๐ Podcaster's Wisdom โ Transcript
Episode 99 (excerpt) ยท Corey Walton's From A to Arbitration, with guest Jason "J.B." Leath. Timestamps count from the start of the excerpt. Auto-transcribed and lightly cleaned up โ form numbers like "3999" were restored where the transcriber heard them as prices.
[00:00] Knowledge is what we're always trying to achieve. That's what they always tell us, right? The individual that has the most knowledge has all the power. And we're always trying to educate ourselves to the best and most of our ability. I want to try to learn as much as I possibly can. And I look back behind me and I realize I have learned a lot. I've learned a whole lot. And that's been through a lot of great people helping me learn a lot. But then I look forward and I see how much more there is to obtain.
[00:38] And I realize it's never ending. And it's going to be never ending. But my constant search to be knowledgeable, to be the most knowledgeable individual when I walk into a room is never ending. But what is that knowledge ultimately worth? I want you to envision knowledge being the equivalent of the most badass automobile you could ever own, right? You know, whatever it is in your mind. Whether it's a souped up muscle car or a fancy sports car or a luxury automobile. Whatever it is in your mind, the most badass automobile out there on this planet and you own it.
[01:23] It's the equivalent of knowledge. You have it. It's sitting in your driveway right now. You run downstairs or outside your front door and it's sitting right there in the driveway. Whatever color you envision it as, you walk up to it. You walk around it. You admire it. You realize it's yours. You have it. You open up that door and it's got that new car smell. You know, when you first get that brand new automobile, that smell you can never get back. That brand new automobile smell. You sit down in the seat real gingerly, you know, getting into that comfort.
[02:02] You take your hands and you rub it up on the steering wheel and you grip that steering wheel on your hands. And you're like, man, I can't believe it. It's mine. It's finally mine. I own it. I have it. And then you realize you don't have a key. You don't have a key to this bad ass automobile that you possess. All of a sudden you realize you will never ever be able to use it because you don't have a key. That's the equivalent of knowledge to me. As a steward, as a formulae representative, I could be the smartest individual on my workroom floor.
[02:48] And I don't mean this arrogantly, but I'm going to say contractually, I am. And I could sit and watch my supervisor or my manager or postmaster, whatever they're called in your area, OIC. They could come out on my workroom floor and give whatever directive they want. They could give whatever instruction they want. And I could immediately know because of my knowledge that they are wrong. And I could walk proudly over to that supervisor or that EAS personnel and I could say, unfortunately, sir, what you just did was a violation of our contractual agreements via handbook this,
[03:32] via section that, you can't do this. That will negatively affect the unit. That's unfortunately an instruction that's improper and they could look at me and say, oh, okay, thanks. I appreciate you telling me that. And you walk off back to your case feeling like you did something proud, right? You know, because you just schooled this dude. You just told him, hey, he's wrong. And he's watching you walk back to your case thinking, I don't give a shit what he said. I don't care what kind of knowledge he has.
[04:00] I'm going to do it. Do you know what the key is? The key is the grievance procedure. The key is lighting that up with a grievance because his word and my word becomes temporary when that 8190 hits the table. When the 8190 hits the table, everything stops. And then we use our knowledge with the key to success through the 8190 to protest his action. To protest what he's done or whatever policy he's implemented or whatever instruction he's given or whatever negative action he's taken against one of our brothers and sisters, we
[04:41] use our knowledge and we use the key of the 8190 to school him. And that's why it's important not only to be knowledgeable, but fire that 8190 off. Some of the things that Cory has told me that's going on across this country, and I've told y'all before and I'm sure you're well aware now, I don't have social media. I got a phone that I can call people and I can text you and I'm good enough to email. Other than that, I am clueless to what people have said about me, think about me, posted about me, took a picture of me, I have no idea, and never will.
[05:20] That's just the way I like to roll. But all I know is the things that he is telling me that's going on in the four corners of this country are crazy. I mean it is mind blowing. And some of those things I've dealt with directly, majority of those I have not. And I don't know if that's to be continued, coming to a city near you. I don't know if that's something down the road. I don't know if my district manager or my postmaster in this installation just ain't going to fool with it. I don't know. I like knowing because I want to get on the forefront of it.
[05:59] And so I appreciate Cory expressing to whoever's out there listening, however big this fan base is, whether it's 10 people or 20,000 people, I do not know. But I know if you're listening and I appreciate him letting me in on it. What a great outlet we have to be able to communicate and let our brothers and sisters know what's going on there so we can be ready when it comes here. So what I'm going to talk to you about today, I'm not currently experiencing problems with. But it made me think, what are we going to do if we experience these problems?
[06:39] He wanted me to talk about management conducting 3999's. And when I thought about it, I thought, well, okay. But listening to some of his responses and listening to why management is conducting these 3999's, it tells me that management is directly trying to use the 3999 to circumvent the T-RAP, TIRAP, TIREEP, whatever you call it in your area. I call it TIRAP. That's just me. But they're trying to circumvent what the TIRAP process did. I'm guessing that TIRAP probably put time into their station, put routes back into that
[07:21] station. It's amazing. All of a sudden they're like, damn, they were really working. We got to put some time in there. What we've always been saying we were doing, they're finally seeing. But what do they do immediately? What management always does. And I'll tell you this, I'm not throwing management a bomb, but I'll say this about management. When you beat them, they're immediately coming back. When you kick them, they're getting back up. When you punch them in the throat, they're shaking it off and they're coming back at
[07:48] you. When you beat them in arbitration, they're taking the next damn case on the same subject matter and they're ready to come back in. And you got to keep beating them down. So that's what they're doing here. They're running right back into this station under the directive, get out there immediately, conduct a one day mail count inspection or a one day 3999 right along, and then hold that carrier accountable to that. Pick a light mail volume day, grab a nice Tuesday or a Wednesday or a Thursday, whatever
[08:22] may be a light mail volume day in your area. Here it's usually a Tuesday, Wednesday or Thursday. We got Monday mail. Friday they usually try to shove out some flats before the weekend and on Saturdays They'll try to dish out some additional things, thinking carriers are going to run because it's a Saturday and they want to go home. So usually Tuesday, Wednesday or Thursday are traditional light mail volume days here. But that's when you normally see management conducting a 3999. Now let me tell you this about a 3999.
[08:54] If you're not sure what the hell that even is, a 3999 is when management approaches you and says we're going to ride along today with you to check your performance. Most time carriers get very apprehensive. They get nervous. They don't like it. They feel like they're being harassed. Management is actually doing what they're supposed to be doing. What they're doing with it is what's inappropriate. What they're doing to try to establish a time standard is inappropriate. But them actually conducting a 3999 is something that management is actually required to do.
[09:39] I want to read a step 4, M document 385, M 00385, and this is what it states. It is acknowledged that the proper stipulated manner for determining the efficiency of an employee and whether or not the employee is, in fact, meeting standards is to conduct a one-day count as provided in handbook M39 and M41. Under these circumstances presented in this case, it is not shown that such a formal approach was necessary or that management will seriously question the efficiency of the grievance. Now that's talking about a one-day count, talking about counting their mail in the
[10:23] morning. See if they make standard, 18 and 8. And then conducting a 3999 will be able to check their efficiency on the street. Our M41 teaches us that we are to expect to be supervised on the street. And section 134 of the M39 that Corey has covered extensively talks about how management will go about conducting street supervision. The first thing I ever tell a letter carrier is when management is conducting a 3999 with them and they ask me about it. I tell them to validate the damn good job that you're fixing to do.
[11:05] That you're here for a fair day's work, for a fair day's pay, and that's exactly what they're fixing to see. If management would have conducted a 3999 with me today, they'd have saw nothing more than an excellent job. Putting service in the United States Postal Service, serving on the front line to the American public, and bringing my happy ass back after two 10-minute breaks and a lunch. That's what they'd have saw today. Nothing more, nothing less. I'm not going to allow management tomorrow when I report to work say, hey, yesterday
[11:40] you did this. So we're expecting this from now on. I could care less what management says my 3999 resulted in. 3999 are just to check efficiency. They cannot set a time standard for your route evaluation. That has already been covered. There is only two ways management can establish your route evaluation. We're currently under the T-RAP process, so that is the joint agreement that both parties have agreed to for evaluation purposes, how a route will be adjusted. Outside of the T-RAP process, there's only two ways management can evaluate and adjust
[12:32] your assignment. They're located in the M39, Section 242.32. It discusses street time. For evaluation and adjustment purposes, the base for determining the street time shall be either of these two things. That's it. These two things, A and B. A being the average street time for the seven weeks random time card analysis and the week following the week of the count inspection, or the average street time used during the week of count and inspection. I'm going to read these again. Only two ways management for evaluation purposes can adjust your assignment.
[13:20] The street time for the seven random weeks time card analysis and the week following the week of count and inspection, or the average street time used during the week of count and inspection. When management comes to you and says yesterday we did a one day count and inspection, or just a 3999 street evaluation, this is what you did and this is your demonstrated performance. That's what management's trying to fool some of our people out there into believing that we have demonstrated performance. What I did yesterday may not be what I'm capable of doing tomorrow.
[14:04] It may be less for tomorrow. It might be more. It will only be tomorrow when I can determine how I'm looking on that day. But it does not set a standard. And when management approaches you and tries to hold you accountable to that time standard, and they say this is your 3999 demonstrated performance, they are jumping into the avenue into the ring of pet. We went over pet and dois in a previous episode. Corey's talked about it. And you've got to grieve it. If you want to stop a problem in your station, if you want to stop a bully being a bully,
[14:46] or you want to stop management coming at you, grieve it. Grieve every single damn thing as a result of what they're doing to you. I jotted down on a piece of paper things that I could see as a result of a 3999, almost like a tree, a branch, how it could branch out into different grievances. And these are just a couple quick ones that I wrote down. I could immediately see problems with 3996's. And it comes to you and says, hey, yesterday was your 3999 demonstrated performance. And you say, well, yeah, but I'm looking a little over today.
[15:27] Can I get a 3996? You're not getting one, sir. File a grievance. File a grievance on that. We're going to grieve everything. And we're going to show a pattern of behavior that they're being intimidating and harassing us with a one day time standard from a 3999. If you request a 3996 and management says I'm not getting you one, file a grievance. Immediately, write a statement, get it to your shop steward, make your steward aware. I requested a 3996. Supervisor McLuhless said I can't have it. File a grievance.
[16:06] Get it on record. We want management to cease and desist, violating the M39 handbook by failing to provide letter carrier so and so a 3996 upon request. If you submit a 3996 and you ask for a copy of it and management refuses, file a grievance. File a grievance that management would not give you a copy upon request of your 3996. Write a statement, any witnesses, write it down for your steward to be able to talk to. Let your steward know that you've been refused a copy of your 3996 and you'd like a grievance
[16:45] filed immediately. If you don't get a proper disposition of your estimated time based on a one day demonstrated performance in their eyes, a 1 day 3999, file a grievance. Write a statement for your shop steward. Supervisor McLuhless denied my 3996, disapproving my time based on my demonstrated performance from a 1 day 3999. Open a time estimation tool when we don't have a standard for street time. You may say, what do you mean we don't have a standard for street time? Standards for street time have been addressed.
[17:27] I'm going to go over them again and many of you may know and there's some that don't know. So this is the opportunity to get that knowledge but to use this knowledge and take that key and fire them up with a grievance. M Document 01769. Again M-01769. The important language in this M Document which is all important but I want to read down a couple paragraphs and it states, the subject office efficiency tool is a management tool for estimating a carrier's daily workload. The office efficiency tool in the greater Indiana district or any similar time projection
[18:12] system tool. Read that part again. Any similar time projection system tool will not be used as the sole determinant for establishing office or street time projections. That's huge because what management is doing is bastardizing a 1 day 3999 generally probably in your area based off a light volume day when you may have done better than your evaluated time for your route and now they're wanting to try to trim off of your route to convince you, to condition you, to think that what you're a route evaluated at through
[18:56] the T-RAP process is not actually what your assignment is supposed to be evaluated at. They want to convince you that this is the number. They want to convince you that you got to try to achieve it every day. They usually result in carriers skipping breaks, skipping lunches, fear of discipline, being harassed, being intimidated. They want to condition you off a time estimation tool. We discussed one time back in the Deutsch pet episode about how management uses a 1 day 3999. That is what pet is derived from.
[19:37] What they would do in pet is one of the few things. They would either go in and take the average street time for the same day of the week for the previous six weeks. For example, today's Monday, then they would just take the possible street time selections from the average street time recorded in Deutsch for the previous six Mondays and try to say this is what carrier so-and-so is capable of doing on Monday. This is what he's going to be held accountable to every single Monday based off his demonstrated
[20:08] performance as if Monday is the same for here through the rest of your entire career, which we know is complete horseshit. That's one of the ways they would do it. They would use the average street time for all delivery days during the previous six weeks. Or they would use the most recent PS form 3999 time, which is what they are doing now and trying to hold you accountable to it and you're going to grieve it. You're going to grieve that they're using a time estimation tool in violation of this step for agreement.
[20:41] That is being used for the sole determinant of the approval or disapproval of your overtime. You're going to write a statement about that. You're going to get it to your steward and you're going to light them up and get them off of you and get them to move on to somebody else, but encourage that brother or sister to step up for themselves too. When they move down the line, you're going to be right there for that brother and sister as their support to write a statement on their behalf that you heard supervisor McLuhless
[21:06] down there running the same garbage material. You're going to be there for them because it might not be you today, but it could be you tomorrow. So you're going to do is for somebody else as you would want somebody to do for you. We're going to fight this battle together because that's all we can do. We're down there on this workroom floor and we're going to combat these people. There's a couple of step four agreements that I'd also like to read that we had touched on before, but they go in line with one day counts and one day 3999's and how they're
[21:36] not supposed to be used. Because one of the other topics that we're going to talk about when I said how it could branch out into other subjects is the 3996 was the first one I thought of immediately. Then I start thinking about mutual respect. I start thinking about joint statement on violence and behavior in the workplace. It doesn't always have to be an act of violence. It can be behavior, a behavior that could be perceived as harassment, intimidation, that no employee would be intimidated or harassed to make the numbers.
[22:12] That's what the joint statement talks about in 1243 and 1242, how we won't be intimidated or harassed in the performance of our duties to make the numbers for management because that's all they care about. Their job is to hold down six wheels on a chair and to harass our ass. And that's it. So we're left to fight this and the grievance procedure is our outlet. But when I think about mutual respect and I think about joint statement on violence and behavior, I think about this M document, M-00111. Again, M-00111 states the M39 handbook provides for a one-day count of mail when necessary
[22:57] under the circumstances. We find no violation of the national agreement and the grievance is denied. But however, a one-day count of mail should be utilized for the purpose intended by the M39 handbook and local officials are to ensure that a one-day counts are not used for the purpose of harassment. So if we have a brother or sister or you constantly being harassed every single day, being told you have demonstrated performance, being told this is what you did on this particular day, that's what you're held accountable to.
[23:33] We don't give a damn what Ty Rapp says your route was evaluated to. This is what you're evaluated to now. We're going to file a grievance on that. We're going to include arguments about this M document that we are being harassed, that management is failing to maintain a mutually respectful atmosphere. They are not setting the tone for mutual respect. They're showing a behavior to make the numbers that the joint statement of violence and behavior talks about. We're going to write a statement on how management is harassing us, refusing us our 96.
[24:07] And we're going to have these grievances to be able to connect the dots. Because the last thing you want is to come to the table one day and say, well, this has been happening for about three months. And your next step, your formal A, the B team looks in the file and they, well, where's the grievances? Well, I didn't file any. Well, you just become hearsay. You're telling me something happened, but you can tell me whatever you got to show me, baby. So you want to be able to show behavior, a pattern. You may not think a 3996, a refusal to get one shows a pattern that could potentially
[24:46] lead maybe to a mutual respect grievance or a joint statement on violence and behavior, but it does. It shows a pattern of resistance, a pattern of intimidation, pattern trying to harass you, into performing something that's unattainable. Another subject I thought they could come up as a result of them utilizing a demonstrated performance, a one day 3999 evaluation or a one day mail count and inspection of your route. And while I'm thinking about it, I had a brother or sister of ours actually reach out.
[25:21] Well, don't, where's my cell phone? You have to forgive me. I just received this question earlier. So I thought it'd be a good opportunity to bring it out right here. I'll just read the question. Quick question. Does management have to notify you prior to performing a 3999? I'm getting mixed answers from the old heads in the union here. Could you help? Appreciate the question. And the answer comes directly from the M 39 handbook section 141.2, where it talks about special office mail counts. And it states, when management desires to determine the efficiency of a carrier in
[26:02] the office, a count of mail may be made. The carrier must be given one day's advanced notification of the special count. Use PS form 1838C to record count and time items concerned. The carrier must be advised of the result of the office mail count. So there's our answer. When it comes to just a 3999 evaluation, management can jump in the truck whenever they see fit. If you turn in a 3996 and they feel like you're bloviating or exaggerating on your estimated time and they say, well, Mr. So and so I'm gonna ride along today and do a 3999 evaluation.
[26:44] That's their prerogative and their obligation to do so. And be that person, be that person, and I hope we all are. I'm just, I'm gonna throw it out there and just say, if we're requesting time, be able to stand by that. If I tell my management I need an hour, it's because I'm needing somewhere between about 45 and an hour and 15. I'm going with an hour because I think I'm gonna hit it right there somewhere in the middle from 45 minutes to an hour and 15. If you need two hours, then make sure that's what you actually need.
[27:20] So when they do go and evaluate you and they jump in that vehicle with you, you can validate the damn thing that you told them. Because that's a great opportunity for you to do that. But don't put down two hours and then they jump in the truck with you and you go back and get done in eight. Or they tell you to give them two hour piece to leave on the floor and then they're jumping in the vehicle with you expecting to see eight hours. That's the last thing we wanna do. It's the last thing we wanna do is to look like we don't have integrity.
[27:53] So validate the things that you say. If you tell them you got eight hours and they say, well, I'm expecting to see eight hours today, show them eight hours work for eight hours pay. If you tell them you need 30 minutes and they wanna ride along with you, so be it. It's an estimate, it's not an exact time. We're not required to give exact times, it's an estimation around. But be around that. So it's just a good opportunity for you to show dumb ass that you're actually requesting exactly what you thought as the professional letter carrier that services
[28:27] that route. Getting back on subject, one of the other things that I jotted down was potential article eight issues. And you may say, well, I thought we was just doing a 3999 episode. To me, I am going to grieve everything as a result of them coming in and trying to intimidate letter carriers with the use of a one day demonstrated performance in their eyes that could potentially lead to other subsequent grievances. I'm going to bring their ass to the table until they back off. A lot of people think, well, I don't wanna file a grievance cuz I don't want
[29:07] them messing with me. Well, they're jacking with you right now. And the only way you're gonna get them off of you is to hit them with the paperwork, let your grievance do the talking. They do not care what you have to say. Remember a minute ago, I could go and tell them how wrong they are and walk off and go in case in my mail thinking I really accomplished something. Meanwhile, they're laughing because I didn't accomplish the thing because they're going to do it until the grievances stack up against them.
[29:38] So when I think about article eight issues, the reason I think this is important because usually when they try to hold a carrier to a 3999 evaluated time in their mind, a demonstrated performance, they think, well, this day you got done in seven hours and 15 minutes. That's what your routes evaluated at. And their eyes are thinking your route is no more than seven hours and 15 minutes. I need to give you a 45 minute takeoff today so you can get eight hours. Meanwhile, you got more mail and more delivery stops than you did that day.
[30:13] You got more packages or DPS is heavier or flats are different or whatever the anomalies may be, weather, construction, I don't know. But you already know that your route is going to be longer than the light day they rode with you with. But you're a non ODL or a work assignment only carrier. And they're giving you a takeoff, a pivot, a swing, whatever it's called in your area on another assignment. And you're going to go over. You take a 3996 with you to fill out your takeoff portion. You begin travel, you begin delivery, you're in delivery,
[30:47] you begin travel back to your route. You fill it out in detail like you're supposed to. You submit that when you're done. And when you go over that eight hours, you tell your shop steward to file a damn grievance. Because they violated your contractual rights up underneath Article 8 because you do not desire overtime and management forced you off of assignment. And you want a remedy to reflect your time back or compensation back. Whatever remedy that you're getting in your geographical area, you want it.
[31:17] You want the grievances to show a pattern of behavior that leads up to hitting them in the mouth with a mutual respect or a joint statement on violence and behavior about the way they're managing your station. That intimidation and harassment, conditioning coming after you. You're going to grieve every single thing. I even thought it could potentially lead into an Article 41 bumping a CCA or unassigned regular off their hold down because they say in their mind, well, now we have to provide eight hours worth of work.
[31:51] And in these situations, we have the right to bump this individual off their hold down opted assignment so we can give you eight hours worth of work. And we know that's a violation because they could do other things other than bumping that should be the last resort, correct? That's what it tells us bumping should be the last resort before removing that CCA or unassigned regular or qualifying employee from their hold down assignment. It could potentially be an Article 41 violation. We're going to file that grievance.
[32:22] We want to connect as many dots to build our case file, to build our position against the actions they are taking based off one stupid ass 3999 performance evaluation. What about Article 16? You know that's going to be hot. You know discipline's coming. You know they're going to take this and run with it. Unsatisfactory performance, improper conduct, failure to follow, whatever they want to blanket it under. So now your brother or sister out there has a letter of warning or suspension based on unsatisfactory performance.
[33:08] Expansion of street time. What are we going to do then to combat and fight that action against our brother and sister? We're going to kick this grievance in their ass is what we're going to do. And I think of a very, very important M document. Well first, unsatisfactory performance. I want to touch on that. Unsatisfactory performance is actually defined in our employee labor manual. The definition of unsatisfactory performance, we have it. We have what the employee labor manual defines as unsatisfactory work
[33:47] performance, and you're going to find that in section 375.2 of the ELM, Employee Labor Relations Manual. Very important that it states unsatisfactory performance is a level of performance that is repeatedly or consistently below the minimum requirements expected of an employee in the position. Okay, repeatedly and consistently. But yet I just received a letter of warning because I had an expansion of my street time today because I didn't meet my evaluated time from a one day 3999. So now I'm looking at disciplinary action based off a one day male counting
[34:34] inspection, right? What are we going to do to combat that? Well, I've already shown that this is not repeatedly and consistent. It's a one day occurrence. But I'm being held to a time standard that we've already said can't be for my evaluation purposes. I'm going to finish reading the remainder of that 1769 that we talked to a minute ago because it also touches on this. It's going to be in your case file when you combat this disciplinary action. I'm going to pick up where I left off. Accordingly, the resulting projections will not constitute the sole basis for
[35:17] corrective action. So the fact that they're using a time estimation tool, PET, whatever they want to call it, demonstrated performance, however they want to narrow it down, they're utilizing a one day 3999. That is not what my route evaluation was adjusted to or my route was adjusted to. My route was adjusted in accordance with two ways right now under the joint agreement of the tie wrap process. So a 3999 does not set a basis for a standard. I do not have a standard. I could care less what my 3999 said. But in keeping going with this M document,
[35:59] this agreement does not change the principle of that pursuant to section 242.332 of the M39 handbook. This is management's handbook. Okay, M39, that's management's. M41's a letter carrier, M39's EA, yes, that's management. Directly out of the management handbook, again, section 242.332 specifically states no carrier shall be disciplined for failure to meet standards except in cases of unsatisfactory effort. Which must be based on documented unacceptable conduct that led to the carrier's failure to meet office standards.
[36:43] Furthermore, as stated this agreement, there is no set pace at which a carrier must walk and no standard for walking. That means my time or no standard for street or walking. Because the street time's always fluctuating. It obviously depends on mail volume, package volume, DPS volume, every houses, the things that we do every single day. Whether we're skipping mailboxes, whether we're hitting every mailbox, whether we're sitting at each box for more time than we normally would based off heavy volume, that's why there's no standard.
[37:24] It's always fluctuating. That's why you can't be held accountable to a one day 3999. That's why no carrier shall be disciplined for failure to meet a standard except for documented unacceptable conduct. Meaning they were out there with you, watching you do things, watching you have expansion of your street time, watching you commit stationary events, doing a street observation without covertly or spying on us, doing things out there, deviating from our route, things that they could come up with to possibly
[38:07] document a reason to give us a disciplinary action. But just the fact that we didn't met a fictitious number from a day that we did on a light day or any day. It just doesn't set a standard and no carrier shall be disciplined for that. The parties also agreed in another M document that will definitely need to be in your case file if you're combating disciplinary action for a brother or sister. And it's M document 00829. The question raised in this grievance is whether management may discipline a letter carrier for expansion of street time and or unauthorized or authorized overtime
[38:53] using data obtained by management during a one day inspection of the carrier's route. Under Article 16, no employee may be disciplined except for just cause. In this instant, the parties agree that a one day count and an inspection may not be used as the sole basis to establish a standard against which a carrier's performance may be measured for disciplinary purposes. I'm going to read that again. Under Article 16, no employee may be disciplined except for just cause. In this instance, the parties agree that a one day count and an inspection may not
[39:35] be used as the sole basis to establish a standard against which a carrier's performance may be measured for disciplinary purposes. Meaning that one day count inspection is just that. It was you wasting your time to come out and ride with me because somebody from way up above told you to get out there and try to brow beat these people back into getting to what we used to have in this station. We used to only have 10 routes. Y'all couldn't manage that. So now we're looking at 12. We had to create two more full time positions.
[40:07] You're the reason for it. You're going to get your ass out there in those trucks and you're going to harass those carriers to get back. That's exactly what they're doing. And we got to file the grievances. We also got to protect our brothers and sisters when they receive discipline off these actions from management. So again, coming back full circle, if this is the temperament in your station, if this is the direction management is going based off the tie wrap process, based off management's trying to get in front of the tie wrap process and
[40:42] they're going ahead and trying to condition employees to achieve an unattainable goal every single day. Look, a 3999 is just that. It's not to be feared. I could care less if they want to ride with me tomorrow. Get your ass in the truck. I'm going to talk your head off all day long and you're going to see me do exactly what I know I'm going to do. Okay? I'm going to take my two 10 minute breaks. I'm going to take my 30 minute lunch. I'm going to knock this route out and I'm going to take my ass home. And that's it.
[41:13] And if you got anything crazy to say about it, we'll address it. But tomorrow you're not going to come to me and say, this is your demonstrated performance. I'm going to grieve every single aspect as a result of their actions. Once they try to establish that's my demonstrated performance. If you're not a steward and you're listening and this is happening to you, write a statement. Talk about how it made you feel. Talk about the language that they used. They backed you up in your case. They made you feel harassed or intimidated.
[41:49] They said that this was your demonstrated performance. That's a key word. Or this is what you're held accountable to. If this is what your route's been evaluated at, write these things down and let your steward file that grievance. If you still need a 39.96, request it. Nothing's changed. You still have your reporting requirements. Those don't get removed by any management conditioning or action. You still have your reporting requirements where you must notify them if you're going to be in abundance of eight hours today.
[42:24] As for that 96, they don't get it. File a grievance. They won't give you a copy. File a grievance. They don't give you a proper disposition. File a grievance. If they say this is your demonstrated performance and this is what PET evaluated you at, file a grievance. If they start being harassment or utilizing harassment or intimidation or trying to browbeat you, write that statement, file a grievance. If it results in Article 8 issues, file a grievance. All of it. And paint that picture that management is creating.
[42:56] They are creating an environment that is hostile and toxic and is no longer harmonious. And you want it to stop. Because the grievance process is the only outlet that you have as a letter carrier. If you see your brother or sister getting the same treatment, you let them know immediately. Don't be scared to support another one. Again, it might not be you today, but it could be you tomorrow. And unless we stand together united, we will not be able to combat this behavior. I hope some of that information was beneficial.
[43:34] Again, these M documents, things of that nature, I have Corey or Jeremy, I'll get with him to put...