Understanding Your Rights

Many employees accept unwarranted discipline because they are unaware of their rights under the Collective Bargaining Agreement, or union contract. Out of fear of losing their job or being harassed, an employee may just let the incident drop and hope things will get better. Actually, things often get worse, and the employee finds themself in serious trouble.

File a Grievance

If you are issued a letter of warning, face suspension or removal, or when management violates the contract, file a grievance within 14 days of the date of the incident. When your supervisor issues the discipline, it must be in writing with your right to fi le a grievance outlined. Contact your union steward or representative immediately to file a grievance. Never wait until the fourteenth day to contact them.

Share all facts, information, and documents with your union steward or representative. They need this information to successfully represent you. If a contract violation has occurred, the union will fi le a grievance on your behalf. If the grievance is not resolved at the local level, a National Business Agent is authorized to appeal the case to arbitration. Once arbitrated, an award is issued by an arbitrator, which is binding for both the union and the Postal Service.

Several locals are involved in pilot disciplinary programs. The processing of a grievance might be different in those locals.

Don't Ignore Harassment

If you feel your rights are being violated by a supervisor, consult your union steward or representative immediately, because harassment often leads to disciplinary action. If you are being sexually harassed, inform the harasser that you find their comments offensive and that you request that they cease at once. If it does not stop, notify postal management. If it persists, consult with your union steward or representative and request that they file a grievance against management, as the Postal Service must provide a workplace environment free from harassment. Sexual harassment violates Section 673.4 of the Employee and Labor Relations Manual (ELM).

Dealing With the Office of Inspector General and Postal Inspectors

If questioned by an Office of Inspector General (OIG) agent or postal inspector, you should:

• Remain calm.
• Correctly identify yourself.
• Request a union steward, representative, or an attorney be present, as appropriate.
• Remain silent until you have consulted with your steward, representative, or attorney.
• Prior to any searches of your person or property, request to see a search warrant.
• If they do not have a warrant, inform them that you do not consent to the search, but do not physically resist arrest or the search.

Consult With a Union Steward, Representative, or Attorney First:

• Don't sign any papers waiving your rights.
• Do not admit to or deny any allegations.
• Do not make any typed, written, or oral statements.

Remember, the OIG agent or postal inspector will NOT inform you of your right to have a union representative present. You must request one. Beware of the good guy, bad guy routine. One OIG agent or inspector acts as the bad guy, while the other acts as the good guy in an attempt to con you into believing that they are trying to help you. What you say will definitely be used against you.

As this is the Department's last article of 2024, I extend my best wishes to you and your loved ones for a Happy Holiday Season and a New Year filled with Peace, Good Health, Happiness, and Prosperity. Be Blessed and Stay Safe! ■

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