LIBRARY

CAN THEY DO THAT?

by Clerk Craft Director Joanne Brown

My supervisor called me into the office and threatened to give me discipline because the office received a bad score on a Mystery Shopper Report. Can they do that?

No. The USPS and APWU have an agreement that the Mystery Shopper reports, retail observations conducted by postal employees who don't work at the targeted location, and similar programs are not to be used for discipline. These programs are to be used as a management tool to evaluate strengths and weaknesses in the performance of the office window services. The Manager or Postmaster may then decide to take steps such as give service talks, rewards, or perform a retail observation themselves. Management MAY NOT search for the transaction named in the Mystery Shopper report to find out which SSA conducted the transaction. Additionally, SSA's are not responsible for issues such as waiting time in line, lobby display, and the number of counters that are staffed. All of these issues determine an office's Mystery Shopper score. If you are threatened with or issued with discipline for issues related to the Mystery Shopper, contact your union representative immediately.

I called out sick for one day, and when I returned to work my supervisor said I had to have a doctor's note. Can they do that?

Article 10.5.A of the National Agreement between the APWU and the USPS states that for periods of absence of three (3) days or less, a supervisor may accept an employee's certification as reason for an absence. The JCIM, p. 59, states that according to ELM 513.361, medical documentation or other acceptable evidence is only required when an employee is on restricted sick leave, or when the supervisor deems documentation desirable for the protection of the interests of the Postal Service. If you are not on restricted sick leave and your Supervisor asks for a note for less than 3 days, you should submit the note as directed, but then you should contact your union representative to file a grievance. Your steward can file a grievance and include a request for a remedy that will reimburse you for the cost of seeing your physician. If you do not submit a note and you are issued discipline for failure to do so, your steward may file a grievance requesting to rescind and expunge the discipline based on the articles mentioned above.

My supervisor told me to change the color codes on some mail that has been in the office for a few days. He has told me to do other things I know are against the rules. Can they do that?

No. You are in a tough spot, though. On the one hand, you are required to follow instructions, and Article 3 of the National Agreement states that management has the exclusive right to direct employees in the performance of official duties. However, if the instructions you receive are verbal, you will have no proof to offer if you are later caught violating postal regulations. Many postal employees have experienced this dilemma in interactions with auditors, postal inspectors, or supervisors other than the supervisor issuing the original order. One way to handle this is to ignore the instructions. In most cases, you won't be written up because the supervisor will hesitate to break the law in writing. Another strategy is to request the supervisor to give you the instructions in writing. In my experience, they will usually back down and walk away at this point. If you are continually harassed by your supervisor to violate a rule and they continue to refuse to issue the directive in writing, tell the supervisor you would like to speak to a union representative.