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Frank Mongiello, 1st Vice-President
I’m sure by now you’re quite aware that in the last issue, the heading for my article was incorrect. Our apologies for any confusion this may have caused. It should have read, “Know THEIR Rights”. The important thing, however, was the message in that article. Since I wrote it, yet another carrier has been terminated for theft. Simply put, don’t do anything that would jeopardize your employment. Be smarter than that! In this article, I’m going to once again focus on your rights, specifically your rights regarding PS form 4584, “Observation of Driving Practices.” This form, when used properly, can either be an asset or a liability to you. The key word here is “properly.” Here’s what the form’s instructions state (and please take the time to read them, it can help you in the future): “The primary purpose of a PS form 4584 is to improve driving practices, NOT
to harass the letter carrier.” “This
form, when used correctly, can aid in the elimination of driving practices which cause accidents. All driving practices needing
improvement and noted below should be discussed with the driver as soon as possible after the observation (my
emphasis). Because the primary purpose of conducting observations is to improve driving practices before they result in
accidents, discussions with drivers must be positive in nature and include the benefits to be gained from improving
driving practices (my emphasis). If a driving observation is determined to require official action, such action
will be in accordance with the terms of the National Agreements. To enforce a high standard of professional driving performance,
all drivers must be observed at least twice a year, and at other times when appropriate. For probationary drivers, this form
must be completed at 30-, 60-, and 80-day intervals (or at other appropriate intervals if the driver’s probationary
period is not 90 days), and a copy of the attached to Form 1750, Employee Probationary Period Evaluation Report.” The reason that I highlighted the above sentences is to point out that these are frequently overlooked by management. In many (and probably most) cases, management waits until the next day or even a few days later until they discuss their observations with the carrier. They’ve also been known to wait until a Pre Disciplinary Interview (PDI) is held to discuss the observation. This is not acceptable and in direct conflict with the form’s instructions and the National Agreement. If you receive a copy of the PS form 4584 and the discussion that goes with it and it’s not “as soon as possible” after the observation and you receive discipline for your actions, be sure to point out to the manager who presents it to you that they’ve violated the instructions on the form. Then notify your shop steward of management’s improper use of the form! It can and will help you if you’re disciplined. The primary purpose, according to the instructions, is to improve driving practices, NOT to harass the letter carrier. Again, many times the carriers are harassed and badgered while on the route by overzealous managers. Even if you were doing something wrong that needed to be corrected, it is NOT the manager’s place to turn it into a confrontation. The infraction should be explained, as the form states, in a positive nature. Anything less is a violation of the National Agreement. Be courteous and listen to what is said, and if necessary, offer an explanation for your actions. If the manager becomes abusive, simply smile and ask for your copy of the form. Don’t let them get to you. Just keep smiling and ask for your copy. It works wonders. Most likely, they’ll refuse to give you a copy at that point and will wait until you return to the office. Again, this is not “as soon as possible” as the form indicates. If they discuss the alleged infraction with you immediately, there is no reason you can’t get a copy of the form right then and there. It
should also be noted that as per the M-39, Administration of City Delivery Service, regarding the techniques to be used in
street supervision, Section 134.21 states, “The manager must maintain an objective attitude in conducting street
supervision and discharge this duty in an open and above board manner.” Section 134.22 also states, “The manager is not to spy or use other covert techniques.” Basically, this means the manager cannot hide or try to go unnoticed when conducting observations. If this happens, notify your shop steward. In many instances managers will say things like “I was driving by and noticed the carrier not wearing a seat belt.” If they choose not to issue a PS form 4584 and don’t discuss the matter with you at that time, the discipline you may receive will most likely be overturned. Be sure to let your steward know all of the circumstances! Another concern is when this form is used for other purposes. Some of the reasons they cite in an effort to discipline letter carriers are hilarious. In one instance, the supervisor wrote under the comments section, “Carrier extended his lunch by 4 minutes.” He then waited two weeks before giving it to the carrier and then proposed a disciplinary action. There was no mention of any driving practices! The postmaster reluctantly admitted that the form was both improper and untimely. Grievance sustained. In another instance, the supervisor wrote, “Carrier was not using satchel while delivering mail.” The only response this comment deserves is, DUH! There is not one item on the form regarding satchels. Besides, if the supervisor wanted to let the carrier know that he/she should’ve been using a satchel, why not just say so? I think this is a basic problem with many managers today. They’re so hell-bent on writing someone up, they lose all common sense. If they would only learn how to TALK to people, things would be a lot better. But that’s a subject for another time...back to the 4584s. Another incident shows that not only didn’t the carrier have a satchel, but they left their scanner in the vehicle, according to this supervisor. Again, no driving infractions were mentioned. Finally, a carrier received a 4584 for being out of uniform. Need I say more on this one?! There are times when this form can be used to commend a carrier for safe driving practices. There’s space on the form which states, “During this observation, the driver exhibited safe and professional driving practices, and is to be commended.” It’s a good idea to save these forms when and if you get them. Keep them all. If you are ever disciplined for a driving infraction, this is your record of past performances where you were acting and driving safely. It can help in your defense. Don’t rely on management to retain the positive forms either. You should keep them in a safe location and have them readily available if need. Make sure you give copies to your shop steward if you have to file a grievance on a negative 4584. Learn to protect yourself. |
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