AMERICAN POSTAL WORKERS UNION, AFL-CIO  STEP 1 GRIEVANCE OUTLINEWORKSHEET
Discipline (Nature of) or Contract Issue                                 Craft           Date                       Local#                     Mgt#
 Prohibition of Unilateral Action                          Clerk  
Unit/Sec/Br/Sta/Office             Date & Time           USPS Rep - Sup                             Grievant and/or Steward
                                                                                                                Doe/
Step 1 Decision by (Name & Title)                                 Date & Time                 Initials (initialing only verifies date of dec.)

Grievant/Person or Union (Last Name First)               Address                            City/State/Zip                                 Phone
   Doe, Jane                    
Social Security #               Service/Seniority/Craft       FTR   PTR    PTF   TE   Level  Step      Hours                           SDO’S
  
Job/Pay Location (Unit -Sec-Br-Sta-Office)          Work Location/City and Zip Code            Lifetime Security      Veteran
                                                                   GMF Phoenix, Arizona 85026  
Under the provisions of Article 15 of the Collective Bargaining Agreement, the following grievance is being filed. The relative articles
in violation are: (cite Article, Local Memo, and/or Handbook) Article 2,3,5,10,14,15,17,19,31,JCIM, 2,3,5,10,14,15,17,19,31,ELM 515, 660, Family Medical Leave Act, Privacy Act, United States Code 18						
PROBLEM: Management is in violation of the Collective Bargaining Agreement, when on 4-17-06,4-26-06, and 4-28-06 employee Jane Doe submitted two hours of sick leave for each day for Doctor appointments. These Doctor appointments are covered under the Family Medical Leave Act which employee Jane Doe submitted Certification for her medical condition. When employee Jane Doe received her earnings statement, Management had charged the six hours of sick leave to annual leave. Management has unilaterally changed the leave reports to show no sick leave. Management has falsified sick leave usage to better there own evaluations for pay raises.  Management is violating Article 3 “ the employer shall have the exclusive right, subject to the provisions of this agreement and consistent with applicable Laws and Regulations. Management is violating the Family Medical Leave Act, the Privacy Act and United States Code 18. Management is violation “18 U.S.C. 1001. Statements or entries (a) knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or used any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;” Management is in violation of Article 5 by taking unilateral action against employee Jane Doe affecting her wages, hours, terms and conditions of employment as defined in section 8(d) of the National Labor Relations Act, which violate the terms of the APWU agreement inconsistent with its obligations under law.
Management is in violation of Title 29, of the code of Federal Regulations Part 825.220(a) “The FMLA prohibits interference with an employee’s rights under the law, and with legal proceedings or inquiries relating to an employee’s rights.” Part 825.220(a) (1) an employer is prohibited from interfering with, restraining, or denying the exercise of (or attempts to exercise) any rights provided by the Act. Part 825.220(b) “Any violations of the Act or of these regulations constitute interfering with, restraining, or denying the exercise of rights provided by the Act.” “Interfering with” the exercise of an employee’s rights would include, for example, not only refusing to authorize FMLA leave, but discouraging an employee from using such leave.” Part 825.208 “An employee using accrued paid leave may not spontaneously explain the reasons or their plans for using their accrued leave.”

CORRECTIVE ACTION:  IMMEDIATELY UPON RESOLVEMENT THE UNION AND/OR EMPLOYEE BE MADE WHOLE INCLUDING BUT NOT LIMITED TO: Management to abide by the Collective Bargaining Agreement, the Family Medical Leave Act, Privacy Act, and U.S.C.18.  The United States Postal Service to report the cited violations to the Department of Labor and the Justice Department for the US code 18 violations. 

MANAGEMENT’S RESPONSE