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Westchester, NY Merged Branch 693 National Association of Letter Carriers
KNOW YOUR RIGHTS

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The Branch publishes a Know Your Rights bulletin each month.  Copies are sent to each office for posting on bulletin boards.  They will be reproduced here for your information.

LETTER CARRIERS....
KNOW YOUR RIGHTS
           #71          10/03
 

 204b's - KNOW THE RULES

LEARN THE LIMITATIONS

1) An employee serving as a temporary supervisor (204b) is prohibited from performing bargaining unit work, except to the extent otherwise provided in Article 1, Section 6, of the National Agreement. Therefore, a temporary supervisor is ineligible to work overtime in the bargaining unit while detailed, even if the overtime occurs on a non-scheduled day.

2) Form 1723, which shows the times and dates of a 204b detail, is the controlling document for determining whether an employee is in 204b status.

3) Management may prematurely terminate a 204b detail by furnishing an amended Form 1723 to the appropriate union representative. In such cases, the amended Form 1723 should be provided in advance, if the union representative is available. If the union representative is not available, the Form shall be provided to the union representative as soon as practicable after he or she becomes available.

Occasionally managers have sought to use letter carriers to perform bargaining unit overtime immediately after they have concluded a 204b assignment. This is not permitted.

The Step 4 decision M-01177 provides that:

The issue in this case is whether management violated the national agreement when an employee who had been working in a 204b assignment earlier in the day worked bargaining unit overtime at the conclusion of his shift. During our discussion, we agreed to the following:

 1. An acting supervisor (204b) will not be utilized in lieu of a bargaining-unit employee for the purpose of bargaining-unit overtime.

2. The PS Form 1723 shall determine the tiime and date an employee begins and ends the detail.3. An employee detailed to an acting supervisory position will not perform bargaining-unit overtime immediately prior to or immediately after such detail unless all available bargaining-unit employees are utilized.  The phrase immediately prior to or immediately after such detail in this settlement refers to overtime on a day the carrier was in a 204b status. It does not prohibit overtime, otherwise consistent with the provisions of Article 8, on the day before or the day after a 204b detail.

Significantly, the settlement M-00891 provided that the available overtime-desired-list carrier receive eight hours of pay at the overtime rate as a remedy for allowing a 204b to perform bargaining unit work on the non-scheduled day of the 204b assignment.

 KNOW YOUR RIGHTS.

INFORMATION FURNISHED BY MERGED BRANCH #693

NATIONAL ASSOCIATION OF LETTER CARRIERS  (914) 736-6300 

   R.B. MORTON, PRESIDENT

 

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PAST KNOW YOUR RIGHTS BULLETINS

 

For your convenience, we have listed below an index of bulletins to date.  All are on file in the Union office.  Please call for copies.

 

#1 ---     Drive out agreements, voluntary use of vehicles and reimbursement to carriers 

              for  parcels, relays and driveouts.

#2 ---     How to deliver mail on the street according to regulations; fingering mail, using 

              crosswalks, arranging mail in satchels and truck trays.

#3 ---     Employee discipline records.  How long kept;  How removed.

#4 ---     The use of stools for casing mail, etc., working off the clock, carriers' financial    

               liability for lost property, mail, etc.  The 8-hour guarantee.

#5 ---     Sick leave for dependant care (1995 National Agreement).

#6 ---     Conduct of route examiners - do's and don'ts;   hazardous chemicals on patrons' 

               lawns.

#7 ---     One day mail counts; notification period; discipline resulting from one day

              counts; harassment.

#8 ---     Bidding rights time frames, postings; PTF bidding rights for holddowns.

#9 ---     Postal Inspection Service investigations and the Union's role in them.

#10 --     Holiday scheduling, pecking order in Local Memo's, etc. (See also #27).

#11 --     Part time Flexible leave usage.

#12 --     Executive Order 5396 - leave for disabled vets.

#13 --     Criteria to request a special route inspection and how it must be done.

#14 --     Accident Safety Review Boards and what they are about.

#15 --     Rules regarding Carriers having special keys to customer residences or 

               apartment buildings, etc.

#16 --     Rules regarding PS Form 3996, request for overtime or help.

#17 --     Jury duty and how to change your schedule to coincide with the courts.

#18 --     Working in the dark.

#19 --     Winter shortcuts, unsafe conditions, what to do.

#20 --     Office breaks: all Carriers must take them; they are not optional.

#21 --     Personnel records: your rights to review them; what they contain, etc.

#22 --     Lunch period rights and activities permitted by regulations.

#23 --     Work assignment overtime; how it works, including restrictions, etc.

#24 --     Annual leave - questions and answers for all employees.

#25 --     Official Discussions: what they mean; explanation of how to interpret them.  

               Also, when they are not official.

#26 --     When and how to speak to your steward; time limits, etc.

#27 --     Understanding holiday scheduling (See also #10).

#28 --    Annual Leave carryover & bidding periods (LMU's).

#29 -- Rules governing transfers.

#30 -- 5 minute leeway rule/overtime disallowed.

#31 -- Mail counts: "official" or otherwise.

#32 -- Getting sick while on vacation: leave change status.

#33 -- Local "call-in" policies: against the rules?

#34 -- Use of own vehicle on the job (See also: #1).

#35 -  Damage to personal property at work (Art. 27).

#36 -  Q & A's on the One Bundle System

#37 -  What are and are not accountable items to be signed for.

#38 -  Reasons  to use on PS Form 3996 other than heavy mail.

#39 -  Special Route inspection criteria, as per the M-39 Handbook (for over-

            burdened routes).

#40 -  What is unsafe?  Judgments and repercussions of curtailing delivery.

#41 -  Route adjustment data - how to figure it out.

#42 -  Medical records (yours), how to get them;  OSHA & safety.

#43 -  How much overtime is too much?  Established limits.

#44 -  How the Dispute Resolution Process (DRP) affects you.

#45 -  Reporting Safety Issues;  How to do so within the rules.

#46 -  Overweight relays?

#47 -  Expectations - A review of work standards for office and street.

#48 -  Did you know  miscellaneous NWA contractual items.

#49 -  OWCP Guidance on filing claims for workplace exposure to elements, diseases

           (anthrax) etc.

#50 -  8 hour guarantees.  Art. 8.8 and how it came about;  why it is important to retain.

#51 -  Holiday work rules.  (See also: #10 & #27).

#52 -  Use of bulletin boards, literature racks, etc. for the exclusive use by Unions.

#53 -  Keeping an Eye on Your Benefits

#54 - Form 3996 - As Per the M-41 Handbook

#55 - Injured At Work??  (What to do)

#56 - PTF Holddowns - A Very Good Idea!

#57 - Need Notes for Sick Leave?  Try This!

#58 - DOIS - What it is and What it Isn't!

#59 - Family Medical Leave Act Violations?  What to Do.

#59a Moved Off Your Assignment?  Art. 41.1C4 Says No!

#60 - Managed Service Points (MSP) Do's & Don'ts

#61 - Annual Leave Entitlements

#62 - DOIS (Reprise)

#63 - T-6 (Floater) Overtime Guidelines

#64 - Continuation of Pay (OWCP)

#65 - Illegal Time Disallowances

#66 - Postal Employee's Guide to Safety

#67 - 5 Minute Leeway vs. Tardiness (F-401 Handbook)

#68 - Light Duty Assignments (Taken from ELRM)

#69 - Return to Duty After on the Job Injury

#70 - Article 11 - Holidays 

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