Is it Harassment?
As I go to visit my offices every month to speak to carriers, I hear the same complaint, individuals believe they are being harassed when Management observes them. As per the Handbooks and Manuals Management has the right to manage, they also have the right to mismanage as well. That means Management has the right to observe you from a safe distance even with their arms across their chests and stare at you while working. Management also has the right to follow you as well. They have the right to observe you in the office and the street too. It is Management’s responsibility to do these things and let you know if you are not working efficiently, safely and within the guidelines of the Handbooks and Manuals. Management can do these things by reviewing your clock rings and DOIS Reports, they are even using other reports for idle time and how often you back up the vehicle. When Management believes you are doing something incorrectly, they should inform you, this can either be done by giving the carrier a discussion, or in the form of a Pre-Disciplinary Investigation (PDI) if you continue to work outside the parameters of the Handbooks and Manuals. Management can address attendance, lateness, and even your attitude.
The Employee Labor Manual (ELM) Section 673.4 Policy on Workplace Harassment states in part:
“The Policy on Workplace Harassment covers:
a. The Postal Service’s commitment to providing a work environment free of harassment.
b. Management’s responsibility to:
1. Prevent harassment, and
2. Investigate complaints of harassment.”
You may be asking when does the “Supervision” cross the line and become harassment? Management does not have the right to threaten you verbally, make you feel unsafe, mock you or invade your personal space (especially now with COVID-19). They do not have the right to alter your clock rings, deny you pay for actual time working, and unreasonably deny your requests for sick or emergency annual leave requested.
Although not every instance of inappropriate behavior may fit the legal definition of harassment, such behavior in the workplace undermines morale and violates the Postal Service’s standards of conduct. Publication 553 provides information about workplace harassment and inappropriate conduct. This is important because the only way to achieve a workplace free of harassment and inappropriate behavior is to make sure everyone knows what it is, what to do if it happens, and how to prevent it. You, as an employee, must do your part. The Postal Service has put out a pamphlet,
“Employee’s Guide to Understanding, Preventing, and Reporting Harassment” states in part:
“The Postal Service is committed to providing its employees with a safe, productive, and inclusive workplace. To achieve a workplace free of harassment. Although it’s a familiar term, harassment is not always easy to define. What one person might think of as harassing behavior, another may think of as kidding or joking around, or, if the harassment is sexual in nature, as mild, inoffensive flirtation. Harassment can cover a wide variety of behaviors. It may consist of words, actions, or, most often, a combination of the two. To be considered harassment under the law, the behavior must also (1) result in an intimidating, hostile, offensive work environment; (2) unreasonably interfere with an individual’s work performance; or (3) otherwise adversely affect an individual’s employment opportunities. Examples of harassment may include: (1) making offensive or derogatory comments, nicknames, or slurs; (2) engaging in negative stereotyping; or (3) engaging in physically threatening, intimidating, or humiliating actions. Harassment also may include circulating written or graphic material (by paper or email message or by making it viewable in the workplace) that belittles or shows hostility or aversion toward an individual or group. However, the anti-discrimination statutes are not a “general civility code.” Petty slights, simple teasing, annoying behavior, offhand comments, or isolated incidents (unless extremely serious) will not rise to the level of illegality. To be considered harassment under the law, the conduct must be so objectively offensive that it changes the “conditions” of the victim’s employment.” I recommend you read and become familiar with this guide and report improper behavior.
So, what’s the best way to get Management to stop their behavior? I would suggest you write down exactly what had occurred. One way would be to use your cell phone, and, in the Notes, application write down what had taken place. You can go to one of your favorite local stores such as Staples, the dollar store, or anyplace you like to shop and purchase a small memo pad, or a marble-covered notebook to record what occurred. For a harassment grievance, you must prove the ongoing harassment is occurring. These types of potential grievances would be considered a contractual grievance and it is the carrier and Union’s burden to prove what occurred.
Once you believe you have some documentation go to your steward and ask him/ her to investigate a possible grievance concerning Management creating a Hostile Work Environment. This is just the first step and just the beginning of the process. The next step is when your coworkers take a stand and provide statements to support what is going on. This is the biggest challenge I find in offices, so many times other carriers state, “Management will be mad at me if I give a statement.” These types of grievances are only successful when we all stand together. Without the documentation and without any statements the grievance will not be successful. However, when it is done correctly, the Union has been successful in a few cases to hold Management accountable for their actions.
We all have the right to work in a safe environment that is free of harassment. Most of us go to work to pay the bills, save to purchase a home or save for college for our children or go on a nice vacation. The workplace sometimes even offers us a chance to get away from the stresses of the house for a few hours. I always say the Letter Carrier craft is the hardest position in the Postal Service with the daily physical and mental strains we endure every day and now adding COVID-19 on top of that makes for a very stressful situation. We do not need to deal with bullying and harassment from Management. We have the power to stop it, but you need to become involved in the process. I want to wish everyone a Happy Thanksgiving, a Happy Holiday, and a Happy New Year.
