MEMPHIS REGION CLERK NBA'S, BILLY & JERRY
MEMPHIS REGION STATE PRESIDENTS
Sara Tolbert-Witherspoon, Alabama State President-Phone 205-788-8775
Sundrenia (Sunny) Thigpen, Mississippi State President-Phone 601-351-7079
Mike Mingo, Tennessee State President-Phone 615-824-8890
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E-mail Billy at bwapwu@att.net
E-mail Jerry at jmcilvain@apwu.org
Secretary-Barbara Lewis; E-mail at blewis@apwu.org
Phone 205-940-6293; FAX 205-940-6294
CONTRACT LANGUAGE ON APPEALS TO STEP 3 AND ARBITRATION--Pursuant to the new language in Article 15 of the National Agreement, locals now must appeal certain issues directly from Step 2 to arbitration. All discipline and expedited contract issues must now be appealed directly to arbitration by the local. The local must still send a copy of the file and the appeal to arbitration to the NBA's for determination whether the National Union will pay the expense of arbitration. Do not use the step 3 appeal form for these grievances. As NBA's we will have the following options concerning these grievances.
(1) Determine that the National Union will pay for the arbitration.
(2) Settle the case prior to arbitration.
(3) Withdraw any case that is not worthy of arbitration.
All grievances filed at Step 1 on or after July 12, 1999 are handled in this manner. Below is a list of those type grievances.
(1) All discipline including Removals
(2) Individual Overtime
(3) Withholding of Step Increase
(4) Individual Leave Requests Concerning:
a. Annual leave
b. Sick leave
c. Leave without pay
d. Court leave
e. Restricted sick leave
f. Requests for medical certification
(5) AWOL
(6) Individual Holiday Scheduling
(7) Article 25, Higher Level Assignments
(8) Employee Claims
(9) Letters of Demand of Less than $2,000.00
(10) Individual Clerk Craft Senority Disputes
(11) Temporary Light Duty Assignments
(12) Information Requests
(13) Investigation Time
(14) Suspension of Driving Privileges
(15) Attendance
(16) Violation of LMOU
(17) Craft Promotions
(18) Best Qualified Selections
You must appeal these issues to arbitration WITHIN 30 DAYS OF RECEIPT OF THE STEP 2 ANSWER. Your appeal to arbitration goes to the same place as your Step 3 appeal. The local does not have to send the entire file to the Region, just the arbitration appeal sheet, the standard grievance form, the Employer's written Step 2 decision, and, if filed, the Union corrections or additions to the Step 2 decision. The arbitration appeal sheet should also be sent to your Postmaster or his/her designee.
REGIONAL DIRECTOR
HUMAN RESOURCES
U.S.POSTAL SERVICE, SE/SW AREA
225 N. HUMPHREYS BLVD.
MEMPHIS, TN. 38166
A copy of the appeal and file should be sent to our office at:
AMERICAN POSTAL WORKERS UNION
140 Oxmoor Blvd Suite 170
BIRMINGHAM, AL. 35209
It is highly recommended that the USPS appeal be mailed return receipt requested.
TIME LIMITS
To start the grievance at Step 1. . . . . . . . . . . . .14 days from the date of incident
Supervisor’s answer. . . . . . . . . . . . . . . . . . . . . . . 5 days from Step 1 discussion
To file Step 2 Appeal . . . . . . . . . . . . . . . . . . . . . 10 days from Step 1 answer
Step 2 designee to meet with Union . . . . . . . . . . 7 days from Step 2 Appeal filing
Step 2 designee’s answer . . . . . . . . . . . . . . . . . 10 days from Step 2 meeting
To file Corrections and Additions .. . . . . ……..10 days from receipt of Step 2 answer
To file Step 3 Appeal . . . . . . . . . . . . . . . . . . . . . 15 days from receipt of Step 2 answer
To file Appeal to Arbitration . . . . . . . . . . . . . . . 30 days from receipt of Step 2 answer
ARTICLE 15.4.C
FAILURE TO SCHEDULE A MEETING/ISSUE A DECISION
If management fails to schedule a timely meeting or issue a timely decision (unless the parties mutually agree to an extension) the union must appeal the case to the next step within the prescribed time limits, if it wishes to pursue the grievance.
In cases where management fails to issue a timely decision, the time limits for appeal to the next step are counted from the date the decision was due. In cases where management fails to schedule a timely meeting, the time limits for appeal to the next step are counted from the last date a timely meeting could have been scheduled.
If management fails to issue a Step 2 decision within ten days of a Step 2 meeting, the union must make any appeal to Step 3 within fifteen days of the date the Step 2 decision was due.