CORE ISSUE: 7 DAY SUSPENSION - FAILURE TO …

1 CORE issue : 7 DAY SUSPENSION - FAILURE TO MAINTAIN A REGULAR WORK SCHEDULE GRIEVANCE #154-OM-08 DECISION: The Dispute Resolution Team has RESOLVED this grievance by determining that based on the facts in the file Management had Just Cause to issue the 7-Day SUSPENSION . In an attempt to resolve this instant case and as per the Formal Step A s offer, the 7-Day SUSPENSION will be reduced in length from two years to one year. EXPLANATION: The NALC argues that Management did not have Just Cause to issue the Grievant a 7-Day SUSPENSION in this case.

2 Several of the absences listed in the SUSPENSION Letter were sick leave for dependant care (SLDC) and to discipline the Grievant based in part in the use of verified SLDC is punitive and definitely not corrective. The Grievant had absences in January and March for SLDC, two other absences in January and June due to the flu and one extended absence in April due to the death of his grandmother, which is covered under the new provisions on the National Agreement which relates to bereavement leave. The NALC contends they have shown that three of the five incidents cited in the SUSPENSION Letter are inappropriately cited, which leaves just two incidents which hardly seem excessive.

3 The NALC feels the 7-Day SUSPENSION was improper and should be purged from his file immediately. Management contends they had Just Cause to issue the Grievant a 7-Day SUSPENSION and that the Grievant has a Letter of Warning already in his file. Management contends the Grievant has been previously made aware of the requirement to be regular in attendance through stand-up talks and individual interviews. Management further contends that the Grievant submitting documentation for his absences only provides the Grievant with the right to be paid for the time he chooses to use sick leave.

4 However, those absences were still unscheduled. The Step B Team has determined that based on the facts in the file and in conjunction with Sections 5 and 6 of the Employee and Labor Relations Manual (ELM, listed below) Management had Just Cause to issue discipline in this instant case. The ELM reads in part as follows: Unscheduled absence Definition Unscheduled absences are any absences from work that are not requested and approved in advance.

5 Employee Responsibilities Employees are unexpected to maintain their assigned schedule and must make every effort to avoid unscheduled absences. In addition, employees must provide acceptable evidence for absences when required. Attendance Requirement of Regular Attendance Employees are required to be regular in attendance. FAILURE to be regular in attendance may result in disciplinary action, including removal from the Postal Service.

6 Disciplinary Action Postal officials may take appropriate disciplinary measures to correct violations of the regulation referred to in 665. The National parties Memorandum on SLDC states: MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO Re: Sick Leave for Dependant Care The parties agree that, during the term of the 2001 National Agreement, sick leave may be used by an employee to give care or otherwise attend to a family member with an illness, injury or other condition which, if an employee had such condition, would justify the use of sick leave by that employee.

7 Family members shall include son or daughter, parent, and spouse as defined in ELM Section Up to 80 hours of sick leave may be used for dependent care in any leave year. Approval of sick leave for dependent care will be subject to normal procedures for leave approval. Date: November 21, 2001 The JCAM, page 10-10 states: Sick Leave Use. Letter carriers apply for sick leave, either in advance or after returning to work, by submitting a Form 3971. When an employee has an unexpected need for sick leave, he or she must notify the appropriate postal authorities as soon as possible of the illness or injury and the expected duration of the absence .

8 Upon returning to work, the employee must submit a Form 3971 (ELM Section ). Sick leave approval must still be sought and approved as per the ELM, which states: Authorizing Sick Leave Requests for Sick Leave General Except for unexpected illness or injury situations, sick leave must be requested on PS Form 3971 and approved in advance by the appropriate supervisor. Unexpected Illness or Injury An exception to the advance approval requirement is made for unexpected illness or injuries; however, in these situations the employee must notify appropriate postal authorities of their illness or injury and expected duration of absence as soon as possible.

9 When sufficient information is provided to the supervisor to determine that the absence is to be covered by FMLA, the supervisor completes PS Form 3971 and mails it to the employee s address of record along with a Publication 71. PS Form 3971, request for or notification of absence General request for sick leave is made in writing, in duplicate, on PS Form 3971. If the absence is to care for a family member, this fact is to be noted in the Remarks section.

10 Approval or Disapproval The supervisor is responsible for approving or disapproving requests for sick leave by signing PS Form 3971, a copy of which is given to the employee. If a supervisor does not approve a request for leave as submitted, the Disapproved block on the PS Form 3971 is checked and the reason(s) given, in writing , in the space provided. When a request is disapproved, the granting of any alternate type of leave, if any, must be noted along with the reason for the disapproval.