Case 4E19N-4E-C 23052592 Notes

Background and Facts

  • Grievant: Part-time flexible letter carrier since November 2021.
  • Notice of Removal: Issued around April 26, 2024, due to unacceptable conduct.

Charge: Unacceptable Conduct

  • Failure to efficiently perform duties and comply with postal rules.
  • On 04/19/24, Grievant instructed to deliver Advos on route 1598, requested overtime (3996).
  • On 04/20/2024, Advos for route 1598 found undelivered in UBBM hamper.
  • 04/22/2024, Grievant confirmed awareness of duty to conscientiously perform assigned tasks and obey supervisor instructions.
  • Disciplinary Record:
    • January 2024: Letter of Warning for Unacceptable Attendance.
    • March 2024: 7-Day Suspension for Failure to Maintain Assigned Schedule.
  • Management concluded Grievant engaged in unacceptable conduct, acted to deceive, and violated postal policies.

Violations

  • Employee and Labor Relations Manual (ELM):
    • 661.2: Application to Postal Employees
      • Prohibition against delay or destruction of mail (18 U.S.C. 1703).
    • 662.1: Publication - Ethical conduct.
    • 665.15: Obedience to Orders - Follow supervisor's instructions.
    • 665.16: Behavior and Personal Habits - Conduct reflecting favorably on Postal Service.
  • Handbook M-41: City Delivery Carriers Duties and Responsibilities
    • Section 112.21: Obey manager's instructions.

Management's Position

  • Just cause met for disciplinary action based on evidence.
  • Grievant violated rules by not delivering mail per instructions on consecutive days.
  • Failure to deliver mail results in loss of service for ADVO vendor and customer.
  • References ELM and Handbook M-41 regarding rule violations and obeying supervisors.
  • Past employees removed for similar unacceptable conduct.
  • Grievant signed PS Form 8139, agreeing to perform duties.
  • Advocate submits prior arbitration opinions.
  • Thorough investigation conducted, supporting removal action.
  • Removal action was timely.

Union's Position

  • Management must have just cause and provide due process.
  • Investigation was not thorough or objective.
  • Notice of Removal (NoR) charges unacceptable conduct, not failure to follow instructions.
  • NoR fails to specify acts of mail misappropriation, delay, or destruction.
  • ADVOs are sequenced mailings delivered on Tuesdays/Wednesdays, requiring a scan.
  • UBBM hampers accessible to all employees.

Issue

  • Did Management have just cause to issue a Notice of Removal to Part-Time Flexible Carrier Autumn Jennings for Unacceptable Conduct, dated 4/26/2024?
  • If not, what is the appropriate remedy?

Discussion and Findings

  • Management assumes burden of proving just cause.
  • Just cause requires discipline to be just, fair, and equitable based on specific facts.
  • Burden of proof met via clear and convincing evidence.
  • The charge of Unacceptable Conduct based on undelivered ADVOs could warrant disciplinary action if substantiated.
  • Employer failed to meet just cause requirement.
  • No visible addresses or route numbers on discarded mail, no basis to associate ADVOs with Grievant or route.
  • Inconsistency in Supervisor Barnett's testimony undermines credibility.
  • Hearsay evidence from second supervisor's written statement cannot be given weight.
  • The Grievant did not provided testimony to deny the charges against her.
  • Insufficient evidence exists for removal of the Grievant.
  • Grievance sustained, Grievant shall be reinstated to her former position and made whole in all respects.