July 22, 2021

Episode 11: Defeating Stationary Events as well as Backing Based off of GPS tracking. Also deals with management spying and using covert techniques

30 minutes

Corey discusses backing, stationary events, and street observations, focusing on how to use specific provisions in the M-39 handbook to challenge management actions. This episode speaks on the importance that carriers ask for union representation when management questions them about stationary and backing events, and educating carriers on how to respond to questions about occurrences on street time.

He also stresses the importance of M-39 134: Street Management, section 2, which prohibits management from spying or using covert techniques to observe carriers during street management. This, coupled with M-1458 stating MSP data may not constitute the sole basis for disciplinary action, is the main defense utilized in stationary event discipline. Management must observe time-wasting practices or improper procedure and must make themselves known to the carrier. The only individuals who can conduct covert surveillance of carriers are those within the Office of Inspector General (OIG). Corey also asserts that stewards should ask for PS Form 4584 during discipline for street events, which may further prove a violation of the M-39.

Arbitrator L. Wolitz C-32778: “We agree with the union that [...] M-39 134.22 (Spying/covert techniques) is directly related to working conditions.” “Furthermore, we find that the information gathered as a result of the observation of letter carrier Martin Smith is fruit of a poison tree and therefore must be deleted from all records of the postal service and carrier Smith.”

References In This Episode:

Corey references a carrier in his station where management called and accused him of backing, but the location in question was a turnaround driveway.

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