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Click on "Scott Miller Award" above, for criteria on the Third Annual Scott Miller Rescuer's Award in memory of Boston Metro member, Scott Miller. It is available to all present and retired APWU members and members of their immediate and extended family, across the country, in recognition of life-saving acts and heroic actions.
DEADLINE FOR THE 2009 SCOTT MILLER AWARD IS LABOR DAY 2009.
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AMERICAN POSTAL WORKERS UNION
AFL-CIO
BOSTON METRO AREA LOCAL 100
137 SOUTH STREET, BOSTON, MA 02111
Re-scheduled
Membership Meeting /Cookout
SUNDAY, JULY 26, 2009
10:00AM – 3:00PM
CASTLE ISLAND, SO.BOSTON
(On Day Boulevard. Take the U/MASS / JFK LIBRARY / COLUMBIA ROAD Exit 15
off the Expressway. Follow the beach to the end of the Causeway)
AGENDA: PRESIDENT'S REPORT
V.P./TREASURER'S REPORT
INDUSTRIAL RELATIONS REPORT
CRAFT REPORTS
We are happy to announce our first Membership Meeting/Cookout to be held at Castle Island in South Boston on July 12th. We hope to see many Boston Metro brothers and sisters and their families.
Bring your beach chairs and come enjoy the day with us. The picnic area is directly in front of Fort Independence.
Please contact the union office as soon as possible (@ 617-423-2798) to let us know if you plan to attend so we can plan accordingly for the food and refreshments. There is no cost to our members or their families.
Again, please call the union office or notify your steward by Friday, July 10th. Thanks.
MARIE ALLOUISE MOE LEPORE
Recording Secretary General President
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BULLETIN. . . June 24, 2009
BOSTON METRO A.P.W.U. TO PLACE A WREATH
AT THE TOMB OF THE UNKNOWN SOLDIER
SATURDAY, SEPTEMBER 12, 2009
It is with great honor that we invite our brothers and sisters to join us in a special ceremony to take place at the Tomb of the Unknown Soldier in Arlington National Cemetery on Saturday, September 12, 2009, at 9:00AM.
Brothers and sisters from our local will be placing a wreath at the Tomb honoring all A.P.W.U. brothers and sisters and their families who have served and/or are serving in the United States Military. We have invited National President, Bill Burrus, to join us, along with all national officers.
This will be a great day for the American Postal Workers Union throughout the country as we show tribute to our Veterans.
Brothers and sisters who may be interested in joining us please contact the union hall by August 15th. If there is enough interest from our membership, then a bus will be utilized to take us to Arlington National Cemetery. Due to the time of the ceremony, we will be departing Boston late Friday night and returning Saturday evening.
Plans have not yet been finalized until the union has an idea of how many brothers and sisters would like to take part in this historic journey.
Yours in Union Solidarity,
Moe Lepore, General President
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BULLETIN . . . JUNE 24, 2009
APWU on Five-Day Delivery: Don’t Do It!
APWU Web News Article #071-09, June 22, 2009
The APWU has given a straightforward response to a USPS request for input regarding five-day mail delivery: "Don’t do it!"
"The American Postal Workers Union submits in the strongest possible terms our insistence that the Postal Service refrain from conversion to five-day delivery," APWU President William Burrus wrote on June 18. "The consequences of the proposed change far outweigh the expected monetary benefits associated with delivery reduction."
Burrus’ letter was in response to a notice from the USPS Vice President for Labor Relations, which said the Postal Service plans to complete a study of the concept within 60 days. "Our interest is in gathering, in this short time frame, as much input from interested parties as possible," the June 10 letter said; it asked for a response from the union just nine days later.
If five-day delivery is enacted, Burrus declared, "History will record this act as the first step in the dismantling of the United States mail system." A reduction in the number of delivery days will result in "negative changes to employee staffing and scheduling," the union president noted. Although the changes are intended to reduce personnel costs, "Any service organization that reduces service invites its own demise," he said.
"This decision is the worst possible response to unusual circumstances that have adversely affected mail volume," the union president wrote. It assumes that the economy will not recover, and that mail will not serve as a viable medium for commercial activities.
"I strongly disagree, and advise that you don’t do it!"
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Economic Downturn Spurs Consideration
The USPS first proposed reducing delivery from six days to five earlier this year, when Postmaster General John E. Potter outlined the Postal Service's options for solving its severe financial problems. The postmaster general told a Senate Subcommittee on Jan. 28, 2009, that declining mail volume, the severe economic downturn, and the requirement to pre-fund healthcare benefits for retirees had driven the Postal Service into an "acute fiscal crisis." The postmaster general announced a series of cost-cutting measures and asked Congress to "remove the annual appropriation bill rider, first adopted in 1983, that requires the Postal Service to deliver mail six days each week."
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BULLETIN. . . June 19, 2009
"CHANGE CAMPAIGN 2009" RAFFLE
CONGRATULATIONS TO THE WINNERS OF
THE JUNE DRAWING
1st Place - $250 Keith Clark, M.V.S. Craft
2nd Place - $100 Sandy Broderick, Maint. Craft
3rd Place - $50 Thomas Mulledy, M.V.S. Craft
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There was also a "Steward Incentive" drawing for raffle ticket sales. The winners were:
1st Place $250 John Uccello, Lexington P.O.
2nd Place $100 Joan McCaughey, Harvard Sq. P.O.
3rd Place $50 Mary Flanagan, Roslindale P.O.
Congratulations to all.
Sincerely,
Bob Dempsey, Vice President-Treasurer
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BULLETIN. . . June 11, 2009
To All Members/All Crafts:
Re: Filling Out 3971s
Recently our office received several questions and complaints from the membership concerning the proper way to fill out a 3971. Under Article 10 of the Local Agreement, requests for leave other than for an emergency, or choice / non-choice vacation, shall be submitted on Form 3971 – at least 48 hours in advance. Such requests must be acted on within 48 hours. The request should be filled out in triplicate.
If any member has to call in for emergency annual leave, sick leave, and/or FMLA, I would urge you to immediately - upon return to work - fill out a Form 3971 so you may put your reasons in the "remarks" section; or if one has been filled out already, to please read it carefully to make sure the 3971 states whatever reason you called in for.
If the 3971 is not correct, either cross the mistake out or, better yet, make out a new 3971. Too many members are signing 3971s without reading them first. Management all too often will add a comment in the remarks section that is not correct. If you call in for FMLA, make sure it states FMLA!
If management does not adhere to Article 10 concerning their responsibilities, please ask for a steward to file the appropriate grievance.
Yours in Union Solidarity,
Paul Kilduff, Jr., Director Industrial Relations
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May 2009
The following letter was sent to all Boston Metro Window Clerks recently.
Dear Brothers and Sisters,
We are writing this letter to you because we believe it is necessary. No one has to tell you what management is doing to the window clerk positions –– not only here in Boston Metro, but throughout America.
After lo these many years, I guess you have heard it all from me and other officers of how management tries every day to put more pressure on you as you deal with the public. We don’t pretend to know all the concerns you deal with each day, however we surely know we can help you protect your job.
Management has put us all in a state of frustration with their policy of selling off the United States Postal Service. You see, there are protections in place which are designed to allow you to perform your job properly; and in a perfect world, we know it would work well.
The long lines, customer belligerence towards you, the boss on your back all day. These are things management uses to force you to work without the allotted time, like inputting transactions one at a time, etc., and assorted short-cuts you do in order to take care of the public and have some relief from the boss, whose only goal is revenue at all costs, even if it means your bid.
Knowing the landscape, we request that you think of the following. The lines will always be there and will increase as management arbitrarily abolishes a window job in your office. By doing your job in the prescribed allotted time, management will have no choice but to cease the dismantling of our window clerk positions.
We are continuing to inform the public and our legislators of your plight with the hope that the American public will realize it is not you but management who fosters long lines, delayed mail, upselling, etc. That is starting to happen. It does not relieve you now of all the angst but, believe me, that is our goal. We ask that you please try – as best you can – to make the moves at the clock related to your window clerk service, and using the provisions designed to allow you to make all transactions properly and timely.
America will never forget that when her knees were buckling from the terrorist attack of 9/11 and the subsequent bio-chemical attack on the United States Postal Service, that you saved our country by continuing to work in the face of extreme uncertainty and danger, and you continue your great sense of duty today as an American laborer.
Thank you for reading this letter. We promise the A.P.W.U. is keenly aware of the atmosphere you are forced to work in. We are daily addressing this insanity and will do all in our power to stop the assault on your job.
Please think about the fact you have a job in the United States Postal Service that is vital to America, and the public knows this to be true! After all, many folks you interact with each day have developed positive relationships with the United States Postal Service through your good service every day.
A sincere "thank you" from all the officers and stewards of our great local for your continued support every day and your daily sacrifices to maintain this great union of ours.
Yours in Union Solidarity,
Moe Lepore Bob Dempsey Paul Kilduff, Dir. Bob Keough
Gen. President VP/Treasurer Indus. Relations Clerk Pres.
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BULLETIN. . . June 2009
HOLIDAY LEAVE PROVISIONS
LOCAL AGREEMENT & NATIONAL AGREEMENT
The summer vacation period has now started. Many calls are received at the union hall regarding holidays and the provision of Annual Leave in conjunction with a holiday. Below is the Local Agreement language that explains the holiday in conjunction rule.
(Local Agreement, Article 10, Miscellaneous, 4.c.)
c. When a holiday falls in conjunction with the leave requested, annual leave requests for three (3) days or less will not be accepted before 21 days prior to the service week in which the holiday falls, or after 14 days prior to the service week in which the holiday falls. Requests will be approved or disapproved by the Tuesday prior to the service week in which the holiday falls. Seniority will be the determining factor.
The easiest way to ascertain this time frame to submit Annual Leave in conjunction with a holiday is to look at the service week in which the holiday falls within. The service week starts on Saturday. Count back three Saturdays from that date. Once you have that day, go forward to the next Friday. That is the week to submit for Annual Leave in conjunction with the holiday.
This year the 4th of July holiday is on Saturday. The week to submit Annual Leave in conjunction with the 4th of July holiday is June 13 through June 19, 2009 (which is the following Friday).
The National Agreement language regarding Holiday on Non-Work Day is printed below.
(National Agreement, Article 11, Section 5 & 6)
5. Holidays on Non-Work Day
A. When a holiday falls on Sunday, the following Monday will be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday.
B. When an employee’s scheduled non-work day falls on a day observed as a holiday, the employee’s scheduled workday preceding the holiday shall be designated as that employee’s holiday.
6. Holiday Schedule
A. The Employer will determine the number and categories of employees needed for holiday work and a schedule shall be posted as of the Tuesday preceding the service week in which the holiday falls.
The three day holiday schedule always is the holiday (actual day) plus two successive days prior, i.e. 4th of July this year is Saturday.
This year this holiday schedule will be Thursday, Friday & Saturday (July 2 - 4).
Yours in Union Solidarity,
Moe Lepore
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BULLETIN. . . MAY 19, 2009
PROTECTING OUR WORK AS WINDOW CLERKS TODAY
The battle to protect our brother and sister window clerks’ positions in stations and branches throughout Boston Metro rages on. To that end, American Postal Workers Union has been distributing much information to our officers, stewards and members which will absolutely help us protect your craft work.
Key among these job saving measures is the necessity to ensure your moves onto other operations is credited towards your window service. By doing so, the hours of work performed off the window will clearly demonstrate that management is abolishing window positions needlessly and in a cavalier manner.
We are asking all window clerks to help your union in our never-ending struggle to save your valued position. Every brother and sister window clerk is protected by the National Agreement in regards to time allowed to perform functions of your job. Management has no doubt made your job much harder by constantly harassing and trying to intimidate us to the point many are ignoring these rights to get the lines down, etc.
A.P.W.U. is continuing to expose management’s attack on window clerk employees to our legislators in hopes of forcing the United States Postal Service to give up this dangerous posture of swaying the public from post offices to alternative mailing venues.
We can stem the tide if we follow these guidelines, especially hitting onto other window clerk related duties. Management’s business motto of doing much more with less is what put the Service into this financial mess, among other hair-brained ventures. A.P.W.U. is fighting for more positions, not just trying to maintain the status quo.
Yours in Union Solidarity,
Moe Lepore, General President
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BULLETIN. . . 2009
CHANGE CAMPAIGN 2009 RAFFLE
CONGRATULATIONS TO THE WINNERS OF THE "CHANGE CAMPAIGN 2009" DRAWINGS FOR JANUARY THROUGH JUNE
January - 1st Place $250 John Brosnahan, Maint., Cambridge
2nd Place $100 Greg Finn, M.V.S. Craft
3rd Place $50 Ann Marie Minchello, Clerk, Boston
February - 1st Place $250 Bill Newman, M.V.S. Craft
2nd Place $100 Joe Pellecchia, Clerk, Medford
3rd Place $50 Sandra Roche, Clerk, Kenmore Station
March - 1st Place $250 Brian Dempsey
2nd Place $100 Fred Rossi, M.V.S. Craft
3rd Place $50 Bruce Pearson, Clerk, Brookline Village
April - 1st Place $250 Al Manzo, M.V.S. Craft
2nd Place $100 Joe Courtney, Clerk, Codman Sq.
3rd Place $50 Tom Keady, Clerk, Codman Sq.
May - 1st Place $250 John McKenney, M.V.S. Craft
2nd Place $100 Joe Buckley, Clerk, Kenmore Station
3rd Place $50 Ed Gill, M.V.S. Craft
June - 1st Place $250 Keith Clark, M.V.S. Craft
2nd Place $100 Sandy Broderick, Maint. Craft
3rd Place $50 Thomas Mulledy, M.V.S. Craft
There was also a "Steward Incentive" drawing at the June meeting for raffle ticket sales. The winners were:
1st Place $250 - John Uccello, Lexington Post Office
2nd Place $100 - Joan McCaughey, Harvard Sq. Post Office
3rd Place $50 - Mary Flanagan, Roslindale Post Office
Sincerely, Bob Dempsey, Vice President-Treasurer
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BULLETIN. . . April 27, 2009
FIRST QUARTER V.O.E. SURVEY DRAWING
At the April 19, 2009, Seminar/Membership Meeting, the winners of the First Quarter 2009 V.O.E. Survey Drawing were picked. Congratulations to the following winners.
Five Winners of $100 each
Linda Balakovich, NWB
Edward Loan, GMF
Stephen Leary, NWB
Maria Silvestri, GMF
Coreen Silvey, VMF
Please remember to send in your survey to be eligible for the upcoming quarters. This is your First Class Mail so don’t be intimidated. Any threat made by management concerning you not giving them this survey back is weak and unenforceable. Don’t be tempted by some cheap offer of extra time. The Local is putting their money where their mouth is. Help us help each other.
Send us your survey!
In Union Solidarity,
The Survey Committee
Scott Hoffman Bob Keough Bob Dempsey
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Official Personnel Files
For reasons "unknown", just about every piece of discipline ever issued over most people’s career is available for viewing in your "eOPF" which is available on liteblue.usps.gov. Management has scanned our "Official Personnel Files" into their database, including all the discipline and decision letters that should have been "expunged and removed from all files" years ago.
Please visit: liteblue.usps.gov, and log in and view your "eOPF", and then make a list requesting all the items to be removed, and send it to Labor Relations, U.S.P.S., 25 Dorchester Ave., Boston, MA 02205.
I’ve been informed that Labor Relations has the authority to "locally" remove these items that don’t belong in our "eOPF". I would suggest using the following format as a "cut & paste" from the computer to make things easier.
Form ID Description Form Category Effective Date
OTHER Other Form Type Other 11/01/2002
DISC. Disc. Notice or decision ltr Discipline 09/22/1989
I heard stories of some supervisors viewing information that they shouldn’t be entitled to find, so please request this information be removed "yesterday".
In Union Unity,
Bob Dempsey,Vice President/Treasurer
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New APWU FMLA Forms Available
(You can access the new FMLA forms on the Home Page of this website.)
The APWU - FMLA forms have been updated to meet revised certification requirements that took effect Jan. 16, 2009. The forms have also been renumbered. APWU Form 1 is for leave for an employee's own serious health condition and APWU Form 2 is for leave to care for a family member's serious health condition. APWU Forms 3 and 4 are new and are for employees who are requesting military family leave under the new regulations.
Please note that the FMLA does not require the use of any specific form, as long as the necessary information is provided. The APWU’s revised forms are the recommended forms for APWU members to use when requesting Family and Medical Leave.
Although the law does not require that medical certification be provided in any specific format, the new FMLA regulations do require additional information on the certification form. The new APWU FMLA forms now include spaces for 1) the Health Care Provider’s (HCP) telephone number, fax number, and type of medical practice/specialty; and 2) if the employee is requesting intermittent or reduced-schedule leave to care for a family member with a serious health condition, a brief statement explaining why such care is necessary.
Changes
Included among the changes to the FMLA regulations are: a narrowing of the definition of "serious health condition;" requirements for additional medical documentation; requirements that medical documentation be provided more frequently, and permission for employers to contact an employee’s healthcare provider directly, without the employees’ knowledge or permission. The new rules also shorten the amount of time that employees have to provide notice of leave, while giving employers more time to provide notice of eligibility and more time to designate the leave as FMLA.
On the positive side, the new regulations provide special leave rights for military families. The rule allows employees in military families to take leave to care for ill or injured service members and to take leave to help manage the affairs of service members who are away on active duty. A summary of the changes can be found at http://www.apwu.org/issues-fmla/analysis.htm.
DOL FORMS
The notice the Postal Service sent the APWU dated January 13, 2009, included changes to the DOL forms, plus a copy of an employee service talk. Please note that, although neither party can dictate how they draft instructions or directives to the field, the employee service talk was subsequently revised at the APWU’s suggestion.
The new DOL forms are as follows:
A new WH-380-E, "Certification of Health Care Provider for Employee’s Serious Health Condition," and WH-380-F, "Certification of Health Care Provider for Family Member’s Serious Health Condition," which replace the old WH-380, "Certification of Health Care Provider";
A new WH-381 that will replace USPS Publication 71, "Notice for Employees requesting Leave for Conditions Covered by the Family and Medical Leave Act," to provide written notification detailing the employer’s specific expectations and obligations of an employee taking FMLA protected leave;
A new WH-382, "Designation Notice," to meet the employer’s obligation to designate leave as FMLA-protected and inform the employee of the amount of leave that will be counted against the employee’s FMLA leave entitlement. The WH-382 form is also used to inform employees of any additional information that may be needed, and/or whether a second or third opinion is being requested by the Postal Service.
A new WH-384, "Certification of Qualifying Exigency For Military Family Leave," and a new WH-385, "Certification for Serious Injury or Illness of Covered Service Member – for Military Family Leave."
Please note that the two new "optional" medical certification forms created by the DOL to replace the old optional WH-380 permit the healthcare provider to provide information beyond what is actually required. For example, while the new "optional" WH-380-E and WH-380-F forms expressly allow the healthcare provider to state the employee’s medical diagnosis on the form, they are not required to do so.
The APWU’s position has not changed: An employee’s medical diagnosis is private health information that need not, and is not, required to be stated on the form. There were no changes in the law to require the employee’s medical diagnosis to be included on the form. If an employee decides not to use the APWU’s forms and instead chooses to use one of the "optional" WH-380 forms, they should tell their healthcare provider to only state the basic "medical facts" concerning the general nature of their condition, not their medical diagnosis or prognosis.
APWU’s FMLA Medical Certification Forms
The APWU has updated our FMLA forms and created two new FMLA forms for employees in military families. Please note that the APWU forms have also been renumbered.
APWU Form #1 is for leave for an employee’s own serious health condition.
APWU Form #2 is for leave to care for a family member’s serious health condition.
APWU Forms #3 and #4 are for employees who are requesting military family leave under the new regulations:
APWU Form #3 is for certification of a qualifying exigency, and
APWU Form #4 is for military caregiver leave.
Incomplete or Insufficient Medical Certification
Regardless of which forms are used, if the certification is incomplete or insufficient, the new regulations require the Postal Service to state, in writing, what additional information is necessary to make the certification complete and sufficient, and to give employees the opportunity to submit the additional information. The Postal Service will be using DOL Form WH-382, "Designation Notice", in order to meet its obligation to designate leave as FMLA-protected and inform the employee of the amount of leave that will be counted against the employee’s FMLA leave entitlement. The WH-382 form is also used to inform employees what additional information may be needed, if any, and/or whether a second or third opinion is being requested by the Postal Service.
We have also been informed that when additional information is required, the Postal Service will make a copy of the medical certification that was submitted, then return it to the employee for the additional information.
Despite the fact that an employee may have submitted their medical documentation using an APWU Medical Certification Form, or any other format for FML medical documentation, the Postal Service will return the employee’s medical certification, along with the "optional" DOL forms WH-380-E, "Certification of Health Care Provider For Employee’s Serious Health Condition" or WH-380-F, "Certification of Health Care Provider For Family Member’s Serious Health Condition".
It is the APWU’s position that once an employee has submitted an APWU Medical Certification Form or any other form for FML documentation, there is no need or requirement to use a different format or the optional WH-380 forms to provide additional required information. Employees should be advised to use the same form, and simply have their HCP add the additional required information to the original certification, or provide it on a separate sheet of paper.
We will be having on-going discussions with the Postal Service regarding the implementation of changes to the FMLA, and any problems that may develop in the field. If there is an issue concerning whether or not management has a right to certain information, the local union may contact their respective National Business Agent or the Industrial Relations Department.
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CLERK CRAFT - - VACATION SIGN-UP PERIOD
The following Local Agreement language in the Clerk Craft speaks to the vacation sign-up chart. Every year there are problems with this provision solely due to management not doing their job. If your manager is not complying with this provision of Article 10, please contact your steward or the union hall as soon as possible. This vacation sign-up chart must be posted in your section during the first service week in May. No ifs, ands or buts. If we don’t force the supervisor or manager in your office to do their job, chaos can set in.
THIS YEAR MEMORIAL DAY IS MONDAY, MAY 25.
THE CHOICE VACATION PERIOD IS
MAY 23 - SEPTEMBER 25, 2009.
Remember - - this is your vacation. Don’t let your boss screw it up!
A. The choice vacation period for the clerk craft shall be eighteen (18) consecutive weeks starting with the last service week in May that contains Memorial Day.
B. Selection and award of choice vacation shall be determined by craft seniority, by tour, section, and occupational code. Sections for leave purposes are those outlined in Article 12, section D and E.
C. In the clerk craft, fourteen percent (14%) per week of the clerk craft complement of each occupational code within the section, by tour, by seniority, shall be allowed off each week during the choice vacation period.
The same procedures will apply to part-time regular clerks within their own bid sections; however, their seniority will not be combined with full-time and part-time flexible clerks for vacation purposes. Part-time regular clerks will be figured separately. When computing the percentage, any fraction .25 and over will be carried over to the next full number.
G. Allocation of vacations in the choice vacation period shall be through the use of sign-up vacation charts, following the procedure outlined in C. above. Sign-up for choice vacation will begin on March 15 and terminate on April 15. The vacation charts will be posted in their respective sections during the first service week in May.
During the two (2) week period immediately after the charts are posted, any open vacation weeks may be requested by clerks in the section in increments of five (5) consecutive work days and may be granted, by seniority. If a clerk leaves a section for any reason after the vacation chart has been posted, approving his/her vacation period, the clerk will retain the approved vacation. However, this does not create an open vacation period within that section.
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REASSESSMENT UPDATE
Management has notified our office of their intentions to proceed with the last step of the National Reassessment Process.
Many of you probably already have received a letter for a second interview, which is titled a "No Work Available" interview. Anyone involved with this process knows the Postal Service intends to end your postal career on that day.
Please contact the union office as soon as possible once you receive your second letter. If you have any recent medical evidence that shows a change in your condition, please bring the medical evidence with you at that interview.
In Union Unity,
Paul Kilduff, Director Industrial Relations
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BULLETIN. . . Feb. 12, 2009
FIGHTING TO PROTECT OUR
BROTHER AND SISTER WINDOW CLERKS
Brothers and Sisters,
There is no doubt the assault on the window clerk positions is continuing at a rapid pace. As clerks in these skilled positions, you live it every day – from the anti-union "mystery shopper" harassment to understaffing. The Function 4 process is taking our jobs, and we must prevent this attack.
As you know, our local presented a seminar designed to protect our brother and sister window clerks. It was well attended, however there are a great many of us who, for unknown reasons, are not utilizing the tools available to protect our work.
Brothers and sisters, we can’t stand idly by without putting forth a concerted effort to save our future in the clerk craft, of which the window clerk position is an integral part of.
In the very near future we will be visiting all of our offices with information which will help you receive credit for all hours affiliated with your position.
The battle is raging throughout the country in this industry. American Postal Workers Union is committed to protecting our membership at all costs within the Law and Collective Bargaining Agreement.
Yours in Union Solidarity,
Moe Lepore, General President
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| BULLETIN. . . Dec. 4, 2008
Union Files Unfair Labor Practice Charge
Over Elimination of Tour 2
APWU Web News Article #114-08, Nov. 25, 2008
The APWU has filed an Unfair Labor Practice charge against the Postal Service alleging that management failed to bargain over a nationwide plan to consolidate mail processing into two tours — a plan that would eliminate or greatly reduce the number of assignments on Tour 2. The charge, filed Nov. 25 with the National Labor Relations Board, also asserts that the Postal Service failed to provide information to the union regarding this initiative.
In addition, the union contends that it "can show that the Postal Service answered the Union’s request for information dishonestly," which constitutes an independent violation of management’s obligation to bargain in good faith.
The APWU has requested immediate, injunctive relief, asserting that without such relief the initiative would be completed before the board would be able to address the charge. "Injunctive relief requiring the Postal Service to provide information and to bargain is needed now," the complaint says.
The union’s national headquarters learned of the Postal Service’s plan to consolidate mail processing operations into two tours (and to eliminate Tour 2) from information provided by local and state presidents in October.
APWU President William Burrus wrote to the Postal Service on Oct. 17, noting that the union had not been informed of the program and asserting that such a program would therefore violate the Collective Bargaining Agreement. He asked the USPS to provide documentation detailing the specifics of the program, and requested a meeting with postal managers who were knowledgeable about the plan.
In a response dated Nov. 14, the Postal Service denied that it is "considering or is in the process of implementing a nationwide program establishing a two-tour operation, which is intended to eliminate or greatly reduce Tour 2 assignments, operations, and staffing."
Management wrote, "While the Postal Service is reviewing various options designed to improve operational efficiencies in light of decreased mail volume, the Postal Service has not implemented the nationwide program you suggest. Rather, operations will be reviewed on a site-by-site basis and any action taken to improve operational efficiencies will be based on local circumstances."
The letter also said, "Regarding your request to produce documentation regarding ‘any nationwide or region- or district-wide program, plans or initiatives to eliminate or reduce Tour 2 operations and/or Tour 2 staffing,’" no such documentation exists."
Burrus called the Postal Service’s response "fundamentally dishonest. The union will do everything in our power to rectify this violation of our members’ rights," he said.
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BULLETIN. . . Dec. 10, 2008
THE BATTLE CONTINUES FOR OUR WORK
IN A.P.W.U.
The Postal Service has thrown caution to the wind, and the work that belongs to A.P.W.U. is steadily being performed by management and/or assigned to other unions.
Brothers and sisters, A.P.W.U. has secured tens of thousands of dollars for the specific craft when we document what is being done. Make no mistake, we want the work – not the money; however, the vehicle to stop this attack on our work is to file that grievance and give the union details of the violation. With our work being farmed out – contracted out – and the like, we as unionists must ensure we protect all of our work.
I would ask everyone in A.P.W.U. to remain vigilant as we fight to protect our work. Let us go into ’09 with a renewed vigor to absolutely protect our future by ensuring your job is safe and this can be accomplished by filing that grievance.
It’s up to us to save our work – no one will do this for us. Help us strengthen A.P.W.U. jobs in all three crafts. This is one area where the membership can, in fact, stop the onslaught of stealing our work.
IF MANAGEMENT WANTS TO DO CRAFT WORK,
THEN GO BACK TO THE CRAFT!
Yours in Union Solidarity,
Moe Lepore, General President
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BULLETIN. . . Dec. 17, 2008
TRAVELING WINDOW CLERKS
Management continues to misuse the R&P window clerks to avoid paying overtime. If management sends you to a different assignment (station) during your tour of duty, they cannot require you to use your own vehicle to get there. If you do, they should reimburse you for your mileage.
If management requires you to cover multiple assignments / vacancies during the course of your day, ask them to provide transportation. If not, ask them for a PS Form 1164-E (eTravel Expense Report – Local Travel).
When leaving your first assignment, make sure you make a TACS move (onto Operation 621 – Travel move), and then another move (to whatever operation number that is appropriate) when you arrive at the new destination.
If you experience any problems with the above or have any questions, please contact your steward.
Sincerely,
Bob Dempsey, Vice President/Treasurer
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BULLETIN . . .
IMPORTANT NOTICE
Military Family Leave
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of the NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are entitled to up to 12 weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining "any qualifying exigency." In the interim, employers are encouraged to provide this type of leave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during "a single 12-month period" during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated is available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.
U. S. Wage and Hour Division
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BULLETIN. . . February 14, 2008
BEWARE OF PS FORM 2488
Brothers and Sisters,
Below in a reprint of an article in the Kansas Kaw Valley Local #238. This information is vital for all brothers and sisters who suffer an on-the-job injury.
– DO NOT SIGN – PS FORM 2488 –
Injured employees have many forms placed in front of them to sign. Most are standard DOL forms for OWCP. However, the Injury Comp office is requesting update information from limited duty employees and includes PS Form 2488 in the package they send out. The DOL Vocational Rehab nurse is also presenting this optional form to employees.
PS Form 2488 is a Postal - - not OWCP form!
It is authorization for medical reports — for your lifetime medical history.
DO NOT EVER SIGN THIS FORM ! ! !
It gives postal management authorization to dig through all your medical records from your birth to the present. The form is voluntary, NOT MANDATORY. BEWARE!!!
Postal management has no business knowing your private, unrelated medical history, and they have no right to pry into your personal information. DO NOT ALLOW THEM ACCESS!
If management or the rehab nurse tells an employee that they need to sign this form in order to process their claim, IT IS A LIE. As a matter of fact, you are not required to sign any form presented to you. Make sure you take time to read every one of them.
Information obtained from a PS Form 2488 may be used to deny claims and prompt Workers Comp fraud investigations by Postal Inspectors. Always read any form placed in front of you, and insist on your rights under the law and our contract. If you have any concerns/questions, ask for a union steward.
Yours in Union Solidarity,
Moe Lepore, General President
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APWU Members Can Access,
Update Personal Information Online
APWU Web News Article #12-08, Feb. 6, 2008
APWU members can now access and change their personal contact information with the union online when they visit www.apwu.org.
The updating process is simple and secure. Look for Members Only just under the blue page header, and select My Local & Personal Info. This will take you to on log-in page. Follow the log-in instructions to access your member-profile page.
On your personal page, on the left-hand side, you will see My Profile. When you click your name, you will be directed to a page with your personal contact information, including mailing address, e-mail address, and home phone number.
Select Edit in the row of buttons near the top of the page and you will be presented with an interactive form. Make any changes you feel are necessary, and then click the Submit button. The information will be updated immediately.
Your My Profile page also feature links to information about your APWU local and your regional and national union officers. Remember that you can also use www.apwu.org to register for many conferences and events sponsored by the national union.
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MAILING ADDRESS UPDATE
To All Boston Metro A.P.W.U. Members:
We are currently updating our mailing lists, which are used for mailing out local & national election ballots, grievance information, the local publication, the "BOSTONIAN", and the national publication, "THE AMERICAN POSTAL WORKER".
If you are not receiving the "Bostonian" or "The American Postal Worker" at your present mailing address, please call (617-423-2798), or write to us at the local office and notify us of your correct address. You can also give the correct address to your steward and they will notify us.
Even though you may have notified the Postal Service of a change of address, we would not be notified by them of any change. Thank you for your cooperation in this matter.
Yours in Union Solidarity,
Moe Lepore, General President
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BULLETIN. . . January 2008
ACCIDENT BENEFIT ASSOCIATION (ABA) -- A UNION BENEFIT
This is a reminder to all Boston Metro A.P.W.U. members that, as a member of the Boston Metro Local, you are automatically covered for LOW OPTION (ABA Value Plan) in the Accident Benefit Association (ABA) -- at no cost to you. Under the Low Option Plan, you are eligible to collect $12 per day (7 days a week) for injuries - on or off the job - due to an accident which causes you to be out of work. You can also enroll in the HIGH OPTION (ABA Advantage) Plan - for an additional $1.34 per pay period. The High Option Plan pays you $24 per day.
A member may enroll his/her spouse in this benefit program - in either the Low Option/Value Plan or the High Option/Advantage Plan. The spouse's payment will be added to the member's payroll dues deduction.
I would advise all members to put in for HIGH OPTION (Advantage Plan). It only costs you $1.34 per pay period and pays you $12 more per day than the Low Option (Value Plan). Bi-weekly dues deductions - which includes regular dues of $22.19 & ABA amount below -- are as follows:
DUES DEDUCTION
MEMBER - High Option ABA (add $1.34) - $23.53
MEMBER & SPOUSE - High Option (add $3.26) - $25.45
MEMBER & SPOUSE - Low Option (add .58) - $22.77
MEMBER/High & SPOUSE/Low (add $1.92) - $24.11
An additional benefit is also provided. A Family Benefit Provision (accidental death benefit) is included with your ABA benefits - AT NO EXTRA COST to you. The Family Benefit Provision provides a $2,000 accidental death benefit for the spouse of an ABA member (provided the spouse is not already covered as an ABA member); and also a $2,000 accidental death benefit for all unmarried dependent children (up to and including the age of 18) of an ABA member.
In addition, the "ABA PLUS PLAN" is also available to Boston Metro members. You can increase your ACCIDENTAL DEATH BENEFITS coverage to a total of $50,000, $75,000, or $100,000 under this plan. Call the union office for additional information.
The filing of all A.B.A. Application for Benefits claim forms, High Option request forms, and ABA PLUS PLAN forms, should be done through the Boston Metro Local office. Send to my attention.
The "APPLICATION FOR BENEFITS" form must be filed within ninety (90) days after the disability ceases or claimant returns to work, whichever date occurs first. In the case of anticipated prolonged disability, the injured member may make claim for partial payments, BUT NOT MORE OFTEN THAN EACH THIRTY (30) DAYS. If you have any questions regarding this benefit, call Bob Dempsey at (617)-423-2798.
* * * * * * * * * * * * * * * LABOR TALK
"Labor Talk" is a monthly 1/2 hour show run by APWU members, Don Sheehan, Ross Baker and Bruce Pearson. The program is dedicated to issues facing working families in the local, national and world communities. The show originates and is shot out of Bridgewater, MA, but is distributed to community stations in numerous Southeastern Massachusetts towns and cities.
Brockton (Tues & Thurs 5:00PM)
New Bedford
Taunton
Avon (Mondays 10:00PM)
No. Attleboro
Bridgewater
Bourne
Easton (Mondays 11:00PM)
Halifax
Holbrook (Tuesdays 10:00PM)
Walpole
Kingston (Mondays 9:00PM)
Carver (Mon. 6:00PM, Wedn 2:00PM)
South Hadley
Norton
Billerica
Amherst
Leverett
Berkley
Assonet
Franklin
Milton
Middleboro (Wed/Thur 6:30PM)
Lakeville (Wed/Thur 6:30PM)
Freetown (Wed/Thur 6:30PM)
Plympton
Pembroke
Raynham (Mondays 6:30PM)
Stoughton (Mondays 10:00PM)
E. Bridgewater (Sun. 8:00AM,
Wednes 5:30PM, Thurs 3:30PM,
Monday 9:00AM
Plymouth (Mondays 9:00PM)
Duxbury
Fall River
Marshfield
Westport
Fitchburg
Pelham
Shutesbury
Dighton
Bedford
If not listed, check the electronic bulletin board in each town for scheduled cablecast times.
If you do not reside in any of those towns, "Labor Talk" is now on the World Wide Web. Go to
www.apwuma.org and click "Labor Talk". It is streaming video, BEST on high-speed Internet access.
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BULLETIN. . .
PRE-DISCIPLINARY DISCUSSION INTERVIEW & YOUR RIGHTS UNDER THE C.B.A.
It has come to my attention that certain supervisors/managers are trying to hold a Pre-Disciplinary Discussion with employees without the benefit of representation.I am asking every Brother/Sister who is informed that they are to receive a Pre-Disciplinary Discussion to insist on union representation!
The Pre-Disciplinary Discussion must not proceed until your request is adhered to. Often times APWU discovers the pretender supervisor issues discipline within hours of the Pre-Disciplinary Discussion Interview. This demonstrates that the service has, in many cases, already made up their mind to issue discipline without acknowledging the true intent of Pre-Disciplinary Discussion Interview.
Don’t allow management to intimidate you from exercising your right to representation! Please don’t let management divorce you from your union at anytime especially at these interviews!
The Pre-Disciplinary Discussion Interview is designed to allow an employee to explain their side of the issue at hand. Rest assure, when management does gives a Brother/Sister a Pre-Disciplinary Discussion Interview discipline in one form or another is very close behind.Yours in Union Solidarity,
Moe Lepore, General President
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