Ideally, we have already determined that a grievance actually exists at the Informal Step A level of the DRP considering the grievance has been appealed to Formal Step A. That is not always the case though and, as stated earlier, it is the responsibility of the Formal Step A representative to continue weighing the facts and determine whether or not there is a violation of the National Agreement. As you review the grievance file appealed to you, organize all the necessary facts and conduct a thorough analysis of the file. This will make it much easier to decide whether the problem you are investigating is a grievance.

• Base your decision on the facts: You can best decide whether or not a problem is a grievance after reviewing, further investigating, and weighing the evidence. If you have any doubts as to whether or not a grievance exists, consult with the Informal Step A union representative who appealed the grievance to your step of the DRP. If needed, conduct your own investigation into the situation.
• Go the extra mile: Just how much investigation is “enough” will vary from case to case. As a general rule, the steward and Formal Step A representative should investigate far enough to make an informed and intelligent decision. This won’t be a waste of time even if it turns out not to be a grievance. If the problem is grievable, you will need all the facts anyway. If it is not, you can use the information to help explain to the Informal Step A representative and to the letter carrier why it is not a violation of the National Agreement.
• Analyze your information: Take the time to evaluate the problem carefully. Think it through completely, considering its merits and the evidence you have.
• If you still do not know for sure, seek advice: No single person has all the answers so ask other union officers for help when you need it.

If it is not a grievance: If a problem clearly is not a grievance, tell the Informal Step A representative and the letter carrier the plain truth of the matter. He or she may be disappointed, so be as tactful and diplomatic as possible and always explain to him or her why and how you reached your conclusion.

Use the following tips to prepare your grievance for the Formal Step A meeting:

• For starters: Make sure you are properly certified as the Formal Step A representative.
• Check time limits: Remember to check the Informal Step A filing date (block 10 of the PS Form 8190) to be sure we comply with time limits. Also, check the Formal Step A time limits to ensure that we will be meeting on the grievance in a timely manner. See the Time Limits section now on page 78 of the Special Topics chapter for a more detailed explanation.
• Request time: Make sure you request time to prepare for the Formal Step A meeting as discussed in the Steward Time “On the Clock” section on page 18 of this guide.
• Read the file: Familiarize yourself with the documentation and any notes or other information sent to you by the NALC Informal Step A representative prior to the Formal Step A meeting. Contact him or her if you need clarification.
• Continue the investigation: Review the file to determine if any additional investigation or research is needed. Try to complete any additional investigation needed prior to the Formal Step A meeting with management. Remember to request time to work on the grievance as discussed in the Steward Time “On the Clock” section on page 18 of this guide.
• Have the information to support your case: If there isn’t enough information in the grievance file to prove your case and you think you have a grievance that has merit but needs more documentation, request any additional information or interviews needed in writing. Any such requests should be submitted as far in advance of the Formal Step A meeting as possible. See the Information Requests section now on page 82 of this guide to assist you.
• Consider the issue: The issue statement at the Formal Step A meeting is important, so think about it. You should have the issue properly framed in the form of a question identifying the relevant contractual or handbook provisions involved before the meeting. The Informal Step A representative should have forwarded to you a piece of paper with the issue statement that he or she created detailing what they thought was the issue at hand in this grievance. Review their issue statement and fully consider their thoughts.
• Review any statements: Make sure any statements you are submitting are legible, signed, dated, and of sufficient detail to be relevant and helpful to your case. A common mistake is to submit statements that do not support the union’s case or are illegible. When you submit a statement, you should also include the printed name (no nicknames), title, and contact information for the person who wrote the statement. See the section on Tips for Writing Statements section now on page 98 of this guide for more information.
• Organize: The case file should be put into a logical order if the NALC Informal Step A representative hasn’t already done so. A suggested order for the case file was offered in the Informal Step A chapter of this guide, but the importance of organization cannot be overstressed and it is necessary that we revisit that suggestion at this point in the guide:
  • Joint Step A Grievance Form: The PS Form 8190
  • Central Documents: The next item in the file should be the central documents in the case, if any. This might be a letter of warning, a suspension, or a removal notice in a disciplinary case. It could be an administrative action such as a letter placing an employee on restricted sick leave, a letter of demand, or an improper Form 50. The central document could also be a policy notice, a denied leave slip, or some other method of written communication in which the form or content is in dispute.
  • Documentary Evidence: This is “where the rubber meets the road” because the documentary evidence contained in a file usually determines the outcome of the grievance. It does not matter how articulate or persuasive the arguments of a case are written if the documentary evidence is not there to support them. Thus the saying: “It’s not what you say happened that counts, but what you can prove happened.” Documentary evidence includes forms, documents, records, photographs, written statements, or other tangible items that prove a fact. For example, the document used to establish whether someone is on the overtime desired list would be a copy of the ODL itself. In preparing the documentary evidence for an appeal, the representatives should review each fact they seek to establish in the grievance and make every effort to ensure that there is some piece of written or printed evidence to prove it. Sometimes a single piece of documentary evidence can be used to establish more than one fact. Normally, it is necessary only to include one copy of the document in question.
  • Investigatory Notes: During the course of investigating a grievance, the shop steward or manager should take notes of conversations and interviews. These may be interviews held at the request of management, such as an investigatory interview. These may also be interviews that the steward has initiated while investigating the grievance. Normally, interview notes are considered as “hearsay” since, by themselves, they only establish what the steward or manager was told had happened by someone else who actually observed it. Nevertheless, such notes are important as they record answers to pertinent questions relevant to the grievance while the events are still fresh in the mind of the witness. They may also be used to verify the consistency of witness accounts. Investigatory notes should be identified by time, date, location, person being interviewed, others present, and person conducting the interview.
  • Contractual Cites and Prior Cases: Copies of contractual language or any handbook, manual, external law, or other provisions cited as a basis for the action or the grievance should be included in the file. Prior arbitration or grievance decisions that are being cited to support our contentions or remedy should be included as well. Since these are normally not considered “evidence”, they may be marked to highlight pertinent parts.
  • Miscellaneous Items: This is kind of a catch-all category for those items generated by the processing of the grievance itself. This includes items such as information and steward time request forms, extension letters, and mailing receipts. These should not be marked upon or altered.
• Outline your case: Be sure to at least make an outline consisting of the facts, contentions, contractual provisions involved, and the remedy we are seeking in the grievance. This should be done for each grievance you plan to discuss. Remedies can be one simple request or a list of things. It depends on what is appropriate based on the issue at hand and the facts of the case. This step will help you stay focused at the meeting and be a useful tool if you don’t reach a resolution and have to reduce the union’s case to writing. Stop and review the Remedies section now on page 101 of this guide.
• Get your time approved for meeting: Once you are contacted about the Formal Step A meeting, check with your immediate supervisor to ensure that he or she has scheduled time for you to attend the meeting.
• Confirm the cases: Confirm which pending cases you are going to discuss with management’s Formal Step A representative and be prepared for all of those cases.

Most grievances appealed to Formal Step A should be resolved at that level. It is, after all, the last step where the parties’ representatives can be expected to have detailed local knowledge of the background, specific circumstances, and any underlying issues.

If the local parties are unable to resolve a grievance and the union appeals it to the Step B level, the representatives discussing the same grievance may be hundreds of miles away and will not normally know anything more than what appears in the file they are reading. You should prepare every case with this in mind and never assume a grievance will be resolved at Formal Step A.

Before we get into the “nuts and bolts” of the Formal Step A meeting, here are some basic tips to follow when meeting with management at Formal Step A of the DRP:

• Come to the meeting with full authority to resolve the grievance.
• Bring the original grievance form, all of the information the union has, the outline you have made, a notepad, and a sample Time Limits Extension Form for each grievance you will be discussing at the Formal Step A meeting in case you need to extend the meeting. The sample Time Limits Extension Form can be found in the Sample Forms for Stewards chapter starting on page 107 of this guide.
• Use your outline to fully discuss the union’s position, the contract violation alleged, and the requested remedy for each grievance discussed.
• Listen to and fully consider management’s position.
• Exchange all documents that you want to become part of the joint grievance file.
• Jointly review all the information each party has gathered.
• Jointly review the JCAM language relevant to the grievance you are attempting to resolve.
• Take notes during the meeting so you can have them to look at while writing your contentions.
• If you are unable to resolve a grievance at the meeting, you should jointly initial each page of the grievance file and make a list of exhibits.
• Prepare and exchange written positions on the same day of the Formal Step A meeting unless there is a joint time limit extension in writing extending the meeting or appeal.

All documents, statements, and other evidence must be shared between the parties at the Formal Step A meeting. If no settlement is reached, all of the documents, statements, evidence, and the full detailed statement of facts and contentions from both parties will be combined into a joint case file at the end of the meeting. The union will then decide whether or not to appeal the case to Step B of the grievance procedure. More on that will come later in this chapter.

The union representative at the Formal Step A meeting should fully discuss the union’s position, the contract violation alleged, the requested remedy, and submit into evidence any supporting documentation or written statements from witnesses or other individuals that support the union’s disputed facts and contentions and remedy requested in the grievance.

The Postal Service is required to state in detail the facts and contract provisions relied upon to support its position. It is also required to submit into evidence any supporting documentation or written statements from witnesses or other individuals that support the Postal Service’s disputed facts and contentions in the grievance.

In non-discharge cases, the parties can mutually agree to jointly interview witnesses at the Formal Step A meeting. In discharge cases, either party can present two witnesses at that meeting; with additional witnesses should the parties mutually agree. As provided in Article 17, Section 4 of the National Agreement, the employer will compensate witnesses for the time required to attend a Formal Step A meeting. The union determines whether the grievant’s presence is necessary at the Formal Step A meeting (see M-00790).

In situations where you are processing a proposed removal action grievance for a preference-eligible employee that is subject to the 30 day notification period described in Article 16.5 of the National Agreement, the grievance is held at the Formal Step A level until the decision letter is issued. You should review the section titled MSPB Appeal Rights on page 75 of this guide for further guidance and information on this very important subject. If you are dealing with a proposed removal, go there now. This is useful information that should be read.

The above explanation of what takes place at the Formal Step A meeting is documented in Article 15.2 Formal Step A (d) of the National Agreement. This language is binding on both parties, union and management, and instructs them what to do. That section of the National Agreement reads:

The parties’ representatives at Formal Step A must have the authority to settle grievances in whole or in part according to the National Agreement. Such settlement shall be in writing or noted on the PS Form 8190 and does not set a precedent unless the parties specifically agree otherwise as stated in Article 15.2 Formal Step A (e):

If you resolve the dispute at the Formal Step A meeting, write the remedy in block 19 on the PS Form 8190 or an attachment. Any attachments should be dated and jointly signed. If you use an attachment, be sure to keep the attachment with the PS Form 8190. Then the Formal Step A representatives should fill out blocks 20, 21a, 21b, 21c, 21d, 22a, 22b, 22c and 22d of the PS Form 8190. Be sure to make clear in the remedy section exactly what is agreed to and, if there is agreement on how to dispose of future similar related problems, be sure this is clearly stated in the remedy agreement. Make sure the Informal Step A parties and the grievant get a copy of the PS Form 8190 showing the resolution to the grievance. PS Form 8190, Joint Step A Grievance Form, will be explained in great detail immediately following this section.

If management or the union needs time to review any settlement offer, this should only be done with a jointly signed written time limit extension for the purposes of extending the Formal Step A meeting. Just remember that time limit extensions should be the exception rather than the rule. Time limit extensions are discussed in greater detail later in this chapter of the NALC Shop Steward’s Guide.

If the grievance is not resolved at the Formal Step A meeting, blocks 14-22 of the PS Form 8190 are to be completed in their entirety by the Formal Step A representatives on the day of the meeting. This includes management’s response to the grievance, unless you mutually agree to extend the time limits of the meeting in writing as outlined in Article 15.2 Formal Step A (f) of the National Agreement:

This is why you should never submit the union’s disputed facts and contentions (block 17) or requested remedy (block 19) to management on the PS Form 8190 or attachments before the Formal Step A meeting. You can, and usually should, have all of this information prepared prior to the meeting but do not fill out PS Form 8190 until you have met with the Formal Step A management representative.

The National Agreement calls for each party to exchange their written positions on the day of the Formal Step A meeting if the grievance is not resolved. This is part of jointly filling out blocks 14-22 on PS Form 8190 on the day of the meeting or at the next meeting if the time limits have been extended. If you follow this sound advice, and anyone tries to tell you there is something wrong with it, just point them to Article 15, Section 2, Formal A (f) in the contract as shown above.

As discussed previously in the Informal Step A chapter of this guide, a document of extreme importance to all grievance files is PS Form 8190. This form consists of three pages and it documents very important information relevant to the grievance file. In the event that a grievance is not settled at any level of the DRP, this form is appealed with the grievance at every step of the process. Every grievance file must contain this form and you must have this form when you meet at the Formal Step A meeting. The Informal Step A union representative should have appealed this form with his or grievance and it should already be a part of the grievance file before you. Blocks 1 through 13b should have already been filled out by the Informal Step A representatives. The most current version of the form should always be used and a fill-in-the-blank version of PS Form 8190 is available for your use on the NALC website. You should reference this document now as you read the following explanations of each portion of PS Form 8190 that you will need to fill out at the Formal Step A level. Keep this in mind as you read the following.

Filling out Blocks 14-22 of the PS Form 8190

The parties must jointly fill out blocks 14 through 22d at the Formal Step A meeting and exchange written positions on the day of the Formal Step A meeting unless the time limits to do so have been mutually extended.

Block 14―Grievance Arbitration Tracking System (GATS) Number: This is the Postal Service’s grievance tracking number. It will be provided by management at the Formal Step A meeting. This is the first thing you should ask for when the meeting starts if you don’t already have a GATS number for the grievance you are meeting on. If management does not provide a GATS number at the Formal Step A meeting, continue to process the grievance without a GATS number, and follow these four simple steps before you send your appeal to Step B:

1. Frame another issue in block 15 on the PS Form 8190 (or attachment) for the Article 15 violation that has just occurred. Here is an example:
   
   Did management violate Article 15 of the National Agreement when they failed to provide a GATS number at the Formal Step A meeting for local grievance # ____________, and if so, what should the remedy be?
2. Make the additional contention that you were not provided a GATS number at the Formal Step A meeting.
3. Request an appropriate remedy.
4. Include any history (previous grievance settlements) on the same issue from your installation.

If management makes a habit of not providing GATS numbers at the Formal Step A meeting and you follow these four steps each time and stay persistent, you will have the best chance of getting management to provide GATS numbers as required by Article 15 of the National Agreement.

Block 15―Issue Statement: This is where the steward normally writes or frames the issue of the grievance.

Sometimes the parties cannot agree on an issue statement. If that happens, complete the issue statement and encourage management to address it in their contentions. As the mover of the file, we are the custodians of the PS Form 8190. If you encounter problems with issue statements, contact your branch officers or branch president for guidance.

Issue statements are stated or “framed” in the form of a question, such as: Did an action by management violate the contract, and if so, what should the remedy be? Was discipline issued for just cause, and if not, what should the remedy be? The issue statement itself should identify the relevant contractual or handbook provisions involved. If it is a disciplinary grievance, always indicate the type of discipline (letter of warning, 7 or 14 day suspension, indefinite suspension, etc.) in the issue statement. Here is an example of an issue statement for a discipline case:

Did management violate Article 16 and Section 115 of the M-39 Handbook via Article 19 of the National Agreement when a letter of warning was issued to the grievant dated 8/08/2013 for unsatisfactory work performance, and if so, what should the remedy be?

You could use this example for almost any discipline case. You just need to change the level of discipline, the date, and the charge.

Here is an example of an issue statement for a contract case:

Did management violate Article 8, Section 5.G when the grievant was required to work overtime on 8/08/2013, and if so, what should the remedy be?

If you have multiple contract violations, it may be appropriate to frame multiple issue statements in the same case. For instance, you may have an overtime grievance in an office where you also have precedent-setting Formal Step A settlements or Step B decisions where management was told repeatedly to stop violating the contract. This leaves you with an issue for the Article 8 violation and an issue for the non-compliance with a previous grievance settlement. In this situation, each issue should have its own issue statement. The thing to remember is if you are going to frame multiple issues, you should have facts, contentions, documentation (proof), and a remedy request for each issue statement you frame.

Note: Blocks 16 – 19―Attachments are usually necessary for blocks 16, 17, 18, and 19 on the PS Form 8190, so avoid attempting to squeeze too much information into any one block. Indicate the number of pages attached in the space provided in block 17 on the PS Form 8190. You should also create a table of contents for these attached pages and all other documents, statements, etc. in the case file. This will make it easy if the case is appealed to Step B for the Dispute Resolution Team to determine if they have all of your documentation.

Block 16―Undisputed Facts: Block 16 is used by the parties to record facts that both parties agree are true and neither party plans to challenge in their respective disputed positions (blocks 17 and 18). For instance, if the parties agree that time limits were met in a case, you may want to write something like:

All time limits have been met at each step of the grievance procedure for this case.

Or:

This grievance is timely at all steps of the grievance procedure.

Normally, the more information that both parties agree is undisputed in a grievance file, the more likely the grievance will be resolved at the Formal Step A meeting. However, you should never agree that something is an undisputed fact if you are not sure about it. Jointly initialing the undisputed facts is not required but can be helpful later in the grievance process if management tries to back out of an undisputed fact.

If you and the management Formal Step A representative do not agree on any undisputed facts in a particular grievance, don’t let that stall the Formal Step A meeting. Be sure all relevant facts are made a part of the union’s full, detailed statement of disputed facts and contentions in block 17.

Block 17―Union’s full, detailed statement of disputed facts and contentions: In block 17 on the PS Form 8190 or in an attachment is where the union should explain our position for the grievance.

You should write down all the facts of the case, restate the contract provisions involved, and explain how the facts of the case constitute the violation of the National Agreement you are claiming in your contentions. Remember that you have to prove what you say in block 17. You can have the greatest set of facts and contentions in the world, but without documentation, you’re chances to be successful in the grievance procedure are very low.

Documenting your case file isn’t as difficult as it may seem. All you have to do is provide information such as a copy of a document, statement, photograph, etc. to prove each fact that is part of your case. Just don’t take anything for granted regardless of how insignificant or obvious you think the fact is. Remember that you must show the claims you make are factual.

It can be helpful to have your typed or written disputed facts and contentions ready to present when the Formal Step A meeting takes place, but never fill out block 17 of PS Form 8190 prior to the meeting. You should also never share this information with the Formal Step A management representative until the meeting takes place. As previously stated, if you do not have written disputed facts and contentions ready prior to the meeting then at least make an outline of the points you want to raise at the Formal Step A meeting. This will make your contentions flow in an orderly manner. As stated above, it is also advisable to make a list or a table of contents of all of your exhibits (supporting documents, statements, etc).

Block 18―Management’s full, detailed statement of disputed facts and contentions: Block 18 on the PS Form 8190 or in an attachment is where management should explain their position for the grievance. Management must provide you with their written position and any supporting documentation on the day of the Formal Step A meeting.

Block 19―Remedy Requested: When considering a remedy request, think about what would have happened if the violation had not occurred. The requested remedy should relate directly to the violation. Here are two examples. For a discipline grievance challenging a removal:

Rescind the notice of removal and remove it from all employee records and files and make the grievant whole for all wages and benefits lost as a result of this action to include interest at the federal judgment rate, or whatever remedy the Step B team or an arbitrator deems appropriate.

For an overtime grievance where the grievant missed an overtime opportunity:

Pay the grievant two hours at the regular/penalty (specify appropriate rate) overtime rate for the hours of the missed overtime opportunity, or whatever remedy the Step B team or an arbitrator deems appropriate.

Sometimes you might want to request a lump sum per letter carrier as opposed to a certain number of hours for convenience. Why? Management can process lump sum payments in GATS in less time than adjusting employee hours for payment. You might also request a lump sum remedy for a violation where there is not a set remedy based on hours worked.

Remember, if you want the remedy reached at Formal Step A to establish precedent to dispose of similar violations in the future, you have to specifically say so in your settlement agreement. For more information on this subject, see the Remedies section of this guide on page 101.

Block 20―Disposition and Date: Block 20 on the PS Form 8190 provides three (3) check boxes: you will only check one of the boxes. Your choices are simple: Resolved, Withdrawn, and Not Resolved. If the union withdraws a grievance, check the appropriate box. If the grievance is “Resolved” check the appropriate box and indicate the agreed upon resolution in block 19 or in an attachment. If the grievance is “Not Resolved” then mark the appropriate box.

The “Date of Formal A Meeting” is also required in block 20. Always make sure the grievance is appealed to Step B within 7 calendar days of whatever date you write in block 20. This will avoid any claim by management that the grievance was appealed to Step B untimely. The only exception is when you have a written time limits extension signed by both parties extending the appeal to Step B. In that case, delay the completion of blocks 20-22 until the Formal Step A meeting is completed.

Blocks 21(a-d) and 22(a-d) ―Representative's Name and Signature: Regardless of the disposition of the grievance, blocks 21(a-d) and 22(a-d) on the PS Form 8190 must be completed by the parties’ representatives at the Formal Step A meeting. Always appeal a grievance within the time limits even if the management Formal Step A representative refuses to sign the PS Form 8190. The refusal of management’s Formal Step A representative to sign block 21 after a meeting is a serious violation. If this happens, carefully document the exact circumstances and send the information along with the appeal to Step B and frame an additional issue in the grievance.

The representatives should also initial each page of the case file and make copies of the file for their records. The union’s Formal Step A representative will take the complete original case file because it is the union’s responsibility to forward it to the Step B Dispute Resolution Team.

For whatever reason, an extension may be needed during the processing or appeal of the grievance at the Formal Step A. A time limit extension is a mutual agreement between the union and management to extend the normal time limitations outlined earlier to process and move grievances through the DRP. Time limit extensions must be jointly agreed to and should be in writing.

Three basic types of time limit extensions would be:

• To extend the time until the Formal Step A meeting is held.
• To extend the continuance of the Formal Step A meeting to a later date.
• To extend the time for the appeal to the next step in the grievance procedure.

Some examples of why a time limit extension may be necessary are that you or the management representative has a leave situation which will not allow you to meet the timelines for meeting or appeal to the next step. You or the management representative may also need some time to consider a settlement offer. Or, something may have arisen during a meeting that requires you or the management representative to further investigate the situation. There are many legitimate reasons that would require the union or management, or both, to need an extension of the time limits.

If you or your management counterpart needs a time limit extension, document the extension in writing and be sure to place a jointly signed copy of the time limit extension in the case file. Just remember to balance being reasonable with following the principle that time limit extensions should be the exception, not the rule. A sample Time Limits Extension Form is provided in the Sample Forms for Stewards chapter starting on page 107 of this guide for use by you and the Formal Step A management representative if you mutually agree to do so.

If you are not contacted about a Formal Step A meeting, it is up to you to appeal the grievance to Step B without a meeting within 7 calendar days from when the Formal Step A meeting should have taken place. This is why knowing when management received the Formal Step A appeal is important. If we document when management received the Formal Step A appeal, we will have evidence of when management received it for time limit purposes. Documenting when management received the Formal Step A appeal can be as simple as including USPS Tracking if the union mails the appeal or if the union hand delivers the appeal, the Formal A management representative can be asked to sign or initial a statement that they received the appeal. In some instances, a simple email to the management representative can confirm their receipt of the appeal. This can also avoid a debate at Step B over whether or not the union appealed the grievance to Step B too early which can lead to the grievance being remanded (sent back to the Formal Step A level). A remanded decision simply puts the grievance back at Formal Step A with the 7 calendar days to meet at that level starting over again, sometimes with specific instructions from Step B on further development of the file.

But wait, there’s more!

If management does not hold a Formal Step A meeting with you, follow these four simple steps before you send your appeal to Step B:

1. Frame another issue in block 15 on the PS Form 8190 (or attachment) for the Article 15 violation that has just occurred. Here’s an example:
   
   Did management violate Article 15 of the National Agreement when they failed to schedule a Formal Step A meeting for local grievance # ____________, and if so, what should the remedy be?
2. Make the additional contention that you were not contacted for a Formal Step A meeting. Include any notes you have on your efforts to meet in good faith with management.
3. Request an appropriate remedy.
4. Include any history (previous grievance settlements) on the same issue from your installation.

If management makes a habit of not meeting with you at Formal Step A and you follow these four steps each time and stay persistent, you will have the best chance of getting management to meet with you at Formal Step A as required by the National Agreement.

After the Formal Step A meeting, you must determine if you will appeal the grievance to the Step B level of the DRP if you were unable to reach a resolution to the grievance you presented. As described earlier, Article 15, Section 2 (f) of the National Agreement gives you the right to appeal the grievance to the next step.

Before you appeal a grievance to Step B, you should re-examine the merits of the grievance. Once again, go back and make sure you can answer “yes” to each of the questions below to make sure your grievance has the best chance of success:

1. Is there a violation of the National Agreement?
2. Did we properly frame the issue?
3. Did we determine all the facts of the case and document each one?
4. Do our contentions clearly explain the documented facts and how the National Agreement was violated?
5. Did we request an appropriate remedy for the contract violation?

If nothing at the Formal Step A meeting surfaced to change your opinion that the grievance has merits, then you should appeal the grievance to the Step B level of the DRP, which we will discuss next. If something did surface to change your opinion of the merits of the grievance, then you should immediately contact your branch president for guidance if you are unsure what to do.

When deciding whether or not to appeal a grievance to Step B, consider the fact that decisions reached at Step B of the DRP are precedent-setting in the installation from which the grievance arose. This provision is one of the reasons why the union should not appeal grievances to Step B that clearly have no merit. When the union appeals a grievance that has no merit to Step B, it risks receiving a precedent-setting decision with language that does more harm than good for the entire installation. So, don’t pass the buck!

The union has the right to submit additions and corrections to the Formal Step A record on the clock. This is another function that is part of processing grievances at Formal Step A of the DRP. The only thing to remember is that management has the right to respond to the union’s additions and corrections by sending additional information to the Step B team. However, the National Agreement allows management to respond only to issues the union raises in their additions and corrections. It’s really important that you understand this concept. It controls the answer to whether or not it is wise to submit additions and corrections in a given case and, if so, what issue should be raised.

If you decide to submit additions and corrections to the Formal Step A record, they must be submitted by the union with the Formal Step A grievance file as the case is appealed to Step B. A copy of the union’s additions and corrections to the Formal Step A record must be sent to the management Formal Step A representative at the same time the case file is sent to Step B.

There is no additional time granted in the grievance procedure to submit additions and corrections to the Formal Step A record. Therefore, this must all be done within the time frame for initiating the Step B appeal, 7 calendar days from the Formal Step A meeting unless the time limits have been mutually extended. The contractual language that governs additions and corrections to the Formal Step A record is shown below.

Article 15, Section 2, Formal Step A (g):

As stated above, management may respond to the union’s additions and corrections. A copy of management’s response must also be sent to the union’s Formal Step A representative at the same time the response is sent to Step B.

There are no provisions in the National Agreement for the union’s Formal Step A representative to answer management’s response. Thus, management now has the final word on whatever issues the union raises in their additions and corrections, but as previously stated, they are limited to only what was addressed. If you discover that management has went further than what was brought forward in additions and corrections, contact the Step B parties and let them know.

The union’s right to file additions and corrections is a valuable tool when used correctly. Use it only when appropriate. So when is it appropriate? Here is some general advice: Start by carefully reading management’s written position in block 18 on the PS Form 8190 (or attachment). If management raises an issue that you didn’t already address in the union’s written position in block 17 on the PS Form 8190 (or attachment), you should address this issue in additions and corrections. A good example would be if management claims the grievance is untimely in their written Formal Step A position and you had not addressed this issue in the union’s written Formal Step A position. This could happen because either this issue didn’t come up until the Formal Step A meeting or it was never even discussed at the Formal Step A meeting.

There are other times when there is no need to file additions and corrections. Once again, be sure to read management’s written Formal Step A position very carefully. Don’t do additions and corrections just to restate an argument you already made in the union’s written position at Formal Step A. Filing additions and corrections when it is not necessary just gives management a second chance to respond to parts of the union’s written position in a grievance.

The time limits for appealing a case to Step B (7 calendar days from the Formal Step A meeting) allow the union’s Formal Step A representative time to consult with other union officials, such as the chief steward, branch officers, or branch president for advice if needed. Just remember that additions and corrections must be submitted along with the appeal to Step B and, as with any step in the grievance procedure, strict time limits apply.

While you are studying management’s written Formal Step A position, you should expect them to be reading the union’s written position and consulting with other managers. If you file additions and corrections, the grievance record is still considered open and management may respond to any issue the union raises in our additions and corrections at any time prior to the Step B decision.

The union’s right to file additions and corrections should be exercised carefully using these general principles:

1. File additions and corrections only if necessary.
2. If you file additions and corrections, keep on point with what was argued by management that you had not previously addressed.
3. Send your additions and corrections to Step B along with the Formal Step A grievance file in a timely manner.
4. Send a copy of your additions and corrections to management’s Formal Step A representative at the same time you send the entire case file to Step B.

The appeal to Step B does not have to be on the day of the Formal Step A meeting. Again, it is important to emphasize that the union is responsible for moving the grievance to the next step of the DRP (Step B) within 7 calendar days of the Formal Step A meeting date recorded in block 20 of PS Form 8190, unless the date to appeal to Step B has been mutually extended.

Once you have determined that you will appeal a grievance to the Step B level of the DRP, you will now need to know how to appeal the grievance and who is responsible for making additions and corrections and appealing the grievance. In some branches it is the responsibility of the Formal Step A representative to actually make the appeal and make additions and corrections to the grievance file, but in other branches, the branch president or another union officer designated by the branch president performs these duties. Other places may actually have the Formal Step A representative forward their grievance to a designated representative in their branch who handles all of the appeals and then forwards the grievance to a different person who appeals the grievance to Step B and makes any necessary additions and corrections. The important thing to realize though is that you must familiarize yourself with the appeal process in your branch so you can make your appeal to Step B in a smooth and timely fashion. If you are not sure of the process in your branch then ask your branch president about the proper appeal procedures. The 7 day time limits for appeal still must be met and you don’t want to waste time by not knowing how the appeal process works. How to appeal the grievance to the Step B level may change from branch to branch, but the contractual rules remain the same. The following are some tips for preparing a grievance to send to Step B. These tips will help lead you through the process:

• The union is entitled to prepare grievances to send to Step B on the clock. This function is part of processing grievances at Formal Step A of the DRP.
• Each case file should be complete, organized, and legible.
• Make sure all attachments, supporting documents, and other papers are arranged in an orderly manner.
• Make sure that photocopied material is legible. Pay particular attention to ensure that highlighted text or color documents are still legible when copied.
• Remember to make sure that any pages with information (or statements written) on both sides (front and back) of a sheet of paper are each copied on separate sheets of paper.
• Use 8-1/2” by 11” sheets of paper for all documents in your case file when possible. If you have documents such as routing slips (buck slips) that are smaller pieces of paper, tape them to a standard size piece of paper so they can be easily copied at the later steps of the grievance procedure if copies of the file are needed.
• Don’t staple documents you send to Step B. Instead, use clips to keep the case file together and in the proper order.
• Make sure all the pages in the grievance file are initialed. As stated before, this should be done jointly at the Formal Step A meeting.
• If you don’t know the address for your Step B team, contact your branch officers, branch president, or national business agent’s office for guidance.
• Always be sure to send grievances to Step B of the DRP with delivery confirmation or another special service or method that documents the appeal date. This way you will be in a position to prove when you mailed each grievance that you appeal to Step B in the event any questions regarding timeliness are raised by the Postal Service. The union has the right to appeal grievances to Step B using “penalty envelopes” with the G-10 endorsement provided by the Postal Service. However, if the union desires to use extra services such as USPS Tracking or Certified Mail then the full cost of the postage and extra services must be paid by the union. Usage of “penalty envelopes” is only an option; it is not required. If you have any questions about the “penalty envelopes” or if management gives you any problems regarding the usage of them, then please refer to question #52 of M-01569 in the Materials Reference System.

The following chapters of this guide will give you an explanation of what happens at Step B of the DRP as well as what happens at arbitration. This will give you a better understanding of the process and it will also enable you to keep the letter carriers in your branch well informed of what to expect next regarding the grievance that you just handled for them.

As a Formal Step A representative in the DRP, your responsibilities in representing the letter carriers of your branch are of the utmost importance. By following the strategies outlined in this NALC Shop Steward’s Guide though, you are certain to have great success. Good luck to you and thank you for all of your efforts!