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Home > About USPS & News > Forms & Publications > Postal Periodicals and Publications > Manuals > Employee and Labor Relations Manual - Issue 18 > 6 Employee Relations > 650 Nonbargaining Disciplinary, Grievance, and Appeal Procedures
650 Nonbargaining Disciplinary, Grievance, and Appeal
Procedures
651 Disciplinary and Emergency Procedures
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.
651.2 Representation
Subject to prohibitions regarding Executive and Administrative Schedule
(EAS)/Craft representation, employees have free choice of representation.
Representatives designated by employees, if postal employees and if
otherwise in a duty status, are granted a reasonable amount of official time to
respond to notices of proposed disciplinary action, to prepare for and
represent the employee at a hearing held in accordance with 652.24, and/or
to represent an employee who has appealed a letter of warning or
emergency placement in a nonduty status in accordance with 652.4.
Employees covered under these provisions may request representation
during investigative questioning if the employee has a reasonable belief
disciplinary action may ensue.
651.3 Nondisciplinary Corrective Measures
Accountable managers/supervisors are responsible for the direct day-to-day
performance management of subordinates. The accountable
manager/supervisor monitors subordinates' performance and provides
appropriate resources, coaching, and feedback to subordinates. The
manager/supervisor is responsible for leading the employee to a higher level
of achievement. Performance improvement should be a shared concern and
effort between manager and employee. Early dialogue and guidance are
critical to achieving positive results and continuance of an effective
manager/employee relationship.
651.4 Emergency Placement in Off-Duty Status
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.
Placement in an off-duty nonpay status is confirmed in writing, stating the
reasons and advising the employee that the action is appealable. The employee
should be returned to duty after the cause for nonpay status ceases unless
individual circumstances warrant otherwise. Use of these emergency procedures
does not preclude disciplinary action based on the same conduct.
651.5 Letters of Warning
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) for a period of 2 calendar years
unless otherwise resolved or cited in subsequent disciplinary action.
651.6 Letters of Warning in Lieu of Time-Off Suspensions
Letters of warning in lieu of time-off suspensions replace time-off
suspensions for nonbargaining employees, except when required otherwise
by statute, and except for employees in the Office of Inspector General,
where time-off suspensions are an available form of discipline in addition to
letters of warning in lieu of time-off suspensions. 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.
651.62 Implementation
Letters of warning in lieu of time-off suspensions may be issued in lieu of
either 7-day or 14-day time-off suspension only. Unless required by statute,
suspensions of more than 14 days are prohibited except for indefinite
suspensions referenced in 651.7. Letters of warning in lieu of time-off
suspensions are equivalent to time-off suspensions as an element of past
discipline and may be cited as such in future disciplinary actions.
651.63 Notice
Normally, the employee's immediate supervisor issues a proposed letter of
warning in lieu of time-off suspension stating (a) specific and detailed reasons
for the letter; (b) instructions for responding to it; (c) the right of the employee
or representative to review all material relied upon in the action; and (d)
when, where, and from whom the material is available.
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.
The deciding official, after consideration of the facts of the case and the
employee's response, issues a letter of decision after the expiration of the
10-calendar day period for reply, but no later than 30 calendar days following
the receipt of the employee's response. The decision letter will advise the
employee that he or she may appeal in writing within 15 calendar days of
receipt of the letter of decision.
651.66 Retention
Letters of warning in lieu of time-off suspensions remain in the employee's
OPF for 2 years unless otherwise resolved or cited in subsequent disciplinary
action.
651.7 Adverse Actions
651.71 Definition
Adverse actions are defined as discharges, suspensions of more than 14
days, furloughs for 30 days or less, and/or reductions in grade or pay.
651.72 Policy
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.
Unless the circumstances of a particular case make it impractical, the
employee's immediate supervisor issues a written notice of proposed adverse
action. 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.
The employee or representative may respond to the notice of proposed
adverse action in writing, in person, or both, to the deciding official or
designee identified in the notice. The employee or representative may
respond and present evidence, including affidavits, within 10 calendar days
from receipt of the notice. The time limits for responding to a proposed
adverse action may be extended by the deciding official or designee for
reasonable cause.
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. 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.
The employee, unless otherwise provided in 651.77, remains in a pay status,
either on the job or on administrative leave, at the option of the employer,
during the notice period. The notice period must be at least 30 calendar days,
unless covered by 651.77. Discharged or indefinitely suspended employees
who appeal remain on the rolls in a nonpay, nonduty status until the
disposition of the case through the chosen appeal procedures. Normally,
disposition of the case would be a final decision from the MSPB or a Step I
decision in an administrative 650 appeal. In cases where the MSPB has
mitigated an adverse action in an initial decision and the Postal Service files
an appeal, the employee's status will be handled in accordance with MSPB
regulations regarding interim relief.
651.77 Exceptions to Thirty-Day Notice
When there is reasonable cause to believe an employee is guilty of a crime
for which a sentence of imprisonment may be imposed, the advance notice
before effecting the adverse action may be reduced to no less than 7
calendar days. At the expiration of the reduced notice period, the decision is
issued at once. If the decision is to suspend the employee indefinitely, the
individual remains on the rolls in a nonpay, nonduty status pending a final
decision or until the suspension is otherwise terminated. If the decision is to
remove the employee, the individual remains on the rolls only if a timely
appeal is filed.
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