Legally Bound!

Legally Bound!
By Brian J. Wagner
Past NAPS President

Now that summer break is over, let’s not forget who doesn’t take a break—the NAPS organization and membership recruitment. Because of vacations, I can tell you membership recruitment slowed this past summer.

That just means it’s time to try a different approach to recruitment messaging when reaching potential NAPS members, especially postmasters. Here’s the scoop!

I have initiated some new messaging to potential NAPS members—whether they be supervisors, managers, postmasters or other managerial personnel—in a one-page insert along with my NAPS recruitment packets. This one-page insert states the facts about whom NAPS represents in EAS pay and benefits.

First, I let potential NAPS members know that NAPS is not a union; NAPS is not UPMA, either. NAPS is family and much, much more!

Second, I explain that, on Feb. 22, 2022, the U.S. Court of Appeals in the District of Columbia officially ruled in favor of NAPS having the legal right to represent and consult on USPS pay and benefits for all EAS employees, including postmasters.

Third, I further state the U.S. District Court ruled against the Postal Service and UPMA’s challenge and objection that NAPS represents postmasters. And, therefore, NAPS is legally recognized as a postmaster’s organization.

Fourth, I reference the following excerpt from the District of Columbia’s U.S. Court of Appeals ruling:

“While postmasters’ organizations are expressly prohibited from also representing supervisors, and managerial organizations are prohibited from also representing supervisors or postmasters, no such restriction is placed on supervisory organizations. Supervisory organizations—beyond having to show they represent a majority of supervisors—are not limited in who else they can represent.

“This precisely crafted statute thus presents a ‘nested’ structure, in which Congress placed deliberate restrictions on postmasters’ organizations (which may not represent supervisors) and on managerial organizations (which may not represent either supervisors or postmasters), but conspicuously left the supervisory organization free to represent either postmasters or managers alongside supervisors. … The Act does not say that a supervisory organization cannot represent postmasters (emphasis added).”

Fifth, my insert provides the court’s graphic that shows the “nested” structure it referenced in its ruling. It also shows that a postmaster organization, like UPMA, is limited to only representing postmasters in postal pay and benefits.

Again, the court’s nested structure confirms NAPS is not only a postal supervisor organization, but is recognized by law as a postmaster and manager organization, as well. The court legally confirmed that one postal management organization represents all EAS employees. That organization is NAPS!

Finally, my respective insert includes the Court’s case number, No. 20-5280 (No. 1:19-cv-02236), and a message for the potential NAPS member to contact me via email if they are interested in receiving and reading the entire 32-page appeal court’s ruling. For the record, there is no legal waffling that NAPS represents all EAS employees in postal pay and benefits, including postmasters! The appeals court was firm and final on this ruling.

I am happy to share my one-page insert with any NAPS branch or member. You are not “legally” bound to use this new membership recruitment insert, but I can make the case it only can help your chances to increase NAPS membership.

I also can make the case there is no waffling on my ice-cream-flavor-of-the-month recommendation: blueberry waffle cone. Be safe and eat more ice cream.