EMERGENCY PLACEMENT 651.4 Emergency Placement in Off–Duty Status An employee may be placed in an off–duty nonpay status immediately but remains on the.

EMERGENCY PLACEMENT

• 651.4 Emergency Placement in Off–Duty Status• An employee may be placed in an off–duty nonpay

status immediately but remains on the rolls when he or she (a) exhibits characteristics of impairment due to alcohol, drugs or other intoxicant, (b) fails to observe safety rules, (c) fails to obey a direct order, (d) provides reason to be deemed potentially injurious to self or others, or (e) disrupts day–to–day postal operations in any other way.

EMERGENCY PLACEMENT

Placement in an off–duty nonpay status is confirmed in writing, stating the reasons and advising the employee that the action is appealable. The employee should be returned to duty after the cause for nonpay status ceases unless individual circumstances warrant otherwise. Use of these emergency procedures does not preclude disciplinary action based on the same conduct.

EMERGENCY PLACEMENT

Procedures for Appeal650 AppealResolution LogWhoFollow up

EMERGENCY PLACEMENT

• EMERGENCY PLACEMENT IN AN OFF-DUTY. NONPAY STATUS

• Emergency placement requires a two pronged attack.

EMERGENCY PLACEMENT• I THE RESOLUTION LOG PROCESS• A Resolution Log has to be initiated by the Chapter

President to the District Manager protesting the policy of the district in placing managers in an off-duty nonpay status when the offense is not covered under the ELM for such placement. This Resolution Log is not an appeal for the postmaster, but rather a protest to the violation of the spirit and intent of the understanding NAPUS has with Postal Headquarters on the matter. (See the letter dated October 2009 from Labor Manager Doug Tulino).

EMERGENCY PLACEMENT• After listening to the District Manager’s lame excuses, the

Chapter President passes the Resolution Log to the NAPUS area vice-president who then meets with the Postal Service Area Manager to protest the District policy of placing managers in an off- duty, nonpay status outside the authorization of the ELM and in violation of the understanding NAPUS has with the Postal Service (See the letter dated October 2009 on the matter). After listening to those lame excuses, the NAPUS vice president forwards the grievance to NAPUS Headquarters for action.

EMERGENCY PLACEMENT

The problem with the Resolution Log is SOMEONE has to take ownership to see that the Log reaches NAPUS Headquarters. That ownership is best served by the Chapter President.

EMERGENCY PLACEMENT

• II THE APPEAL PROCEDURE

• STEP A APPEAL The ELM 652.4 appeal is initiated in writing to the immediate supervisor within 10 calendar days of learning the appeal’s cause. CAUTION: Most POOM’s do not follow the procedures of 652.42, but rather follow 651.73.

EMERGENCY PLACEMENT• 652.42 Step A• An employee or representative states the appeal in

writing to the immediate supervisor within 10 calendar days of learning the appeal’s cause. The employee or representative has the opportunity to discuss the appeal with the supervisor during this period. The supervisor gives a written decision within 5 calendar days after receipt of appeal. If this timeframe is impossible because of extenuating circumstances, the decision must explain the reason(s) for the delay.

EMERGENCY PLACEMENT

• 651.73 Notice• Unless the circumstances of a particular case make it

impractical, the employee’s immediate supervisor issues a written notice of proposed adverse action. This notice includes (a) the action proposed, with specific and detailed reasons; (b) the instructions for responding to the notice;

EMERGENCY PLACEMENT• 651.73 Notice• (c) a statement of the right of the employee or

representative to review all material relied upon in proposing the action and when and where the material is available for review; and (d) the name of the official rendering the decision. The proposal also advises the employee that a reasonable amount of official time is allowed for the preparation and presentation of a reply if the employee is otherwise in a duty status and that the proposed action will be effected no sooner than 30 calendar days after the employee receives the notice.

EMERGENCY PLACEMENT• STEP B Within 7 days of the Step A decision, submit

the appeal in writing to the Step B official (Next Higher level manager)

• The Step A official has 5 days to respond in writing and the Step B official has 10 days to respond in writing. Needless to say, by this time the representative has to be on their toes because the Emergency Placement has become adverse action and the case has to be submitted with the following documentation:

EMERGENCY PLACEMENT

Letter placing the pm on LWOP, pay stubs showing the employee has not been paid, (must cover 15 days) the Subscription to Appeal, any response to the appeal by postal officials

EMERGENCY PLACEMENT The NAPUS Legal Defense attorney has only 30 days

from the day the off-duty nonpay becomes adverse action (ie 15 days) to file to MSBP. Any and all delays by the postal officials affect the 30 day limitation! It is imperative that the state pm rep handling the case begin gathering the documentation to send to the attorney to avoid having the MSPB deny the case for untimeliness.