Before I get started on the title article.
On Saturday, I went to the 73rd Retirement Dinner, you all should go to the next one. It was a good time, and it was great to see Herb Gibson, and wish him a happy retirement. I know Herb from my zone 26 days. NALC Director of Safety and Health Manuel Peralta Jr. was there, so I availed myself of the opportunity to ask about the negotiations directly from one of our DC leaders. The short answer is the sides are still talking while arbitration is moving forward. For all my brothers and sisters at Hughes and other stations that ask me what is going on, that is what I was told. Basically, ignore all the stuff on the internet, click here NALC each evening, as when there is a contract this is where the information should be.
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights
Read the above link before we delve further in today’s subject. Anytime management is asking you a question, answer by saying you are invoking your Weingarten Rights, and need a steward. CCA’s can ask for any steward they want from the station they are assigned. If management tells you that they get to pick your steward let the steward the you want know as soon as you can, we will file if there is a violation. Just tell management you need steward time for Article 19, you do not need to give the specifics. If the Dissenter of Truth becomes abusive, that adds either JSOVB or M-39 115 violation to the existing violations.
Just this past Friday, I learned of a CCA being abused. A management type violated Article 41. Just so you know this management type is “Making the Numbers” (http://mseries.nalc.org/M01242.pdf) and the management types overlords will be pleased with their escalation of pay. Remember when a Dissenter of Truth tells you anything always confirm it by asking one of the informal steward in zones 1/28, 3, 22, or your favorite Formal steward, or NALC Branch 231. Article 41 is extremely clear that management can’t break an opt, except in extreme cases, and it does not appear the criteria was met. NALC Branch 231 has won Cease and Desist from the DRT regarding this exact same thing. This shows just how despicable the Dissenters of Truth are, and will abuse any carrier just because they are a failure. The funny(sad) thing is a Dissenter of Truth told me that this CCA opted on the route, probably just to prevent me from opting on the route. This at the very least may also be an Article 19 M-39 115 violation. Of course the Dissenters of Truth are making all kinds of excuses, to try to justify the violations of Article 41 & 19.
The interesting part, during the attempted cover up once the Dissenters of Truth were caught. One Dissenter of Truth even possibly violated the NLRA by questioning why the union was even asking about the Article 41 violation “that has been taken care of”.
JCAM 41-10
Opting on Temporary Vacancies. Article 41.2.B.3, 41.2.B.4, and 41.2.B.5 provide a special procedure for exercising seniority in filling temporary vacancies in full-time duty assignments. This procedure, called “opting,” allows carriers to “hold-down” vacant duty assignments of regular carriers who are on leave or otherwise unavailable to work for five or more days.
As it says in bold, as soon as anyone knows there will be a vacancy of 5 days or more that route is open to be immediately opted on. This applies as long as the RLC, UAR, PTF, or CCA isn’t currently on a opt.
Let’s go over another thing the Dissenters of Truth always say, that a CCA must be out of probation to opt.
JCAM 41-10
CCAs may opt for hold-down assignments 60 calendar days from the date of the first appointment as a CCA. Once a new CCA has met this requirement there is no additional waiting period for applying for/being awarded a hold-down when the employee is reappointed as a CCA or converted to career. If a newly hired CCA previously served at least 60 calendar days as a CCA or career city letter carrier, this rule does not apply.
If you are ever told you can’t opt as a CCA because you’re in probation this isn’t true, getting on a steady route, to learn how to carry is so so important, always avail yourself of the opportunity, the added benefit is you get to start at normal starting time.
JCAM 41-12
Duration of Hold-Down. Article 41.2.B.5 provides that once an available hold-down position is awarded, the opting employee “shall work that duty assignment for its duration.” An opt is not necessarily ended by the end of a service week. Rather, it is ended when the incumbent carrier returns, even if only to perform part of the duties, such as to case but not carry mail.
Remember this provision can be a bitter sweet thing. Allowing CCAs with less relative standing to swoop in, and take an opt if for whatever reason the regular doesn’t show up as expected to break the opt. There are several former CCAs (myself included) that used our knowledge of Article 41 to sneak in on premium routes that we would have never been able to get otherwise. ROFL That is why the saying “Knowledge is power” exist. NALC Branch 231 always encourages all members to learn their rights under the National Agreement. At the end of the day, the only way to stop the Dissenters of Truth from abusing you is with knowledge.
Only you can stop the abuse of you.
Print as many of the “Abusive Supervisor Incident Worksheet” below that you need, and complete them as needed. Give these to your steward, email/text to a Chair Officer, or drop them off at NALC Branch 231.
Know your rights:
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights
http://mseries.nalc.org/M01242.pdf
http://mseries.nalc.org/M00341.pdf
http://mseries.nalc.org/M00972.pdf
http://mseries.nalc.org/M00994.pdf
http://mseries.nalc.org/M00458.pdf
http://mseries.nalc.org/M00111.pdf
http://mseries.nalc.org/M00833.pdf
https://www.law.cornell.edu/uscode/text/29/158
NLRB link to file
https://www.nalc.org/workplace-issues/resources/body/MI-EL-670-2021-4.pdf
https://www.nalc.org/workplace-issues/contract-administration-unit/fmla
https://www.osha.com/blog/general-duty-clause
Here in Fresno, management types seem to like to complain that some stewards are being “difficult”. To this I say we are the least “difficult” bunch around, if you treat the City Letter Carrier humanely.
Go Go Chiefs the Super Bowl Champions, isn’t Chiefs red so beautiful.