Local Grievance # Issue Statement (Block 15 on ps form 8190)




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Local Grievance # ________
Issue Statement (Block 15 on PS Form 8190):
Did Management violate Article 41, Section 1.A.2 by failing to provide the Local Union with a copy of the PS Form 1723, Notice of Assignment, in advance of Letter Carrier [name] working as a 204b beginning on [date], and if so, what should the remedy be?
Union Facts and Contentions (Block 17 on PS Form 8190):
Facts:


  1. Letter Carrier [name] began a higher level detail as a 204b supervisor at the [Station/Post Office] on [date].




  1. The local union branch # [number] did not receive a copy of Letter Carrier [name]’s PS Form 1723 for the higher level assignment that began on [date].




  1. Article 41.1.A.2 of the National Agreement states:


Letter carriers temporarily detailed to a supervisory position (204b) may not bid on vacant Letter Carrier Craft duty assignments while so detailed. However, nothing contained herein shall be construed to preclude such temporarily detailed employees from voluntarily terminating a 204b detail and returning to their craft position. Upon return to the craft position, such employees may exercise their right to bid on vacant letter carrier craft duty assignments.
The duty assignment of a full-time carrier detailed to a supervisory position, including a supervisory training program in excess of four months shall be declared vacant and shall be posted for bid in accordance with this Article. Upon return to the craft the carrier will become an unassigned regular. A letter carrier temporarily detailed to a supervisory position will not be returned to the craft solely to circumvent the provisions of Section l.A.2.
Form 1723, Notice of Assignment, shall be used in detailing letter carriers to temporary supervisor positions (204b). The Employer will provide the Union at the local level with a copy of Form(s) l723 showing the beginning and ending of all such details.


  1. The following language appears in article 1 of the Joint Contract Administration Manual (JCAM):


The prohibition against supervisors performing bargaining unit work also applies to acting supervisors (204b). The PS Form 1723, which shows the times and dates of the 204b detail, is the controlling document for determining whether an employee is in a 204b status. A separate PS Form 1723 is used for each detail. A single detail may not be broken up on multiple PS Forms 1723 for the purpose of using a 204b on overtime in lieu of a bargaining unit employee. Article 41.1.A.2 requires that a copy of the Form 1723 be provided to the union at the local level.
Contentions:


  1. Management violated Article 41.1.A.2 of the National Agreement by failing to provide the union with a copy of the PS Form 1723 for Letter Carrier [name]’s 204b assignment that began on [date] at the [Station/Post Office].


Remedy (Block 19 on PS Form 8190):


  1. That management cease and desist violating of Article 41.1.A.2 of the National Agreement at the [Station/Post Office] in the future.



  1. That management provide the local union a copy of the PS Form 1723 for Letter Carriers working as 204b supervisors at least one day in advance of the beginning of and/or whenever a change occurs to the higher level details whenever possible, or whatever remedy the Step B Team or an Arbitrator deems appropriate.


National Association of Letter Carriers

Request for Steward Time

To: ________________________ Date ___________________

(Manager/Supervisor)
_________________________________

(Station/Post Office)


Manager/Supervisor _______________________,
Pursuant to Articles 17 and 31 of the National Agreement, I am requesting the following information to investigate a grievance concerning a violation of Article 41:


  1. Employee Everything Reports for [date] for the following employee: ______________.




  1. PS Form 1723 for [name].

I am also requesting time to interview the following individuals:




  1. [name(s)] at the [Station/Post Office]

Your cooperation in this matter will be greatly appreciated. If you have any questions concerning this request, or if I may be of assistance to you in some other way, please feel free to contact me.


Sincerely,
_________________________Request received by: _____________________

Shop Steward

NALC Date: ___________________


National Association of Letter Carriers

Request for Steward Time
To: ____________________________________ Date ___________________

(Manager/Supervisor)


____________________________

(Station/Post Office)


Manager/Supervisor _______________________,
Pursuant to Article 17 of the National Agreement, I am requesting the following steward time to investigate a grievance. I anticipate needing approximately _______________ (hours/minutes) of steward time, which needs to be scheduled no later than ________________ in order to ensure the timelines established in Article 15 are met. In the event more steward time is needed, I will inform you as soon as possible.
Your cooperation in this matter will be greatly appreciated. If you have any questions concerning this request, or if I may be of assistance to you in some other way, please feel free to contact me.
Sincerely,
__________________________ Request received by: _________________________

Shop Steward



NALC Date: ___________________


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