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Seattle NALC wins use of cell phones in the office

 

From Postal Reporter Reader (4/22/05)

Vice-president's Report-Two for Our Side
-Gloria Belarde-

Joint USPS-NALC Step B decisions are equal to Step 3 decisions in the APWU. While limited to the installations involved, they ARE citable and precedent-setting. The three Step B decisions refute claims made in other locations that no such policies exist or can be workable. Today's tiny cell phones can take voice and text messages anytime, anywhere without interrupting a person's work. Some of our letter carriers use hands-free headsets that allow them to case and talk at the same time.

Through the grievance process, the Union has been successful on both the cell phone policy, as well as the policy that prohibited Carriers from bringing personal items onto the workroom floor. The Dispute Resolution Team has recently resolved these issues at the Step B level.

The Seattle District Policy on cell phones came out in 2003. This policy prohibited Carriers from having their cell phones on the workroom floor. Calls on your personal cell phone would only be allowed during authorized break and lunch periods. This policy was grieved at different stations, as well as a class action for the entire Branch.

The Dispute Resolution Team on 1/28/05 resolved the grievances. The decision states:

"In accordance with Seattle District policies, personal cellular telephones are not prohibited but cell phone usage should not negatively impact or disrupt the productivity of the operation. Cell phones shall only be used when it is safe and reasonable to do so."

This allows the Carriers to have their cell phones with them if a family member needs to be in contact or in other cases when it's essential to be contacted by the schools, doctors or other such important contacts. Keep in mind this decision does not allow for Carriers to use cell phones just to chitchat.

Another policy that was implemented last year throughout Branch 79 instructed Carriers that they would no longer be allowed to have personal items on the workroom floor. This was grieved at a few installations, citing that management violated a well-established past practice.

The Dispute Resolution Team resolved the grievance. The decision stated: "Management violated Article 5 of the National Agreement by unilaterally terminating an established past practice which allowed City Letter Carriers to bring personal items onto the workroom floor: Upon receipt of a copy of this decision, Management is directed to immediately reinstate and continue the established past practice of allowing Carriers to bring personal items onto the workroom pool: The Carriers are reminded to observe good housekeeping practices."

Before the decision was reached, the B Team contacted the Western Area and the National Business Agent's office. It was mutually agreed that JCAM pages 5-1 through 5-4 were controlling in this type of dispute. The decision was reached on January 14, 2005.

The National parties have agreed that Article 15 of the National Agreement gives the Step B Teams the "responsibility for issuing decisions that are fair and consistent with the contract and the Joint Contract Administration Manual (JCAM), and written in a manner that is both educational and informative." This was agreed to in the "Memorandum of Understanding" between the USPS and the NALC on April 25,2002. We now have management in one of our installations who has refused to abide by the Step B decision. Their argument is that the B Team does not have the authority to change or rescind a policy that was issued by the Chief Operating Officer and Executive Vice President of the Postal Service.

The Union has again had to take the issue forward through the grievance process. It's our position that, in this installation, management has violated Article 15 of the contract when they refused to abide by a Step B decision that was jointly reached by the parties. This included a member from management's side. When a resolution is reached on this issue, 1'11 inform you of the decision that was made by the parties. So for the time being, remember to follow the supervisor's instructions


As announced in the April 2005 NALC Branch 79 newsletter, Seattle area letter carriers are once again permitted to have personal cell phones on the workroom floor and to receive and make emergency calls to/from family members.

 See attachment of all three joint USPS-NALC Step B decisions.

Almost every week there are news articles on post office intruders who have guns. Having a cell phone can save lives by getting help quicker. Employees on the way to and from work have been attacked or witnessed attacks. An employee suffering a medical emergency can talk directly with 911. Some Supervisors take emergency calls from employees home, but fail to pass the messages on to the letter carrier until hours later. Some of the situations involved restraining orders and domestic violence at home.

The USPS Commission on a Safe and Secure Workplace (3 of 249 pages pdf) headed by Joseph Califano recommended cell phones for all letter carriers to help protect them from violence. Their report was issued in August 2000. Some communities provide free cell phones to letter carriers, so they can call 911 if they see anything.

 

New Articles

CARRIERS ATTACKED IN NEWARK. NJ.com reports that since April, at least 10 mail carriers from the Springfield Avenue Post Office have faced physical violence or threats of bodily harm, an unusual amount even for a large Post Office in an urban area, according to Postal Inspectors. The article said many of the problems are attributed to gangs and drug activity. The article said there is a plan to equip letter carriers with cell phones. And mailboxes in problem buildings may be moved outside. "We will not tolerate carriers being assaulted or threatened by anyone," Postal Inspector Tony Esposito is quoted as saying. (USPS Newslink)
 

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