The best way to become familiar with the meaning of provisions in the National Agreement is to review the Joint Contract Administration Manual (JCAM). The JCAM is a publication jointly written by NALC and USPS representatives at the national level. The JCAM provides the parties’ jointly agreed upon explanation of most provisions contained in the National Agreement.

The JCAM contains the authoritative, agreed-upon interpretations of the National Agreement. The National Association of Letter Carriers and the United States Postal Service have agreed at the national level that this is the definitive interpretation of the contract. In the JCAM, you will see the actual National Agreement language and below that language you will see the explanation, or agreed upon interpretation, for that particular provision. Also incorporated into the JCAM are numerous national level arbitration decisions and memorandums of understanding which further explain and interpret the provisions of our National Agreement.

Postal managers and NALC representatives at all levels are required to follow the JCAM's interpretations of the contract. The JCAM should be used by the local stewards and managers to help resolve disputes. In fact, when a dispute arises, you should go to the JCAM first to see if the issue in dispute is addressed. If the issue is addressed in the JCAM, then any dispute should be resolved in accordance with that guidance. You are encouraged to use the JCAM to ensure local contract compliance and to foster more professional working relationships.

Copies of the JCAM can be obtained through the NALC Supply Department and it is available in PDF format on the NALC website. Additionally, a copy of the current JCAM can be found in every post office where city letter carriers are employed. The cost of printing a JCAM for each office was split between NALC and USPS, so you have just as much of a right to use the JCAM in your office as your supervisor or manager does. If there is no copy of the JCAM in your office, consult your branch officers or branch president for guidance.

An NALC shop steward must research the facts and the contract before constructing an effective grievance. Then he or she needs to articulate the correct arguments at the very earliest steps of the grievance procedure. To do these jobs well, a shop steward requires deeper and more detailed information than either the National Agreement or the Joint Contract Administration Manual (JCAM) provide. The Materials Reference System or MRS is one of our most effective tools for making the required information easily available to union activists at all levels.

The MRS is a collection of contract administration materials assembled by NALC Headquarters’ Contract Administration Unit. The MRS is a searchable listing of various topics that generally arise and generally become the subjects of the grievance procedure. The MRS contains summaries and, in some cases, the full text of many important national-level materials, including settlements of Step 4 grievances, national-level pre-arbitration settlements, memorandums, USPS policy statements, NALC publications, and more. The MRS also contains cross-references to significant national and regional arbitration awards.

NALC grievance handlers should review, use, and submit these source documents when enforcing the contract. The MRS summaries are not substitutes for copies of the actual Step 4 settlements, arbitration decisions, or other original source documents. The summaries only briefly explain what is contained in each document, which can be easily printed after opening the associated link. The MRS is updated and reissued periodically to add new materials and users can check the NALC website for information about the latest edition.

Again, by providing the MRS as a resource, the NALC is giving the stewards the tools necessary to build the type of case files which will provide the best chance for resolution at the lowest possible step of the grievance procedure. Stewards should always utilize this valuable resource when they are researching an issue or preparing a grievance. The MRS is available in PDF format on the NALC website.

Collective bargaining is not finished when the National Agreement has been finalized. The National Agreement contains its own enforcement mechanism called the grievance-arbitration procedure, which is outlined in Article 15 of the National Agreement.

The grievance-arbitration procedure is designed to resolve disputes over the application and interpretation of the National Agreement in a timely and orderly fashion. Such disputes are resolved through discussions between union and management representatives or, if necessary, through final and binding arbitration. Once again, the grievance-arbitration procedure (Dispute Resolution Process or DRP) is described in great detail later in this guide.

The entire NALC structure, from the branch level to the national level, is involved in contract administration and grievance processing. In addition, the Postal Service has a matching structure to handle its side of contract administration. If the grievance-arbitration procedure works properly, disputes should be resolved at the lowest possible level. This principle is memorialized in Article 15, Section 3.A of the National Agreement which reads:

One of the first steps of contract administration is the certification of union stewards. Steward certification is the process utilized to designate a union representative who will be acting as a shop steward for a certain section, office, or installation. Designating who will be the steward in these areas is extremely important because this person is responsible for investigating, presenting, and adjusting grievances. Therefore, it is important for the letter carriers to know who is representing them as well as important for management to know who they will be meeting with when contractual issues arise.

Also, designated stewards are given certain rights and responsibilities by the National Labor Relations Act and the National Agreement. Designating a steward is a formal process that must always be done in writing by the NALC at the branch or regional level. The rules for steward certification can be complex and easily misunderstood. Consequently, stewards are encouraged to seek advice from their branch officers or branch president if there are any questions about steward certification. The controlling

The first step of steward certification is addressed in Article 17.2.A of the National Agreement. Here, the actual appointment and certification of stewards is outlined. This language also explains how many stewards the local union is allowed to have based on the number of employees who will be represented by the steward. That section of the National Agreement reads:

As explained earlier, the Materials Reference System (MRS) on the NALC website is a great source of information and a great resource for shop stewards in their duties of enforcing the collective bargaining agreement. The following MRS references and citations that support the above language are directly linked to the supporting document and each give a brief description of the issue below the link, just as every MRS reference does:

• M-00455 Step 4 - October 6, 1977, NC-C-8435 An employee is represented by the steward for the specific work location where he happens to be working when the cause of the grievance arose.
• M-00083 Step 4 - November 8, 1984, H1C-3F-C 35597 The number of stewards certified shall not exceed, but may be less than the number provided by the formula set forth in Article 17, Section 2, which is based on the total number of employees in the same craft per tour or station.

At times the union may choose to have union representatives, other than the designated steward, investigate and process grievances. This can happen for various reasons depending on the circumstances at hand. These union representatives, or acting stewards in this case, must still be certified in writing to the Postal Service and the union is still subject to the following provisions of the National Agreement when designating these individuals to act as a steward in a particular installation:

The accompanying JCAM interpretation, found on pages 17-2 and 17-3 of the 2014 JCAM, for the above National Agreement language reads as such:

It is possible for NALC stewards to even be designated to represent more than one craft or to act as a steward in a craft other than their own under certain circumstances. Again, this must be done in writing. Article 17.2.E of the National Agreement explains this provision:

Some Materials Reference System cites that specifically pertain to the above referenced items in article 17.2 of the National Agreement are listed below. Please familiarize yourself with these settlements and awards to give you a better understanding of the certification process of stewards and union representatives acting as stewards.

• M-00217 Prearbitration Settlement - July 27, 1981, H8N-5K-C-14205
  The National Association of Letter Carriers need not designate a precise group of letter carriers over which each steward shall have jurisdiction to represent letter carriers and process grievances on their particular tour and within their particular station or branch.

• M-00649 Step 4 - January 30, 1973, N-C-2114
  A full time union official has the right to act as a steward.

• M-01267 Prearbitration Settlement - October 2, 1997, H94N-4H-C 96084996
  The issue in these grievances is whether a full-time union official who is on the employer's rolls is "actively employed" for the purposes of Article 17.2.B. During that discussion, it was agreed to resolve the interpretive issue with an understanding that full-time union officers on the employer's rolls are considered "actively employed" for the purposes of Article 17.2.B.

• M-00233 Prearbitration Settlement – May 20, 1982, H8N-2B-C-12054
  A union member actively employed in a post office may be designated as a union representative to process a grievance at another post office. Such employee must be certified in writing, to the Employer at the regional level.

• M-00798 Step 4 – April 23, 1987, H4C-1M-C 2986
  A former employee, who is a certified union steward, will be allowed to enter a postal facility to perform the functions of a steward or chief steward in accordance with the provisions of Article 17.2.D

Warning: It is important that all stewards be properly certified in writing in accordance with the provisions of Article 17, Section 2, above. Some regional arbitrators have ruled that grievances were not arbitrable because they were filed by a steward not properly certified in writing. This means that the arbitrators simply dismissed the cases without even considering the merits. You can avoid any possible management claims of certification problems by making sure you are certified in writing prior to performing any steward duties. If you have any questions concerning certification procedures, contact your branch officers, branch president, or national business agent’s office for assistance.

An alternate steward acts as steward in the absence of the regular steward or stewards. The alternate steward should be certified as an alternate by the union and has the same role as a regular steward when processing a grievance. Alternate stewards must also be certified in writing.

Article 17.2.A of the National Agreement also provides for the certification of alternate stewards. Once again, that language in pertinent part reads:

The formula in Article 17.2.A, which was discussed earlier on page 11 in the Steward Certification section of this chapter, establishing the maximum number of stewards applies only to regular stewards. It does not apply to alternate stewards. Consequently, the number of alternate stewards appointed is determined by the union.

However, management is not required to pay an alternate steward to handle a grievance if all the regular stewards provided for by the formula in Article 17, Section 2 are present. An exception to this general rule is explained in M-00503 below.

M-00503 Step 4 - May 24, 1984, H1N-1J-C 5026 Once an alternate steward has initiated a grievance, the alternate steward may continue processing that grievance, as determined by the union. However, only one steward will be given time for processing the grievance. Some other helpful MRS references that can guide you regarding certain circumstances when it may be proper to utilize an alternate steward are as follows:

M-00811 Step 4 - May 9, 1986, H4C-2M-3551 The union will provide a list of stewards and sequentially listed alternates in accordance with Article 17 of the National Agreement. There will be no "shopping" for stewards. If a steward or alternate is not available, the Postal Service may grant the grievant an extension of time for the grievance.

M-00461 Step 4 - December 21, 1977, NC-S-4915 All stewards need not be absent before an alternate is allowed to represent employees. See also M-00014

C-10004 APWU National Arbitrator Snow - January 8, 1990, H4C-3W-C 28547 Management did not violate the contract when it provided the grievant with an alternate steward rather than the grievant's steward of choice when the regular steward was in overtime status.

The chief steward is designated by the union per Article 17 of the National Agreement when there is more than one regular steward at a particular location. The chief steward may also be the branch president acting in lieu of the regular steward.

Just as it provided for the certification of stewards and alternate stewards, Article 17.2.A of the National Agreement also provides for the designation of chief stewards:

Some helpful MRS references related to the subject of chief stewards are below:

• M-00460 Step 4 - November 7, 1980, N8-S-0470 The designation of chief steward does not provide for added representation beyond the particular designated work location.

• M-00952 Step 4 - October 13, 1976, NC-W-3083 The union is not precluded from having the branch president, acting as chief steward, present a grievance at Step 2 in lieu of the steward.

• M-00462 Step 4 - October 21, 1977, NC-S-7847 The employee who is a steward has the same right to union representation as other employees. However, management is not required to supply the president of the local union as the chief steward's union representative. The employee who is a chief steward should be represented by the steward in his section.

• C-00245 Regional Arbitrator Epstein - April 27, 1982, C8C-4H-C 17962 A union president also wearing the hat of "chief steward," is a steward within the meaning of Article 17 and entitled to super-seniority; out-of-schedule overtime is provided as remedy.

Superseniority is a special provision protecting stewards from involuntary reassignment (excessing). This keeps management from unilaterally removing a steward from the office where they serve. Management is required per the National Agreement to place chief stewards and union stewards at the top of the seniority roster for the purposes of layoff, reduction in force, and excessing. While on the surface this may solely seem like a right and protection for the individual who is designated as a steward, this actually protects the membership at a particular office as well by ensuring they continue to receive representation from the steward who is certified by the union.

Article 17, Section 3 of the National Agreement discusses superseniority and provides the following:

Article 6.C.4 of the National Agreement also addresses this topic:

Page 17-7 of the 2014 JCAM further provides the following explanation:

Arbitrator Britton’s award and the Step 4 decision mentioned above, as well as an arbitration decision from Regional Arbitrator Epstein, speak directly about superseniority:

• C-08504 National Arbitrator Britton - November 28, 1988, H4N-5C-C 17075 - Management violated Article 17, Section 3 by temporarily assigning a steward who was a full-time reserve carrier to another station. The arbitrator held that the prohibition on transfers provided for in Article 17.3 applies to temporary as well as permanent reassignments and that the prohibition applies even if there are no vacant job assignments. In other words superseniority rights must be observed even if it requires an involuntary transfer of another, more senior carrier, whether full- or part-time.

• M-00077 Step 4 - October 25, 1983, H1N-2B-C 7422 - Under Article 17, Section 3, of the National Agreement, a certified steward "may not be involuntarily transferred to...another branch...unless...". Management may, however, take whatever action is appropriate and necessary, e.g., excessing of the junior full-time carrier, in order to provide the grievant with an assignment at the main office. See also M-00520 and M-00541.

• C-00245 Regional Arbitrator Epstein - April 27, 1982, C8C-4H-C 17962 - A union president also wearing the hat of "chief steward," is a steward within the meaning of Article 17 and entitled to super-seniority; out-of-schedule overtime is provided as remedy.

The next two sections of this guide explain the basic rights of NALC stewards. In these two sections we will discuss the contractual language that gives stewards the authority to investigate a specific problem or issue and the ultimate authority to file a grievance, which we will start discussing in the next chapter. We will also discuss the right for stewards to be paid for their work. Without these rights, the NALC would be unable to fulfill its responsibilities to negotiate and enforce the National Agreement.

Articles 17 and 31 of the National Agreement establish the basic rights of NALC stewards to investigate and process grievances as well as the right to obtain information for these potential grievances. Article 31 gives the union access to all relevant information necessary to investigate a situation and determine if a contractual violation exists.

The pertinent sections of Article 17, Section 3 of the National Agreement provide the following language explaining some of these steward’s rights:

This provision in the National Agreement gives stewards the right to:

1. Leave the work area to investigate and adjust grievances.
2. Leave the work area and enter another area within the installation to perform investigatory duties.
3. Request and obtain all of the documents, files, and other records necessary to investigate and adjust grievances.
4. Interview employees, supervisors, and witnesses during working hours.

None of the above rights can be unreasonably denied by management and they are very powerful tools for the steward in his or her daily duties and investigations. The right to obtain information is further discussed in Article 31, Section 3 of the National Agreement:

A more detailed explanation of information requests and what you should do if you are not provided with the requested information can be found in the Information Requests section on page 82 in the Special Topics chapter. For a greater understanding of this subject, you should go to that section now.

In the next section we will further discuss the rights of stewards, as outlined in the National Agreement, as we explain their right to obtain steward time and the right for that steward time to be “on the clock.”

NALC shop stewards donate considerable amounts of time to activities such as union meetings, training sessions, charitable work, etc. However, the NALC has negotiated strong provisions in Article 17, Section 4 of the National Agreement that give stewards the right to be paid for grievance handling. Those provisions read:

Page 17-5 of the 2014 JCAM explains these provisions as follows:

Denial of Steward Time - The denial of steward time is an extremely serious contract violation. This is because it undermines the ability of the union to enforce the contract and protect its members. In fact, it is so serious that it is one of the few contract violations for which the JCAM discusses a remedy. Page 17-6 of the 2014 JCAM provides the following explanation of remedies for stewards improperly denied time:

In other words, the JCAM specifically acknowledges that in addition to the "make whole" remedy of payment for time spent processing the grievance, a "cease and desist" should be given. Cease and desist orders have real consequences because they establish the basis for even stronger remedies if further violations occur. Page 41-17 of the 2014 JCAM provides the following explanation of "cease and desist" orders under Article 41, Section 2.B:

Grieving the Denial of Steward Time - Although grievances and the grievance procedure are not discussed until the next chapter, it is important to note at this time and important to remember that stewards must always file a grievance when steward time on the clock is being denied by management. The merits of any grievance concerning the denial of steward time are a separate matter from the merits of the grievance that the steward initially requested the time to work on. Consequently, in cases where management improperly denies steward time, the steward should do two things:

1. The denial of steward time should be explained in the original grievance, if the quality of the grievance file is affected. It is important for the union representatives handling the grievance at higher steps to be aware of the issue so they can consider the circumstances that you were faced with.

2. A separate grievance should always be filed seeking both a cease and desist order and payment to the steward at the appropriate rate (usually overtime) for the time spent processing the grievance off the clock.

Of course, grievances concerning the denial of steward time are contractual disputes where the union has the burden of proof. To help meet this burden, any grievance concerning this issue should fully document the steward's attempts to obtain the necessary time and management's responses. It should also contain detailed time records showing exactly when the steward worked off the clock and exactly what was being done, and if possible, provide a witness statement to verify the time.