PostalReporter reader: The NALC is celebrating this class action arbitration award on the misuse of DOIS. Below are excerpts from the decision (let us know of any mistakes in converting case from PDF):
For the U.S. Postal Service: Robert McCoy, Labor Relations Specialist
For the Union: Sandra Emerson, Arbitration Advocate
Shawnee, Oklahoma
The grievances are sustained, The Postal Service improperly utilized the Delivery Operations Information System (DOIS) figures to set the carriers’ leave and return times in violation of the M-39 Handbook. In addition, the improper DOIS figures created a hostile work environment for the carriers.
Arbitrator
ISSUES’
1) Whether the Postal Service violated the National Agreement, including the applicable Handbooks and Manuals, by using DOIS recordings to set carriers’ daily office and, street time each morning? 1f so, what is the appropriate remedy?
2) Whether a hostile work environment was created by the Postal Service’s use of DOIS to set carriers’ daily office office and street time? If so, what is the appropriate remedy?
RELEVANT FACTS
On February 4, 2009, Supervisor Reece Davis (Supervisor Davis) posted a laminated placard at each carrier case. The placard had spaces to write in the number of letter pieces, flat pieces, and the expected leave and return times for the individual carrier. On February 17, 2009, Supervisor Davis was questioned about why the placards were posted at the carriers” cases.
Supervisor Davis responded that the placards were only there to comply with the POOM who may come by the facility and would want to see the placards displayed. Nothing further was discussed with the carriers at that time. On February 24, 2009, before the carriers’ begin tour, a Supervisor Davis began walking around to each carriers case and recording on the posted placard the: piece count amount of letters and flats taken from the Delivery Operations Information System (DOIS numbers). The DOIS numbers were generated from the Workload Status Report. The D0IS numbers were also recorded before all the mail was available for the carriers to case for their routes. In addition to recording the DOIS numbers, the supervisor began informing the carriers of their leave and return times based on the DOIS number.
After receiving the DOIS numbers and their leave and return times, the carriers would then inform the supervisor if they needed any help to complete their route in the allotted eight hour time period. If additional time was needed a Carrier Auxiliary Control Form 3996 (3996) was filled out and the supervisor would either approve or disapprove the request. On March 10, 2009, a grievance was filled regarding the new manner in which Postal management utilized the DOIS numbers and determined the carriers’ leave and return times. The grievances went unresolved through the lower grievance levels and were appealed to arbitration to be heard by this duly appointed arbitrator.
The only agreed upon method for changing office or street standards is outlined in the M-39 Handbook. The Postal Service’s insistence on trying to hold carriers to the DOIS projected office leave and street/return times violates the criteria set forth in the M·39 Handbook. See JX·2 at 26. M .. 39 Handbook 242.311 states that, ”Under normal conditions, the office time allowance for each letter route shall be fixed at the lesser of the carrier’s average time used to perform the office work during the count period, or the average standard allowable office time. In addition, M-39 Handbook~ 242.321 provides “For evaluation and adjustment purposes, the base for determining the street time shall be either: a The average street time for the 7 weeks random timecard analysis and the week following the week of count and inspection: or b. The average street time used during the week of count and inspection.” The Postal Service failed to follow those provisions and that has led to a hostile work environment for carriers.
In particular, carriers have complained about how stressful the environment is since Supervisor Davis has utilized the DOIS numbers to determine the leave and return times. The carriers felt badgered, bullied and harassed. PM Hansen has also threatened the carriers with possible termination if they don’t meet the D01S numbers. See JX-2 at 103. In all, the improper use of DOIS as the sole factor for determining carrier’s leave and return time and the manner in which Postal management interacts with the carriers regarding their DOIS violates the National Agreement. The Postal Service should be required to cease and desist from using DOIS and from creating a hostile work environment for the carriers.
Eisenmenger, However, by concluding that the Postal Service did violate the National Agreement, the improper use of the DOIS numbers led to the resistance and animosity &ultimately created a hostile work environment for the carriers. In essence, but for the Postal Service’s improper utilization of the DOIS numbers a hostile work environment would not have been created.
For the foregoing reasons, the grievances are sustained. The Postal Service is to cease and desist from primarily utilizing the DOIS numbers to set carriers leave and return times. Going forward, the Postal Service shall follow the provisions of the M-39 Handbook to determine the leave and return times. In addition, the Postal Service must cease and desist from creating a hostile work en;lr1ronment by not following the M-39 Handbook to determine leave and return times.
November 23, 2009
PETER J. CLARKE
Arbitrator
IHAVE BEEN A LETTER CARRIER FOR OVER 27 YEAR I WILL NOT GO ALL THE WAY DOWN MEMORY LANE AND TAKE ABOUT THE GO OLD DAY WHEN WE WERE A FAT AND HAPPY COMPANY. BUT WHAT I SEE IS MOST MANAGERS FORGET WE ARE THE POSTAL SERVICE. SERVICE IS BEING REPLACE WITH NUMBER MAKING. ITS GOING TO BE THE NAIL IN THE COFFIN YEP THE ALMIGHTY MAKING THE GOALS INSTEAD OF ENFORCING GOOD DEPENDABLE RELIABLE SERVICE THE PEOPLE EXPECT AND PAY FOR.
I work for the USPS in Orlando Florida. In my station. The supervisors do whatever the Manager wants because they are all afraid of this Manager. I have been working for the Government for almost 38 years and never seen anyone Violate the Zero Tolerance in the workplace like this manager. His Bully Tactics and how his Attitude is hard to believe. He Deliberately courses a Hostile Environment. We need help in my station before something happens. If you come to my station and ask the carriers if their worried about there jobs. You will find out how bad it is here. All the Unions do is Defend the case. In the meantime. carriers and their families suffer the Harassment of these managers. Upper management know this kind of thing is going on all over our Country and knowone does anything about it. When something bad, real bad happens. The Experts on TV in the news say way are these things happening? Were there any signs? I’m asking these Experts to open their eyes and ask the right questions in these places where these things are happening.
All I have to say with the new minor adjustments system about time you implement them another one is coming because the mail volume keeps dropping. If a carrier can’t make 18 and 8 with the vertical cases then something is wrong and the Supervisor should address all the defeciences. Alot of carriers don’t know what theirs are, until it gets addressed. Once a Supervisor starts to address it then you will see carriers making their Office time. It really does help the Office in general when the employee knows whats expected of them on a daily basis. Structure is the key. Supervisors control the grievances in the Office if a Supervisor does something wrong then you have to know sometime down the road it will be brought up, so the best way is not to do it. I know alot of the times it’s hard but that’s when you as Supervisor manage your employees to the best of their ability either being in the Office or Street.
What I read in this is that a manager can never give carriers “DAILY” work expectations. According to the article the only way to set office and street times is through the 7 weeks average.
That would mean (if you plan on following the book) that you would have to pull a 7 week average each day to figure out what a given carrier should be doing. That’s crazy.
Management has to be able to determine the workload on a DAILY bases. DOIS may not be that tool, but I’m open to suggestions….
What I hate is that every time a carrier complains about management you bring up bonuses….LOL, I haven’t received and raise at all in 3 years. Higher levels of management sure have, but at my level…..no way. Every carrier in my office made more then me last year when you add in OT…and I worked more hours so Stop lumping us all in the same group….it would be all too easy to lump carriers in the same way….
…I don’t do it because I know not all carriers take 45 minute lunches…or take 6 “bathroom breaks” during an inspection…or take 8 hours with 2500 pcs of mail one day and the ask for OT then next when they only have 1200 pcs. In today’s postal world there is no way you can get me to believe that there is any such thing as “an 8 hour route” – they change daily
Lastly, grievance settlements should be corrective…not punitive. You will never win $ on a grievance (in my office) if you didn’t lose money by something I did wrong. I love how the NALC is always trying to tell management how to cut their pay and save $$$, but guess what, the NALC cost the USPS more money in the grievance / arbitration process than what the USPS paid out in “bonuses” last year….and that’s just counting the cases that the NALC lost within the process.
In the military we had a saying….don’t get the General involved when the LT can handle it. Problem is everyone (both Mgmt and craft) want something for nothing.
Hey CrispyB you’re funny! You do have a point though, sometimes a carrier’s estimate is not accurate but newsflash! neither is a supervisors. Their is just as many dishonest supervisors out there as their is carriers and last time I checked there is a lot less supervisors than carriers, so what does that say about that craft? Is it even a craft? and supervisor Sam not all people in power see things your way; some people take things personal and use the ‘TOOL’ to their advantage and/or as you said try so hard to make their POOM and District Manager so happy that they forget their human too … nice to see and confirm that supervisors are answering this thread, just proves that you guys really have nothing else to do, do you?
You don’t get to be paid for 8 hours work when your route is only six and a half, seven hours today. It’s a fact of life some people are going to have to get used to. The best way to cut waste is schedule tight and operate lean. This doesn’t mean you run your employees into the ground, though. I know there are plenty instances of waste and fat that can be trimmed in the excutive ranks, that’s always going to be the case, even in top notch private sector companies. Ideally, we would all have routes well adjusted right up to the minute but we know this is impossible to achieve, so pivoting is here to stay. And what is the most fair and equitable way to ensure everyone is giving their fair share? DOIS! This arbitrator was an idiot. I mean, name some other way that’s going to work by measuring your workload TODAY and determine an expected leave and return time TODAY, and I’d be happy to employ it. Any suggestion that we just go with the carrier’s “hunch” is unacceptable. It needs to be a tangible, measurable method that stops short of physically counting each piece daily, no one has time or money to do that so be real.
As a supervisor, I must agree with almost everything you guys have said. The only thing I disagree with is Bonus. I have been a supervisor for over 5 yearrs and EAS employees have not gotten bonuses since before I was promoted. In fact, whoever said supervisors make 10,000 more than a carrier has to be looking at a supervisor who has been with the Postal Service for 40 years or more. I have over 15 years and make about 5600 more than a carrier’s BASE SALARY. Not only do I not make the money you think I do, I have to worry about 30 routes where as you only have to worry about 1, your own.
I know must of the Management of the Postal Service couldn’t work in the private suctor, but I also know of a lot of supervisors who are very good managers if given the chance.
I also can’t help but wonder…why would a supervisor do something that actually hurts him or herself? I use common sense and balance what my POOM and District Manager want with what is right. I am not going to tell you to go out and deliver mail in 7 hours when I know it will take you 8. When you come back late, I have to discipline you. Why would I set you up to fail, and make myself look like a poor supervisor? It doesn’t happen in my office.
I’m reading a lot of negative thoughts out here guys… really this is good news .. I mean sure it’s not like it was 5 or 6 years ago but this is a great decision cause now when I grieve DOIS enforcements guess what, I’m gonna ask for a whole lot of money for me and my carriers. Don’t feel intimidated guys. We are on the forefront of winning the war here. Don’t lose hope and when management tells you DOIS says this or says that speak your mind. Remember we the letter carriers are the post office, they need us, not the other way around. peAce
Management and managers are doing what ever they want to do with the mail carriers. The new supervisors they do not anything but pushing carrier. Management (supervisors) totally violate and step on any handbook like M.39 or M.41. There is not way to solve this issue until something gotta happen. Unions are confortable collecting biweekly carrier’s fee and spending the money in traveling from one state to other. everything is upside down. there is not answers but hostile and intimidation.
It’s a shame that Management goes by the DOIS like it’s a bible, but they don’t input all the information correctly. They don’t input Certified or Registered Letters like they should. And the SPR’s are not correctly inputted for every route because that would take up to much precious time for them to be doing nothing. Do you realize that a Supervisor that has more than 15 years in the Postal Service makes more than 10,000 dollars more than a Letter Carrier and the Letter Carrier is the one that is making them look good. Even making the numbers so they came get there bonus at the end of the year. On top of the Salary they get. The Letter Carrier never gets a thank you from Management. If these same Supervisors were in the Private sector most of them would have been fired by now. But in the Postal Service all of them protect each other.
Management wants to force carriers to fit into the DOIS times because it makes their Performance Bonus go up. They have totally abdicated any management skills to compliance with DOIS and their BONUS
As usual managers take the easy way and do what they want without reading or following the contract. Who is driving the USPS down the tubes? Who instituted mandatory overtime a few years ago, totally against the contract? I told my supervisor that they would end up paying big bucks and she said “Oh no, we have done this back east and it’s totally legal.” Yeah, well they paid out almost $100,000 just in my office. Now they are having carriers take out and deliver first class letters that have come in after all carriers have left. 20 or 30 letters all over the city and they have to go today! I swear, managers keep getting dumber and dumber. Also now we can’t have any mail at our cases at the end of day. So we have to be perfect and not miscase anything. Also what about mail with bad addresses, dps mistakes and so on. Another brilliant management decision. I’m just glad I retire in a year or two. If the PO lasts that long with the idiots running the place.
When will the cat leave this house? I think Tony needs to retire.
Jim Buckley clean up your language.
REMEMBER MANAGEMENTS HAS THE RIGHT TO MISS MANAGE. EVEN THE UNION SAY SO. I THINK IS THE STUPIDEST THING I EVER HEARD COMMING FROM ” OUR UNION ” OH WELL .
Until there is money involved in a arbitratiors settlement, management will keep doing what it’s been doing for a long time, (anything they want to do, even if it violates the contract), so you see it doesn’t matter. I wonder if any one has tried to figure out, how much money is wasted my Management mismanaging, do you think the USPS would be in the Black, if they did it the way the contract reads. The answer is no, I forgot all about the Pay for Performance Bonus’s, don’t know why they would be getting those, they are the same people that are running this company into the ground, just like I ran the great USA into the ground, the 8 years I was Commander in Chief, just remember what I once said, you can Run, but you can’t Hide.
Hey Nick,
My best friend works for Fed Ex. He will tell you that if it weren’t for the contract with the USPS, Fed Ex would be out of business. That contract to fly the mail SAVED Fed Ex.
Put that in your pipe and choke on it.
TO nick ,
YOU ARE AN IDIOT WHO JUST LIKES TO STIR THE POT .
UPS AND FED-EX CANT DO OUR JOBS BECAUSE YOU SEE WE A;READY DELIVER ALL THERE PARCELS FOR THEM? AND ITS THE MONEY THEY MAKE FROM THE USPS TO FLY THERE PLANES THATS KEEPS THEM ALIVE IN THE FIRST PLACE ,SEE WE ARE ACTUALY HELPING THEM ALSO KEEP THERE JOBS.
AS FOR GOING PUBLIC I DONT THINK SO IF WE DEPEND ON UPS AND FED-EX THEY WILL GO OUT OF BUSINESS VERY SOON BECAUSE THE COSTS IT WOULD TAKE TO DELIVER A LETTER NO ONE COULD AFFORD.
AND WHY DOES ANYONE WANT TO SEE THAT MANY MORE PEOPLE LOSE THERE JOBS IN THIS ECONOMY ,I LIKE MY COMPUTER BUT I STILL USE THE MAIL ALMOST EVERY DAY AS DO MANY PEOPLE .
IT SEEMS TO ME PEOPLE IN THIS COUNTRY WANT TO SEE US BECOME A THIRD WORLD NATION OF PEOPLE WITH NO JOBS DEPENDING ON OTHER COUNTRIES FOR OUR VERY LIVES.
Dear Nick. You wouldn’t make it physically or mentally if, you had to work under the conditions which you expect others to do. If the unions weren’ t around, the turnover rate would be 100%. If it weren’t for the zero tolorence on violence in the workplace you and your ilk would be found in ditches fertilizing the local …. well, you get the idea. Look Jack… Please keep your phoney bologna figures to yourself and allow me to deliver the Mail (ltrs-mags-parcels-& accountables) as We’ve been doing since 1970. You remember 1970, Don’t you Neck?
Sniff Sniff you over paid paper-boys. The USPS clock is ticking and your time is about up. With computers, email, e-bill pay and fed-ex and ups to deliver parcels..who needs you?
I would be shocked if their is a usps in 5 years….
Fed-ex or ups wouldnt have you
And no worries, there will be no DOIS with your new paper route
Your own UNIONS will bleed the USPS… Just remember it is always the other guys fault even when you look in the mirror. LOL
No doubt this will be violated thousands of times across the nation and thousands spent in grievance procedure and never will a manager be held responsible for their actions, but have a carrier take a 3rd bathroom break and we will be in negotiations about the necessity of 3 potty breaks a day.
potter, lol. you are the sole reason the postal service is in dire straights. what should happen is a personal lawsuit to the immediate manage, or supervisor, and fire them on the spot for ignorance. management is the sole reason the postal service will not survive. VOE what a joke
So we lost, big deal. I will instruct the managers to ignore the decision and continue brow beating the carriers. Let them grieve it again.
same old shit..cease and desist.how many carriers were fucked over ? how many injuries were incurred because of this? where’s the money that was pushed out of these carriers? this grievance means shit and it will happen again.
all the unions have to get together and get rid of fat potter and the rest of his thieves.call your local congressperson and file a complaint..this shithead has got ot go.