Acts of God/State of Emergency

So, what should happen in a situation like this—when there’s a declared state of emergency, road closures, unsafe conditions on the road, no power, heat, fuel, or mail? That’s where our contract and postal manuals come into play. Arbitrators often define an “Act of God” as a natural occurrence of extraordinary and unprecedented impact; one that could not have been anticipated or avoided with ordinary foresight. Postmasters can approve administrative leave for up to one day for an Act of God; District Managers must approve when it is more than one day. However, decisions to deny Administrative Leave can be challenged through the grievance/arbitration process. NRLCA/USPS Contract-Article 30, Section 1.H. Acts of God, “When Acts of God prevent an employee from performing his/her duty, the employer may authorize Administrative Leave. Equipment Maintenance Allowance will be paid for each service day that a rural carrier reports to the office and is scheduled to perform delivery. If the carrier fails to serve all or any portion or the route due to lack of proper endeavor or any failure for which the carrier is responsible, appropriate deductions from salary and Equipment Maintenance Allowance will be made based upon miles omitted.” PO 603 Section 142 reaffirms: when Acts of God prevent service, postmasters may authorize administrative leave and EMA is granted if the carrier reports and was scheduled to deliver—unless a USPS vehicle is used. There are three main criteria to consider when an Act of God may exist: 1. Is it a community disaster? (i.e., a widespread shutdown of essential services, excluding emergency responders)

2. Is it general in scope and impact? (not just affecting individuals)

3. Did it prevent groups of employees from reporting to work? (not necessarily all, but a substantial number who made reasonable efforts). Even if some employees report to work, arbitrators have ruled that administrative leave may still be warranted if conditions were severe enough to make working unsafe or unreasonable.

PO 603- Sec 152.1 does place the responsibility to report to the Post Office as scheduled, on the carrier. It states, “ You must report to the post office as scheduled, without regard to weather conditions, and must make every effort to perform full service.” Sections 312.1 through 313 and 313.2 of the PO 603 also give carriers direction in this area and clarify proper endeavor must be made with the proper equipment.

ELM 519.216 clarifies that if a carrier was on scheduled leave, that status remains. However, if that leave was used during an Act of God, simply to get paid, when the administrative leave was not yet approved, we have been successful in getting that leave re-credited.

Some managers contacted carriers and told them not to report to work. Those same carriers were later told that they would need to use leave in order to get paid. Some offices did not receive mail due to the Mackinaw Bridge closing or trucks not running their routes. When I called and spoke to the POOM on that Friday to question if carriers would be paid administrative leave, he felt strongly that the approval would be coming at any moment. Unfortunately, that was not the case. Administrative Leave was denied. Carriers were forced to use leave to get paid. Even those who reported to work and stayed the whole day, but did not have mail to deliver. Through the grievance process we were able to correct each one of these circumstances that was grieved. I have no doubt that there are carriers who burned leave or took LWOP at that time and did not call their steward or did not initiate a grievance because there were too many other things to worry about at that time. The Ice Storm was a rare and extreme event, a once in 100 years storm, they say. For those of us who witnessed this extraordinary event, we hope it’s at least that long. The disastrous impact will linger on the gorgeous scenery here where we live. It has had a horrible impact on the maple syrup industry, and our forests, not to mention the exhausting clean-up efforts and damage repairs that will be with us for a long time to come. This storm highlights how important it is to understand your rights, responsibilities, and the protections our contract provides in all situations. Never get complacent and think you won’t be affected. Be prepared. Be informed. Call your steward if you aren’t sure. Rural Carriers always show up, but when disaster strikes, knowing your rights matters just as much as your dedication.