American Postal Workers Union (APWU)

FAQs

1. How does a shop steward become certified? The training manual emphasizes the importance of shop steward certification but does not specify the certification process. To understand how a shop steward becomes certified, you may need to consult the APWU national constitution, local bylaws, or contact a union officer for clarification.1
2. Once certified, what steps are taken to officially recognize the shop steward within the postal facility?
   • The local president provides a list of all shop stewards to the installation head.2
   • The local president must certify, in writing, the designation of stewards filing grievances outside their designated section and/or tour.3
   • All local officers serving as shop stewards must be certified.2
   • A list of shop stewards and their assigned sections and tours is posted on union bulletin boards.2
   • Shop stewards wear badges for identification purposes.2
   • Specific Contract Violations and Grievances
3. What are some common examples of contract violations that a shop steward might encounter?
   • AWOL charges: When an employee is charged as absent without leave (AWOL) improperly.4567
   • Denial of administrative leave: When an employee is denied administrative leave in situations like severe weather or facility closures.8910
   • Denial of advanced sick leave: When an employee is denied a request for advanced sick leave despite medical documentation.11
   • Loss of consecutive off-days: When a duty assignment is changed, resulting in the loss of consecutive off-days for a career employee.121314
   • Crossing crafts: When employees are assigned to work outside their designated craft or occupational group.15161718
   • Denial of annual leave: When an employee’s request for annual leave is denied improperly.192021
   • Denial of Family Medical Leave (FMLA): When an eligible employee is denied FMLA leave.222324
   • Improper holiday scheduling: When an employee is required to work on a holiday in violation of the contract provisions for holiday scheduling.25262728…
   • Untimely reversion of a duty assignment: When management fails to follow proper procedures for reverting a vacant duty assignment.32333435
   • Letter of demand: When an employee receives a letter of demand for alleged financial discrepancies and seeks union representation.36373839…
   • Failure to maximize Part-Time Flexibles to full-time: When management fails to convert eligible PTFs to full-time status.44454647…
   • Improper assignment of overtime: When overtime is not assigned according to seniority and the provisions of the Overtime Desired List (OTDL).55565758…
   • Mandating non-OTDL employees to work overtime: When employees not on the OTDL are required to work overtime in violation of the contract.626364
   • Use of PSEs in lieu of PTFs: When Postal Support Employees (PSEs) are used to perform work that could have been assigned to available Part-Time Flexible (PTF) employees.656667
   • PSEs working excessive hours: When PSEs work more than 8 hours in a day while qualified full-time employees on the OTDL are available.68697071
   • PSEs demonstrating the need for a duty assignment: When PSE work hours on the window demonstrate the need for a full-time duty assignment, which management fails to post.72737475
   • Untrained PSEs working on the window: When PSEs are assigned to work the window without proper training and qualification.767778
   • Restricted sick leave: When an employee is placed on restricted sick leave improperly.798081
   • Supervisors performing bargaining unit work: When supervisors perform work that should be assigned to bargaining unit employees.828384
   • Denial of union representation: When an employee is denied their right to union representation during an investigatory interview.8586
4. What should a steward do if management denies a request for information?
   • File a separate grievance, citing a violation of Articles 15, 17, and 31 of the CBA.87
   • Resubmit a second request for the information with proof of delivery.87
   • When appealing the original grievance, include copies of the denied information requests.8889
   • Include in the grievance a statement explaining why the withheld information would have proven the union’s case.88
   • If the information is not provided, reference the denial in corrections and additions to the Step 2 decision and in the Step 3 appeal.89
5. What is a class action grievance, and when should it be filed? A class action grievance is filed on behalf of a group of employees who have been affected by the same contract violation. It is appropriate when multiple employees have been impacted by the same issue, such as a change in work schedules or a widespread denial of benefits.90
6. What are past practices, and how are they relevant to grievances? Past practices are established ways of doing things in the workplace that have been consistently followed over time. They can be used as evidence to support the union’s position in a grievance. For a past practice to be binding, it should:9192
   • Be a clear and consistent pattern of behavior.
   • Be known and accepted by both management and the union.
   • Exist over a significant period of time.
7. What are the seven tests of just cause in disciplinary cases? The sources provide a list of “tests for just cause,” which are commonly used standards for evaluating the fairness of disciplinary actions. They are:93
   • 1. Notice: Did the employee have fair warning that the conduct was prohibited?
   • 2. Reasonable Rule: Was the rule or order reasonably related to the employer’s business interests?
   • 3. Investigation: Did management conduct a fair and objective investigation before taking disciplinary action?
   • 4. Proof: Was there sufficient evidence to prove the employee’s guilt?
   • 5. Equal Treatment: Were other employees who engaged in similar misconduct treated similarly?
   • 6. Penalty: Was the penalty appropriate to the offense and the employee’s past record?
   • 7. Mitigation: Did management consider any mitigating circumstances that might warrant a lesser penalty?