grievances is found in Article 15, Section 1 of the National Agreement (contract).

Grievances which are filed pursuant to this Article are to be processed and adjudicated based on the principle of resolving such grievances at the lowest possible level in an expeditious manner, ensuring that all facts and issues are identified and considered by both parties. In the event that a grievance is processed beyond Step 1, both parties are responsible to ensure all facts, issues and documentation are provided to the appropriate union and management officials at the next higher level of the grievance procedure. The parties further agree that at any step in the grievance procedure, the Union representative shall have full authority to settle or withdraw the grievance in whole or in part. The Employer representative, likewise, shall have full authority to grant, settle or deny the grievance in whole or in part.

What can be gleaned from the contractual language above is the following:
  • Grievances should be handled based on the principle of resolving the grievance at the lowest possible level.
  • Grievances should be handled in an expeditious manner.
  • At Step 1, both parties should ensure that all facts and issues are identified and considered.
  • If a grievance advances beyond Step 1 both parties are responsible for ensuring all facts, issues and documentation are provided to the appropriate officials at the next higher level of the grievance procedure.
  • The Union representative has full authority to settle or withdraw the grievance in whole or in part.
  • The Employer representative has full authority to grant, settle or deny the grievance in whole or in part.
WHAT IS A GRIEVANCE?
 
Article 15, Section 2 of the National Agreement provides a definition:

A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to, the complaint of an employee or of the Union which involves the interpretation, application of, or compliance with the provisions of this Agreement.

In simple terms, a grievance is nothing more than a dispute, difference, disagreement or complaint.
Of course the complaint, or difference of opinion must be related to wages, hours, and/or conditions of employment.
As long as the disagreement exists, a potential grievance exists.
HOW DO I FILE A GRIEVANCE?
 
Article 15, Section 3 of the National Agreement establishes the procedure for initiating a grievance:

Any employee who feels aggrieved must discuss the grievance with the employee's immediate supervisor within fourteen (14) days of the date on which the employee or the Union has learned or may reasonably have been expected to have learned of its cause. The employee may be accompanied by the steward or a Union representative, if the employee so desires.

In general, an employee who has an issue (which falls under the definition of a grievance as identified above) MUST discuss the matter with their immediate supervisor within fourteen (14) days of having learned of the issue (or within 14 days of when they reasonably may have been expected to have learned of its cause).
 
This is commonly referred to as an "informal discussion" or a "discussion" and it is just that. It is a discussion between the employee and the immediate supervisor where the employee identifies the issue (the dispute, difference, disagreement, or complaint) and the supervisor provides a response to the employee's concern; the employee and the supervisor discuss the issue in an attempt to reach resolution to the concern.
 
Keep in mind that you (the employee) have the right to be accompanied by the steward or a Union representative if you so choose however the presence of a steward is not required.
 
If you are able to resolve the issue with your supervisor it is advisable that any Settlement Agreement be in writing and signed by both parties. It is also important to provide a copy of the settlement agreement to the appropriate steward (Local, Area, or State-level). Settlement Agreements can not be "sweetheart deals" and can not violate the National Agreement or the contractual rights of any other employee.
WE WEREN'T ABLE TO RESOLVE THE ISSUE - NOW WHAT?
 
Additional language in Article 15, Section 3 provides the following information:

If no resolution is reached during such discussion, the supervisor shall promptly annotate a joint Step 1 grievance form, indicating briefly the issue and the date of the initial discussion, which constitutes the Step 1 filing date. The grievance will then be considered further by the installation head or designee and the steward or a union representative.

The joint Step 1 grievance form identified above is PS Form 8191. It is a Postal Service form and your local manager should have a copy of the form available. Once the grievance form is annotated by your supervisor you should immediately make contact with the appropriate steward so they can begin preparations for the next step of the grievance procedure.

RESOLVING ISSUES WITH USPS MANAGEMENT

The five steps below should help you deal with conflicts and/or complaints
between yourself and management.

1. Prior to meeting with your immediate supervisor to discuss your issue, it is suggested that you thoroughly review the
Issue Resolution Worksheet. This worksheet will walk you through the process of issue resolution and, if necessary, the filing of a grievance. The worksheet, once completed and provided to the appropriate steward, will provide necessary information for the steward who will be making every effort to obtain a satisfactory resolution on your behalf.
It is important that you provide the Issue Resolution Worksheet to the appropriate steward as soon as possible upon completion of the worksheet.
 
2. If you are able to resolve the issue through discussion with your immediate supervisor, the settlement should be documented on a Settlement Agreement form, signed and dated by both yourself and your manager.
It is important that you provide a copy of the Settlement Agreement to the appropriate steward as soon as possible upon completion of the form.
 
3. Should the filing of a grievance become necessary, remember that the National Agreement requires that: "Any employee who feels aggrieved must discuss the grievance with the employee's immediate supervisor within fourteen (14) day of the date on which the employee or the Union learned of its cause."
 
4. If the issue remains unresolved after your discussion with management, and you wish to file a grievance, verbally state to your immediate supervisor: "Please consider my previous discussion of this unresolved issue as the beginning of Step 1 of the grievance process." To make sure your supervisor understands that you are filing a grievance, you can add: "I am hereby filing a grievance on the issue we just discussed and were unable to resolve."
 
5. Once a grievance has been filed, your steward representative only has ten (10) days to complete the Step 1 process. It is very important that the Issue Resolution Worksheet be completed and given to the appropriate steward as soon as possible after a grievance has been filed. The information you provide on the Issue Resolution Worksheet will help your steward complete the necessary paperwork for completion of the Step 1 process.
Be sure to keep a copy of the Settlement Agreement and/or the Issue Resolution Worksheet for your records.

Provided above is general information related to the grievance/arbitration procedure as provided for in
Article 15 of the National Agreement between the United States Postal Service and the National Rural Letter Carriers' Association.
 
This is not intended to be, nor should it be considered all-inclusive information. Rural craft employees should consult the National Agreement and/or contact their Local, Area or State-level steward as appropriate concerning the proper application of the grievance/arbitration procedure.