Effective Agreement Writing

Union leaders constantly put understandings into writing. Even something as simple as a grievance extension is really a miniature contract. What we sign our names to can deeply affect the members we represent, often in surprising ways.

You hear it all the time: "They are violating the contract!" Why would management do this? Is it that some bosses just don’t know the contract? Or do they conveniently misunderstand it?

It wouldn’t be so easy for management to fluff off if the documents we signed were clearer and stronger, and if they nailed down the consequences for the parties involved. We need to take a more active role in doing the writing of our agreements, rather than taking a supervisor's word for it that the paper we're signing means what we think it does. In this essay we will discuss types of agreements and how we can write them better.

Agreements differ mainly in size and scope. A National Agreement is a comprehensive contract addressing the full field of bargaining issues, with defined rights for the parties, enumerated articles, and normally a clear expiration date. A negotiated Local Agreement also has much the same makeup contractually, and derives its strength from being incorporated into a National Agreement. Our Local Agreements are a perfect example, being limited to the twenty-two items defined in our National Agreement Article 30 and deriving authority from the grievance process in Article 15.

A Memorandum of Understanding is a specific, negotiated understanding on a contract subject. A Memorandum of Understanding very often becomes an attachment to a national or local agreement, which attempts to lastingly clarify some specific issue. The memorandum is not usually attached to the contract until a future negotiation leads to complete reprinting, but contractual life exists for the memo from the moment it is signed.

A Grievance Settlement is normally written on USPS stationary or facsimile, carries the grievance number and other identifiers of the grievance, and clearly defines where in the grievance chain the settlement is reached (Step 1, Step 2, Step 2A, Step 3, pre- arbitration, etc.) Hopefully it addresses the issues in conflict and achieves their resolution.

A Certificate of Understanding is a formal, but very limited agreement, addressing in a clear and enforceable fashion an issue that would not have general implications and would not be included in the text of a future National or Local Agreement. A modification of an already-signed grievance due to a significant, unforeseen issue is an instance where a certification of the change by signature is necessary if it is to bind the parties.

Agreeing not to suspend an employee until after Step 1 or 2 to facilitate settlement is certifiable and should be signed. Almost any serious, temporary understanding should be certified with binding signatures. Extensions of time limits are basically Certificates of Understanding, however titled.

Clarity Issues

It is tempting to formalize contract writing with endless sentences and fanciful, powerful language no one normally uses. Some examples: "The parties agree to comport with...." "Absent extenuating circumstances, the parties concur...." "The designees are in adherence that...." Remember, whatever you are reducing to writing should be more clear, not less. A good piece of contract writing should not require aninterpretation: It should establish an interpretation! If not, rewrite the language.

Negation Issues

A contract should define issues such as ownership and responsibility in positive terms. Although some issues require a clearly negative statement to prevent an action or explain an exception, any more than one negative statement in a sentence invites confusion. An exreme example of a bad example: "The parties agree that if the carrier doesn't sign the Form 3971, never should the Postal Service fail, nonetheless, to not deny the absence." A good example: "Timely notice of carrier illness by a family member other than the carrier shall be accepted by management as bona fide notice of illness in the absence of legitimate and valid reasons to the contrary. And further, the carrier's representative shall always be spoken to with respect." Double negatives and contradictions can have quite dubious meanings, such as: "I ain’t never lied!"

Grammar Issues

Using good punctuation and sentence structure is vital for effective writing. Develop your ideas one idea and sentence at a time. Avoid unusual punctuation and awkward uses such as these: "Seniority shall be used: as a daily guideline--as a weekly guideline; and when necessary for other things." Keep it as simple and clear as possible: "Where not otherwise in conflict with the contract, seniority will be used on a daily basis as a guideline for decisions affecting letter carriers."

Definition Issues

It is tempting to write settlements of very broad reach. Yet every agreement should clearly identify who is impacted, in which ways, and for how long. We need to remember our limits as we bargain, which are defined by our bargaining units. A steward will normally bargain for the office, a president for the local, and national officers for agreements of national scope. Definition is based on inclusion, as a fence defines a yard. Good agreements invariably have clearly defined objects.

Sunset Issues

Sunset language is necessary when an action must be completed, and is useful in writing accurate and binding contract. If the Postal Service agrees to pay off on an overtime violation, the remedy should be immediate. If an extension of time limits is granted, its period of time should be specified, because management could theoretically try to decline to hear a grievance with an "indefinite" extension.

A "drop dead date" is critical in most safety settlements, because it promises that a hazard will be corrected by a stipulated date, or else no deal!

Discipline Abatements

A crucial sunset date occurs when reducing the time of a charges letter in the file. When doing an early abatement of discipline, if the agreement is to rescind a charges letter in let’s say six months instead of two years, the question is: six months from when? Without an abatement date in the settlement, it is six months from practically whenever management feels like it.

Suggestion: always try to remove discipline based on a stipulated number of months from the date at the top of the charges letter, as this is the earliest possible date to establish for counting the months. And do get that date firmly in writing in any such settlement before inking the paper.

Suspense Item Problems

A danger in settlement writing is agreeing to a settlement when there exists a negative element not fairly accounted for (in suspense) which will impact on the settlement as soon as it emerges.

For example, if management offers to withdraw a letter of warning for attendance in six months without similar infractions, but is preparing to issue the grievant another letter based on an infraction you were not informed of, their bad-faith tactic will effectively ruin the agreement and embarrass you.

By focusing on future performance, suspense items can be defeated: "The notice of discipline shall be rescinded and expunged from the file of the grievant after six months, subject to the provision that the grievant shall remain free of further disciplinary infraction of the same or a similar nature following execution of this settlement." (My emphasis.)

Concluding Remarks

If you are not comfortable with the language you are about to sign, chances are your members won’t be either. Bargain ethically. Don’t agree to things that violate people’s rights. But don’t be afraid to win. Through solid, honest bargaining, everyone wins!