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ACCUMULATED NAPS INFORMATION
ADVERSE ACTION APPEALS 650 PROCEDURES
ALTERNATIVE DISPUTE RESOLUTION 652.5
DISCIPLINARY DEFENSE FUND (NATIONAL DDF)
REQUEST FOR REPRESENTATION
EAS Discipline (Anderson Memo)
650 GRIEVANCE – STEP A APPEAL PROCEDURES
Nonbargaining Disciplinary, Grievance, and Appeal Procedures
ELM 650 (pdf)
Conduct
ELM 660 (pdf)
Part 651 establishes procedure for (a) disciplinary action against nonprobationary employees who are not subject to the provisions of a collective bargaining agreement and (b) emergency action or conduct that also normally warrants disciplinary action.
(650 adverse action appeals would apply for EAS who are not eligible for appeal to the Merit System Protection Board (MSPB) the appellant can receive DDF assistance if a member of NAPS for the required time period)
Adverse actions are defined as discharges, suspensions of more than 14 days, furloughs without pay, and reduction in grade or pay.
Notice:
The employees immediate supervisor issues a written notice of proposed adverse action. This notice includes (a) the action proposed, with specific and detailed reason; (b) the instructions for responding to the notice; (c) a statement of the right of the employee or representative to review all material relied upon in proposing the action and when and where the material is available for review; and (d) the name of the official rendering the decision. The proposal also advises the employee that a reasonable amount of official time is allowed for the preparation and presentation or reply if the employee is otherwise in a duty status and that the proposed action will be effected no sooner than 30 calendar days after the employee receives the notice.
Response:
The employee or representative may respond to the adverse action in writing, in person, or both to the deciding official or designee identified in the notice. The time frame is 10 days.
Decision:
The decision-making authority who must be higher in authority than the proposing official considers the employee's response and gives a written decision, including reasons for the decision, as soon as possible but no later than 60 days. If the decision is to effect the adverse action or to modify it to a lesser penalty, the employee's appeal rights, including MSPB appeal rights, if applicable, are stated.
Arbitrators and ADR teams have handed down decisions that involve action on the part of supervisors and managers. These decisions include, among other actions, orders to apologize to craft employee(s) for an alleged incident; mandatory attendance at sensitivity training; issuance of Letters of Warning and other discipline; and, in rare cases, a request that adverse action be taken against the supervisor or manager.
Arbitration and ADR cases concern the craft, not EAS employees. When an arbitrator goes beyond his authority in deciding against EAS employees, supervisors and managers are not bound by these decisions. ADR decisions involving EAS supervisors and managers should be recommendations, not orders for apologies or attendance at training sessions when the supervisor or manager truly believes he or she is innocent of any wrong doing.
EAS should use the 650 appeal procedures to challenge such orders. (Ref. De.18, 2001 Vol 92 #25 TPS)
Non-bargaining procedures for Debt Collection are found in Chapter 450 of the ELM.
Debt Collection Act covers any debt owed the Postal Service by a current postal non-bargaining employee i.e.:
- Payroll related debts
- Recovery of amounts due under federal benefits programs
- Federal court ordered judgement of salary offset
- Improper or disallowed payment on a travel voucher
- Shortage in main stamp stock of stamp credit, or
- Improper salary payment
The Debt Collection Act provides appeal procedures:
- Non-bargaining employee is given a Debt Determination letter (not letter of demand, this action is for craft employees)
- Employee can request reconsideration if they feel it is not their debt and can request all documents related to the debt held by USPS.
- USPS must notify the employee within 15 days that the debt is owed and swends a letter of Involuntary Offset.
- EAS must either pay the debt or file for hearing to stay the involuntary offset (re-payment being withheld form their pay).
- A hearing petition must be filed with the Recorder, Judicial Officer Department of USPS Headquarters on or before the 15 th calendar day following the receipt of the notice. (the court is very strict that the 15 days must be met)fff
- At the hearing the EAS may be represented by NAPS. If a member in good standing, member can request DDF representation (Retirees who were in good standing as a NAPS member at the time of retirement is also eligible to apply for National DDF)
How to Apply For DDF Representation for Debt Collection
- Member receives notice of account receivable and Letter of Debt Determination.
- Member requests all documents and records that determined member was responsible for Debt.
- Agency responds reconsideration accepted or agency denies reconsideration.
- Should reconsideration be denied agency will issue “Notice of Involuntary Salary Offset” The notice will advise member XXX number of dollars will be deducted from their pay each pay period.
- Upon receipt of Notice of Involuntary Salary Offset is received, send all of the above by express mail to Scialla Associates immediately, as the time frame for filing a petition for an oral hearing is very short, 15 days from receipt.
- Should the agency begin deduction from the members pay before a notice of Involuntary offset is received, notify your area vice president who will contact Scialla Associates, who will notify the Administrative Judge who will then issue a Notice to the agency to refund the money and issue the proper notification.
DISCIPLINARY DEFENSE FUND (NATIONAL DDF)
REQUEST FOR REPRESENTATION
How to submit a case to DDF: Scialia & Associates, 453 Preakness Ave #5 , Paterson , New Jersey 07502 , is the NAPS DDF provider.
Once your member receives the final decision letter the NAPS representative through discussion with the member regarding options and a decision by the member to seek DDF representation must provide the following documents into a file: 1) One to two page narrative of the case. 2) Letter of Proposed Adverse Action. 3) Letter of Decision (including responses) 4) MSPB Form 283 appeal, fill out the first two pages only. 5) Form must have the following information; appellant name, home address, home telephone number, Form 50.
If requestor is designating Scialia & Associates as representative they must contact the Area VP need to send copy of file to NAPS HQ (however keep a copy for your own personal files). All other information will be completed by Scialia Associates. All material must be received by Scialia Associates as soon as possible, as appeal must be filed within 30 days of effective date.
The burden is on the Agency to prove by preponderance that the penalty given was appropriate and comparable if the employee specifically challenges comparability.
The Factors Are:
- The nature and seriousness of the offense and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated;
- The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public and prominence of the position;
- The employee's past disciplinary record;
- The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers and dependability;
- The effect of the offense upon the employee's ability to perform at a satisfactory level and effect upon the supervisor's confidence in the employee's ability to perform assigned duties;
- Consistency of the penalty with those imposed upon other employees for the same or similar offenses;
- Consistency of the penalty with agency practices;
- The notoriety of the offense or its impact upon the reputation of the agency;
- The clarity with which the employee was on notice to any rules that were violated in committing the offense or had been warned about the conduct in question;
- The potential for rehabilitation of the employee;
- Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter, and the adequacy and effectiveness of alternative sanction to deter such conduct in the future by the employee or others.
One of the frequent inquiries received by NAPS is complaints of Involuntary Reassignments. Before we tackle the involuntary issue, maybe we should discuss what is your assignment?
In a letter dated March 18, 1997 Subject Vacancy Announcement and EAS Apploicant Notification states: “EAS Vacancy Announcements need to reflect the duty station, the starting and ending times and the non-scheduled days of the vacant position.”
Based on the above agreement then your work assignment of record is the one you bid on or were slotted into when your Form 50 was processed. However, if the Form 50 does not reveal an assignment then it will be up to the local naps to work with the Postal Service to establish a guideline to comply with the policy. It will also be the responsibility of local NAPS to monitor all job postings to ensure the agency is complying with the agreement.
NAPS continues to receive complaints of EAS being Involuntary Reassigned. There is a guideline letter dated November 3, 1999, signed by Clarence Lewis. The Lewis letter was updated in January 14, 2002, by Pat Donahoe USPS COO.
When confronted with a manager who starts talking about “NAPS position” please be sure to tell them that it is not NAPS' position, but the Postal Service's position or policy that you are talking about!”
Notice of Involuntary Salary Offset is the procedure used by the Postal Service to recover an EAS debt after filing for re-consideration of the postal debt has been denied. (See Debt Collection Procedures)
Letter of warning in lieu of time-off suspensions may be issued in lieu of either a 7-day or 14-day time-off suspension only. Unless required by stature, suspensions of more than 14 days are prohibited except for indefinite suspensions referenced in 651.7.
Letters of warning in lieu of time-off suspensions are equivalent to time-off suspensions as an element of past discipline and may be cited as such in future disciplinary actions.
Notice:
Given by employee's immediate supervisors includes (a) specific and detailed reasons for the letter; (b) instructions for responding to it; (c) the right of the employee or representative to review all material relied upon in the action; (d) when, where, and from whom the material is available.
Response:
The employee and/or his or her representative may respond to the proposed letter of warning in lieu of time-off suspension in writing and/or in person to the deciding official (management at a higher level of authority than the individual who issued the proposed letter of warning in lieu of time-off suspension) within 10 calendar days of receipt.
Decision:
The deciding official, after consideration of the facts of the case and the employee's response, issues a letter of decision after the expiration of the 10-calendar day period for reply, but no later than 30 calendar days following the receipt of the employee's response. The decision letter will advise the employee that he or she may appeal in writing within 15 calendar days of receipt of the letter of decision.
Retention:
Letters of warning in lieu of time-off suspensions remain in the employee's OPF for 2 years unless otherwise resolved or cited in subsequent disciplinary action.
EAS are not required to use their privately owned vehicles for postal work unless it is annotated on the individual's personal car insurance that the vehicle will be used for work.
If a personal vehicle is used and an accident occurs while performing postal work the agency will not pay for the damages or injuries to the POV or the other vehicle.
The only postal employees required to have a vehicle are rural carriers. There is no requirement to own a vehicle or have a driver's license currently included on any EAS vacancy announcement.
NAPS represents all promoted EAS including Area and Headquarters employees, reference Letter dated December 5, 2001. Subject: National Association of Postal Supervisors (NAPS) membership. (Replaced the October 29 memorandum regarding the same subject. December letter signed by Suzanne F. Medvidovich. “Current members of NAPS who are reassigned or promoted to an area, headquarters, or a headquarters field assignment are in no way obligated to cancel their NAPS membership. In addition, any non-bargaining employee, not currently a member of NAPS may join at their own choosing.”
Subject to prohibitions regarding Executive and Administrative Scheduled (EAS) /Craft employees, if postal employees and if otherwise in a duty status are granted a reasonable amount of official time to respond to notices of proposed disciplinary action, to prepare for and represent an employee who has appealed a letter of warning or emergency placement in a nonduty status in accordance with 652.4.
Employees covered under these provisions may request representation during investigative questioning if the employee has a reasonable belief disciplinary action may ensue.
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