President’s ReportSam Wood

COLORADO SHOOTINGTRAGEDY HITS THE APWUFAMILY

Last month's Colorado shootingrampage at a midnight showing ofthe Batman movie, The DarkKnight Rises, has touched theAPWU family. Alex Sullivan, theson of an Aurora (CO) Local stew-ard Tom Sullivan, was celebratinghis 27th birthday at the movie wasshot and killed July 20, during therampage and eleven others diedand more than 50 others wereinjured. Tom Sullivan is a Clerk atthe Altura (CO) Station where heserves as a Union Steward.

APWU President Cliff Guffey stat-ed, "Our thoughts and prayers goout to the Sullivan family and tothe families of the other victims.”

The Huffington Post reported thefollowing on July 21, 2012:

For Alex Sullivan, it was to be aweekend of fun: He planned toring in his 27th birthday withfriends at the special midnightshowing of "The Dark KnightRises" and then celebrate his firstwedding anniversary Sunday.Late Friday, Sullivan's family con-firmed that police told them hewas among those killed. "He wasa very, very good young man,"said Sullivan's uncle, JoeLoewenguth. "He always had asmile, always made you laugh. Hehad a little bit of comic in him.Witty, smart. He was loving, had abig heart."

LOCAL AND NATIONALELECTIONS

Local and National elections havearrived; I never ask anyone to votefor a certain candidate. I do how-ever give opinions when asked,but I never attempt to influence aperson to vote for a certain candi-date or political party unless askedby them. I truly believe that eachindividual should choose who theywill vote for after they look at allthe information provided to themabout the candidates and shouldweigh the pros and cons of votingfor that person.

There is a certain local politicianthat refused to help save jobs inSouthwest Florida even after ourmembers pleaded with him to helpus. He refused to step up to theplate for our Southwest Floridajobs. I ask that each person takein consideration the position ofeach candidate in regard to theirattitude towards USPS legislation.

Last month, the United StatesHouse of Representatives failed topass legislation that would havehelped the Postal Service's finan-cial woes. It will now be up to our

membershipto continueeducate theirfamilies andfriends about postal issues andpending legislation.

NALC COMMERCIAL

The National Association of LetterCarriers unveiled their own com-mercial late last month concerningthe financial condition of thePostal Service. I believe that hadall Postal Unions and Associationsworked together months ago withcoordinated efforts, we may havebeen more successful in our leg-islative efforts.

I believe that even though we areseparate Unions andAssociations, we all share a com-mon interest and the same fate,so why not act as ONE?

For the most part, it seems asthough we have been fighting thisPostal legislation battle separately(except for the Postal Rally), whenwe should have combined ourresources. My only hope is thatwe get our act together as one inthe near future to protect our jobs,wages and benefits, and collectivebargaining rights, before they aretaken away from us.

APWU NATIONALCONVENTION

This month, the APWU NationalConvention convenes in LosAngeles, California. This will prob-ably be one of the most importantconventions for the APWU. Thereare so many issues that need tobe addressed to insure that cur-rent APWU members have afuture to look forward to. I thinkour members need more, not lessinformation about what is goingon.

I will attempt to get information toour members daily about theissues discussed at the NationalConvention. Information is powerand I believe that this is one ofthose instances where our mem-bers need to be updated in realtime as the information becomesavailable.

GRIEVANCE OVERLOAD

Locals all over the country havebeen fighting record contract vio-lations by management. It isimportant that if you believe thecontract has been violated, ask tosee your Union Steward and file agrievance.

Many believe that phone calls, textmessages, or e-mails to an

See PRESIDENT’S REPORTContinued on Page 5

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IN THIS EDITION OF

THE EAGLE’S EYEPresident’s Report . . . . . . . . . . . . . . . . . . . . . . 1

Secretary-Treasurer’s Report. . . . . . . . . . . . . . 2

APWU Wins Grievance At Arbitration

To Protect Employee Medical Records . . 3

What Contract?

Did We Sign a Contract? . . . . . . . . . . . . . . 4

Union Matters . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Blaming The Unions . . . . . . . . . . . . . . . . . . . . . 6

Management Stuck In Same Old Groove . . . . 6

Our American Right To Assemble . . . . . . . . . . 7

Greetings From Bokeelia . . . . . . . . . . . . . . . . . 7

SWFAL Membership News. . . . . . . . . . . . . . . . 8

PROUD MEMBER

2 THE EAGLE’S EYE AUGUST 2012

Southwest Florida

Area Local, APWU11000 Metro Parkway, Unit 8

Fort Myers, FL 33966

239-275-1007

Open 9am-3pm, Monday-Friday

WEBSITE ADDRESS

www.swfloridaapwu.org

PRESIDENT

Sam Wood

SWoodFla@aol.com

239-823-APWU

VICE-PRESIDENT

Dan Gray

VPswfal@aol.com

239-834-2736

SECRETARY-TREASURER

Felicia Gluhareff

SecTreaSWFAL@aol.com

CLERK CRAFT DIRECTOR

Paul McAvoy

ClerkCraftSWFAL@aol.com

MAINTENANCE CRAFT

DIRECTOR

Mickey Szymonik

Maintdirswfal@aol.com

239-834-2900

EDITOR

Kathy Moyer

EdSWFAL@aol.com

MOTOR VEHICLE CRAFT

DIRECTOR

Vacant

TRUSTEES

Helen Brillhart-Skinner

Wendy Skaff

David Grant

SAFETY & HEALTH

COMMITTEE

David Grant

Wendy Skaff

CONSTITUTION COMMITTEE

Dan Gray, Chairman

Felicia Gluhareff

Paul McAvoy

Kathy Moyer

NATIONAL MAILING ADDRESS

Per Capita Section

APWU, AFL-CIO

1300 L Street NW

Washington, DC 20005

FLORIDA POSTAL WORKER

The Florida Postal Worker

P.O. Box 8363

Fort Lauderdale, FL 33310

www.apwuflorida.org

7/22/2012

CALL TO ORDER:

Time: 9:30 a.m. There were 18members in attendance.

PLEDGE OF ALLEGIANCE:

The pledge of allegiance was ledby Bill Faulkner.

ROLL CALL OF OFFICERS:

Felicia Gluhareff performed the rollcall of officers. Present were SamWood, Paul McAvoy, MickeySzymonik, Kathy Moyer andFelicia Gluhareff. Paul McAvoymade a motion to excuse DanGray who was on annual. Themotion passed.

MAP:

A moment of silence for Charlesand a member’s son who was lostin the Colorado tragedy.

NEW MEMBERS:

None.

EXECUTIVE BOARDMINUTES:

The Executive Board discussedclerks volunteering to go to custo-dial positions - detailed. Be awarethat you will be remaining on yourcurrent tour. The Bokeelia excess-ing situation was discussed. TheBonita clerk who was awarded abid was asked to sign a 1723 for adetail??? If you are awarded a bid,you do not - and should not sign a1723 for that bid. Bonita lead clerkissues were discussed.Headquarters refusing to fill vehi-cle maintenance positions (5) inFort Myers for which districtrequested be filled in June.Wendy Scaff will be a steward atCape Central. Management stillhas not posted lead clerk bids atthe plant. A clerk was excessedfrom Marco to Naples. The Unionwas not notified of the excessing.The Marco steward filed a griev-ance. 204B positions at the plantwere discussed.

SECRETARY- TREASURER’SREPORT:

Paul McAvoy made a motion toaccept the minutes as printed in

last month’s Eagle’s Eye. Themotion passed.

REPORT-SELECTION OFCOMMITTEES:

None

REPORT OF CONVENTIONCOMMITTEES:

None

REPORT OF TRUSTEES:

The Trustees will be conducting anaudit in September. The Trustees,along with the Office Secretaryand Treasurer will look into Skypeat that time.

COMMUNICATIONS:

A list of AFL-CIO endorsed politi-cans was sent to the union hall.Lab reports for the water at theplant were received which statedthat the water is finally safe todrink. We discussed a list ofrequested vehicle maintenancepositions for district and outcome(approved / disapproved compli-ment) from headquarters. We dis-cussed arbitration outcome of theAPWU grievance of carriers per-forming clerk work. No Backpay.

UPDATE OF GRIEVANCES:

Excess of discipline grievancesdue to management handing outfrequent attendance discipline.Arbitrators are siding with man-agement more and not awardingas many monetary awards due tothe financial state of the PostOffice.

OLDBUSINESS:

None

NEW BUSINESS:

Management can not post the cus-todial bids because we are underexcessing. If management woulddrop the excessing, then thesepositions would be able to be post-ed for bid. Arbitrators are picked byboth parties - Union and theUSPS. The process for selectingarbitrators is very similar to the juryselection process. Paul McAvoyhas been trying for two months toget plant management to post leadclerks bids. A grievance has beenfiled on this issue. The new union

t-shirts shouldbe arrivingsoon. Thenew t-shirtslook very similar to the old t-shirts,but with an updated and freshlook. Barbara Carr read the rulesand information for our upcominglocal SWFAL election. Details arebeing provided by Barbara to beincluded in this edition of TheEagle’s Eye (see Barbara’s articleon Page 6). Those employees, ifpossibly detailed to custodian, willbe working the same hours anddays off as they would normallywork.

LABOR / MANAGEMENT:

There will be a meeting with dis-trict labor within the next twoweeks.

GOOD AND WELFARE:

The winner of the COPA 50/50drawing was Wayne Nichols whowon $35.00. The total netted was$70.00. Wayne Nichols donated$20.00 of his winnings back toCOPA. The name drawn for theincentive award was MaridellHahn who won $80.00. The potwill be $50 at next month’s meet-ing.

ELECTION OF OFFICERS ANDDELEGATES:

None

LEFTOVERS:

Lorenzo Tindal spoke about retireememberships in the union. Alsodiscussed was when managementselects clerks to go on standbytime, management must take thejunior clerk by PAA.

ROLL CALL OF OFFICERS:

Felicia Gluhareff performed the rollcall of officers. The results wererecorded.

NEXT MEETING:

Robert Nowall moved to have thenext meeting August 26, 2012 at9:30 a.m. at the union hall. Themotion passed.

ADJOURNMENT:

Robert Nowall moved to adjourn at11:10 a.m. The motion passed.

Secretary-Treasurer’s ReportFelicia Gluhareff

AUGUST 2012 THE EAGLE’S EYE 3

On April 18,2012 asawarded byA r b i t r a t o rShyam Das,The PostalService can-not requireemployees touse theDepartmentof Labor’sW H - 3 8 0forms. Arbitrator Das ruled thatthe Department of Labor formsare optional forms, not requiredforms.

The USPS must accept anemployee’s medical certificationin any format, provided it containsall of the information requiredunder the law.

The APWU had argued that theDepartment of Labor form WH-380 solicited more informationfrom healthcare providers thanwhat is actually required underthe Family Medical Leave Act.The WH-380E and WH380F

forms asked healthcare providersto state the diagnosis/prognosiswhich is private health informationand not required by law.

The APWU forms are easier forhealthcare providers to use, andprotect against inappropriate dis-closure of protected health infor-mation. The APWU forms, whenfilled out correctly, meet therequirements of the FamilyMedical Leave Act.

We are still seeing incidents werethe FMLA coordinators areattempting, by miscommunicationor out right deceit, to haveemployees complete theDepartment of Labor forms andnot the APWU forms as theemployee originally submitted.Ifyour FMLA certification is ques-tioned by the FMLA coordinatorplease ask to see your UnionSteward to determine if therequest for clarification is justified.

We have had employees fill outthe APWU form only to have theFMLA coordinator send back

a completely highlightedDepartment of Labor WH-380stating they “must” complete thehighlighted WH-380, which is notrequired and in violation of therecently won arbitration.

Here are some basic rules con-cerning the Family Medical LeaveAct taken from the APWU FMLApresentation and can be found onthe Department of Labor Website.

The Family Medical Leave Actwas signed into law by PresidentClinton in 1993. It requiresemployers to grant eligibleemployees leave for certain fami-ly and medical reasons. Under thelaw, eligible employees are enti-tled to a number of benefits. Ihave included some of the majorprovisions of the FMLA law below.

It is important to note that I havecovered only some of the avail-able information pertaining toFMLA. The APWU website andthe Department of Labor websitego into extensive detail regardingeach and every facet of the rules

and regulations concerningFMLA.

Please, if you have a condition(s)that are covered by FMLA, haveyour doctor fill out the correctforms and submit them in order toprotect yourself. We are seeing adramatic increase in attendancerelated discipline. Management,as stated in past articles, cares lit-tle for the extenuating circum-stances surrounding yourabsences, but is not allowed todiscipline you for a FMLA protect-ed absence.

If you have any questions or con-cerns concerning FMLA, theUnion or other work related issuesask to see your Union Steward.

Remember to vote in the upcom-ing elections. The Union hasendorsed numerous candidatesfor various offices. Pleaseresearch the candidates and lookbeyond their promises becauseactions always speak louder thanwords. Vote for the candidate whois there to protect you, your familyand your job.

APWU Wins Grievance At ArbitrationTo Protect Employee Medical Records

Daniel M. GrayVice PresidentSWFAL APWU

Important Provisions of the Family Medical Leave Act (FMLA)

The Family Medical Leave Act was signed into law by President Clinton in 1993. It requires employers to grant eligible employees leave for

certain family and medical reasons. Under the law, eligible employees are entitled to the following:

Up to a total of twelve (12) workweeks of leave during any twelve (12) month period for one or more of the following reasons;

• The birth or placement of a child for adoption or foster care, and to care for the newborn child within one year of birth/placement;

• To care for the employee’s spouse, child, or parent who has a serious health conditions;

• A serious health condition that makes the employee unable to perform the essential functions of his or her job;

• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military service member on

“covered active duty;” or

• Up to a total of 26 workweeks of leave during any twelve (12) month period to care for a covered military service member with a serious injury

or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Employee Responsibilities:

• Inform supervisor within two (2) business days or sooner if required by employer work rules or policy. (CFR 825.303)

• Advance notification when possible (CFR 825.305)

• Provide documentation when required (CFR 825.305)

Documentation must be submitted within fifteen (15) calendar days

• Participate in 2nd or 3rd doctor evaluation when required (CFR 825.307)

Supervisor Responsibilities:

• Determine Eligibility (CFR 825.110)

• Designate the absence as FMLA (CFR 825.301)

• Documentation requirements (CFR 825.305 & 306)

• Provide notification to employee in five (5) business days (CFR 825.300) if oral followed in writing by next payday

• Protect records (CFR 825.500)

• PS Form 3971 (CFR 825.301)

• Publication WH-381 (in lieu of pub 71) (CFR 825.301)

4 THE EAGLE’S EYE AUGUST 2012

Managementcontinues ona daily basisto blatantlyviolate thecontract.

Unfortunatelymanagementis takingadvantage ofthe slowprocess inthe grievance procedure andintentionally violating the con-tract, figuring it will be so far inthe future that the issue will solveitself. Although this is the case insome instances, this does notalways hold true.

In July, 4 arbitrations were heardfrom 2008. Yes, that is right - nota typo, 2008. On August 3rdthere are 2 other arbitrationsconcerning overtime bypassesfrom 2010.

Management is intentionally put-ting off grievances that have amonetary settlement and thenusing as their defense the finan-cial condition of the USPS. If theyknew how to manage, theywouldn't have to violate the con-tract and a large part of the finan-cial condition would not be there.

Management refuses to workwith the APWU and they treat thecontract as if it doesn't exist.Below is an email example ofwhat I am talking about. This is acorrespondence between KarenWalker, Dan Gray, NBA MikeSullivan and myself:

Hey guys,

Just had a meeting with (A) MIPSKaren Walker, Paul and myselfconcerning management want-ing to detail clerks to the vacantresidual custodial positions.Apparently management is goingthe same route as when theyclaimed Article 7.2 and detailedclerks to carrier craft. One issueis that 7.2 .C states "in the samewage level" which in the case ofthe custodial positions they arelevel 4 versus clerk level 6/7. Weare experiencing a lot of "603standby time" on Tour 1 andsome on Tour 3 right now forclerks.

(A) MIPS Walker stated theywanted to fill 7 custodial residualvacancies;

3 vacancies on Tour 22 vacancies on Tour 32 vacancies on Tour 1

Management also stated they didnot want to pay out of scheduleand would keep clerks workingtheir regular schedule and non-

scheduled days off. Which if theyare mostly coming from Tour 1that will be very difficult toaccomplish. (A) MIPS Walkeralso said they wanted to use vol-unteers and if not possible byjuniority. They will also be issuing1723's for clerks who are sentover. Any input from Mike or you(Sam) on this issue, i.e. if it iseven allowed contractually.

Dan

This is response from NBA MikeSullivan agreeing with our con-tentions as far as these emailsare concerned.

Page 38 of the JCIM covers itand it specifies that it must be thesame wage level in another craft.This email should be forwardedto the maintenance NBAs alsoand I will do so with your concur-rence

SULLY

Karen,

We contacted our NBA's and theAPWU's stance on this issue isoutlined below and we all agreethat the moving of clerks toanother craft in accordance with7.2.C may ONLY be done withinsame wage level.

Article 7.2.C permits the assign-ment of employees to performwork in the same wage level inanother craft or occupationalgroup where there is an excep-tionally heavy workload in anoth-er craft or occupational groupand a light workload in theemployees’ craft or occupationalgroup.

The remedy for violating this iswill be a financial burden to theUSPS as it will lead to paying theODL in the Maintenance (custo-dial) craft for all hours in viola-tion.

Generally, when the union estab-lishes that an employee wasassigned across craft lines oroccupational groups in violationof Article 7.2.B or 7.2.C, a “makewhole” remedy requires the pay-ment (at the appropriate rate) tothe available and qualifiedemployee(s) who would havebeen scheduled to work but forthe contractualviolation.

Thanks,Paul

This is what I received as aresponse:

From: Walker, Karen - Ft Myers,FL

<karen.walker@usps.gov>

T o : c l e r k c r a f t s w f a l<clerkcraftswfal@aol.com>Sent: Fri, Jul 20, 2012 2:25 pmSubject: Follow up to custodiandetail discussion:

Per our discussion onWednesday, we are consideringdetailing clerks to the vacant cus-todian jobs. At this time we arerequesting volunteers.

I will keep you informed on anydecisions made regarding thisissue.

Thank you,

Karen WalkerA/Mgr IPSFt. Myers P & DC

Management, a few hours afterthis email was sent to me hungthe following on all the timeclocks:

FORT MYERS P&DCNEWS BREAK

We are considering detailingclerks to vacant custodian jobs.

If you are interested in detailingto the maintenance departmentas a custodian please submityour name to your MDO or RobinWiltse by Tuesday July 24th by0800.

Detail 0pportunities:T2: Three employeesT3: Two EmployeesT1: Two Employees

Detail opportunities will be deter-mined by tour/employees willremain on current tour

Thank you,

Karen WalkerA/Manager IPS

Why then did management both-er to have a meeting with Danand myself if they had alreadydetermined they were going todo this? They did this so they cansay the union was not willing towork with them. We must policethe contract.

I replied to management with thefollowing email:

Karen,

As per our discussion onWednesday with VP Dan Grayand myself, we voiced the APWUopposition to the contractualvalidity of these details. Ishowed you the CBA where itsaid an Article 7.2.B or C detailmust be to the same wage level.

We also told you that Dan and Iwould talk to Sam and the NBA'sand would get back to you (SEEBELOW). Why do you botherdiscussing these issues with us(SWFAL/APWU), when youknow it is a violation, the localdoes not concur in any way, andthe APWU (NBA's position seebelow) on the issue is totallyignored? This is once again areason we desperately need alabor management meeting (withdistrict included) as soon as pos-sible. Maybe then we can getP&DC management to stop bla-tantly violating and ignoring theCBA.

Paul McAvoySWFAL Clerk Craft Director

This is just one of many viola-tions that occur on a daily basis.

The Lead Clerk bids at the Plantas of the writing of this article arestill somewhere in a vortex thatmanagement refuses to let out.

I spoke to a Southwest Floridalocal president who told me hislead clerks did not go up either.He did however tell me that localmanagement at the Plant he is insettled the grievance for backpay to the successful bidder.

Our grievance on the matter youask? It was denied at step oneand step 2 and is currently atstep three and will probably besent to arbitration to be heardsomewhere in the distant future.

What is the difference betweenthe two grievances? About 90miles and Dorinda Kohlun.

Dorinda micro manages to suchan extent, her supervisors willnot do anything without her con-sent first. Plant manager Kohluncontinues to brow beat hersupervisors into doing thingsthey know are wrong, threatenthem with discipline (this infocoming from the supervisorsthemselves) and refusing to dealin good faith with SWFAL or theunion in general.

Supervisors can not settle agrievance without, as they say,running by Dorinda first.Supervisors are being ordered todiscipline employees for minorissues. I have heard her say onmany occasions that someonemust be held accountable. Whendo you get held accountableDorinda? Never mind I cananswer that one myself.

What Contract?Did We Sign A Contract?

Paul McAvoyClerk Craft Director

SWFAL APWU

AUGUST 2012 THE EAGLE’S EYE 5

Okay, let’saddress acouple ofcont rac tua lissues thathave comeup recently.

The firstissue I wouldlike to discussis Overtime.

Our currentLocal Memorandum ofUnderstanding (LMOU) providesfor the opportunity to sign up forScheduled Work Day overtime, aswell as Non-scheduled Day (N/S)overtime. Having these twooptions to choose from was notavailable to APWU craft employ-ees prior to this LMOU.

It’s really great that employeesare able to decide when and forhow many hours they would liketo be considered available forovertime. (Actually, these daysit’s great to be afforded any over-time at all!)

The implementation of overtimehours relies on “rotation”. If youhave signed up to perform pre- orpost- tour overtime, the list rotatesfrom seniority to juniority on aquarterly basis. Once the fourmonth quarter is over, the rotationstarts at the top of the senioritylist, again. If you have signed upon the 8 hour Overtime DesiredList (ODL), the process is thesame.

Now, to be considered for over-time hours, the employee must be“qualified and available” to per-form the work. Logically enough,you are not considered availablefor 8 hour N/S day overtime if theneed for OT falls on your regular-ly scheduled work day. You aretherefore, not available and arebypassed in the rotation and it isawarded to the next available per-son.

For example: If Managementdetermines by the Wednesday ofthe prior week that they will needto issue 8 hours of overtime onSaturday and Sunday of the fol-lowing week, and you are next inrotation but Saturday is your nor-mal Scheduled Day, you arebypassed and the overtime goesto the next ODL employee. Youcannot leap frog over Saturday toclaim overtime on Sunday. Youhave already been bypassed inthe rotation.

I’m sorry, but contractually that’sjust the way it is. If you feelthe system is unfair, you havetwo options; attend theUnion meetings and work tochange our LMOU, or bid tochange your days off to days

more apt to afford you the over-time that you desire.

Moving on, in Maintenance, wehave recently completed a bidcycle in which a higher levelemployee requesting a voluntarydowngrade to a previously heldposition was awarded the bid overan employee on the PromotionEligibility Register (PER). This bidaward caused considerable con-versation and consternationamong, not only the affected par-ties, but the maintenance craftworkers, in general.

I consulted the CBA, JCIM,JCAM, the ELM, the EL-304, theEL-312 and finally, John Gearhart,one of our National BusinessAgents. Imagine my surprisewhen it was determined that theposition was filled correctly!

Here is the relevant pecking orderfrom the JCIM:

• Select the ranking employeeon the appropriate preferredassignment register (PAR)

• An unassigned regularemployee may be assigned tothe vacant duty assignment.

• Consider higher level qualifiedmaintenance employeesrequesting change to a lowerlevel. A “previously submit-ted” written request forassignment to lower levelmust have been submittedprior to the close of the Noticeof Intent.

• Select the ranking employeeon the appropriate PromotionEligibility Register (PER).

Still, further questions arose, i.e.,the employee awarded the posi-tion never passed his qualifyingschool in the position he had pre-viously held. Well, through no faultof his own, the employee wasnever sent to a qualifying school.As our NBA stated to me, neitherhad the employee on thePromotion Eligibility List (PER)ever passed a qualifying school.USPS management contractuallyhas the discretion to select anemployee who has previouslyperformed the job, rather thanpromote one who has not. In thisinstance, the position wascorrectly filled.

Unfortunately, there are otherseparate issues that arose fromthis particular bidding cycle thatare still in dispute and beinginvestigated.

The outcome of the investigationsof these other disputed bidawards will have to be left foranother article.

Solidarity, Prosperity, Peace

Union Matters

Mickey SzymonikMaintenance Craft

DirectorSWFAL APWU

Executive Board Member canresolve your issue. In today'sPostal environment, issues arerarely settled due to the massivemicro-management going on.

Our SWFAL-APWU ExecutiveBoard has received a record num-ber of phone calls, text messagesand e-mails over the past sixmonths. Please bear with us whenreturning you call or message asthere are a multitude of issuesgoing on all over SouthwestFlorida and your representativesare only part time officers workingfull time.

I also want to thank our membersfor stepping up when they believemanagement is doing somethingwrong. I believe our local hassome of the best members in thecountry and the most dedicatedRepresentatives.

Please remember, when youbelieve something is up, you areprobably correct, so please ask tosee your Union Steward and ifnecessary, file a grievance within14 days.

BRIGHTER DAYS AHEAD

While our Postal future seemsbleak at times, we must remainoptimistic of a bright future. Thisbelief will continue to motivate meand I hope it does for every mem-ber of our Union.

Please do not lose the fight in you,as we need to continue the strug-gle. When we give up, we lose allhope and management wins. I,nor any member of our ExecutiveBoard has any intention of givingup, so please continue to rise upand fight the good fight.

Ultimately, we will prevail in ourstruggle for justice, and yes,brighter days lie ahead of us!

PRESIDENT’S REPORTContinued from Page 1

6 THE EAGLE’S EYE AUGUST 2012

The idea thatan organiza-tion whosepurpose is tohelp workingfamilies real-ize livingwages, realbenefits, rea-s o n a b l ew o r k i n ghours andsafe workingc o n d i t i o n scan be characterized as some-thing anti-American and evil, isbeyond reason. And yet, thereare those who continue to attackunions and blame the ills of oureconomy on the unions.Incredible, but true.

Some people are so entwined inthe anti-union rhetoric that theywould deny their own economicwell being rather than be associ-ated with a union.

The anti-union campaign is a wellcoordinated regimen of innuendoand false bravado financed bybillionaires’ intent on destroyingthe influence of the unions.These 1%ers are willing to spendhundreds of millions of dollars toeliminate the unions as opposedto investing into a workforce thatis motivated and highly produc-tive. (As exemplified in the recentWisconsin recall election. Therewere 14 different billionaires thatcontributed to the anti-union side.Most of whom were not fromWisconsin).

In the aftermath of the “CitizensUnited” decision APWU mem-bers must be on guard. We haveseen what has happened inWisconsin when the anti-unionfoes mobilize and spent $8 to $1to protect what they feel issacred anti-union ideology.

Some of these anti-union sup-porters are in the House ofRepresentatives. Speaker JohnBoehner and RepresentativeDarryl Issa (The Oversight andGovernment Reform CommitteeChairman that overlooks theUSPS) are among those out-siders whom contributed to theanti-union side of the recentWisconsin recall election andboth of these fellows are influen-tial concerning any future postallegislation.

In addition we have a PostMaster General who signed anagreement with the APWU andthen a few months later tellsIssa’s Oversight andGovernment Reform Committeethat he would support legislationthat would negate the contractthat he signed his name to.

Doesn’t say much about makingan agreement with our boss nowdoes it.

The forces are lined up againstthe Postal Unions. A lot of moneywill be spent for anti-union candi-dates. Consider this when votingthis fall.

Thanks for listening.

BlamingThe Unions

Scott J. WiserTour 1 Maintenance

StewardFort Myers P&DC

SWFAL APWU

Remember back in the oldendays when you would listen toyour favorite record and at thatone spot you would have to getup and move the needle or hearyour song skip. Well, this is how Ifeel sometimes when I write myarticles for The Eagle’s Eye.

Management has done it onceagain (shown how stupid theycan really become). A couple dif-ferent things happened over thepast month that I feel needs to bebrought to all of our attentions sothat we can work together toresolve the incompetence of ourstupervision.

There was a big count not solong ago. Management decidedthat they needed eight routesconsolidated. They left aCustodian in charge (cool by me)to ensure the job was accom-plished.

One of our fellow craft employ-ees decided that they no longerwanted to do PEG work. Theyinformed their supervisor whodecided to inform the otherCustodian that they were goingto lose their job. You can't just firea full time regular employee, butthis stupervisor thought that theycould.

One of the facilities had a city

water main break. Instead ofallowing the craft employees towork on the problem to resolvethe issue, management decidedto hover. The craft employeesinformed their stupervisors thatthe parts that they were usingwere past their prime, but man-agement told them to try it any-way. The water main wasn'trepaired until the craft employ-ees received the proper equip-ment.

The funny part was that manage-ment decided that the craftemployees weren't working fastenough, called a contractor andspent money to test the water. Abig waste of money.

My last funny, a nice little old ladyslipped and broke her hip. Whenshe infomed stupervision thatshe was suing them for herinjury, Management had the gallto inform them that our facilitiesutilize the Custodial SchedulingWorksheets.

It is too bad that stupervisiondoesn't know how to perform abuilding inventory let along use asimple tool like these work-sheets.

Don't forget to vote.

Keith McGee

Management StuckIn Same Old Groove

The Southwest Florida AreaLocal's biennial election of officersis underway!

The time-frame is as follows:

The election committee is sup-posed to be formed at the August

general membership meeting, perthe constitution. Anyone interestedin serving on this committeeshould plan on attending theAugust meeting on August 26th, orinform one of the officers that youwould like to serve on the commit-tee.

At the October general member-ship meeting, nominations aremade and unopposed candidatesare elected by acclamation.Anyone interested in running foroffice must be a member in goodstanding as of the date of theOctober 2012 meeting.

The ballots are prepared for mail-ing around the first week ofNovember to comply with the con-stitution's criteria for the mailingdate.

The election always takes placeon December 10th, which falls ona Monday this year.

At the very least, election commit-tee members should plan for a fullwork-day on the early-Novemberdate (to be determined) when bal-lots are prepped for mailing, andanything from a half-day to a fullday opening, verifying, and tallyingballots on Monday December10th.

If you are planning to run for office,you may not serve on the electioncommittee. Anyone else is warmlywelcomed.

Barbara Carr

Southwest Florida Area LocalAPWU Election Update

AUGUST 2012 THE EAGLE’S EYE 7

Count me in and enroll me as anAPWU Retiree for only $3 a month!

Complete details for the following are listed in APWU National Constitution andBylaws.

� OPTION 1Retiree Membership of only $36 per year, ANNUITY DEDUCTION ofretiree $3 dues monthly.

Privileges: The right to vote and run for office as a Retiree NationalConvention Delegate or National Director of the APWU Retirees Department.

� OPTION 2Retiree Membership of $36 per year plus APWU NationalPer Capita Tax, ANNUITY DEDUCTION of approximately$23 per month. *

Privileges: Same as OPTION 1 plus eligible to participate in nationalelections (limited to areas outlined in the election rules).

� OPTION 3Retiree Membership of $36 per year plus APWU full dues(National Per Capita Tax and local dues), ANNUITY DEDUCTIONof retiree $3 dues monthly. You will be billed for the National Per CapitaTax and the required local dues amount. This amount will vary fromapproximately $200 to $600 annually.* (Note: Constitution orreinstatement of full dues-paying membership requires compliancewith Article 3, Section 4 of the APWU National Constitution and Bylaws.This language can be reviewed on the APWU web-page,www.apwu.org, in the Secretary-Treasurer section under “Constitution and Bylaws”).

Privileges: Same as OPTION 2 plus eligible for full local and nationalmembership rights.

* For Options 2 and 3 only, contact 202-842-4288 to find out thecurrent amount.

I have alwaysbeen certainthat as anAmerican citi-zen, we havethe right toa s s e m b l eand meet withone another.

As a unionmember forthe past 30years I havenoticed that people seem to takethat right for granted. Example; Iattend local Lee CountyCommission Meetings and FortMyers City Council Meetings andAPWU Meetings.

There are more than 50,000 resi-dents in Fort Myers, yet the meet-ings are generally attended by ahandful of residents. The samewith the Lee County CommissionMeetings. As for APWU meetings,I need not continue beating a deadhorse in reminding members thatthey do not, and should attend themonthly union meeting.

As a retiree, I attend the meetingto ensure that I remain active toprotect my Postal RetirementPension. The others who attendeach have their own reason for

attending and I applaud them fortheir loyalty to collective bargain-ing. In these troubled times inAmerica, nothing can be taken forgranted.

Just try quitting your job and go towork for a non-union company.There's not a single private sectorsupervisor who will tell you to hiton standby and go to your breakroom and watch videos or JerrySpringer. You'll be working non-stop, doing everyone else's job.

One day, at the rate we're going,we may lose our right to assemble.Things we used to take for grantedwere: Gasoline, 19 cents a gallon.Water for free! Free TV!! Themovies, 15 cents. $12.00 tele-phone bills. Eggs @ 19 cents perdozen. I am sure many of you canthink of countless examples suchas these I have mentioned above.

Stop taking for granted that youwill always have a union to meetwith once a month. At the ratethings are going, you may loseyour right to assemble. I hopeeach of you will be as fortunate asmany of us retirees, and actuallyget to see retirement.

Yours in Solidarity,Lorenzo

Our American RightTo Assemble

Lorenzo TindalPresident

Retiree’s ChapterSWFAL APWU

I was encouraged recently when Iread of an arbitrator’s decisioninvolving the Redondo Beach PostOffice in California. Although thecase was filed by NALC, it is a vic-tory for all postal workers. Thecase involved an abusive supervi-sor and the zero tolerance policyof the USPS.

The award summary stated thatRedondo Beach Post Office man-agement and Los Angeles Districtmanagement violated the JointStatement on Violence andBehavior in the Work Place whenlocal management engaged in andignored, and Los Angeles DistrictManagement failed to act on a

supervisor’s egregious conduct insexually harassing, bullying, intim-idating, threatening, humiliatingand demeaned letter carriers inthe Redondo Beach Post Office.The award will include an officialwritten apology from the DistrictManager. The abusive managerhas been removed, although it is

unclear if that is a settled issue.However, one of the provisions ofthe award provides that this man-ager will never directly, or indirect-ly, supervise letter carriers again.

If the USPS wants to move for-ward, it will have to leave abusivemanagers behind.

Greetings From Bokeelia

8 THE EAGLE’S EYE AUGUST 2012

Your ElectedOfficials

President Barack ObamaWeb Site:

www.whitehouse.govE-mail:

president@whitehouse.govPhone: 202-456-1414

Fax: 202-456-2461Capital Address:

1600 Pennsylvania Ave. NWWashington, DC 20500

Senator Bill NelsonWeb Site:

www.billnelson.senate.govE-mail:

senator@billnelson.senate.govPhone: 202-224-5274

Fax: 202-228-2183Capital Address:

716 Hart Senate OfficeBuilding

Washington, DC 20510-0905District Office:

Tallahassee, FLDistrict Phone: 850-942-8415

Senator Marco RubioPhone: 202-224-3041

Fax: 202-228-5171Capital Address:

524 Hart Senate OfficeBuilding

Washington, DC 20510-0903District Office:

Tallahassee, FLDistrict Phone: 813-207-0509

Our members live in several dif-ferent districts. For your repre-sentative’s information, go towww.congress.org. Enter yourzip code and the web site doesthe rest. You can e-mail most ofyour representatives at oncewith a click of your mouse atthis web site. Their votingrecords are also available here.Check it out! Let them knowhow you feel, it’s your DUTY!

THE EAGLE’S EYE

EDITORIAL POLICY

The Eagle’s Eye is the official pub-lication of the Southwest FloridaArea Local, APWU, AFL-CIO. Theeditor has the right to determinewhether the material submittedshall be printed, and has the rightto edit as needed. It is the policy ofthis newsletter to disallow anyattacks on individuals. Opinionsexpressed are those of the writers,and not necessarily those of theExecutive Board. The deadline forsubmission of all articles is the dayof the monthly membership meet-ing. You must be an APWU mem-ber to submit an article. Name maybe withheld upon request. All arti-cles may be reprinted with propercredit given.

Southwest Florida Area LocalMembership News

Lorenzo Tindal and GabinaHerrera Lopez were engaged onJune 22, 2012. Gabina lives inSanto Domingo, DominicanRepublic. Gabina is a RegisteredNurse of 23 years in the MaternityDelivery Department of a majorhospital in Santo Domingo.Gabina is bi-lingual and a formerhigh fashion model.

Congratulations, Lorenzo andGabina!

If you have news that you feelwould be of interest to ourSouthwest Florida Area Localmembers, and would like to havethe information listed in the nextissue of The Eagle’s Eye, pleaseemail submissions to The Eagle'sEye editor at EdSWFAL@aol.com.