ELM Revision: Labor Relations
Effective June 26, 2014, the Postal Service™ is revising the Employee and Labor Relations Manual (ELM) subchapter 650 to update:
n Section 651.1, Scope, restructuring the paragraph into a list and stating that Office of Inspector General (OIG) employees are excluded from the ELM 650 Nonbargaining Disciplinary, Grievance, and Appeal process and are covered under the Inspector General Manual, Chapter 109, Employee Relations. Based on the OIG’s exclusions from the ELM 650 process, all verbiage pertaining to OIG employees has been removed from the following sections:
n 652.232 Headquarter (HQ), HQ Field Units, Inspection Service, and OIG Employees;
n 652.3 Appeals of Letters of Warning in Lieu of Time-off Suspension and/or Time-off Suspensions for Office of Inspector General Employees;
n Section 651.4, Emergency Placement in Off-Duty Status, restructuring the first sentence into a list.
n Sections 651.5, Letter of Warning, and 651.66, Retention, adding electronic personnel folder (eOPF) language.
n Section 651.64, Response, adding deciding official identification language to include the name and title of the deciding official.
n Section 651.72, Policy, restructuring the paragraph into a list.
n Sections 651.73, Notice, and 651.75, Decision, to be specific and consistent as to who can make substitutions for a proposing official or deciding official when issuing an adverse action. It now specifies that such a substitution may be made by the vice president of Labor Relations, area vice president, and area manager, Human Resources, or their designee.
n Section 652.252, Step 1 Official Action, restructuring the second sentence into a list.
n Section 652.42 Step A, increasing the supervisor response time limit for Step A from five to 10 days.
Employee and Labor Relations Manual (ELM)
6 Employee Relations
650 Nonbargaining Disciplinary, Grievance, and Appeal Procedures
651 Disciplinary and Emergency Procedures
651.1 Scope
[Revise the text of 651.1 to read as follows:]
Part 651 establishes procedures for:
a. Disciplinary action against nonprobationary employees who are not subject to the provisions of a collective bargaining agreement; and
b. Emergency action for conduct that also normally warrants disciplinary action.
651.4 Emergency Placement in Off-Duty Status
[Revise the 1st sentence of 651.4 to read as follows:]
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.
651.5 Letter of Warning
[Revise the text of 651.5 to read as follows:]
When warranted by the failure of nondisciplinary corrective measures or by the seriousness of the offense, a letter of warning may be issued. Letters of warning are usually issued by the employee’s immediate supervisor. The written warning should contain:
a. Specific reasons for the letter; and
b. A statement of applicable appeal rights.
Letters of warning remain in the employee’s official personnel folder (OPF) and/or electronic official personnel folder (eOPF) for a period of two calendar years unless otherwise resolved or cited in subsequent disciplinary action.
651.6 Letters of Warning in Lieu of Time-Off Suspensions
651.61 Policy
[Revise the text of 651.61 to read as follows:]
Letters of warning in lieu of time-off suspensions replace time-off suspensions for nonbargaining employees, except when required otherwise by statute. This policy does not preclude management from placing a nonbargaining employee in an indefinite nonpay, nonduty status when there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed.
651.64 Response
[Revise the text of 651.64 to read as follows:]
The employee and/or his or her representative may respond to the proposed letter of warning in lieu of time-off suspension in writing and/or in person to the deciding official (management at a higher level of authority than the individual who issued the proposed letter of warning in lieu of time-off suspension) within 10 calendar days of receipt. You must include the name and title of the deciding official in your response.
651.66 Retention
[Revise the text of 651.66 to read as follows:]
Letters of warning in lieu of time–off suspensions remain in the employee’s OPF and/or eOPF for two years unless otherwise resolved or cited in subsequent disciplinary action.
651.7 Adverse Actions
651.72 Policy
[Revise the text of 651.72 to read as follows:]
Adverse action may be taken against an employee:
a. Because lesser measures have not resulted in the correction of deficiencies in behavior or performance;
b. Because of the gravity of the offense; or
c. For nondisciplinary reasons, such as the correction of a position misranking.
651.73 Notice
[Revise the text of 651.73 to read as follows:]
Normally, the employee’s immediate supervisor issues a written notice of proposed adverse action. The Postal Service may substitute as the proposing official another supervisor or manager at the same or higher level as specified herein. Such a substitution may be made by any of the following: the vice president of Labor Relations; area vice president; and area manager, Human Resources. This notice includes:
a. The action proposed, with specific and detailed reasons;
b. The instructions for responding to the 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.
651.75 Decision
[Revise the text of 651.75 to read as follows:]
The deciding official, who must be higher in authority than the proposing official, considers the employee’s response and gives a written decision, including reasons for the decision, as soon as possible after the employee’s time to respond has expired, but no later than 60 calendar days following the receipt of the employee’s response. In field installations, the installation head or designee usually makes the decision. In other offices, the decision is made by a branch manager or above. Normally, the deciding official is the supervisor or manager of the employee’s immediate supervisor. The Postal Service may substitute as the deciding official another supervisor or manager. Such a substitution may be made by any of the following: the vice president of Labor Relations; area vice president; and area manager, Human Resources. If the decision is to effect the adverse action or to modify it to a lesser penalty, the employee’s appeal rights, including Merit Systems Protection Board (MSPB) appeal rights, if applicable, are stated.
652 Appeal Procedures
652.2 Appeals of Adverse Actions
652.21 Coverage
[Revise the text of 652.21 to read as follows:]
Upon receipt of a letter of decision ordering an adverse action, the following employees may appeal:
a. All nonprobationary EAS and PCES Level I employees.
b. EAS and PCES Level I employees who have completed a minimum of 12 months of combined service, without a break of a workday, in positions in the same line of work in the Civil Service and the Postal Service — unless any part of this service followed a temporary appointment in the competitive service with a definite time limitation.
652.23 Appeal to Step 1
[Revise the title and text of 652.232 to read as follows:]
652.232 Headquarters, Headquarters Field Units, and Inspection Service Employees
These employees may submit a written request for a hearing, or waiver of a hearing, to the Step 1 official (vice presidents, chief inspector, or designees) within 15 calendar days of receipt of a letter of decision on an adverse action. A copy is sent by the appellant to the official taking the action, who forwards the file to the Step 1 official.
652.233 Exceptions
[Revise the text of 652.233 to read as follows:]
In cases where a vice president or other officer reporting directly to the Postmaster General (PMG) is the deciding official, the PMG or designee is the sole appellate official. These exceptions apply to both 652.231 and 652.232.
652.25 Post Hearing
652.252 Step 1 Official Action
[Revise the 2nd sentence to read as follows:]
***The Step 1 official will determine if the hearing officer’s proposed decision:
a. Is supported by the facts of the case;
b. Is in accordance with postal regulations or with postal policy; and
c. In Office of Inspector General cases, complies with Office of Inspector General policy.***
[Revise the title and text of 652.3 read as follows:]
652.3 Appeal of Letters of Warning in Lieu of Time-off Suspensions
The employee may appeal the letter of decision in writing within 15 calendar days of receipt. If the employee is assigned to Headquarters or a Headquarters field unit or is in the Inspection Service, or if an area vice president is the deciding official in an action taken, the request is directed to the vice president of Labor Relations at the address shown in the letter of decision. If the employee is assigned to a field installation, the request is directed to the area Human Resources manager at the address shown in the letter of decision. The review of the appeal is based solely on the record, and there is no opportunity for the employee or his or her representative to meet with the reviewing official. The reviewing official issues a written decision, and there is no further right of administrative appeal.
652.4 Other Appealable Actions
652.41 Coverage
[Revise the text of 652.41 to read as follows:]
Employees in EAS-17 and below, regardless of length of service, may appeal letters of warning, emergency placement in a nonduty status, and other matters not covered by 652.2 by using the procedures in 652.42 through 652.44.
PCES Level I, and EAS-18 and above employees have access to these procedures only to appeal discipline in the nature of a letter of warning and emergency placement in a nonduty status.
652.42 Step A
[Revise the text of 652.42 to read as follows:]
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 10 calendar days after receipt of appeal. If this timeframe is impossible because of extenuating circ*mstances, the decision must explain the reason(s) for the delay.
652.43 Step B
[Revise the text of 652.43 to read as follows:]
A field employee or representative may submit a written appeal to the installation head within seven calendar days after receipt of the Step A decision. (If the installation head is the immediate supervisor, appeals are made to the next higher level of management.) A Headquarters, Headquarters field unit, or Inspection Service employee or representative may appeal within the same time limits to the next higher level of management (superior to the supervisor), at minimum, a manager or above. The appeal must include the employee’s name, title, grade, location, nature of appeal, and basis for appeal. Upon receipt of the appeal, the Step B official discusses the appeal with the employee or representative and renders a decision in writing within 10 calendar days after receipt of the appeal. Usually this decision is final.
652.44 Review
[Revise the text of 652.44 to read as follows:]
The employee or representative may request a review of the Step B decision. The request of an employee administratively responsible to the area vice president is directed to the area Human Resources manager. The request of a Headquarters, Headquarters field unit, or Inspection Service employee is sent to the vice president of Labor Relations, or designee, with a copy to the Step B official, who forwards the file to the reviewing official. The request is in writing and gives specific reasons why the employee believes the Step B decision should be reviewed. The request is made within 15 calendar days from receipt of the Step B decision. The reviewing official replies in writing and states the disposition of the employee’s request. This reply is final.
652.5 Alternative Dispute Resolution
652.51 Exceptions
[Revise the text of 652.51 to read as follows:]
Mediation may not be appropriate in cases where the charges involve egregious misconduct, criminal activity, repeated misconduct, inability to perform, and other conduct as determined by the Postal Service. Additionally, mediation may not be appropriate where the appeal concerns issues beyond the control of the Postal Service, such as the denial of Workers’ Compensation benefits, retirement eligibility determinations, and similar matters adjudicated by other agencies. The determination of whether to grant mediation in a particular case is within the discretion of the Postal Service.
652.52 Mediation
[Revise the text of 652.52 to read as follows:]
Mediation programs will be implemented by area offices under guidelines issued by the manager, National EEO Compliance and Appeals Programs.
We will incorporate these revisions into the next online update of the ELM, which is available on the Postal Service PolicyNet website:
n Under “Essential Links” in the left-hand column, click PolicyNet.
n Click Manuals.
The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.
— EEO Compliance and Appeals,
Labor Relations, 6-26-14
