The Morning Confrontation
Below is some advice on how to speak to your supervisor in the morning when you are running late on your assignment, and how a PS Form 3996 should be filled out:
A) Verbally inform your manager when you believe you can’t complete your assignment in eight hours:
Sections 131.41 and 131.42 of Handbook M-41, City Delivery Carriers Duties and Responsibilities require you to verbally inform your manager as follows:
131.41 - It is your responsibility to verbally inform management when you are of the opinion that you will be unable to case all mail distributed to the route, perform other required duties, and leave on schedule or when you will be unable to complete delivery of all mail.
131.42 - Inform management of this well in advance of the scheduled leaving time and not later than immediately following the final receipt of mail. Management will instruct you what to do.
This language requires every letter carrier to tell the manager when you cannot carry all the mail distributed to your case in eight hours or within your normal schedule. Management is required to tell you what it wants you to do. Follow the manager’s instructions. If you still believe you will not be able to finish your route in eight hours, proceed by requesting a PS Form 3996.
B) Request PS Form 3996
Section 122.33 of Handbook M-39, Management of Delivery Services requires the manager to provide you with a 3996 when you request it. That section reads:
122.33 - The employee, upon request, will be provided a Form 3996, Carrier - Auxiliary Control, after the supervisor has been verbally informed as to the reason for the request. The employee shall not be denied the form, and, upon request, a duplicate of the completed form will be provided the employee.
Explain that the instruction you were given by your supervisor does not change the fact that you cannot complete your assignment in eight hours and request a PS Form 3996. No matter what your manager says to you, say the words “I am requesting a 3996” and explain the reasons for your request. If you are denied the form, immediately request to see your shop steward. If your request to see your shop steward is denied, then make sure another carrier hears you say the words.
C. Fill out the form completely
Write down where and at approximately what time you plan to take your lunch. Also make sure you take your lunch when and where you said to the extent you can. This way you can avoid any misunderstandings on where you were and what you were doing later.
In the “reason for the request” box, you must write down why you believe you cannot complete your assignment in eight hours. If your belief is related to your mail volume or type of mail you have, you should write comments such as: “full set of ADVOs,” “half set of marriage mail,” “utility bills,” “full set of coupons,” “circulars in the DPS,” etc. Your reason could also be related to your street duties. Situations that may affect your ability to complete your assignment within eight hours could be: “known road construction,” “weather related issues,” “excessive accountable mail,” etc. Comments such as "heavy volume" or "route overburdened" aren’t enough in this section. You must fully explain your situation.
Often, there are other circumstances present which may add to (or be) the reason why you will need overtime or auxiliary assistance on a given day. Here are some examples: collating mail, 15 certified letters, late leaving, stand-up/safety talks, excessive DPS mail, excessive parcels, not feeling well, unfamiliar with route, weather (describe conditions), the need to deviate for Priority Mail Express, new deliveries (growth), road construction, etc. You get the idea. Always list the circumstances that are present that will prevent you from finishing your assignment in eight hours on PS Form 3996 as explained above.
Statements by your supervisor such as “This is your demonstrated performance” or “You are not making standards” are not legitimate and do not change your situation. Most importantly, don’t let these comments get under your skin and stop you from requesting the assistance you need.
The computer doesn't take any of the other possible circumstances listed above into consideration. If you don't write these things down, then you leave the door open for management to accuse you of working “unauthorized overtime” and possibly issue you discipline over the issue. If you do write these things down, then you give your supervisor an opportunity to make a more informed judgment regarding your request. Any supervisor who is interested in treating you fairly will take these things into consideration prior to making decisions on how much time to approve for you. If your supervisor is not interested in treating you fairly, then you have to look at protecting yourself. Recording the best information, you can on your 3996, will give your shop steward a better chance of successfully defending you should the need arise later.
4. Keep your cool.
Don't lose your cool. This whole process is sometimes very insulting, but you will do nothing to help yourself by getting excited or becoming angry and possibly losing your temper. If your manager denies your request for overtime or assistance, state to him or her that you will do your best. Then politely ask what they want you to do in the event that all the mail isn't delivered by the time they want you back. Typically, their answer will be something like, "I just told you what I want you to do" or "Deliver all the mail and be back in eight hours." Your manager has just put the ball back in your court and placed you in a situation where you can't honor his or her instructions.
5. Don't argue.
There is no advantage to arguing with your manager at this point. It will not help your cause to stand there and argue, because your manager has already made up his/her mind. The only thing you will accomplish by arguing with your manager at this point is to become frustrated and angry. The smartest thing you can do at this point is to just say “OK, I’ll do my best” and ask for a copy of your 3996. Then, finish your office work and go to the street. Do the best that you can. Take your breaks where you are supposed to and take your lunch when and where you listed it on the 3996 you filled out.
6. Don't make any decisions.
This is the point where many letter carriers make a mistake by forgetting how our current system works. Letter carriers get paid to deliver mail and managers get paid to make decisions. You should do everything you can to put the ball back in the manager’s court. Many times, letter carriers make the decision to either bring some mail back or deliver all the mail and get back late. After all, these seem to be the only available options. The trick is to force the manager to make the choice. After all, that’s their job, isn’t it?
The best way to handle this situation is to call your supervisor, per local instructions. If you have no local instructions, try calling at least an hour and a half to two hours before the time you are scheduled (approved on PS Form 3996) to be back. Let your supervisor know where you are and how long you think it will take you to finish. Ask him or her whether they want you to bring the mail back or finish the route. Let him or her make the decision about what they would like you to do with the mail: deliver it or bring it back.
7. Carrying
If you’re instructed to carry part of another route, whether on “projected under time” or for overtime, a PS Form 3996 should be provided to you indicating this additional work. Make sure you fill out the bottom of PS Form 3996 showing both your travel and delivery times for whatever loop you are carrying.
If you don’t believe you can complete the work in the amount of time authorized, explain to the supervisor why this is true. If you can’t get your supervisor to agree with you, then say the words and handle this situation in the same manner as explained above in B.
Many times, letter carriers fail to use these procedures. Then management in an office takes advantage of the situation and keeps pressuring letter carriers to perform more work without challenge. You should take the time to read the entire section of “NALC Letter Carrier Resource Guide” which explains in even greater detail how to handle daily situations such as the ones described in this article. Encourage your coworkers to read this guide as well.
Remember, you have rights. If you need overtime or assistance then request it and don’t let a bully manager take advantage of you.
Be safe and keep smiling.
