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‘Superseniority’ Protects Union Representation
(This article first appeared in the May/June 2013 edition of The American Postal Worker.)
The issue of “superseniority” often arises when excessing occurs. The contractual language on superseniority is found in Article 17.3 of the Collective Bargaining Agreement, under a section labeled “Rights of Stewards.” But the title “Rights of Stewards” is a misnomer: Superseniority exists to protect union members from losing representation; it is not a “right of the steward.” Article 17.3 states: [read more]
Leveling the Playing Field
In the Grievance Procedure
(This article first appeared in the March/April 2012 edition of The American Postal Worker.)
The APWU recently reached an important agreement with the Postal Service that will prevent local managers from gaining an unfair advantage in the grievance procedure by sidestepping the time limits outlined in the contract. [read more]
Making the Grievance
Procedure More Responsive
(This article first appeared in the January/February 2013 issue of The American Postal Worker magazine.)
A grievance is defined in our Collective Bargaining Agreement (CBA) as “a dispute, difference, disagreement or complaint between the parties related to wages, hours and conditions of employment.”
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Our objective is to ensure that the grievance procedure meets the needs of APWU members, and that when contract violations occur, it offers justice in a reasonable time frame. [read more]
APWU Makes Progress On Non-Traditional Jobs
(This article first appeared in the November/December 2012 issue of The American Postal Worker magazine.)
The APWI made significant progress at the end of September in forcing the Postal Service to utilize Non-Traditional Full-Time (NTFT) duty assignments properly. The 2010-2015 Collective Bargaining Agreement (CBA) allows management to create NTFT duty assignments in the Clerk and Motor Vehicle Service Crafts, with certain limitations.
As a result of the new contract language, there are currently thousands of postal workers whose work week consists of four 10-hour work days and three non-scheduled days. As an added bonus, wherever these NTFT duty assignments are created, no full-time employee working in that functional area within the entire installation or bid cluster can be forced to work overtime, except in the event of an emergency. [read more]
Union Defends Retirees’ Right
To Contest Alleged Debts
(This article first appeared in the September/October 2012 issue of The American Postal Worker magazine.)
As difficult as it is to negotiate a collective bargaining agree ment, that is just the start. When the time comes to enforce the contract, the hard work really begins. That has been true for as long as I have been involved in the APWU: Every new contract has generated disputes. The 2010-2015 Collective Bargaining Agreement (CBA) is no exception. [read more]
PMG’s Actions Make Enforcement Tough
(This article first appeared in the July/August 2012 issue of The American Postal Worker magazine.)
As difficult as it is to negotiate a collective bargaining agree ment, that is just the start. When the time comes to enforce the contract, the hard work really begins. That has been true for as long as I have been involved in the APWU: Every new contract has generated disputes. The 2010-2015 Collective Bargaining Agreement (CBA) is no exception. But the Postmaster General hit an all-time low in August 2011, when he asked Congress to abrogate the contract he had signed just three months earlier. [read more]
PSE Pay, Sunday Premium
(This article first appeared in the May/June 2012 issue of The American Postal Worker magazine.)
Clarification: Because the words “PSE” and “Sunday Premium” are both included in the title of this article, some have mistakenly drawn the conclusion that PSEs are entitled to Sunday premium pay. PSEs, like TEs before them, are not entitled to Sunday premium pay. The PSE Memorandum of Understanding that begins on page 279 of the 2010-20015 Collective Bargaining Agreement clearly excludes Sunday Premium pay for PSEs and nothing in this article indicates PSEs are entitled to Sunday Premium pay. That will, of course, be a goal in the next round of negotiations as we seek to improve the pay and benefits for all PSEs.
For many years part-time flexibles ( PTFS ) have questioned why their
overtime rates of pay were calculated differently than full-time employees.
Now we have Postal Support Employees (PSEs), and their overtime rates
are calculated differently as well. I have received many questions from
the field on how the rates are calculated. A little background is necessary
in order to fully understand the calculations.
[read more]
Excessing Rules Dramatically Improved
(This article first appeared in the Mar/April 2012 issue of The American Postal Worker magazine.)
Under previous contracts, thousands of APWU members were involuntarily excessed outside their craft and installation, sometimes hundreds of miles away.
Although the opportunity to be excessed instead of being laid off — as would be the case in most industries — is an important right, excessing often had a devastating impact on employees who had to uproot their families and move in order to keep their jobs.
Excessing wreaked havoc on APWU members: Spouses had to quit their jobs, children were taken out of their schools, elderly parents were often left behind, and some union members ended up “upside down” on their home mortgages. [read more]
Protesting is a First Amendment Right
(This article was first published in the January/February 2012 issue of The American Postal Worker magazine.)
Postal workers have heeded the call of the APWU to take the battle for our existence to the streets and to the offices of our Congressional representatives. I am very proud of the fact that our membership has mobilized with us in this struggle. Unfortunately, some local Postal Service managers have tried to put a damper on the lawful participation of our members in this regard. They have done so by citing ELM Section 667.12, which states: “Employees in active status must not engage in campaigns for or against changes in mail service. This regulation must not be construed to infringe upon the rights to participate in labor organizations.” [read more]
Conversion to Full-Time? Good News & Bad News
(This article was first published in the November/December 2011 issue of The American Postal Worker magazine.)
In August, thousands of former Part-Time Flexibles (PTFs) and part-time regulars (PTRs) in the Clerk and Motor Vehicle crafts were converted to full-time status. As a result, their work-hour guarantees increased from a minimum of two or four hours per pay period (depending on the size of their office) to a minimum of 60 hours per pay period.
In the first week following their change in status, most of the newly converted full-time employees worked significantly more hours than their guaranteed minimums and have continued to do so.
That’s the good news. The bad news is that the way the Postal Service implemented the conversions was nothing less than a fiasco. That is so for the following reasons: [read more]
Welcome, Postal Support Employees
(This article was first published in the September/October 2011 issue of The American Postal Worker magazine.)
Since the beginning of postal collective bargaining in the early 1970s, the contract has included a category of employees called the Supplemental Work Force — but the “casuals” who comprised the supple- mental workforce were denied the rights and benefits their unionized co-workers enjoyed.
Like all the contracts before it, the 2006-2010 Collective Bargaining Agreement said, “This Agreement does not apply to... employees in the supple- mental work force.” Casuals were essentially “at will” employees with little hope of ever getting a career job in the Postal Service. [read more]
Up Next: Preparing for Local Negotiations
(This article was first published in the July/August 2011 issue of The American Postal Worker magazine.)
The 2010-2015 collective bargaining agreement has been ratified by the membership, and it is now time to move to the enforcement phase of our new contract. This agreement has many sweeping changes, and there is much work to do. The ratification of the national contract has set the stage for local negotiations. Many locals will choose to open negotiations in order to update their Local Memorandum of Understanding (LMOU); preparations should be underway. The USPS may also choose to open negotiations. [read more]
An Agreement For Our Times
(This article was first published in the April-June 2011 issue of The American Postal Worker magazine.)
We have a tentative agreement! Noah Webster defines “watershed” as “an important point of division or transition between two phases, conditions, etc.; a crucial deciding point, line or factor.” Clearly, this is a watershed agreement. The decline in first class mail volume, the onerous requirement to fund future healthcare liabilities, the ascendance of electronic communication, and all the other challenges to our industry have been written about in great detail. The United States Postal Service finds itself in dire economic straits. It should go without saying that a healthy Postal Service is vital for our common good. [read more]
Union Protests FMLA Changes
(This article was first published in the January-March 2011 issue of The American Postal Worker magazine.)
Late last year, the Postal Service Began Requiring employees to use Department of Labor forms when requesting Family & Medical Leave, even though the union is pursuing a dispute over employees’ right to use APWU forms or other equivalent documentation. FMLA medical certification has been the subject of extensive discussion between the parties since January 2009, when the revised Department of Labor (DOL) forms and changes to the FMLA regulations became effective. [read more]
A Tall Order: Enforcing the Contract,
Improving the Grievance Procedure
(This article was first published in the November/December 2010 issue of The American Postal Worker magazine.)
Hello! My name is Mike Morris and I am your new Director of Industrial
Relations. Thank you for the confidence you have shown in me by electing
me to this very important position in the union. I promise to do my best
to earn the trust that you have bestowed upon me.
[read more]
Contract Negotiations Underway
(This article was first published in the Sept/Oct 2010 issue of The American Postal Worker magazine.)
Contract negotiations began on Sept. 1, and bargaining sessions are scheduled every week during the months of September, October, and November. The current contract expires at midnight on Nov. 20, 2010, and a lot of hard bargaining will take place between now and then. In this round of contract talks, we will face some of our toughest challenges ever: Many issues that have threatened us in the past are looming again, and we will have to fight to retain some of the gains we made in years past. [read more]
OSHA Slams USPS for Safety Violations
(This article first appeared in the July/August 2010 issue of The American Postal Worker magazine.)
The Occupational Safety and Health Administration (OSHA) has charged the USPS with a series of citations in multiple cities for “willful and serious” safety violations. As of mid-June, OSHA had issued citations to the Postal Service at 12 facilities, and ordered it to pay fines of more than $2 million. The violations, all related to electrical hazards, were discovered after OSHA inspectors visited the sites as a result of complaints filed by APWU locals. The Postal Service “ignored long-established safety standards and knowingly put its workers in harm’s way,” OSHA said. [read more]
Arbitrator: OIG Agents Intended to Make a Grievant’s Life a Living Hell
(This article first appeared in the May/June 2010 issue of The American Postal Worker magazine.)
I rarely write about regional arbitration awards, but a case came to my attention recently that should serve as a cautionary tale about OIG agents and the potential danger they pose to postal workers. [read more]
Members Input on Bargaining Is Welcome
(This article first appeared in the Mar/Apr 2010 issue of The American Postal Worker magazine.)
With negotiations for a new contract set to begin in August (90 days prior to the Nov. 20 expiration of the current contract), the Industrial Relations Department is busy preparing for bargaining. As part of our preparation, we seek input from union members and officers at all levels of the organization. [read more]
New Law Expands FMLA for Military Families
(This article first appeared in the January/February 2010 issue of The American Postal Worker magazine.)
A Defense spending bill signed into law by President Obama on Oct. 28, 2009, includes a section that expands provisions of the Family & Medical Leave (FMLA) for military families. By increasing the scope of “exigency leave” and “caregiver leave,” which were added in 2008, the bill offers important benefits to America’s veterans and their loved ones. The leave amendments to the National Defense Authorization Act of 2010 (NDAA) became effective with the president’s signature. [read more]
The Challenges We Will Meet In Collective Bargaining
(This article first appeared in the November/December 2009 issue of The American Postal Worker magazine.)
The APWU will officially open negotiations for a new National Agreement with the Postal Service sometime in August, approximately 90 days prior to the current contract’s expiration on Nov. 20, 2010, and just days after the conclusion of our 20th biennial national convention. It is essential that at the convention in Detroit we – members, stewards, and officers of the American Postal Workers Union – are united in the struggle. [read more]
Employee Rights During 'Surprise' Investigations
(This article first appeared in the September/October 2009 issue of The American Postal Worker magazine.)
Visits by postal inspectors or OIG agents – which are usually unannounced – often catch employees by surprise, and sometimes cause them to panic. Our stewards, officers and arbitration advocates are doing an excellent job of defending union members, but this article should remind employees of their rights. After all, when you exercise your rights to the fullest, you help protect yourself the most. And unfortunately, postal inspectors and OIG agents have persisted in conducting overly zealous investigations that have resulted in employees being wrongly accused and issued notices of removals. [read more]
Union Battles USPS Over Ergonomic Hazards
(This article was first published in the July/August 2009 issue of The American Postal Worker magazine.)
Locally filed OSHA complaints and a national Unfair Labor Practice Charge are among the actions taken by the APWU in our ongoing battle with the Postal Service over ergonomic hazards on the Delivery Bar Code Sorter (DBCS). In a March 25, 2009, letter to local presidents, the national union urged locals to file individual complaints with the Occupational Safety & Health Administration (OSHA) for each facility that has a DBCS within the installation. [read more]
New Family and Medical Leave Act Rules
(This article first appeared in the May/June 2009 issue of The American Postal Worker magazine.)
The APWU has been meeting with the Postal Service regarding the implementation of changes to the Family and Medical Leave Act – changes that the Bush administration implemented just four days before President Obama took office. The APWU has updated our FMLA forms to provide additional information for medical certification requirements. [read more]
Arbitrator: USPS Form Letters Violate FMLA
(This article first appeared in the January/February 2009 issue of The American Postal Worker magazine.)
In a national-level award issued Oct. 13, 2008, Arbitrator Dennis R. Nolan found that certain form letters that the Postal Service planned to require employees to use when seeking leave under the Family and Medical Leave Act (FMLA) violate the law. Arbitrator Nolan ordered the Postal Service to revise the form letters to comply with the FMLA. [read more]
Non-Compliance a Persistent Problem
(This article first appeared in the November/December 2008 issue of The American Postal Worker magazine.)
Postal Service non-compliance with arbitration awards and grievance settlements is a persistent problem in some areas of the country. One of the responsibilities of the APWU Industrial Relations Department is to deal with non-compliance issues, and to take appropriate action when management fails or refuses to comply with an award or settlement. [read more]
Disputes Sparked by USPS Policies on FMLA
(This article first appeared in the September/October 2008 issue of The American Postal Worker magazine.)
We have been unable to reach resolution on two-national--level disputes with the Postal Service over Family and Medical Leave Act (FMLA) issues. The disputes have been appealed to arbitration, and we want to make clear the union’s position in these cases so that appropriate grievances can be filed at the local level. [read more]
USPS Liable for Supervisor's Threats of Retaliation
(This article first appeared in the July/August 2008 issue of The American Postal Worker magazine.)
A supervisor who threatened an employee with reprisals after the employee filed an unfair labor practice charge was acting as an “agent of the USPS” and therefore the Postal Service was liable for his actions, according to a U.S. Court of Appeals decision enforcing an order of the National Labor Relations Board. [read more]
Settlement Undercuts Our 'Weingarten' Rights
(This article first appeared in the May/June 2008 issue of The American Postal Worker magazine.)
In September 2007, the National Labor Relations Board (NLRB) informed the APWU that it had been engaged in negotiations with the Postal Service to reach a settlement agreement on a pilot program to address pending and future “Weingarten” violations at postal facilities. [read more]
New Transfer Rules for Excessed Employees
(This article first appeared in the Mar/Apr 2008 issue of The American Postal Worker magazine.)
The APWU receives numerous inquiries from members around the country about transfers, particularly from employees who are being impacted by excessing. The following pertains to the recently negotiated Memorandum of Understanding (MOU) regarding “Transfer Opportunities to Minimize Excessing” that appears in the 2006-2010 Collective Bargaining Agreement. [read more]
Wallet Card on Employee Rights Sows Confusion
(This article first appeared in the January/February 2008 issue of The American Postal Worker magazine.)
The Postal Service recently distributed to supervisors and managers a wallet-sized reference card intended to advise them of the rights of employees under the Supreme Court’s “Weingarten” ruling. The landmark decision requires that employees be provided a union steward, if requested, in any management-conducted investigatory interview that the employee reasonably believes could lead to discipline (including interviews by Postal Inspector or OIG agents). [read more]
Laptop Computers Missing
USPS Puts Employee Information at Risk
(This article first appeared in the November/December 2007 issue of The American Postal Worker magazine.)
The Postal Service recently notified the APWU that several laptop computers containing the personal and confidential information of several hundred APWU bargaining-unit employees, including names, Social Security numbers, home addresses, and other personal information, have been reported missing or stolen in the past year. USPS officials have informed us that every employee whose personal information was contained on any of these laptop computers has been notified, and they have assured us that there is no indication that any information stored on these laptops has been compromised. [read more]
Know Your Rights: The ‘No FEAR’ Act
(This article first appeared in the September/October 2007 issue of The American Postal Worker magazine.)
We often receive inquires regarding whether postal workers have any type of “whistleblower protection.” Yes, we do. Although postal workers – unlike most federal employees – are not covered by the Federal Whistleblower Protection Act of 1989, we are protected by certain USPS regulations. In addition, postal workers are covered under an important law, the “Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002” (the “No FEAR Act”) ... [read more]
Court: USPS Engaging in ‘Egregious’ Misconduct
(This article first appeared in the July/Aug 2007 issue of The American Postal Worker magazine.)
A federal appeals court recently issued a decision that enforces an order of the National Labor Relations Board against the Postal Service in Albuquerque NM, which was found to have unlawfully disciplined and discharged a steward. The USPS also threatened to retaliate against rank-and-file APWU members who exercised their union rights. What makes the decision significant is that not only was the Postal Service ordered to stop engaging in unfair labor practices, it was ordered to cease “ in any other manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the [National Labor Relations] Act.” [Emphasis added.] [read more]
Military Leave Ruling Applies to USPS
(This article first appeared in the May/June 2007 issue of The American Postal Worker magazine.)
In the March/April 2006 issue of the American Postal Worker, I wrote about a 2003 court decision that overturned the federal government’s longstanding practice of charging employees “military leave” for non-workdays spent training in the armed forces. Since that article appeared, there have been several new developments in the law, including a Merit Systems Protection Board ruling that indicates that postal employees are indeed eligible for back pay for non-workdays during a time when they are undergoing armed forces training. [read more]
Ratification Sets the Stage for Local Negotiations
(This article first appeared in the Mar/Apr 2007 issue of The American Postal Worker magazine.)
Now that national contract negotiations have been successfully concluded with the ratification of a new National Agreement, locals across the country are preparing for local contract negotiations. Under Article 30 of the National Agreement, negotiations for a local agreement must occur within a 30-consecutive -day period that will take place during a 60-day period beginning April 2, 2007. [read more]
Union Wins Debt-Collection Arbitration
(This article first appeared in the Jan/Feb 2007 issue of The American Postal Worker magazine.)
In a recent national-level award, arbitrator Linda Byars found that the Postal Service violated the National Agreement and a 1993 Memorandum of Understanding (MOU) when it changed the regulations for collecting debts from postal employees. [read more]
NLRB Ruling is One More Step in AMS Struggle
(This article was first published in the Nov/Dec 2006 issue of The American Postal Worker magazine.)
A recent decision by the National Labor Relations Board overturning the dismissal of a Postal Service “unit clarification” petition is the latest chapter in a long-running dispute over management’s exclusion of the Address Management System (AMS) Specialist position from the APWU bargaining unit. [read more]
‘Protected Rate’ Wage-Increase Dispute Settled
(This article was first published in the Sept/Oct 2006 issue of The American Postal Worker magazine.)
The APWU and the USPS recently settled a dispute over the Postal Service’s unilateral change to the way it calculates general pay increases for employees in a “protected rate” status. An employee involuntarily assigned to a lower-level position is, under certain circumstances, eligible for protected-rate status... [read more]
Court Reverses Ruling on FMLA-Covered Absences
(This article was first published in the July/Aug 2006 issue of The American Postal Worker magazine.)
In the September/October 2005 issue of the American Postal Worker, I wrote about a landmark U.S. Court of Appeals ruling dated July 19, 2005, that invalidated USPS return-to-work requirements for Family and Medical Leave Act-covered absences. [read more]
The Employee’s Right to Remain Silent
(This article was first published in the May/June 2006 issue of The American Postal Worker magazine.)
In the Nov./Dec. 2005 issue of the American Postal Worker, I wrote about the transfer of responsibility for investigating certain types of postal employee misconduct. With the responsibility of conducting probes of some internal crimes being shifted from the Postal Inspection Service to the Office of Inspector General, I discussed the rights of employees and the union during such investigations. [read more]
Military-Leave Dispute Centers on Back Pay for Non-Workdays
(This article was first published in the March/April 2006 issue of The American Postal Worker magazine.)
Several local leaders and members have inquired recently about whether the Postal Service intends to comply with a 2003 federal Circuit Court decision that overturned the government’s longstanding practice of charging employees “military leave” for non-workdays spent training in the armed forces. At issue is whether postal workers are entitled to back pay. [read more]
Decisions Pending on Major Arbitrations
(This article was first published in the Jan/Feb 2006 issue of The American Postal Worker magazine.)
As we prepare for this year’s contract negotiations, one of my top priorities continues to be making the grievance arbitration process more responsive to the needs of our members. Grievances filed at the local level and subsequently appealed to regional arbitration directly impact the employees and/or postal installations where the grievances are filed. Grievances initiated at the national level, however, have nationwide impact and general application. [read more]
What’s Behind Changes in Internal Investigations?
(This article was first published in the Nov/Dec 2005 issue of The American Postal Worker magazine.)
In March 2005, the Postal Service informed the APWU that the responsibility for investigating certain types of employee misconduct (internal crimes) was being shifted from the Postal Inspection Service to the Office of Inspector General. [read more]
APWU Wins Landmark FMLA Case
(This article was first published in the Sept/Oct 2005 issue of The American Postal Worker magazine.)
The union won a major victory this summer, when a federal appeals court ruled that the Postal Service’s return-to work requirements for absences of more than 21 days are in conflict with the Family and Medical Leave Act. [read more]
Another Sunday Premium Dispute Win
(This article was first published in the July/Aug 2005 issue of The American Postal Worker magazine.)
In a significant win for the union, an arbitrator has ruled that the Postal Service must grant Sunday premium pay to employees who work on Sunday, even if the work is the result of a request for a temporary change of schedule for the employee’s own personal convenience. [read more]
USPS Survey Tactics Raise Concerns
(This article was first published in the May/June 2005 issue of The American Postal Worker magazine.)
The postal service is once again promoting its voice of the Employee Survey. Employee surveys and participation programs have long been a point of dispute between the Postal Service and the APWU, with the union actively urging our members not to take part in such studies. Our main concern is that the Postal Service has misrepresented the results of employee opinion surveys in the past, including during contract negotiations and interest arbitrations when it has used survey data to justify claims that employees supported its wage proposals. [read more]
APWU Wins Major Attendance Case
(This article was first published in the Mar/Apr 2005 issue of The American Postal Worker magazine.)
An arbitrator has sustained the APWU’s position in two of three outstanding issues in a significant attendance case. In a ruling in late January, Arbitrator Shyam Das said that the Postal Service may not require an employee to describe the nature of an illness or injury during a phone call to report an absence from work. He also ruled that the USPS policy on second and third medical opinions is inconsistent with the Family & Medical Leave Act and the National Agreement. [read more]
USPS Found in Violation of Rehab Act
(This article was first published in the Jan/Feb 2005 issue of the American Postal Worker magazine.)
A clerk who had been receiving Office of Workers' Compensation Program benefits and was subsequently separated from the Postal Service has been awarded a favorable court ruling that says the USPS violated the Rehabilitation Act by failing to engage in an "interactive process" to determine whether a reasonable accommodation existed for her. [read more]
