In the past few issues, you've read about your rights as a Letter Carrier in different aspects of your job. As you know, our contract was signed by two parties, the NALC and the USPS. Management does have rights under this agreement. One of these rights that you need to learn more about is “their” right to discipline an employee for a violation of the contract; specifically their right to fire someone for theft.

 

I was a little hesitant about writing this article at first, but due to some recent events, it's time to write about "their" rights. The reason I was hesitant was that management has been known to use some NALC articles against Letter Carriers when issuing discipline. So as a disclaimer, this article is not intended to support management's charges in any discipline case. This is for informational purposes only. Now I can write this with a clear conscience.

“You cannot take mail from the mailstream! Period!”

Lately, an alarming number of cases are arising involving the theft of mail, namely Netflix. These are the DVD movie rentals that customers sign up on the internet to receive. They can keep them for as long as they want and then return them to Netflix. It's becoming a very popular movie rental program.

 

However, some employees feel that they can either borrow or steal these items from the mail without fear of reprisal. This is the furthest thing from the truth. Following are excerpts from an actual case heard at the Step B level involving the theft of Netflix. Names and dates have been changed for obvious reasons.

 

On (this day), the Postal Inspection Service initiated surveillance of letter carrier John Doe while he was delivering Route # X. The Postal Inspectors noticed that he mishandled first class mail in the course of delivering his route and conducted a search of Mr. Doe's locker. In the course of this inspection, the Postal Inspectors discovered a U.S. Mail parcel placed under some personal items. On (the next day), Mr. Doe was arrested by the police department and charged with possession of stolen property. The postal inspection service provided a log including several pages of single line entries, accounting for over 100 lost Netflix mail pieces. All of the "lost" Netflix mailings occurred on the days that John Doe was delivering mail on the routes in his T-6 string. The evidence also included detailed information for each piece on the arrival into the station, the address of the customer, and the shipping location. Mr. Doe denies removing any mail from the mailstream and claims it was placed in his locker without his knowledge.

 

The Letter Carrier was issued a “Notice of Removal” and was terminated by the Postal Service. He also faces criminal charges for possession of stolen property. The termination was upheld by the Dispute Resolution Team.

 

Plain and simple, there is absolutely nothing worth stealing or taking from the mailstream. Besides being morally wrong, the risk is just not worth it. On one of the other Netflix cases, the Letter Carrier hired an attorney. The attorney's defense was that "the cost of the Netflix was only about $20.00, so it's not a serious crime." Needless to say, that carrier was also terminated.

 

There have also been instances where postal employees take the Netflix home, watch the movie, and return it the next day for delivery. Again, this is theft! If you are in possession of mail and you have it for personal use and not delivery, you can and will be terminated. You cannot take mail from the mailstream. Period!

 

Another alibi that’s used a lot is, “My supervisor said I could take it”. When you’re facing termination, do you honestly believe the supervisor will back you up? Besides, even if they did, it wouldn’t change the fact that you took something that didn’t belong to you. It’s still wrong!

 

Some of the carriers who take mail then look to the Union for help. They look for technicalities to mitigate their actions. The bottom line here is that management has the right to fire an employee for theft. There's not much the Union can do to protect someone who steals. Basically, if you take something from the mail, count on the fact that you will lose your job if caught.

  

If an employee is suspected of stealing mail, Postal Inspectors will set up an elaborate investigation. The employee may think they are getting away with it, but in reality, the inspectors are biding their time, waiting to catch the employee red-handed. They'll even put things in the mailstream to entice you.

 

They find out some personal information on you and then place an item that would be attractive to you in your mail, perhaps with a bad address. They set up surveillance cameras; they monitor your every move and when the time is right, they make their move. Then it's "Gotcha!"

 

Simply put, do NOT remove anything from the mail that isn't yours. If an item has a bad address on it, even Bulk Business Mail without a return endorsement, handle it properly. Don't be a victim of foolishness. Again, it's not worth the risk of losing your job and facing criminal prosecution.

 

The mail is entrusted to Letter Carriers for a reason - to deliver it to our patrons. Don't think you can beat the system. "Big Brother" is out there watching and in many cases, baiting people into theft.

 

Remember management has the right to protect the interests of the Postal Service. Protect yourself. Don't be your own worst enemy!