Article by Cameron Taylor, Maintenance Steward and Website Editor.
Many of us have known of a fellow craft employee placed on “emergency placement,” rightly or wrongly, for an alleged violation of the “Zero Tolerance Policy.” At the same time, all of us have experienced some degree of hostility, harassment, and/or violation of the Zero Tolerance Policy at the hands of an EAS employee (manager, supervisor, etc.). How many of them have been placed on emergency placement, investigated, and/or disciplined? Essentially none, and that’s something we need to change in Columbus, OH.
A few days ago I re-posted an informative article from 2015 by former steward Ken Hamrick, It’s Time: Zero Tolerance for Bullies in Charge. I recommend you read that article first and come back to this one. He lays out the history of the Zero Tolerance Policy, the APWU’s relationship with it, and the evolution of grievance-arbitration outcomes since its adoption until 2015. Clearly not enough has changed since that article was written, but we must work on that.
Not long ago I heard of a union steward threatened by a supervisor on the workroom floor in front of witnesses. Another recent incident I heard about involved a supervisor yelling and cussing at an employee on the floor, telling them “nobody likes you.” We’ve had managers tell employees “get the f**k out of my office.” We’ve had situations where EAS employees have placed their hands on craft employees.
In any one of the above situations, we all know what would’ve happened if the roles were reversed – if a craft employee had done any of the above to an EAS employee. They would’ve been walked out, put on emergency placement, and likely issued discipline up to a removal. But what has happened to those EAS employees? Nothing – and that must change that starting today.
Thankfully, we have had more developments in the grievance-arbitration process since 2015. In fact, late last year I was in contact with a Clerk Craft Director from New York about an arbitration they’d won that further solidifies our case that Management must abide by the ELM and the Zero Tolerance Policy just as much as they from expect craft employees.
That case involved a Postmaster in West Nyack, New York. The local union prevailed in proving that the Postmaster “violate[d] the code of ethical conduct outlined in Chapter 6 of the ELM and the Zero Tolerance Policy,” and that Management “violate[d] Article 14, ELM 660, and the Zero Tolerance Policy when it failed to take appropriate action regarding the conduct of [the Postmaster].”1
Arbitrator Joseph A. Harris vindicated the APWU, and the victims, with the following monumental award:
The grievance is upheld. PM Poole violated ELM 665.24 and the Zero Tolerance Policy on March 01 and 02. The USPS violated Article 14 and the Zero Tolerance Policy when it failed to place [the Postmaster] on [emergency placement], failed to initiate an investigation in a timely manner, and failed to provide the Union with requested information regarding the investigation/discipline. Management will provide the Union with documentation of the 7-day proposed suspension claimed to be issued by [the POOM]. Additionally, I order the following administrative actions:
- Management within 30 days will remove [the Postmaster] from his position as postmaster and permanently prevent [the Postmaster] from holding any position which involves supervisory authority over anyone. The USPS will ensure that he is not able to covertly influence or control operations at any facility in contradiction of this order.
- Management will provide anger management training for [the Postmaster].
- Within 90 days, Management and Union officials will meet with a specialist to discuss possible administrative measures to address harassment and abused of authority in the Postal Service.
I retain jurisdiction over this matter sine die.
March 23, 2023
Joseph A. Harris, PHD
Arbitrator1
As laid out clearly, Management is not above the law, postal policy, or anything else. They must follow the same ELM and Code of Conduct that they expect us to abide by, and when they violate the policies there must be consequences as well. Too many Stewards are unaware that Management can, and must, be disciplined for Zero Tolerance Policy violations. Hopefully this article, in conjunction with Ken Hamrick’s 2015 article, will help change that.
It must be noted that there are many arbitration cases where the Union isn’t victorious. What’s the difference between those losses and the above victory? Evidence – overwhelming evidence. The Union needs statements describing incidents of abuse, harassment, etc. with as much detail as possible, including times, dates, witnesses, and so on. That’s where all of you, members and stewards alike, come in – document everything!
If you witness a member of Management behave in any way that’s hostile, aggressive, etc. to a worker, write it down! Keep a record of the date, time, and a description of what was said/done and to whom.
If they yell – write it down.
If they threaten – write it down.
If they insult or belittle – write it down.
If they place their hands on an employee – write it down.
If they’re even just rude or condescending – write it down!
And after you’ve written it down, give a copy to your Steward. Even if that occurrence isn’t enough to act on, it will come in handy later on if/when the Union does file a grievance.
Document Harassment and Hostility
Here are a few options to document harassment:
- Fill out this online form: Employee Report of Hostile Behavior by Supervisor or Manager.
- Download and print out this PDF version of the above form. Physical copies are also outside the union cubicle at Citygate.
- Fill out a PS 1767, Report of Hazard, Unsafe Condition or Practice.
- Just write it down on paper.
- Keep a log in your phone via Google docs, texting yourself, etc.
Regarding PS 1767, the National APWU, backed up by successful grievances and arbitrations, believes the form is a correct method of reporting harassment, hostility, etc. to Management. They should record their response(s), and give you a copy. Make sure you get a copy, but if they refuse to give you one, let your Steward know that you submitted one so they can look into it. Even if you document the issue using one of the other options, you should still try to submit a PS 1767 as well.