Grievances where a violation of the National Agreement is said to be continuing in nature are an exception to the 14 calendar day time limit. This type of grievance is referred to as a “continuing violation.” This concept is best explained as a single contract violation that occurs each day. Each and every day that the violation continues going forward is an uninterrupted string of violations.

Remedies for continuing violation grievances will depend on several factors to determine how much remedy is appropriate. For instance, if a letter carrier finds out that they were paid improperly for a year; the Postal Service would need to make him or her whole for that entire year in a remedy. This is due to the fact that they just realized there was an issue with improper payment and therefore the proper remedy would be one that that makes that letter carrier whole for the entire period that they were paid improperly.

A different example would be a letter carrier injured on the job who could work with restrictions. Management refused to find work for that letter carrier for nine months and then you file a grievance. You or that letter carrier should have known of a possible violation of the National Agreement nine months earlier but waited to file a grievance, therefore affecting the remedy you would have otherwise been entitled to had the grievance been filed at that time. In other words, any grievance citing a violation in this instance should have been filed at the time the letter carrier was initially refused the work by management in order to achieve the best results. By waiting nine months to file the grievance, it may make it difficult for the union to make a continuing violation argument and therefore affecting the remedy of making the letter carrier whole for the entire nine month period.

Management may make the claim that the action of refusing the work happened nine months earlier and therefore happened outside of the 14 day time limit period in which the union must file the grievance.

Warning: Discipline cases are not continuing violation cases. Discipline cases should have a specific incident date in Block 10 of the PS Form 8190, which will be discussed later in this chapter. The incident date is the day the discipline is received by the grievant. Remember, all discipline cases fall under the provisions of Article 16 of the National Agreement, which was discussed in the previous chapter. You should seek guidance from your branch officers or

The idea of the DRP is to settle any disputes at the lowest step possible of the procedure. To have the best chance of achieving this goal, you should always have all the relevant information. Any factual claims you make in a grievance should be supported by documentation and statements from the grieving letter carrier, witnesses, and even yourself. The steps to completing a proper investigation are as follows:

• Begin by notifying the immediate supervisor that a dispute has arisen, as well as the nature of the dispute.
• Conduct a thorough investigation as far in advance of the Informal Step A meeting as possible under the circumstances. Remember that Articles 17 and 31 of the National Agreement and federal law require management to make available to the union all relevant information necessary for collective bargaining or the enforcement, administration, or interpretation of the National Agreement. Gathering this information as soon as possible will assist you in the development of the grievance. If you need further clarification, revisit the Stewards' Rights section on page 17 of this guide.
• Request the time you need to investigate the dispute. You must request any needed information and time on the clock to interview witnesses or collect statements. Although it is not contractually required, it is strongly suggested that such requests be in writing so that there can be no dispute as to what information was requested and when it was requested. There will be instances when you request the time you need to investigate a dispute and management will not always be able to immediately offer you the necessary time you have requested. If this happens, then ask when they will be able to give you the time. Inform them that you only have 14 days to file any grievance that may result from your investigation. If management states that they will not be able to give you time on the day of the request, then ask them to schedule appropriately to give you the requested time on the next day. In the event that you have been given the requested time, but then realize you still need more time to complete your investigation and processing of a grievance, you must immediately request additional time to complete your work and still meet the 14 day time limits. Make sure that all of your requests are documented in writing. If no time is given to you at all, then immediately inform your union officers or branch president about the situation. If they are unable to correct the situation with management, then you must still investigate and file the grievance but also file a separate grievance for the denial of time. In addition to the important time requests, be sure to read the Information Requests section on page 82 for a detailed explanation on requesting information and interviews. Additionally, the sample forms Request for Information and Request for Information ― Discipline can be found in the Sample Forms for Stewards chapter starting on page 107. Written information and time requests will become important evidence if management does not provide you with everything you have requested.
• Submit the information and interview request to your immediate supervisor or the one designated by management for union requests. Be careful not to let management play games with who you must deal with when submitting requests. Generally any member of management can fulfill a request, but always document which member of management the request is given to. Ask him or her to sign and date the information and interview request as received. If management refuses to sign and date any requests, document the refusal on the form with your initials and date. If anyone witnessed management’s refusal you should also have them initial and date the form. After you document the refusal on the written request, provide a copy to management and keep a copy for yourself.
• Keep a copy of the information and interview request that was signed and dated as received by the appropriate supervisor with your grievance file. It is important to keep a copy of all requests in case they are needed to verify when time requests were made and what information was requested during the later steps of the grievance procedure.
• Make sure any statements you gather 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 gather a statement, you should also include the printed name (no nicknames), title, and contact information for the person writing the statement. See the section on Tips for Writing Statements on page 98 of this guide for more information.
• If management fails to provide requested information, do not delay meeting with management and, if necessary, appealing the grievance to Formal Step A in a timely manner. This will be discussed later in this chapter. You should document the requests and refusals by management to provide the information and include them in your grievance as an additional issue. If the grievance is being appealed, it is important to let the union representative at Formal Step A know what information was not provided and when it was requested.
• Discrimination and safety grievances may (but do not have to) be filed directly at Formal Step A. These cases can present complex procedural issues, so seek advice and carefully review the explanation of each section now in the Special Topics chapter. (Safety and Health on page 70 if you are processing an Article 14 grievance and Discrimination on page 74 if you are processing an Article 2 grievance).
• The Veterans’ Preference Act guarantees “preference eligible” employees certain special rights concerning their job security. It is important that you are aware of their rights so you can properly represent them and successfully process any grievances filed on their behalf. As a steward, you should seek advice and carefully review the explanation of MSPB Appeal Rights on page 75 when handling these issues.

As you collect all the necessary facts, organize and review them. This will make it much easier to decide whether the problem you are investigating is a grievance.

• Listen. Pay attention to the problem presented and do not make snap judgments. Remember, your job is to represent the letter carrier involved, so keep an open mind on whether the collective bargaining agreement was violated.
• Base your decision on the facts. You can best decide whether or not a problem is a grievance after investigating and weighing the evidence. So, if after talking to the letter carrier you are not sure whether or not a grievance exists, let them know that and continue to look into the matter. Be sure to get back to the letter carrier once you have made a final determination.
• Go the extra mile. Just how much investigation is “enough” will vary from case to case. As a general rule, the steward 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 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 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.

Once you have received your time and necessary information, and you have determined that the issue has created a grievance, it is now time to schedule the Informal Step A meeting with management and present your findings to them. Here are some tips to get you ready for your meeting:

• Remember to keep track of your dates to be sure you comply with time limits.
• Request the time necessary to prepare for the Informal Step A meeting.
• Arrange a time for the Informal Step A meeting that is convenient for you and the management representative. Remind him or her of when the incident occurred and when the 14 day deadline for filing your grievance ends. When you initiate the grievance meeting with the management representative, make it clear that you consider it to be an Informal Step A meeting of the grievance procedure, rather than just an informal chat. For example, saying something like “I am filing an official grievance with you about. . .” would make it clear.
• Confirm with management which pending cases you are going to discuss and be prepared for all of them.
• Organize the case file or files into a logical order.
• Review each file for completeness and do any additional investigation or research that you need to do prior to meeting with management if possible.
• Once again, make sure any statements you plan to submit are legible, signed, dated, and of sufficient detail to be relevant and helpful to your case. Don’t submit statements that are not relevant to the union’s case. When you submit a statement, remember to include the printed name (no nicknames), title, and contact information for the person who wrote the statement. If you haven’t already done so, see the section on Tips for Writing Statements on page 98 of this guide now for more information.
• Write or frame a suggested issue statement on a separate sheet of paper. By writing the suggested issue statement on a separate sheet of paper, this will give you the opportunity to collect your thoughts about the issue and properly present the issue to the management representative that you will be meeting with. Furthermore, this written issue statement can be given to the Formal Step A union representative in the event that you are unable to resolve the grievance at the Informal Step A level. The issue statement 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. Issue statements are “stated” or “framed” in the form of a question.

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. The rest of the words would serve you well.

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

Did management violate Article 8, Section 5.G of the National Agreement 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.
• Be sure to make an outline of the points you want to bring up at the meeting for each grievance you plan to discuss.
• Decide what elements of a remedy you will seek.
• Prepare each grievance at every step of the DRP as described in this NALC Shop Steward’s Guide.

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 in writing any additional information or interviews needed. Any such requests should be submitted as far in advance of the Informal Step A meeting as possible.

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 Informal Step A meeting. You should always use the most current version of the form 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. You should have blocks 1-10 and blocks 12a and 12b of the PS Form 8190 filled in before the meeting. Blocks 11, 13a and 13b will be filled out at the meeting.

• Block 1―Grievant’s Name: Insert the individual letter carrier’s name or, where there are two or more letter carriers that will be part of the remedy request, such as a grievance involving mandating non-overtime desired letter carriers when auxiliary assistance was available to carry the overtime, write “Class Action” in this block. A class action grievance could involve the entire office or a special group of two or more letter carriers who all have the same grievance. However, you should not file a class action grievance in discipline cases. When it comes to discipline cases, you should always file them as individual grievances even if you have multiple letter carriers disciplined for the same alleged infraction at the same time.
• Block 2―Grievant's Telephone Number (include Area Code): Cell phone numbers are preferable when available as most letter carriers are more accessible on their cell phones than any other number. This is extremely important as the file moves through the grievancearbitration procedure; other union representatives may have questions for the grievant that a telephone conversation might answer.
• Block 3―Seniority Date: Indicate the grievant’s seniority date within the carrier craft. (Not used for class actions.) The seniority date plays an important role in most grievances. This is particularly true in discipline cases. It is said that tenure creates a “bank of good will.” The more tenure a letter carrier has, the more weight his or her years of service will be given when discipline cases are decided. If a letter carrier has more total years of service than indicated in his or her craft seniority in the installation, make sure to write that in your facts and contentions/notes. This happens anytime a letter carrier transfers crafts or installations.
• Block 4―Status: Check the appropriate block: FT, FTF, PTR, PTF, or CCA
• Block 5―Grievant’s Employee Identification Number (EIN): Do not use Social Security numbers.
• Block 6―District, Installation, Work Unit, Zip Code: Indicate the postal district, city, station name, and ZIP code in which the grievant works.
• Block 7―Finance Number: Indicate the finance number for tracking and accounting purposes.
• Block 8―NALC Branch Number.
• Block 9―NALC Grievance Number: Different branches use different methods for assigning local grievance numbers. Consult with your branch president or Formal Step A representative to find out how your branch assigns local grievance numbers.
• Block 10―Incident Date: The incident date is key to the timeliness of a grievance. Normally, it is not the date the grievance is filed.

In contract cases, the incident date is the day you should have known the violation has occurred. When grieving a continuing violation, write “ongoing” in block 10

In discipline cases, the incident date is always the date the discipline was received by the letter carrier. Don’t get confused by the date on a discipline notice or the date the alleged infraction occurred. Just pay attention to the date the discipline was received by the letter carrier and enter this date in block 10.

An exception to this rule is an Article 16.7 Emergency Procedure when a letter carrier is immediately placed off the clock by management for reasons outlined in the National Agreement. The incident date in this situation should be the day the letter carrier is put off the clock.

• Block 11―Date Discussed with Supervisor (Filing Date): This is the Informal Step A meeting date. Again, this date is very important in preserving the time limits of a grievance. This date should not be more than 14 calendar days from the date in block 10 unless you have a written time limit extension signed by both parties or the grievance is for an ongoing violation.
• Block 12 a & b―Companion MSPB or EEO Appeals: Answer yes or no if you know the answer. Leave these questions blank if you do not know the answer.
• Block 13 a―Supervisor’s Printed Name, Initials, and Telephone No: (completed by supervisor). This block must be completed by the supervisor at the request of the union. Stewards should always ensure that this block is completed by the supervisor. If the supervisor refuses to complete this information after the Informal Step A meeting, appeal the grievance within 7 calendar days after the Informal Step A meeting to the Formal Step A level. The refusal of a supervisor to sign block 13a after a meeting is a serious violation. If this happens, write “refused to sign” and your initials in block 13a. Then carefully document the exact circumstances and send the information along with the appeal to Formal Step A.
• Block 13 b―Steward’s Printed Name, Initials, and Telephone No: (completed by steward). The steward should fill out this block to preserve the record of a grievance. Cell phone numbers are preferable if available as most stewards are more accessible on their cell phones than any other number.

At the Informal Step A level of the DRP, you will not fill out any portion of PS Form 8190 past block 13b. This is a common mistake made by stewards. The rest of the form is reserved for the Formal Step A representatives. One exception to this rule is if you and the management representative whom you meet with at the Informal Step A meeting are able to reach an agreement. It is common practice at that point for the Informal Step A representatives to memorialize their settlement on the first page of PS Form 8190 with signatures. This also commonly takes place though on a separate sheet of paper. If you ever have questions about how to fill out this document, the second page of PS Form 8190 contains instructions detailing the proper procedures.

Stewards at the Informal Step A often mistakenly use block 15 of PS Form 8190 to frame their issue statement. Remember this block is reserved for the Formal Step A representatives. As stated earlier, write or frame a suggested issue statement on a separate sheet of paper. This will give you a chance to focus on the reason for the grievance and if the grievance is not resolved you can provide it to the Formal Step A representative with the rest of the grievance file.

Now that you have prepared the documents and you have scheduled the time necessary for the Informal Step A meeting, it is important to know before the meeting how you and the management representative should interact while you are at the meeting. The following tips and advice should be followed to ensure that your meeting gives you the result that you are seeking. After all, the DRP is designed with the goal to settle disputes at the lowest step possible and therefore this first meeting of the process is extremely important. How you interact with the management representative at this meeting will directly affect your ability to achieve this goal.

• Bargain as an equal: During grievance discussions you and management’s representative are on equal ground. You are empowered by law and the National Agreement with the same right to bargain over grievances as management. Never let a management representative intimidate you during bargaining, even if he or she is your boss at other times. You have an equal right to present your side of each grievance.
• Listen: Listen very carefully to what the management representative is saying. Good negotiating is an art, and listening is a key to success. Fully consider management’s position.
• Review all information: Jointly review all the information each party gathered.
• Review the JCAM: Jointly review JCAM language relevant to the dispute you are attempting to resolve.
• Keep your cool: Thorough preparation will help you feel cool, calm, and confident each time you have grievance discussions with management. It is important to remain that way during any grievance meeting. Treat the management representative with respect, as you expect to be treated in return. Some management representatives will try to provoke you into losing your temper. Don’t fall into this trap. Angry exchanges can ruin the chances for resolving the grievance under discussion. They can also damage the union-management relationship over the long run. Remember, in most cases this will not be the only time you will need to meet with this management representative. Maintaining your integrity is imperative. Keep it about business; don’t get personal. Just keep your eye on the ball ―achieving the resolution you seek for the grievance under discussion ― and you’ll be fine.
• Keep your goals in mind: As you negotiate, glance at your notes from time to time to make sure you cover everything you planned to say. The clearer your objectives, the more likely you are to attain them. Some management representatives may try to draw you off the point by discussing a side issue or going off on a tangent. When this happens, give the management representative a chance to finish talking. This may reduce any tension and create the groundwork for a constructive working relationship. Once they have finished, politely return your discussion to the main issue.
• Making grievance settlement offers: Negotiating may involve a give-and-take process, but each grievance is resolved on its own merits. When resolving grievances you may not always be able to achieve everything you want. In such cases, seek the most appropriate remedy you can achieve that is grounded firmly in the contract. Make settlement offers cautiously and at the proper time. The settlement offers you make are not official unless final settlement is reached. If you cannot resolve the grievance, any possible resolutions discussed at any step of the grievance process are null and void. If you appeal the grievance to the next level, bargaining begins again from the union’s original position.
• Prepare the grievant: If a grievant is going to attend a grievance meeting, he or she should be fully prepared. Take the time to determine if the grievant would be helpful in the meeting. Grievants are usually emotionally involved which can make having them present at the grievance meeting counter-productive to your effort to resolve the grievance. An angry grievant can reduce settlement chances. In some cases, your best course may be to avoid having the grievant attend the grievance meeting. To help avoid problems, be sure to fully brief the grievant on the case and the procedure. Discuss and explain the remedy you will seek and the outcome that can realistically be expected prior to the grievance meeting.

Now that you are thoroughly prepared and you understand what is expected, it is time for the Informal Step A meeting. The Informal Step A meeting is the basic foundation of the entire grievance-arbitration procedure. Proper grievance handling at this step in the process builds a strong, healthy grievance system. Ideally, most grievances should be settled at this early stage. The Informal Step A meeting is so important that extensive suggestions and guidance on handling it are provided below.

• Authority: Come to the meeting with full authority to resolve the grievance. As a properly certified union steward you have the authority to act on behalf of the union and our members.
• Bring the USPS/NALC Joint Step A Grievance Form (PS Form 8190) to the Formal Step A meeting: Blocks 1-10 and blocks 12 a and 12 b should filled out, along with all of the information and statements you have collected.
• Present the grievance: Begin by stating to your management counterpart what you believe the issue is in the case. Then explain the facts of the grievance and show your counterpart the documentation you have to prove them. Next, explain how the contract was violated. Last, but certainly not least, tell your counterpart what you believe are the elements of an appropriate remedy. Explain why you believe each element of the remedy you are requesting is appropriate and how the remedy you’ve requested will make the grievant “whole.” See the Remedies section on page 101 of this guide for a detailed explanation.
• Listen to what management has to say: Listen fully to management’s position for each grievance and be sure to take notes of everything that was discussed. If management has evidence that supports there is not a violation as alleged, then consider that evidence to determine how you should proceed with the grievance.
• Settlement offers: At the Informal Step A meeting, you or the management representative may make an offer to settle the grievance you are discussing. The offer may be to settle the grievance exactly how you have structured the remedy. In other instances though, the offer may be to “meet in the middle.” For example, you file a grievance because a letter carrier received a letter of warning for failing to deliver a USPS Priority Express Mail piece by the time noted on the package. A settlement offer by management may be to reduce the length of time that the disciplinary action is active. The offer may be to reduce the time from two years to three months, or maybe even reduce the action to time already served. This may be a legitimate offer to settle the grievance. You must decide if the settlement offer fits the situation that you are meeting about. At that time, you may want to consider the offer and accept it or you may want to consider the offer and decline it. Settlement offers are very common at every step of the DRP. Your role as a steward though is to weigh the facts of the case while considering the offer and determine whether to accept the offer or proceed with the original remedy that you requested.

If either party needs more time to discuss a settlement offer or if you need a day or two to consult and consider a settlement offer, request a time limit extension for a few days. Keep in mind that time limit extensions should always be in writing and signed by both parties. This is an area where you have to use some judgment while keeping in mind the general principle that time limit extensions should be the exception rather than the rule. Remember, unless you have a time limit extension, the 7 calendar day time limit for appealing your case to Formal Step A has started once you end your Informal Step A meeting. Time limit extensions are discussed further below.

• Resolutions: If the grievance is resolved at the Informal Step A meeting, the resolution should always be in writing, dated, and signed by both parties. Remember, at this point the parties may use the PS Form 8190 to memorialize the resolution. Alternatively, the parties may record their resolution on a separate sheet of paper. In either instance, the resolution must be signed by both parties. By mutual consent, the parties can also agree to use the sample Informal Step A Resolution Form found in the Sample Forms for Stewards chapter starting on page 107 of this guide. Whatever means is used, be sure to fully explain what the dispute is about and how the dispute is being resolved in sufficient detail so that anyone can fully understand the settlement agreement. Copies of all resolutions should be kept and filed in a central location for use by you or future stewards or branch officers. Most NALC branches have a filing system in place to track and store grievances. If your branch does not have such a system, you will definitely want to create a system of your own. You never know when you may want to refer to a particular grievance or when you may want to use a specific grievance to support a future grievance of similar nature.

The supervisor should give you a decision on the grievance during the meeting. However, if no resolution is reached or if a decision is not rendered by the supervisor, the appeal time limits to request the Formal Step A meeting (7 calendar days) have started the day of the Informal Step A meeting, unless the parties agree to a mutual extension of the time limits.

Regardless of the outcome at the Informal Step A meeting, thank the supervisor for their time, ask them to fill out their portion of PS Form 8190, and politely conclude the meeting.

Note: Always inform the grievant of the results of the Informal Step A meeting if he or she did not attend. If he or she did attend, and the grievance was not resolved, explain the next step in the process.

Page 15-2 of the 2014 JCAM—covering Article 15, Section 2 Informal Step A—explains a letter carrier’s right to represent themselves at the Informal Step A of the DRP as follows:

Letter carriers may present their own grievances at Informal Step A without the presence of the union. However, the union must be allowed to be present when any portion of the discussion between an individual letter carrier representing themselves and management involves resolving the grievance at Informal Step A. This basically means if management and the grievant have a meeting where any possible resolution could be discussed, the union is entitled to be at that meeting.

An individual letter carrier cannot represent themselves after Informal Step A. This means that any grievance becomes the union’s grievance after Informal Step A. Therefore, a letter carrier who chooses to represent themselves cannot appeal a grievance that isn’t resolved at Informal Step A to Formal Step A. Only the union can appeal to and present grievances at Formal Step A and each step thereafter of the DRP.

For whatever reason, an extension may be needed during the processing or appeal of the grievance at the Informal 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:

1. To extend the time until the Informal Step A meeting is held.
2. To extend the continuance of the Informal Step A meeting to a later date.
3. 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.

If management refuses or fails to have an Informal Step A meeting with you, follow these three simple steps before you send your appeal to Formal Step A:

1. Write another suggested issue statement for the Article 15 violation that has just occurred. When management fails to meet on a grievance, Article 15 of the National Agreement has been violated. Make that argument in your case and have an issue statement and evidence to support it.
2. Write a statement explaining that management refused or failed to meet with you at Informal Step A and include any details about your efforts to meet in good faith with management.
3. Suggest an appropriate remedy for the Formal Step A representative to request. For example, management will cease and desist from failing to meet at Informal Step A of the Dispute Resolution Process. If management makes a habit of not meeting with you at Informal Step A, then you should request additional remedies to encourage compliance.

If you follow these three steps each time and stay persistent, you will have the best chance of getting management to meet with you at Informal Step A as required by the National Agreement.

The failure to meet can also be addressed in another separate grievance. If you are unsure about which way is better, call one of your branch officers or the branch president for further guidance. Just remember that if a failure to meet at any level of the grievance process occurs, it only makes sense to document it in the current file for other representatives to see as the case goes forward.

If management refuses or fails to meet with you at the Informal Step A in a timely manner, it is up to you to appeal the grievance to Formal Step A without a meeting within 7 calendar days from when the Informal Step A meeting should have taken place. Remember, you are the moving party. You should always appeal the case to the Formal Step A as soon as possible after the Informal Step A meeting should have taken place.

The PS Form 8190 should be filled out through block 13b with blocks 11 and 13a notating management failed to meet with you. Remember to write a statement regarding your efforts to hold the meeting and include any documentation you have to back it up in the grievance file. Be sure to notify the union representative at the Formal Step A level of the circumstances and remind him or her to include management’s failure to meet as an additional issue in the case.

After the Informal Step A meeting, you must determine if you will appeal the grievance to the Formal Step A level of the DRP if you were unable to reach a resolution to the grievance you presented. Article 15, Section 2 Informal Step A (c) of the National Agreement gives you the right to appeal the grievance to the next step. That language from the National Agreement reads as such:

In making your decision whether or not to appeal a grievance to Formal Step A, you should re-examine the merits of the grievance. Again, go back to the five questions and make sure you can answer “yes” to each one:

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 Informal Step A meeting surfaced to change your opinion that the grievance has merits, then you should appeal the grievance to the Formal Step A 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 tell the NALC Formal Step A representative or contact your branch president for guidance if you are unsure what to do.

Once you have determined that you will appeal a grievance to the Formal Step A level of the DRP, you will now need to know how to appeal the grievance. Grievances at the Formal Step A level are handled by the branch president or their designee. In some instances, the Informal Step A representative is also the Formal Step A representative. Make sure you know who handles your grievances at Formal Step A and develop a good working relationship with them. If you are the Formal Step A designee for your office, ask the branch president if you have any questions about your responsibilities.

Now that you know who the Formal Step A representative is you must also know how you appeal your grievance to them. In some branches it is the responsibility of the Informal Step A representative to actually make the appeal, but in other branches the Formal Step A representative is the individual who informs management that they are appealing the grievance to the next step. Other places may actually have the Informal 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 meets with management at the Formal Step A. 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 Formal Step A 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.

If you choose to mail your appeal to the Formal Step A management representative you have the right to use “penalty envelopes” with the G-10 endorsement provided by the Postal Service. However, if you desire 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 usage of “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 for further guidance.

The procedure for appealing the grievance to the Formal Step A level may change from branch to branch, but the contractual rules remain the same. Page 15-3 of the 2014 JCAM states in pertinent part:

The following guidelines will lead you through this process:

• Contact the NALC Formal Step A representative after the Informal Step A meeting while still on union time and inform him or her that you have reached an impasse on a grievance.
• As discussed above, follow your branch's normal internal procedures when appealing grievances to the Formal Step A level of the DRP.
• The union must file a written appeal to Formal Step A using PS Form 8190 within 7 calendar days after the Informal Step A meeting (unless time limits are mutually extended). Be careful not to steal time from the union’s Formal Step A representative by delaying the forwarding of the case file. He or she will need as much time as possible to prepare for the Formal Step A meeting.
• If it is your responsibility to appeal grievances to the Formal Step A level of the dispute resolution process, send a copy of the PS Form 8190 with blocks 1 – 13b filled out to the installation head or designee along with copies of all supporting documentation shared and discussed at the Informal Step A meeting. Immediately forward the original PS Form 8190 and all of the information you have gathered pertaining to the grievance to the union Formal Step A representative.
• If management failed to meet with you at the Informal Step A level, then you still must appeal your grievance to the Formal Step A level in a timely manner (within 7 calendar days of when the Informal Step A meeting should have taken place). Since the JCAM requires that your grievance appeal to Formal Step A should include relevant documents that were shared and discussed at the Informal Step A meeting, you will only be able to appeal PS Form 8190 to the installation head or designee. Since management failed to meet with you, no documents could have been shared and discussed. However, you should still send everything you have to support your grievance to the union Formal Step A representative for their consideration and support of the grievance as they move forward.
• If it is not your role to appeal grievances to the Formal Step A level of the Dispute Resolution Process, be sure to immediately forward the original PS Form 8190 and all of the information you have gathered pertaining to the grievance to the person who is responsible for making the appeal and keep a copy of the case file for your records. Keeping copies for your records is very important in case something happens to the original case file that you just appealed. A copy of the case file will be important to you for reference in the event that the parties at the following levels of the DRP need to contact you for any clarification about your grievance. You could even be called to testify at hearing if your grievance makes it all the way to arbitration.

Note: Check with branch officials if you have any questions about the appeal process.

It is absolutely essential that all grievance files appealed to the next step of the DRP be clearly written, well-organized, and kept in the proper order. The grievance system cannot operate without paperwork, and you as the steward are responsible for originating and assembling grievance records.

Evidence is important! Documentary evidence contained in the grievance file usually determines the outcome of a grievance. Documentary evidence includes forms, documents, records, photographs, written statements, interviews, or other tangible items that prove the facts of the case.

Make the grievance packet easy to go through and understand. Making the file clear and straightforward will benefit both parties when they attempt to resolve the grievance at every level. Put your grievance documents in a logical order using the following order as an example:

• 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.

Each party should retain a copy of the entire file, including all of the above, for their records. These files may be needed for future reference should the case be remanded by the Step B Team or impassed to arbitration.

Remember, all grievance forms must be filled out clearly and legibly. Also, each case file must be complete, organized, and legible. All necessary attachments, supporting documents, and other papers should be orderly arranged. Make sure that photocopied material is legible. Pay particular attention that highlighted text or color documents are still legible when copied. Remember to make sure that any pages or statements written on front and back are copied on both sides. It is also helpful if you use 8-1/2” by 11” sheets of paper for all documents in your case file whenever possible. The grievance file should be copied and properly stored, following the storing and filing procedure in your branch, to maintain a record of the file and to prevent it from being lost or damaged. The original file should be sent to the appropriate union officer who handles the Formal Step A appeal.

These measures are all part of building a strong foundation for each grievance you handle. When other union officers receive a case file, they should be able to read, comprehend, and process the grievance without any further explanation. Too often, union representatives at Formal Step A and higher end up with a weaker grievance because the case file is incomplete or illegible. It is up to the steward to make sure this does not happen. Avoiding this kind of problem isn’t difficult. Just follow the advice contained in this guide and you’ll be fine. If you do that, then we will have our best chance for success in the grievance procedure.

Remember, after you forward your grievance to the proper union official for handling at the Formal Step A, you should always go back to the grievant and inform him or her about where their grievance is in the DRP. Let them know what will happen next and what may happen in the future if it can’t be settled at the next step.

NALC stewards have access to a variety of resources to develop their understanding of the National Agreement and grievance procedure:

• Attending branch meetings and steward training.
• Networking with other stewards.
• Attending regional training conducted by your national business agent’s office.
• Going to NALC’s website, www.nalc.org to look around! The resources page on the website has the National Agreement, Joint Contract Administration Manual, the Materials Reference System, USPS handbooks and manuals, and other resources in PDF format that can assist a steward with almost any grievance issue.
• Consulting your branch officials or other stewards if you don’t understand any part of the grievance procedure. Don’t wait; ask questions early and often.

The following chapters of this guide will give you an explanation of what happens at Formal Step A and Step B, 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.