Trenton Metro Area Local
American Postal Workers Union
The following information was provided by NBA Mike Gallagher to assist locals in documenting Administrative Leave grievances.
Makes a claim for administrative leave because of an "Act of God".
Section 519 of the Employee and Labor Relations Manual authorizes postmasters or installation heads to approve administrative leave when fact circumstances meet the following criteria.
* That an "Act of God" occurred 1 (a storm in this case)
* That the storm effected the general community and not just singular individuals.
* That employees, despite their diligent efforts at reporting for work, were prevented because of the storm conditions 3
For the purposes of documenting grievances if management refuses to grant administrative leave, in order to show that the above referenced three criteria existed, the following information is preferred in a grievance case file.
* To demonstrate that criteria #1, an "Act of God" (storm condition) existed, obtain the following:
** Newspaper accounts
** Television accounts (video tape news broadcasts after the storm)
** Declarations of states of emergency by state, city or local township leaders
** Show any cancellation of postal services, ie. carrier, MVS or highway contract drivers prohibited from delivery by postal management
The following documentation is preferred to show that criteria #2 existed:
**The number of employees who reported for work versus those who did not report for work, written down by tour and/or craft, depending on which percentage is higher and makes a better demonstration for meeting the criteria
** 3971's for employees who called off requesting administrative leave, annual leave or leave without pay because of the weather conditions*
The preferred documentation in order to meet this criteria is:
** A written statement from each employee outlining what efforts they actually made. This should include at a minimum:
** The method of transportation used to get to work
** The routes taken to get to work
** The problems related to the method used and routes taken that prevented the employee from reporting
** In order to support employee's claims that traffic or road conditions were impassable, contact local police for accounts of road conditions. This same information can be obtained from local radio stations who give traffic condition reports. A printout of the roads that are effected on an hour by hour basis are outlined and can be requested.
So, if the Union can show that a storm occurred that was general in nature, and that the storm effected meaningful groups of employees despite their diligent efforts to report to work, then we will be successful in winning administrative leave for the day or days in question.
If any of the above referenced information is not currently contained in your case file or the file that has been appealed to our office, please gather it (if available) and forward it at your earliest opportunity.
*NOTE: Those requesting sick leave or on sick leave are not entitled to administrative leave.