official publication of the fort worth area · pdf [email protected]....
TRANSCRIPT
May 2012Volume 44
Inside This EditionSenate Approves Postal Bill, Action Now Moves to House..................................................................................1,4APWU Wins Important FMLA Arbitration.................2Condolences.................................................................2Plant, Stations & Branches...........................................3PMG: We Never Used the Word 'Closure'...............4,5Double Dues................................................................5Veterans and the Americans with Disablities Act (ADA).......................................................................................6Sergeant At Arms................................ ........................7Cost of Living Adjustment..........................................7NTFT Overtime Rules.................................................8City Stations Abolishment/Excessing..........................8EAP4You.....................................................................9Letter to Senator John Coryn.....................................10Letter from Senator John Coryn.................................11Thrift Savings Plan Counseling & Financial Planning Workshop...................................................................12Good Mental Health...................................................13Settlement Clarifies 204B Language..........................14APWU Wins Settle Dispute on Covering Custodial Ab-sences........................................................................14House Panel Approves In Federal Employees' Pension Payments...................................................................14Girls' Night Out.........................................................15Next Union/Auxiliary Meetings...............................16Articles Due Dates....................................................16
Publication #5
Senate Approves Postal Bill, Action Now Moves to House
Continued on Page 4
Senate Approves Postal Bill, Action Now Moves to House
Senate Approves Postal Bill, Action Now Moves to House
(APWU News Bulletin 12-2012, April 27, 2012) The Senate passed an amended version of the 21st Century Postal Service Act (S. 1789) on April 25, and legislative action on postal reform will now move to the House of Representatives.
“Although the Bill is flawed, the amended version is far better than the original,” said APWU President Cliff Guffey. “That is a result of the tremendous effort of APWU members, postal customers, and elected of-ficials who appreciate the importance of the Postal Service to American life. Thank you for your hard work,” he said.
“With the moratorium on the closure of mail processing plants and post offices set to expire on May 15, we must now turn our attention to the House. We expect to face very tough challenges there,” Guffey said. “But we will do everything we can to get a good Bill. We call on our members, small busi-nesses, individual customers, and lawmakers to re-double our efforts to Save America’s Postal Service.”
“House leaders have not yet given any in-dication of how they plan to proceed,” said Myke Reid, APWU Legislative and Political director.
The House could consider H.R. 2309, a bill sponsored by Representative Darrell Issa
(R-CA) and Representative Dennis Ross (R-FL), which would destroy the Postal Service. More than half of the members of the House are co-sponsors of another Bill, H.R. 1351, which postal unions support, but Representative Issa, the Chairman of the House Committee with jurisdiction over the Postal Service, has refused to allow it to come up for a vote. The House also could consider the Senate Bill.
A Mixed Bag“The Senate Bill is a mixed bag,” Guffey said. It would provide the USPS, which is facing imminent collapse, with short-term financial relief, by returning $11 billion in USPS overpayments to federal pension funds to the Postal Service. “Keep in mind,” Guffey said, “this is money paid by postal customers, workers and the Postal Service – not taxpayers.”
The legislation also would restructure USPS payments to pre-fund healthcare benefits for future retirees, spreading the payments over 40 years – instead of the current 10 – and reducing the funding mandate from 100 percent to 80 percent. No other government agency or private company is required to make such payments.
“These are positive steps,” Guffey said, “but they do not go far enough. As a result, the USPS will not have access to the capital it needs to meet the challenges of the future,” he said.
Closings, ConsolidationsAnother improvement, Guffey said, is that the 21st Century Postal Service Act would allow more community input in the decision-making process for closing or consolidating post offices and postal facilities. It also would give the Postal Regulatory Commis-sion authority to reverse USPS decisions on these issues.
PROUD MEMBER OF THE POSTAL PRESS ASSOCIATION
FORT WORTH
Outpost
OFFICIAL PUBLICATION OF THE FORT WORTH AREA LOCAL
AMERICAN POSTAL WORKERS UNION, AFL-CIO
OUTPOSTPage 2 May 2012
Editorial PolicyThe Fort Worth Area Local Outpost is published-monthly. Any and all opinions appearing in the Outpost are the opinions of the writers and do not necessarily reflect the views of the Editor or the Union. All contributions must be received by 3:00 pm for the following months issue. Submissions must be accompanied by the writer’s signature and phone number. A hard copy must accompany each article. If a person wishes to remain anonymous, please state so. Artwork must be in ink only, no ball point or pencil, please. All submissions are subject to editing. In accordance to the Constitution & By-Laws of the local no article will be published that demeans or attacks another member of this local. Articles may be submitted on a disc (Rich Text Format) at the Union Hall, 5609 Glenview Dr., mailed to Tonya M. Brooks, Box 162121, Fort Worth, TX 76161. Articles may also be person-ally submitted to the Editor at the GMF Tour 1 Automation or e-mailed (Rich Text Format) me at [email protected].
Fort Worth OutpostThe Fort Worth Outpost is the official publication of the Fort Worth Area Local which includes Aledo, Alvarado, Azle, Bedford, Burleson, Breckenridge, Cleburne, Crowley, Denton, Euless, Granbury, Grapevine, Hurst, Joshua, Keene, Keller, Mansfield, Midlothian, Roanoke, Springtown, Stephenville and Weatherford.
AffiliationsAFL-CIO, Texas Postal Workers Union, Texas AFL-CIO and Tarrant County Central Labor Council.
Fort Worth Area Local OfficersPresident Ed [email protected] 817. 929.0081Vice President Alvin E. Curtis Secretary Gloria Rice [email protected] 817. 798.4752Treasurer Ethel [email protected] Editor Tonya M. [email protected] Sgt. At Arms Rosie PruittClerk Director Ben Martinez 317-3856 817. [email protected] Director Harold Parkey317-3880 817.992.3397Motor Vehicle Director Joe Dickens317-3881 817. 992.1287Trustees Karen Reed Kaye Strawther Angela TurmanEducational Director Nereida NorrisAccident Benefit Rep Earl StewartOWCP Director Toni Dimas 817.781.6771Human Relations Director Marsha BlankenshipLegislative Director Harold ParkeyParliamentarian Kaye Strawther Health Plan Director Dana Martinez 817.929.6196Chief Steward Stations/Branches Dora Rodriguez [email protected] 817.522-6787
Communication NumbersUnion Hall 817.281.1902 Fax 817.485-9028
APWU Health Plan1-800-222-APWU TDD 1-800-622-2511Pre- Certification 1-800-447-1704
The Fort Worth Area Local #098 offers condolences to the following members who have lost loved ones recently. We apologize for anyone we overlooked.
Condolences
Hai Dao........................................FatherTheophillis Darden.......................FatherEarl Davis.....................................GrandsonBenetha Haywood.........................MemberArlette Moore................................Grandson Gloria Wright................................Mother
APWU Wins Important FMLA Arbitration
APWU Wins Important FMLA Arbitration
(APWU Web News Article 43-2012, April 23, 2012) The APWU won an important Arbitration case on April 18, when Arbitrator Shyam Das ruled that the Postal Service can-not require employees to use forms developed by the Department of Labor (DOL) when they submit certification for leave under the provisions of the Family & Medical Leave Act (FMLA). Das’ ruling overturned a Postal Service policy, announced on July 6, 2010, that required employees to use DOL forms. The decision was issued in response to a national-level grievance filed by the APWU on October 4, 2010.
The union vigorously defends employees’ right to use other formats for submitting certification in an effort to protect mem-bers’ privacy. The union notes that medical certification forms created by the DOL in 2009 permit healthcare providers to supply information beyond what is actually required under the law. The Form WH-380-E and WH-380-F allow healthcare providers to state the employee’s medical diagnosis on the form, although they are not required to do so.
The APWU has consistently asserted that an employee’s medical diagnoses are pri-vate health information that need not, and are not, required to be stated on the form.
For that reason, the APWU has encouraged union members to use forms developed by the APWU.
In the grievance, the union wrote,
“It is the APWU’s position, consistent with the Collective Bargaining Agreement, appli-cable Department of Labor (DOL) regula-tions, the parties’ established accepted past practice (for over 15 years), and the mutual understanding and agreement between the parties at the national level, that (1) em-ployees are not required to use a specific format or form for FMLA certification; (2) employees may use APWU forms for FMLA certification, or any other format or forms that contain the information required under 29 CFR 825.306; and (3) the submission of FMLA certification using DOL WH-380 forms is optional.”
“We are currently in discussions with the USPS regarding implementation of the Das award,” said Mike Morris, director of Indus-trial Relations. “We are working to ensure that Management accepts APWU FMLA forms as appropriate medical certification without undue delay or unjust denial of employee leave requests.
“We will make the APWU forms available again soon, so please check this website periodically for updated information,” he said.
OUTPOST Page 3May 2012
Plant, Stations & Branches
Ed ThompsonFort Worth Area Local President
All MembersMany times members rely on other members for guidance in a contract issue. Please allow the APWU Representatives to provide you with current information if you need a ques-tion answered. If you have any difficulties getting any answers regarding your concerns you may call me (See number on page 2). You will be provided with the answer to your question. We provide training for all APWU Representatives. You should utilize their training when a question arises. While it is convenient to ask friend a quick question, members really should get a second opinion if your concern could lead to any form of corrective action.
PlantThe rumors are increasing about the changes we could experience in the future. We are all aware the USPS is changing. Managements’ plans are not always set in stone. Manage-ment has many plans. The APWU will be challenging many of their changes due to contract violations. The APWU is always willing to inform Management of the contract language, however it is up to Management to listen and follow the contract. Many of the changes will depend on the legislation to give the USPS some relief.
The Senate passed S. 1789 as amended on April 25, 2012. The Bill is now at the House of Representatives. In the House more Amend-ments will certainly be added and the two branches of government will be required to reconcile the differences. If a final Bill is agreed to, it will be up to the President to decide if he is willing to accept it and sign it into law. I am hopeful the process will provide needed relief to the USPS and allow us to continue to grow into the future.
It is not a secret that an agreement on Capitol Hill is difficult at best. We can only hope and
pray for good judgment to prevail in this most important endeavor to save the USPS for future generations.
Electronic mail is only as safe and reliable as the wireless machines that allow it to work. A natural event could disrupt these machines and we would be without any form of national or global communications. We must fight to insure the USPS continues to exist.
Plant, Stations & BranchesI have been in constant contact with the Clerk Craft Director and Stewards. We are working together to address the contract violations occurring. Management is rushing to make the changes without regard to the customer impact. It appears Management is pushing to have customers frequent other locations with their models of staffing at Stations and Branches. Mail volume has not decreased as dramatically as the changes Management is making. In many cases Priority Mail and packages have increased and Business Mail is rebounding.
The union has had successes in demanding Management provide employees with ad-vance notice if excessing occurs. There are still some instances where our members are being treated like a number. Employees are the most valuable asset any company has. It is time the USPS begins treating employees like their most important asset.
The APWU often requests that our members notify their Steward of any contract viola-tions. With the threat of excessing occurring if the union is not informed of EAS and other Craft employees performing Clerk Craft Work Management will continue to reduce staffing in the future. We must hold our ground and demand the contract be fol-lowed. Please report contract violations to your Steward.
Maintenance CraftIn recent meetings with Management the APWU identified several positions being withheld for excessing. After discussions on the initial reasons and impact statements the APWU determined that Management should post many of the withheld positions. We have APWU members that will be interested in them. I would like to thank Harold Parkey
and Jeff Morgan for their assistance in these and other efforts ongoing in the Maintenance Craft.
MVS CraftThe violations of the contract being addressed for APWU Drivers and at the VMF. The Craft Director and I are working together in an effort to increase the hours of the newly converted employees. We are confident we will prevail in the challenges to increase the NTFT employees work hours. The only question is will Management comply with the contract or will an Arbitrator be required to force them to comply with the contract. The process Management used was flawed and the APWU will be pointing out the flaws in an effort to correct the violations. Meetings are being scheduled in an attempt to accom-plish these and other ongoing violations in the MVS Craft.
Thrift Savings Plan Counseling Workshop
On Saturday July 14, 2012 the local union will be hosting a Thrift Savings Plan Counseling & Financial Planning Workshop. Members that attended the previous Retirement Semi-nar requested an in depth workshop on the Thrift Savings Plan. The local union will be providing a professional trainer to provide this important information to our members. The registration fee is ($10.00) each for FWAL / APWU members. Other local APWU members registration fee is ($15.00) each. Please RSVP. Seating is limited and will be on a “First Come First Serve” basis for those who send in their registration fee. Do not send cash. Make your check or money order out to the “Fort Worth Area Local”.
The first workshop will be from 8 am to noon. A light lunch will be served from noon to 1 pm for those attending. The sec-ond workshop will be from 1 pm to 5 pm. Registration must be received no later than July 5, 2012 in order to notify the hotel of the total number attending. If there are any seats remaining on the day of the workshops any non-members that sign a form 1187 will be allowed to attend the workshop up to the seats available for ($20.00) each.
OUTPOSTPage 4 May 2012
Senate Approves Postal Bill, Action Now Moves to House
Continued from Page 1In addition, the Bill would provide limited protection for service standards for a mini-mum of three years. “Although we sought stronger, longer safeguards, this is an im-provement over the original Bill, which did nothing to preserve service,” Guffey said. “Protecting service is essential to preserving the Postal Service – and postal jobs.”
But the legislation also would have devastat-ing consequences for the thousands of postal and federal employees who were injured on the job and who receive compensation from the Office of Workers Compensation Program (OWCP), Guffey noted.
Among other provisions, the Bill would au-thorize the Postal Service to offer retirement incentives. It also would allow the USPS to
negotiate with postal unions to create a health plan separate from the Federal Em-ployees Health Benefit Program.
The legislation also would require Arbitra-tors to consider the financial condition of the Postal Service, along with other relevant factors.
For the latest news, visit www.apwu.org.
PMG: We Never Used the Word 'Closure'
PMG: We Never Used the Word ‘Closure’
(APWU Web News Article 52-2012, May 4, 2012) In an interview televised on C-SPAN on April 27, Postmaster General Patrick R. Donahoe down-played the threat of Post Office and mail processing plant closures and suggested no major changes would take place anytime soon.
'Closure’ is a word we’ve never used,” he said.
Really?
How about a March 7 USPS press release that said, “Most closures or consolidations would have to take place starting after May 15, 2012, and be completed by August 31, 2012.”
And there was the November 16, 2011, sub-mission to the Postal Regulatory Commission that said the USPS would “Redesign the op-erating network, infrastructure, and processes by reviewing retail office productivity and studying under-utilized offices for potential consolidation, closure or conversion…”
Before that there was the September 15, 2011, press release that said, “Proposals under consideration include studying nearly 250 processing facilities for possible consolida-tion or closure…”
And an August 5, 2011, USPS press release said, “The Postal Service announced plans on July 25 to identify and study nearly 3,700 under-utilized Post Offices for possible clo-sure…”
APWU Executive Vice President Greg Bell said, “Whether the Postmaster General calls it ‘closure,’ ‘consolidation,’ ‘right-sizing,’ or ‘rationalizing the network,’ it means the same thing: Drastic cuts to service, jobs, and the postal network, the closure of Post Offices and mail processing facilities, and irreparable harm to the USPS.”
Lawmakers Weigh In Unfortunately, the Postmaster General’s reas-surances about how many consolidations will be implemented — and when — aren’t very comforting either. As the March 7 press release notes, the USPS plans to implement as many closures as possible by August 31, before the start of the fall mailing season. This confirms what postal executives told the APWU on February 13: They plan to begin consolidat-ing mail processing facilities as soon as the moratorium on consolidations ends.
Many lawmakers don’t seem to be taking the PMG at his word. The four co-sponsors of a Senate Postal Reform Bill have asked Donahoe to extend the moratorium until after legislation is enacted. In a letter dated April
30, Senator Joe Lieberman (I-CT), Senator Susan Collins (R-ME), Senator Tom Carper (D-DE) and Senator Scott Brown (R-MA), wrote, “There is considerable concern in the Senate that this approach will unnecessarily degrade the infrastructure which is one of the Postal Service’s most important assets.
“We believe an attempt to proceed with the planned closures — to ‘get in under the wire’ while legislation to the contrary is being considered — would be counterpro-ductive and would violate the clear intent of the Senate.”
A few days later, 43 Senators, including 37 Democrats, five Republicans, and inde-pendent Senator Bernie Sanders (VT) also asked Donahoe to extend the moratorium on the closing of Post Offices and mail processing facilities. In a letter dated May 2, they wrote, “We are deeply concerned that the closing of these postal facilities prior to Postal Reform Legislation being enacted would be devastating to communi-ties around the country.”
On the other hand, three Republicans — Senator John McCain (AZ), Senator Tom Coburn (OK), and Senator Bob Corker (TN) — are urging Donahoe to quickly implement planned cutbacks. “Despite the
PMG: We Never Used the Word 'Closure'Continued on Page 5
OUTPOST Page 5May 2012
Gloria RiceFort Worth Area Local Secretary
Double Dues
Double DuesIf you are paying dues to APWU and another Post Office Craft Union, you must contact Gloria Rice, Local Secretary. I do not have anniversary dates for union members. You must contact Shared Services if you want
your anniversary date. Only you know when dues start coming out of your check and that would be your anniversary date, not the date you fill out your 1187. I cannot make another union reimburse you for dues you paid to them after you joined the APWU, however, I can try to assist you with information you need to present to that union to try and get your dues back from them. They will only give you information concerning your dues to them; I cannot get any information con-cerning your dues to them.
I have put this information at the end of all of my minutes as well as in the Outpost every month. At this time, there should not be any APWU members still paying double dues. If you are, you need to contact me immediately, and this is something that I have gone above and beyond for the members. It is actually the responsibility of the member to stop the double dues, especially if you were paying another union for the sole purpose of having their health plan.
In Union Solidarity.
PMG: We Never Used the Word 'Closure'
Continued from Page 4
Senate’s passage last week of S. 1789, the 21st Century Postal Service Act of 2012, we believe it is very unlikely that both the House and Senate will come to agreement
on legislation that reforms the postal system anytime soon and strongly encourage you to move forward with the cost-saving changes you have previously outlined,” they wrote.
In other words, “Implement the closures.” The ones the PMG never mentioned?
OUTPOSTPage 6 May 2012
Tonya M. BrooksEditor/Steward Tour I
Veterans and the Americans with Disabilities Act (ADA)
IntroductionEach year, thousands of military personnel stationed around the world leave active duty and return to jobs they held before entering the service, or begin the search for new jobs. Recent veterans report high rates of service connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service). About twenty-five percent of recent veterans report having a service-connected disability, as compared to about thirteen percent of all veterans. Common injuries incurred by these veterans include missing limbs, burns, spinal cord injuries, post-traumatic stress disorder (PTSD), hear-ing loss, traumatic brain injuries, and other impairments.
There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Two of those laws -- Title I of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) - protect veterans from employment discrimination. Title I of the ADA, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), prohibits private and state and local government employers with fifteen or more employees from discriminating against indi-viduals on the basis of disability. USERRA has requirements for reemploying veterans with and without service-connected disabili-ties and is enforced by the U. S. Department of Labor (DOL).
1. What Protections Does the ADA Provide to
Veterans with Disabilities?Title I of the ADA prohibits an employer from treating an applicant or employee
unfavorably in all aspects of employment -- including hiring, promotions, job as-signments, training, termination, and any other terms, conditions, and privileges of employment -- because he has a disability, a history of having a disability, or because the employer regards him as having a dis-ability. That means, for example, that it is illegal for an employer to refuse to hire a veteran because he has PTSD, because he was previously diagnosed with PTSD, or because the employer assumes he has PTSD. Similarly, an employer may not refuse to hire a veteran based on assumptions about a veteran’s ability to do a job in light of the fact that the veteran has a disability rating from the U.S. Department of Veterans Af-fairs (VA). The ADA also limits the medi-cal information employers may obtain and prohibits disability-based harassment and retaliation.
Finally, the ADA provides that, absent undue hardship (“significant difficulty or expense”), applicants and employees with disabilities are entitled to reasonable accommodation to apply for jobs, to perform their jobs, and to enjoy equal benefits and privileges of employment (e.g., access to the parts of an employer’s facility available to all employees and access to employer-sponsored training and social events).
Section 501 of the Rehabilitation Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies and the United States Postal Service.Documents explaining Title I of the ADA and the Re-habilitation Act can be found on EEOC’s website at www.eeoc.gov.
2. When is a Veteran With a Service-Connected Disability
Protected by the ADA?A veteran with a service-connected disability is protected by the ADA when he meets the ADA’s definition of disability and is quali-fied for the job he has or wants. The ADA defines an “individual with a disability” as a person who (1) has a physical or mental impairment that substantially limits one or
more major life activities; (2) has a record of such impairment; or (3) is regarded as hav-ing such impairment. An individual with a disability is qualified if he is able to meet an employer’s requirements for the job, such as education, training, employment experience, skills, or licenses, and is able to perform the job’s essential or fundamental duties with or without reasonable accommodation.
As a result of changes to the ADA made by the ADA Amendments Act of 2008, it is now much easier for individuals with a wide range of impairments to establish that they are individuals with disabilities and entitled to the ADA’s protections. For example, the term “major life activities” includes not only activities such as walking, seeing, hearing, and concentrating, but also the operation of major bodily functions, such as functions of the brain and the neurological system. Ad-ditionally, an impairment need not prevent or severely or significantly restrict performance of a major life activity to be considered substantially limiting; the determination of whether an impairment substantially limits a major life activity must be made without regard to any mitigating measures (e.g., medications or assistive devices, such as prosthetic limbs) that an individual uses to lessen an impairment’s effects; and impair-ments that are episodic or in remission (e.g., epilepsy or PTSD) are considered disabilities if they would be substantially limiting when active.
Although the ADA uses different standards than the U.S. Department of Defense and the VA in determining disability, many more service-connected disabilities will also be considered disabilities under the ADA than prior to the ADA Amendments Act. In fact, some service-connected disabilities, such as deafness, blindness, partially or completely missing limbs, mobility impairments requir-ing the use of a wheelchair, major depressive disorder, and PTSD, will easily be concluded to be disabilities under the ADA.
In Union Solidarity
OUTPOST Page 7May 2012
Rosie PruittSergeant at Arms/Steward Tour I
Cost Of Living Adjustment
Sergeant at ArmsThirty one members were in attendance at the April 22, 2012 General Membership Meeting. Five Executive Board Members present; four excused; thirteen Stewards; seven excused; and six Members were in attendance.
Article 9 Section 3Cost of Living Adjustment
A. Definitions1. “Consumer Price Index” refers to the “National Consumer Price Index for Urban Wage Earners and Clerical Workers” (CPI-W), published by the Bureau of Labor Sta-tistics, United States Department of Labor (1967=100) and referred to herein as the “Index.”
2. “Consumer Price Index Base” refers to the Consumer Price Index for the month of July 2011 and is referred to herein as the “Base Index.”
B. Effective Dates of AdjustmentEach eligible employee covered by this Agreement shall receive cost-of-living ad-justments, upward, in accordance with the formula in Section 3.C, below, as follows:
Section 4 Application of Salary Rates
The Employer shall continue the current application of salary rates for the duration of this Agreement.
Section 5 Granting Step Increases
The Employer will continue the program on granting step increases for the duration of this Agreement.
Section 6 Protected Salary RatesA. The Employer shall continue the current salary rate protection program for the dura-tion of this Agreement.
B. Employees who qualify for “saved grade” will receive “saved grade” for an indefinite period of time subject to the conditions contained in Article 4, Section 3, and Article 37.4.C.6.b.
Section 7 Postal Support Employees
The hourly rates for PSEs shall be adjusted by the general increases provided for in Article 9.1. In addition, PSEs will receive the following wage adjustments:
Effective, November 17, 2012, the hourly rates for all grades shall be increased by 1.0%.
Effective November 16, 2013, the hourly rates for all grades shall be increased by 1.0%.
Effective November 15, 2014, the hourly rates for all grades shall be increased by 1.5%.
All percentage increases are applied to the wage rates in place on the effective date of this Agreement.
Index Payment effective: January 2012 Second full pay period after release of January 2013 Index July 2012 Second full pay period after release of July 2013 Index January 2013 Second full pay period after release of January 2013 Index July 2013 Second full pay period after release of July 2013 Index January 2014 Second full pay period after release of January 2014 Index July 2014 Second full pay period after release of July 2014 Index January 2015 Second full pay period after release of January 2015 Index
C. The basic salary schedules provided for in this Agreement shall be increased 1 cent per hour for each full 0.4 of a point increase in the applicable Index above the Base Index. For example, if the increase in the Index from July 2011 to January y scales for employees covered by this Agreement will be increased by 3 cents per hour. In no event will a decline in the Index below the Base Index result in a decrease in the pay scales provided for in this Agreement.
D. In the event the appropriate Index is not published on or before the beginning of the effective payroll period, any adjustment re-quired will be made effective at the beginning of the second payroll period after publication of the appropriate Index.
E. No adjustment, retroactive or otherwise, shall be made due to any revision which may later be made in the published figures for the Index for any month mentioned in 3.B, above.
F. If during the life of this Agreement, the BLS ceases to make available the CPI-W (1967 = 100), the parties agree to use the CPI-W (1982-84=100) at such time as BLS ceases to make available the CPI-W (1967=100). At the time of change to the CPI-W (1982-84=100), the cost-of-living formula in Sec-tion 3.C will be recalculated to provide the same cost-of living adjustment that would have been granted under the formula using the CPI-W (1967 = 100).
OUTPOSTPage 8 May 2012
NTFT Overtime Rules
Ben MartinezClerk Craft Director
City Stations Abolishment/Excessing
Management is at it again, I cannot count how many Clerks who work at the Plant that have told me they would never bid back to a Station. Because they too were excessed from those Stations, in what does not seem like that long ago. And they too were asked to stay, even after being given official notices that states in part, “You will be excessed to needs of your section”. These employees at the plant were also asked by their Manag-ers to stay, because they did not know how they would manage the changes. If you ask employees they say, leave, per your instruc-tion letter and report to your assignment and do not stay and help that Station out. In my opinion the operations will fail, you know they will.
In one scenario at a Station, Management abolished three senior Clerks bids, the Sta-tion Management did not know they had agreed, that abolishing those three senior bids meant, three junior employees would be excessed, who the Station Management considered their go to Clerks, were reas-signed to the plant. It did not take long before Management realized their errors. The problem I have is that if Management has requested your services you should be compensated out of schedule premium, for time worked outside of, and instead of, your regularly scheduled work day or work week when working on a temporary schedule at the request of Management. Source: Ar-ticle 8.4.B. You ask what does that mean. It means fifty percent additional pay for every hour out of schedule. Make them pay, do not volunteer to stay and fill out a PS form 3189. When you sign that form you are waiving your rights to out of schedule pay. You will not be given special privileges, as soon as Management has resolved their problem, you will be sent on your way along with all your empty promises made by your Manager.
Out-of-Schedule Limitations Another question has arisen regarding whether Management can request that em-ployees work out of schedule on a regular basis. Again, the answer is “no.” Manage-ment will never post duty assignments for more reasonable hours if employees permit the USPS to give them out-of-schedule duty on a regular basis.
It’s understandable that employees want more income. However, out-of-schedule duty can be a short-term gain with long-term conse-quences. Grievances should be filed seeking serious penalties for continued violations of the prohibition on scheduling employees to work beyond their bid hours. The penal-ties can increase until Postal Management realizes that it should post more reasonable schedules.
NTFT Overtime Rules We continue to get questions regarding the new rules involving mandatory overtime when NTFT assignments are present at your installation. The best way of explaining the rule is with an example.
If an installation has a main office and twelve Stations, and one of the Stations has at least one NTFT assignment in Function 4, no employee in Function 4 in the entire installation, including the main office and all twelve Stations, can work mandatory overtime.
Locals should file grievances whenever viola-tions occur. Management cannot be permitted to post thirty hour schedules and then request that employees work overtime.
Article 1.6 Performance of Bargaining Unit Work
Please do not sit by and watch Management take over your work. You could be the next employee receiving a letter of abolishment of your position. And if you’ve received one already and did not file before your bid was abolished, look what it caused to happen to you.
Supervisors are prohibited from performing Bargaining Unit Work at Post Offices with 100 or more Bargaining Unit Employees, except:
1. in an emergency; 2. for the purpose of training or instruction of employees;3. to assure the proper operation of equip-ment;4. to protect the safety of employees; or5. to protect the property of the USPS.
B. In offices with less than 100 Bargaining Unit Employees, Supervisors are prohibited from performing Bargaining Unit Work ex-cept as enumerated in Section 6.A.1 through 5 above or when the duties are included in the Supervisor’s position description.
Crossing CraftsIf you know of any employee delivering mail other than a Carrier and you are a Clerk at a Station and you have NTFT positions of less than forty hours. Grievances should be filed for that work. You as a Clerk can help the local in having positions created from the new job description called a “Delivery/ Sales Service and Distribution Associate.” Found on page 174 of the CBA.
Maintenance employees should definitely not be utilized to perform such activities of delivering any mail. If so, you should file a grievance.
ScanningScanning Arrival at unit is Clerk work also. Not the Supervisors, or the Carriers, or Main-tenance employees. But do keep in mind that our brothers and sisters in the Maintenance Craft who, are performing such duties, are following their instructions given to them, do not take it out on them. They have to follow the instructions of the Supervisors. Request a Steward and file a grievance.
Looking For a Raise?Article 9 Salaries and Wages, states, the basic annual salary schedules, with proportional application to hourly rate employees, for those employees covered under the terms and conditions of this Agreement shall be increased as follows:
Effective November 17, 2012-the basic annual salary for each grade and step shall be increased by an amount equal to 1.0% of the basic annual salary for the grades and steps in place on the effective of this Agreement.
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Settlement Clarifies 204B LanguageSettlement Clarifies
204B Language (APWU Web News Article 53-2012, May 8, 2012) The APWU has reached a Step 4 Settlement with the Postal Service that clarifies language in the 2006 Collective Bargaining Agreement (CBA) regarding the eligibility of Maintenance Craft employees who were detailed to non-bargaining unit positions to obtain preferred duty assign-ments, Maintenance Director Steve Raymer has announced.
To be eligible for different duty assignments in their current occupational groups, employ-ees on 204B details must return to the craft for an entire continuous pay period prior to the date of posting of job award notices.
In addition, the agreement stipulates that to avoid having their duty assignments posted to the Craft for filling, employees must re-turn to the Craft for a continuous pay period that must have commenced prior to the end
of four months in the non-bargaining unit details.
During the 2010 negotiations, the union and Management agreed to clarify Article 38.7 of the 2006 contract, Raymer said. The May 7, 2012, settlement uses language from the 2010-2015 CBA to indicate that the provi-sions mean the same thing.
APWU Wins Settle Dispute on Covering Custodial Absences
APWU, USPS Settle Dispute On Covering Custodial Absences
(APWU Web News Article 49-2012, May 1, 2012) The APWU and Postal Service have settled a grievance regarding the proper procedure for covering absences of custodians, Maintenance Craft Director Steve Raymer has announced. The April
25 agreement stipulates that in offices with multiple custodians, the staff that is present can work additional hours, using additional part-time flexible hours or overtime for full-time regulars.
In offices with just one custodian, the duties may be performed by non-custodial person-
nel, including Mechanics, Part-Time Flexible Clerks, Part-Time Carriers, etc. Normally, when the work is to be performed by non-custodial personnel, it will be assigned to available APWU-represented employees.
House Panel Approves In FederalEmployees' Pension Payments
House Panel Approves Increase In Federal
Employees’ Pension Payments (APWU Web News Article 48-2012, April 27, 2012) A House committee approved a GOP proposal on April 26 that would in-crease federal employees’ contributions to their pensions by 5 percent over five years, beginning in 2013. The vote was along party lines, with Republicans voting in favor of the measure and Democrats voting against it, 19-15. The legislation will be sent to the House Budget Committee as a recommenda-tion for cost-savings.
Currently, postal and federal workers in the Federal Employment Retirement System (FERS) pay 0.8 percent of their salaries toward pensions and the USPS or govern-ment agency contributes 11.7 percent. (FERS employees also contribute 6.2 percent
toward Social Security.) Postal and federal employees in the Civil Service Retirement System (CSRS) pay 7 percent toward their pensions.
If the bill is enacted into law, the changes would be phased in over a few years:
Employees would pay 1.5 percent more • in 2013. Employees would pay 0.5 percent more • in 2014. Employees would pay 1 percent more • in each of the three years from 2015 to 2017.
New employees who begin federal careers in 2013 with less than five years of prior service would pay 5.8 percent of their pay toward their pensions right away.
The legislation also would eliminate the FERS supplement for new employees. The
supplement is paid in addition to annuities to federal employees who retire before they turn 62 and become eligible for Social Se-curity benefits.
Republican Elijah Cummings (D-MD), the ranking Democrat on the committee, denounced the measure as an attack on federal workers. “And now, we are back again because House Republicans want to squeeze even more out of these middle-class workers... At the same time, House Republicans are adamant in their refusal to ask the wealthiest Americans to contribute one additional penny towards improving our government’s fiscal condition.”
The Committee also approved an amend-ment, introduced by Representative Jason Chaffetz (R-UT) and Representative Stephen Lynch (D-MA) that would allow federal em-ployees to apply unused leave toward their Thrift Savings Plan (TSP) accounts.
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Next Union /Auxiliary MeetingsMay 20, 2012June 24, 2012July 22, 2012
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Calendar of Events
August 20-24, 2012APWU 21st Biennial National Convention, Los Angeles, CA
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