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MAIL HANDLER UPDATE

The policies and procedures for the application of sick and annual leave are being unilaterally changed for employees at the Denver P&DC. Despite the regulations contained in the Employees Labor Manual and the F-22 Timekeepers that establish Employer/employee relationships, Sam remains intent on creating an intolerable work Environment as he has already succeeded in ruining morale. At any rate I find this to be the opportune time to relate the Mail Handlers union's interpretation of the proper Procedure for the application and granting of leave. To begin:

· A request for any type of leave should be by submitting a form 3971 to your immediate supervisor in accordance with our local agreement. Request a 3971 from your supervisor. Should your supervisor refuse either of these requests, contact this union so an oral step one grievance can be initiated.

· Do not sign an attendance control generated 3971 that you do not agree with. Instead, officially request to see your union so an oral step one grievance can be initiated. (Also, requests to visit our union office should - in most cases - be honored within two to four hours. If not, contact us so an oral step one grievance can be initiated.)

· All attendance related issues (such as the signing of 3971's) should be done while on the clock, just as it is with all other work related issues. If denied the chance to do so, notify this union so an oral step one grievance can be initiated. Also, if you cannot punch in for any other reason other than tardiness, do not punch in late. Obtain a form 1260 from your immediate supervisor and annotate the time you reported for duty. Should you be denied this opportunity, notify your union so an oral grievance can be initiated. Also, postal regulations allow you to revise your schedule for that day. Should you be denied this opportunity please notify this union so an oral step one grievance can be initiated.

· Please watch your clock rings, as short clicks will generate a 3971. Your whole eight hours of work do need to be accounted for.

· Scheduled leave is defined as leave that was applied for and approved in advance. Management feels that all sick leave is unscheduled. All applications for sick leave should be submitted to your immediate supervisor and if done correctly, the leave should be considered scheduled. If not, notify your union so that an oral step one grievance can be generated.

· Our mail handler local agreement sets forth for up to 15% of a section to be excused for annual leave for 49 of the 52 weeks per year. Any such request should be submitted to your immediate supervisor for determination. Should your supervisor either:

1) Fail to produce a 3971 upon reasonable request,

2) Fail to accept or sign your 3971 or,

3) Fail to approve such 3971 pursuant to our local agreement, notify your union so that an oral step one grievance can be initiated.

· The F-22 timekeepers manual instructs that the determination on whether or not leave is scheduled is solely at the discretion of your immediate supervisor. Should someone other than your immediate supervisor attempt to make this determination, notify your union so that an oral step one can be initiated.

· Section 513 of the ELM as well as our National Agreement deems that documentation is required only after the 3rd day of Sick Leave. Two exceptions to this are when employees are on Sick leave restriction and when the agency is basically accusing you of abusing your sick leave. Should this be the case, (and expect it to be), ask that the reason for the documentation request be reduced to writing to include the reason for questioning the leave. This is your right under due process and should this request not be honored notify this Union so that an oral Step 1 grievance can be initiated.

· Section 513.332 of the ELM makes an exception to the advanced approval requirement. Employees must notify proper postal authorities of the nature of the absence as soon as possible. Upon return, request and submit a 3971 to your immediate Supervisor. If this request is denied, notify your Union so that an oral Step 1 grievance can be initiated.

· Documentation requests that include diagnosis or prognosis are not required. Proof of incapacitation and length of incapacitation have been deemed adequate. Should you be instructed to provide either attendance control or your Supervisor with either a diagnosis or a prognosis, request to see your Union so that an oral Step 1 grievance can be initiated.

· FMLA procedures allow an employee to cover an absence with FMLA within 2 business days from their return to work. Also, a minimum of 15 days must be allowed for an employee to provide FMLA certification. If you return from leave, and are given a 3971 that reads "approved / not FMLA", request to see your Union so that an oral Step 1 grievance can be initiated. In addition this will be a violation of the Department of Labor FMLA law.

· The ELM contains language that requires that a new employee/employer relationship be established when an employee begins such new relationship. Should attendance control attempt to violate this principal, please contact your Union so that an oral Step 1 grievance can be initiated. When the ELM is violated to a more egregious degree by the agency taking the action, than by the accused employee, your Union should be successful in overturning any charge. Management ultimately knows this, however, they do not care. This whole attendance policy is about money and paybacks. Tying up your paid leave gives management back some of the money they squandered removing needed machinery and moving machinery from point A to point B. Now, they desperately need the labor force they no longer have. The pay back part is Sam's ongoing desperate attempt to blame the craft employees for all the poorly planned and executed changes that have failed.

Incidentally, management has dug up an old Step 4 interpretive decision from Missouri to justify removing basic employee/employer relationships as far as leave and attendance issues are concerned. Your Mail Handler Union has a Step 4 that permits every attendance related grievance to be presented to attendance control. This means that any time attendance control attempts to reestablish himself or herself as your immediate supervisor, please notify your Union so that an oral Step 1 grievance can be initiated.

In Unity,

John Meding

State Representative, Local 321

May 8, 2000