Springfield: Deems Desirable Notices
Hey all, how timely is this one? I saw many carriers were given a notice stating they were on the “Deems Desirable list” before the Columbus Day/Indigenous Peoples’ Day holiday weekend, and that if you called out sick you’d need to bring in medical documentation. We literally just had this resolved at the Step B previously and management already showed its noncompliance with the agreed upon resolution. This will be a quick one, so check it out.
All right, first we can see the date this happened (7/8/24 is the listed incident date, but it is listed in the issue statement as 7/1/24, some discrepancy but nothing major). We see next that the Step B decision date was 9/18/24… Check that decision.
So literally 2.5 weeks ago management at the Step B level agreed that was improper, that local management should not be doing that, and that they should adhere to the proper procedure, sent that decision to local management, and local management said, “Nah, we’re going to do that anyway.” It’s wild how that works. What happens when we choose to disobey our instructions or proper procedure? Yeah… Anyway, let’s dig further.
Here we can see the points of argument that the local Union and management representatives made. The Union has the burden of proof in contract cases, so your representative brought it. What did management say?
They said all carriers notified had attendance issues, but didn’t provide any proof of that.
They said that you using your benefit of sick leave creates a hostile work environment. What?
They said they only put 13% of carriers on Deems Desirable, so it’s not a blanket policy. What they didn’t say is that the 13% was the people with days off around the holiday. Convenient, no? That’s a blanket policy.
Then they said that management can request documentation for anyone who is at risk for not working as scheduled under Article 3 of the National Agreement. What they didn’t say is that their managerial rights are limited to the provisions of the contract.
The Explanation part is worth a read because we get carriers asking us about documentation all the time when management says they need a doctor’s note for being out for a day. That’s inappropriate unless they’ve done the work to put a carrier on Restricted Sick Leave, which is an actual process that management has to do but have told the Union to our faces, “That’s too much work.” Read that Explanation section because it will help you understand your rights in the use of your Sick Leave.
This last page is simple and sweet, dismantling the hearsay of management’s contentions:
“Nothing in the file demonstrates management was attempting to place these employees on restricted sick leave.”
“There is nothing in the file provided to determine if these carriers had attendance issues or not.”
That’s all there is to it. There is no such thing as a “Deems Desirable List,” it’s called Restricted Sick Leave and it’s an actual process that management has to go through to protect the interest of the post office. They used of a blanket policy of “deems desirable” to attempt to circumvent their managerial responsibilities, which are the duties they are paid to do.
If you receive a notice of “deems desirable” around a holiday, request steward time immediately. Plant your feet in the ground, stand up for your rights, and rest on the contract to protect you. Always do it professionally and respectfully.
Take care and be safe out there.