From the office of Bob Brennan, Maintenance Craft President, Boston Metro Local 100, A.P.W.U. - GMF Boston, MA 02205 (Phone 617-728-4975) FEBRUARY 2008 BOSTONIAN 2008 - The Year Ahead Upgrades Submitted by Wayne Greenside, Maintenance Craft On behalf of Bob Brennan and all the maintenance stewards I’d like to wish everyone a Happy New Year. This new year, 2008, will bring to the Maintenance Craft some significant changes. First to come will be the across-the-board upgrades for all occupational groups represented by the APWU effective Feb. 16th. This is a positive step forward for the membership when comparing our salaries to other Federal employees as well as the other non-APWU crafts. Specifically the lower level maintenance employees will finally be included in these upgrades. Salary changes for these occupational groups were long in coming. The APWU had brought the idea of these upgrades forward to management on more than one occasion of negotiations and arbitrations in the past but we were put off by management who constantly drew salary comparisons with similar jobs in the private sector. In the past, Management had succeeded in convincing arbitrators that Custodians, Elevator Operators & Laborer-Custodians and the remaining level 4 positions were "appropriately compensated" for their services and did not need to be upgraded. Thankfully the negotiated 2006 Collective Bargaining Agreement has changed that and finally brought some recognition to these maintenance employees. As I see it, one of the most positive aspects of these upgrades will be the reduction in the waiting period for step increases for the Laborer/Custodian and Elevator Operator occupational groups. Those occupational groups will now upgrade from level 3 to level 4 along with the current crop of level 7 positions which will upgrade to level 8. Currently, level 3 employees must wait 44 weeks for a step increase. With the new upgrades in place the waiting time for the newly assigned level 4’s will be reduced to 36 weeks for each step and the newly assigned level 8’s will see their waiting periods reduced from 36 weeks to 30 weeks per step increase. Most importantly, all maintenance employees should remember that while their positions have been re-ranked in grade, their job descriptions have remained the same. Your daily assignments should not change as a result of these upgrades. If management attempts to take advantage of you by assigning you higher level duties under the guise of these upgrades you should ask to see your steward as soon as possible. Alternate Work Schedules The year 2007 also brought to the Maintenance Craft a pilot program for a 4 day-10 hours per day work week. The Field Maintenance Operations section employees were offered the opportunity to participate in the pilot program. 14 individuals in the section elected to participate for the initial 6 months in the beginning of 2007. The program was then extended for an additional six months and ended on Jan. 5th 2008 with those employees returning to their regular schedules. In the APWU’s opinion, we considered the program to have been a success. However, management saw things differently and wanted to terminate the program. A meeting was held with management on Dec. 28th 2007. Local President Moe Lepore, D.I.R. Gino Bonacci and myself (sitting in for Bob Brennan) attended the meeting and it was agreed to bring back the 4/10 program for the FMO section for the time frame either April-Nov. or at least May-Nov 2008. The FMO was originally selected for the 2007 pilot program because of the smaller number of employees in the section as well as the fact that all the employees have the same work schedules. Additionally, there are no Tour-1 or Tour-3 employee schedules in that section that would interfere with the program. That same logic has been carried over into an agreement on the 2008 program. As soon as the details and the 2008 start date have been ironed out, all the FMO employees will once again be given the opportunity to opt into the program. Northwest and the FSS For those who are unaware, the Northwest Boston P&DC has been slated for deployment of the new FSS machines for flat mail. Much work has been done at the facility and much more is ongoing. From the removal of mail processing equipment to the tearing down of walls and inspector’s lookout galleries the workroom floor is almost unrecognizable. Contractors are "running" around everywhere. On the subject of contractors, these crews will always be the bane of our workforce. They do our work while management attempts to justify it by claiming that we have insufficient staff or abilities or equipment to do a given job. I ask that every maintenance employee keep a close eye on these contractors, making sure that the contractors are properly being utilized and that the proper safety regulations are adhered to as well. When in doubt please ask to see a steward and get the info to us so we can investigate the issue. Casuals Going all the way back to 2005 a class action grievance was filed protesting the improper usage of casual employees in the Boston Installation. That is to say, the Boston Installation being the GMF, Northwest P&DC in Waltham and all the stations and branches are included in this grievance. It was filed based on the fact that Laborer-Custodian and Elevator Operator vacancies existed throughout the Boston Installation and management had hired casuals to work in lieu of full time regulars. This case is still ongoing in that numerous vacancies still exist and management continues to improperly use casuals. In mid December 2007 management terminated the employment of casuals on Tour-2 in the Boston Installation. Management had done this in an insufficient attempt to comply with the National Agreement. While this was a positive step toward elimination of all casuals it simply was not enough. As such our casual case continues to accumulate more evidence. The case has finally reached the arbitration level of the grievance procedure and it is hoped that we’ll see a favorable resolution in the near future. Work Assignments As a result of the recent termination of the Tour-2 casuals we saw upwards of 280 man-hours per week of Laborer/Custodian and Elevator Operator work now pushed onto the remaining staff. While we are happy to see those casuals gone, management has been trying to add to the work load of all the rest of the Custodians & Laborer-Custodians to cover for the vacant positions. Reports from all three tours have revealed that many Laborer-Custodians are being assigned full-tour elevator assignments while the rest of the Custodians in all facilities have seen their cleaning assignments added to and sometimes doubled. Unfortunately for all of us, cleaning Postal facilities is a "zero sum game". Management cannot utilize Custodians to operate cargo elevators and still expect to get the facilities clean. Nor can they double up cleaning route assignments on the rest of the Custodians and expect them to complete 12 hours worth of work in 8 hours because of the vacant positions. It’s physically impossible. Something’s got to give. Custodians will either be forced to skip over items on cleaning routes or be unable to get to do some routes at all. All one has to do is look around any of the facilities and it is clear that the current number of custodians left are unable to keep up with all the breakrooms, bathrooms and offices or keep the floors clear and the trash emptied. And don’t forget the snow removal, it is still winter. Because of this, morale has suffered and this further impedes the maintenance employees from getting the work done. Management has the tools at their disposal to alleviate all of this yet they refuse to utilize them. Least of all would be to hire those veterans from the street looking for jobs and fill those vacancies, but Management wants to put the blame on a "hiring freeze". Other options would be to offer temporary details assignments to fill in and cover the most needed vacancies or go to those employees who have made themselves available for extra workhours via the overtime desired lists. Management instead would rather waste time and energy trying to squeeze copper from every penny rather than to get and keep our facilities clean. In closing I’d like once again to wish everyone well for the coming year and I’d also ask each and every member of the Maintenance Craft to remember not to be fearful or apathetic to ask to see a steward when you believe something is wrong. While the stewards are the eyes and ears of the Local President and the Maintenance President, the rest of us maintenance employees are the eyes and ears of our stewards. The stewards can’t do it all by themselves. Without you standing "shoulder to shoulder" with your stewards, their ability to enforce our contract is lessened. Keep management on notice that you will stand with your Union brothers and sisters and help in enforcing the contract. This is your Union and you should participate in any way you can. In Union Solidarity, Wayne Greenside, Maintenance Steward Tour-2 GMF                            * * * * * * * * * * * * * * * * * * * BOSTONIAN ARTICLE                                 October 2007                                                         Asbestos, what you do not know will kill you! Asbestos fibers can enter the body whenever a person is in the presence of airborne asbestos particles. These particles can become embedded in the tissues of the respiratory or digestive systems through simple inhalation or digestion. Exposure to asbestos can cause disabling or fatal diseases such as asbestosis, an emphysema-like condition; lung cancer; mesothelioma, a cancerous tumor that spreads rapidly in the cells of membranes covering the lungs and body organs; and gastrointestinal cancer. The real danger of exposure is that you may be unaware that you are being exposed to asbestos and the symptoms of these diseases generally do not appear for 20 or more years after initial exposure. This is why the OSHA standards are so exacting! This being said, know that the USPS has identified all ACM’s (asbestos containing materials) with a red letter A. All except the floors. It is common knowledge that some floor tiles have asbestos in them. This has caused a great deal of anxiety/concern amongst those working on or around these tiles. How safe working around these tiles as well as the correct way to handle/remove and dispose of these tiles will be the subject of this article. First let me give you some information. OSHA classifies various kinds of asbestos removal/construction in order to ensure that they are handled properly. The OSHA standard establishes a classification system for asbestos construction work that spells out mandatory, simple, technological work practices that employers must follow to reduce worker exposures. Under this system, the following four classes of construction work are matched with increasingly stringent control requirements: Class I asbestos work is the most potentially hazardous class of asbestos jobs. This work involves the removal of asbestos-containing thermal system insulation and sprayed-on or troweled-on surfacing materials. Employers must presume that thermal system insulation and surfacing material found in pre-1981 construction is ACM. That presumption, however, is rebuttable. If you believe that the surfacing material or thermal system insulation is not ACM, the OSHA standard specifies the means that you must use to rebut that presumption. Thermal system insulation includes ACM applied to pipes, boilers, tanks, ducts, or other structural components to prevent heat loss or gain. Surfacing materials include decorative plaster on ceilings and walls; acoustical materials on decking, walls, and ceilings; and fireproofing on structural members. Class II work includes the removal of other types of ACM that are not thermal system insulation such as resilient flooring and roofing materials. Examples of Class II work include removal of asbestos-containing floor or ceiling tiles, siding, roofing, or transite panels. Class III asbestos work includes repair and maintenance operations where ACM or presumed ACM (PACM) are disturbed. Class IV work includes custodial activities where employees clean up asbestos-containing waste and debris produced by construction, maintenance, or repair activities. This work involves cleaning dust-contaminated surfaces, vacuuming contaminated carpets, mopping floors, and cleaning up ACM or PACM from thermal system insulation or surfacing material. Any wholesale removal of (ACM) will fall under class I or class II. The main difference between class I and II is, class I is considered friable materials and class II is non-friable. Friable is used in thermal applications (Heating systems, ducts etc.). Whenever the Postal service removes class I or Class II they use contractors like the one that performed the test in the GMF on the asbestos containing floor tiles on the platform. l, along with John Coburn, a fellow member of the Boston District safety and health committee, was present during this testing and monitored the conditions and the (interim) results. The purpose of the testing was to gather objective data on the safety and efficiency of 4 different models of hepa-drills used to drill into these tiles. Objective Data is a necessary requirement of OSHA in fashioning an acceptable method of removal. We currently use Hepa-drills here in Boston. The rest of the country uses different drills depending on what part of the country they happen to work in. The purpose of the testing here in Boston was two fold first to gather objective data to establish that the Hepa-drills met the OSHA standards of 0.1 f/cc (fibers per cubic centimeter) as an 8-hour time weighted average (TWA) and an airborne concentration of no more than 1 f/cc average over a 30 minute sampling period. This was accomplished easily we do not have any worries using these Hepa-drills. The second test was a shaving cream test. During this test the contractor’s piles shaving cream on the tile then drilled through the tile without any Hepa-vacuum attached. the ambient air was monitored and tested to standard and the initial testing results looks like it is also meets the OSHA standards. Both of these tests are being compiled/formalized and upon completion will be provided to the UNION. Based on my observations and experience, I believe the shaving cream, which is widely used in the industry, will work in the drilling application and will eventually be adopted by the USPS as an acceptable method for drilling in the floor tiles. We will always be able to use the Hepa-vacs if we wish, but trust me I believe the vast majority of my trained mechanics will use the shaving cream method because of its simplicity as well as ease of use/safety. Currently, when there is a need to remove a small amount of these tiles from the floor, approximately 9 feet by 9 feet, the field maintenance office has trained employees who are capable of removing these tiles safely. Just what is safely I will now discuss. OSHA states that employers may use different or modified engineering and work practice controls under the following conditions: If they can demonstrate that employee exposure will not exceed the PEL (permissible exposure limits) under any anticipated circumstances; and If a competent person evaluates the work area, the projected work practices, and the engineering controls and certifies, in writing, that these different or modified controls will reduce all employee exposure to or below the PELs under all expected conditions of use and that they meet the requirements of the standard. This evaluation must include, and be based on, data representing employee exposure during use of the controls under conditions closely resembling those of the current job. Also, the employees participating in the evaluation must not have better training and more experience than that of the employees who are to perform the current job. This is the reason for gathering objective Data, it is to establish that the exposure will not exceed the PEL. Further, OSHA considers the removing of these tiles as maintenance or repair activities, therefore no negative pressure containment requirement is necessary. However OSHA mandates that when removing any Class II ACM , employers must ensure that the trained employees observe the following: The area to be cleared must not contain friable asbestos material. The project must be limited in scope, it cannot be a wholesale clearing of materials. (9ft X 9ft is standard) Identify and contain the area that will be worked. Tape, cones etc are sufficient. Do not cut, abrade, or break the material unless infeasible; Remove the material intact, if possible Use a Hepa-vacuum when removing tiles. Wet the material thoroughly with amended water before and during removal; Bag or wrap removed ACM immediately or keep it wet until transferred to a closed receptacle no later than the end of the work shift. The Bags must be marked, labeled as asbestos and the name of the generator (USPS) applied. The question then becomes how dangerous are the tiles that break when being removed? How dangerous are the tiles that are on the floor and are damaged? What about tiles that are breaking up when equipment go over them? Can the breaking of tiles place asbestos into the ambient air? How can we be sure? Because of the nature of the danger we must be absolutely sure! How could I fashion a test that would completely alleviate any reasonable fears? I decided to conduct my own test, one that I believed would answer these questions! I first had to duplicate the possible conditions under which these tiles could present a danger. What if there were tiles that were broken slightly and heavy equipment/traffic were pounding them repeatedly? Could this scenario place asbestos fibers into the ambient air? This is a plausible scenario! I had to figure out a way to abuse the already damaged tiles, control the environment, monitor the results as well as incorporate them into the testing already going on! For this I had to ask help from my good friend John Freitas, the senior project manager for URS company, they were overseeing the tests. I observed that the floor tiles were covered with holes from the test drilling. I knew that since the test area was already contained and sealed the contractors would just remove the damaged tiles quickly and be gone. I asked John Freitas if he would have his contractors continue to monitor the ambient air while removing the tiles. This was done to see how the breaking of the tiles affected the sampling. To help create the worst case scenario, one that recreated the pounding of the broken tiles by heavy equipment, I asked that the tiles not just be removed, but be broken as they were being removed. In fact the contractor took a hammer and chisel to the tiles before placing them in the double bagged containers. If this did not create asbestos fibers in excess of the PEL (permissible acceptable limit) then certainly no equipment or rolling stock, of any kind, would either! Mr. Freitas agreed and stayed until the wee hours of the morning breaking each and every tile, all the while recording the results. The initial results confirm what we believed all along, the tiles do not pose a threat when removed properly, drilled into according to current standard or when subjected to normal wear and tear! What this does prove is that when slightly broken tiles are pounded with postal equipment they do not pose an asbestos danger. This does not mean that we will condone broken or damaged tiles, on the contrary, please report any damaged tiles to your local safety and health committee, because even though they do not pose an asbestos problem, any defective tile represents a slip trip and fall hazard and this will not be tolerated. When the official results are finalized I will give you the actual statistics from the ambient air testing. I would like to thank John Freitas personally for his invaluable help in creating and testing the conditions necessary to prove or disprove our hypothesis. I would also like to express my gratitude to our General President Moe Lepore for his insisting that the safety and health committee investigate the possible dangers that these floor tiles may pose and then take whatever measures necessary to protect the safety and health of all our members! This gave me the opportunity to become involved in the testing procedures and learn more about the dangers of asbestos. I can now answer, with even more confidence, the questions and concerns of our members on this most important of safety issues! Thank you for your time. Bob Brennan, Maintenance Craft President! ------------------------------- BOSTONIAN ARTICLE                                 August 2007                                                         Maintenance Report Hazards, what you need to know There are many hazards that we may come in contact with as we perform our daily maintenance tasks. Some hazards deal with our work environment, such as utilizing safe work practices and following safety policies and procedures. some deal with that which we introduce artificially, into our environment, as an aid in performing our duties, such as the various chemicals we use. Most people immediately recognize deadly or poisonous chemicals by their containers and treat them accordingly. However most do not realize that there are chemicals that we use every day without a problem yet in combination with other chemicals or even water can be extremely dangerous or in rare cases, deadly. Since most of us are not chemistry majors how are we to know what is dangerous and what is not. How do we know which chemicals can be safely used in conjunction with other chemicals and those that cannot. And finally what are the dangers posed from the chemicals we work with and what to do if there is an accidental interaction or spillage? The various mechanics on both sides of the house along with the technicians, come in to daily contact with dangerous chemicals and have been trained how to safely deal with them. Since we are aware of the possible dangers and proper handling procedures the danger is mitigated However It is the danger from chemical interactions from everyday cleaners and solvents that I am addressing today. Custodians are especially at risk because the nature of their job requires the use and exposure to many dangerous chemicals that one might not normally think of as chemicals or even see as dangerous. All cleaners and solvents are chemicals. Every chemical must be evaluated and employees must be informed of the risks associated with them. OSHA demands that we are protected from these dangers in our workplace. There are certain things that all of us need to be aware of in order to ensure a safe working environment and OSHA dictates that we be made aware of all of them.   It is management's obligation under the CBA as well as an OSHA standard to inform us of any/all hazards that we may encounter in the workplace. To this end a hazard communication program is required in each postal facility where USPS employees use or are exposed to chemical products. The OSHA hazard communication standard is based on a simple concept; employees have both a need and a right to know the hazards and the identities of the chemicals that they are exposed to when working. This should include guidelines on what to do in case of accidental exposure or chemical interaction. A hazard communication plan is a detailed plan describing what hazardous chemicals are in a facility and any risks involved. Every postal facility must have a hazard communication program for managing, communicating and documenting the use of chemical products in the workplace. This will include a complete list of all chemical products used in the facility. Management must also implement a process by which material safety data (MSDS) sheets can be easily located and referred to prior to using a chemical. The MSDS sheets must remain current and readily available. Management should develop and maintain "right to know stations" with updated MSDS' so employees can access chemical product information used in the workplace. Failure to maintain, implement and document hazard communication programs is one of the most common citations issued by OSHA. Management must implement and review a Hazcom program in order to be in compliance with this OSHA standard. Management should localize and maintain a written Hazcom program that describes how the OSHA standard will be implemented. This includes verifying that training records are kept to ensure all employees receive appropriate level of training and OSHA requirements are met. A common violation is the use of containers to store chemicals without properly labeling them. Properly labeling containers insures proper handling and storage. Be careful to Verify that all containers are labeled to prevent cross contamination. All chemicals must be stored in clearly marked containers that are appropriate for the contents. There should be a process to ensure labeling and other forms or warning (secondary labels). It would behoove you to verify that emergency procedures are in place in the event of an accidental spill and/or leak of a chemical product and be intimately familiar with them. There should be a comprehensive written program available on site including a complete chemical inventory with an annual program review. Don't forget, make it your habit to be completely familiar with every chemical that you come in contact with as well as the proper procedures to handle them safely. Know the do's and don'ts, along with the correct procedures in the case of accidental exposure. If you have any doubt, ask your supervisor how you may review the MSDS sheets for your facility. If you are in an outside station and you are told they are not available, notify me immediately and I will rectify that situation. Remember what you do not know can kill you!! so be safe, be knowledgeable, be protected and your loved ones will be grateful. I am Robert Brennan, the Maintenance Craft President and Safety and Health Committee Member.                                    - - - - - - - - - - - - - - - - - - - BOSTONIAN ARTICLE        JUNE 2007                             Maintenance Report Despite what you may have heard about changes to the Collective Bargaining Agreement, we here in Maintenance are still in the middle of a "Casual in Lieu of" problem. This last National Contract contains contract language changes that allow for casual employees and dictates how management may utilize casuals. This language effectively ends any "casual in lieu of" grievances for our brothers and sisters in the Clerk Craft! We, however, in Maintenance are not a party to this agreement; therefore the use of casuals in Maintenance, especially under the current circumstances, is improper under the Collective Bargaining agreement. One of the circumstances that I am talking about is the Ridiculous amount of Maintenance Vacancies in the Custodial and Elevator operator occupational groups! There is no clearer violation of the CBA than using casuals in lieu of-or instead of career employees! We have over a dozen vacancies in both these occupational groups. They are covering these vacant positions with casuals instead of hiring full time Veterans off the Street! I have a grievance in the system concerning the hiring of casuals in lieu of regular full time veterans that is over two years old and worth more than a million dollars! By the way, the numbers keep going up with each day they improperly use casuals! Yet management continues to utilize casuals, even going so far as to advertise in the newspapers for casuals! What really offends me about this is these Jobs were created for Veterans and there is more than a few out there who could use a job, especially disabled Veterans, yet management is deliberately withholding these bids. They will tell you they are being held under Article 12. They will tell you that they are being withheld for postal workers being excessed from elsewhere in this region. Well I say this is Bull Shit! It is my opinion that they have a plan to deliberately reduce the amount of custodians/veterans in the USPS and this is just the first step. I have been fighting management for 2 years to fill these vacancies. Has anyone ever seen someone excessed from another facility into maintenance? We have certainly seen Clerks and MVS people transfer into maintenance which, hasn’t even dented our vacancy report nor alleviated the problem. By the way, when they let one of our brothers and sisters from the clerk craft or MVS transfer into Maintenance, they fill a vacancy in maintenance while reducing our sister craft by one! This results in no net gain! I believe this is purposeful because transfers are not like hiring a veteran from the street! This being said, besides these transfers there have been no one else! If they are coming, where are they? Ask the Custodians and the elevator operators who are understaffed yet pressured to get everything done if they are fed up with excuses! By the way, if management was half as concerned as they pretend to be about this problem, they would open up the overtime to cover the vacancies! It won’t solve the problem; only filling the vacancies will do that, but it will help alleviate the situation! Management must face the fact that we just can’t do it with the current staffing! They either don’t get it or they just don’t care! On the subject of staffing, Even if we were to fill the vacancies, the current staffing package would still be inadequate because it does not take into consideration the National arbitration we won on the MS-47. This should also translate into more jobs being created! This grievance is also in the system and will cost them money each day they are in violation! Add to this the fact that we have an attitude in the Boston District which says it’s OK to throw trays, straps, elastics, paper towels, gloves anywhere; that it is OK to put equipment everywhere regardless of what it blocks. All these things simply make it harder, if not impossible, for the custodians to do the job they would like to do! As it stands now, they can only do the best they can with the limited resources they have! This is why I asked in my last article, and again ask, for custodians everywhere to join the tour safety and health committees to ensure that management does its job in making all their employees clean up after themselves! Trays on the floors, straps and elastics piling up, labels everywhere equipment blocking walkways and fire extinguishers are not the norm! Custodians are not baby sitters we should not have to clean up after children! At the very least if we are on the individual safety committees we would have a voice in directing, developing and implementing policies that would concern us directly! Join the committees and be heard! Contact me if you are interested! Back to my originals topic - - casuals! Rest assured I am on top of it and will not rest until ever vacancy is filled, including the ones that will be newly created from this MS-47 settlement! Management may duck, dodge,dance and hide but as in all things there will come a time to pay the piper! And pay they will! Yours in Solidarity, Robert Brennan, Maintenance Craft President                                            -  -  -  -  -  -  -  -  -  -  -  - Bostonian Article . . .      April 2007                 It’s time we cleaned this place up! Do you think this facility could use some cleaning? Do you think there is entirely too much debris on the workroom floors, aisles, under machines etc? Do you think they represent a safety hazard (slip trip and fall)? Well you would be right on all counts! We on the safety committee have been addressing the problem, however ineffectively, by relying on the supervisors to police their individual areas of responsibility daily. I know this will not come as a surprise to most of you but management reports that everything is as it should be! The building is free of debris and clear of all obstructions! If we are seeing otherwise, it must be happening after they complete their daily reports! We on the safety committee believe otherwise! We believe that the floor area is littered with debris which is simply a slip trip and fall waiting to happen. We believe that the aisles are improperly congested with containers. There are fire extinguishers and electrical panels blocked throughout the building. Fire alarm-pull stations and emergency eyewash stations that cannot be accessed! All these things add up to poor housekeeping which places all of us in jeopardy and is absolutely unnecessary! We want to clean up this place and to that end we are recruiting volunteers for the individual tour-safety committees to "Help" management fill out these daily safety checklists. By help we mean walk around with them as they do their job and fill out these forms! This will ensure that management does its job and fills out these forms truthfully! If this is done everyday, as it is supposed to be, our building would be a much safer place to work, free of unnecessary clutter. This being said, how many of us are doing our part in keeping this building clean! How many of us are part of the problem and not part of the solution? How many of us throw broken cardboard trays on the floor instead of the recycling cart? How many of us throw labels and elastics on the floor when we are finished with them? How many of us block fire extinguishers or electrical panels with equipment? How many of us block aisles and fire alarm-pull stations with empty equipment? If you do you are part of the problem! Be part of the solution and volunteer to be on the tour safety committee ensuring that management cleans this place up! It is my wish that we will have at least 1 custodian on each of the tour safety committees! Think of how easier your job will be when all the obstructions are removed. You will also be in all discussions concerning cleanliness of the building, a place you want to be! So please, consider joining the safety committee, let your voice be heard! It is easy to join the tour safety committees. Just contact any steward on your tour and he/she will get you in contact with a member of your tours safety committee. We will do all the rest! Even if you are not sure but seems like something you might be willing to do- come talk to us! Together we can make a difference! Together we can clean this facility up! As always thank you for your Time! Robert Brennan Maintenance Craft President                 ----------------------- Articles From Past Issues . . . Maintenance Craft Report  . . .  December 2006 I would like to begin my article today about a question I was asked recently. The question dealt with Article 6 (six). Article 6 deals with the no layoff protections of the CBA. Before I delve into who is protected and why, I would like to remind everyone that this protection will certainly be a point of contention among the Bargaining parties during this Contract’s Negotiations. It is my belief that we must maintain this provision, unaltered, if we are to call the present contractual negotiations successful! This being said let me explain the provision. First, let me start by saying any employee who was employed in the regular workforce prior to September 15, 1978 is automatically protected from involuntary layoffs. Employees who become members of the regular workforce after this date shall be provided no layoff protection upon completion of six years of continuous service and having worked in at least 20 pay periods during each of the six years. To receive credit for the year, the employee must work at least 1 hour in at least 20 of the 26 pay periods. Absence from actual duty for any of the following reasons will be considered as "work" solely for the purposes of this requirement. (1) To the extent required by law, court leave, time spent in the military service covered by chapter 43 of title 38, or time spent on continuation of pay, leave without pay or on OWCP rolls because compensable injury on Duty. (2) Time spent on paid annual leave or sick leave, as provided for in article 10 of the agreement. (3) Leave without pay for performing Union business as provided for in Article 24 of the agreement All other unpaid leave and periods of suspension or time spent in layoff of RIF status will not be considered work. Failure to meet the 20 pay period requirement in any given anniversary year means the employee must begin a new six year continuous service period to achieve protected status. Basically one (1) hour of work in any of the above conditions, in a pay period satisfies that pay period as counting toward your 20 pay periods.   If you do not achieve 20 pay periods in any given year, you start all over again toward your protected status. Further, we have a memorandum of understanding between US and the USPS that protects employees who have not achieved protected status as of the effective date of our last contract (November 20, 2000). These employees are protected until the expiration of the contract on November 20, 2003, from involuntary layoffs. This agreement was extended until the expiration of the current contract extension on November 20, 2006. The purpose of which is to provide job security to each employee during the term of the agreement. This is one of those benefits that were negotiated for us that we take for granted. In view of all the layoffs that are occurring pretty frequently in the private sector I for one am extremely grateful for this protection. We here in Maintenance have even more to be grateful for. We have been extremely lucky in terms of staffing much more so than our sister crafts during these lean and tough times. We have been able to negotiate, in response to the changing needs of the Postal Service, a few start times and some NS changes as an alternative to or in lieu of major excessing and abolishments. It is my belief that we will be able to continue this strategy for at least the near future. We can never stop all adverse actions by management, in terms of staffing, but we can, and have, mitigated them. This being said, I can say with some confidence that your job in maintenance is reasonably secure; however the future is both unpredictable and potentially volatile. We must also remember that the Congress can change the entire equation with the stroke of the pen. But baring either of these possibilities we can remain cautiously optimistic. While I am on the subject of job security, there is another serious threat that can separate you from your job. You must be aware that at any time if you violate Article 16.7 of the CBA, regardless of your seniority, you may be immediately placed in an off duty status while management prepares to separate you from your job. This violation occurs when you are directly involved with violence, drugs, theft or other criminal activity both on and off the job. What few people realize is that Zero tolerance may rise to the threshhold of a 16.7 violation, thus may be the basis of an emergency suspend, the purpose of which is to remove you from your job. I can tell you from experience that getting you back to work is not easily negotiated. We have been very successful in this arena, but I can tell you that the people whose jobs that we have managed to save, now realize just how serious a simple argument/disagreement can be. There is no longer "it’s between him and me"! Words can get you in serious trouble. Ask some one who has been put out of a building for fighting just how close one can come to being removed. There is another factor I wish people would realize. When you fight with another brother or sister you place the union between a rock and a hard place!   This is the most uncomfortable and sometimes agonizing position to be in. You force us to walk a tightrope. We must ensure both individuals have their rights under the contract scrutinized, all the while battling with management on their behalf. I’ve been there and I can tell you it’s the hardest negotiations that I have ever been involved in. Remember this, what starts out as just words, can quickly turn into much, much more. You must also realize that even if you claim that you were the one who was attacked, management will attempt to fire the both of you. Believe me when I say this, it can happen, it has happened. So please treat each other with dignity and respect. Bite your tongue, take a walk or come to the union for help if you must, but do not threaten another employee and never use your hands against an individual at least not if you wish to remain employed by the USPS. Do not forget Discipline is very dangerous-it can and may separate you from your job! When management writes on a piece of discipline that failure to correct your behavior may result in anything up to and including removal-they really mean it! Be careful, and call me immediately if anything happens. Call me before you talk to management, Inspection services or the OIG! And don’t think for one minute that you cannot be fired simply because you are a preference eligible Veteran. It may be harder for them to fire you but it is not impossible, it has been done.   On another note, we are currently engaged in the most important negotiations of our careers. What we loose today we will pay for tomorrow. Management has forwarded their contract proposals to us and from what I can see it is insulting. Management’s proposals are in a word, ludicrous. We must send the message to Management that nothing will be taken from us, at least not easily. We are not entering negotiations to give back-but to move forward! Management must understand that we are willing to do whatever it takes to keep our jobs, our wages and our benefit package. We may go down, but we will never willingly lay down! Our President -Moe Lepore is going to the national to help negotiate our national agreement, this is a great honor for him personally and The Boston Metro Local in General. Let us all wish Moe, along with the National Officers, great success. I hope that by the time you read this we will have a negotiated Contract, one that we can all be proud of. My name is Robert Brennan, I am the Maintenance Craft President and I stand in your service, thank you for your time! ------------------------------------------------------------------------- Maintenance Craft Report  . . .  October 2006 MSPB We have all heard the term MSPB at one time or another, but what exactly is it? How does it affect Veterans? Can Federal employees, other than preference-eligible veterans appeal adverse actions to the Board? Here are some common Questions and Answers that may help you understand who they are and what they do! What is the U.S. Merit Systems Protection Board? The U.S. Merit Systems Protection Board is an independent agency in the Executive branch of the Federal Government that serves as the guardian of Federal Merit Systems. Established by Reorganization Plan No. 2 of 1978 and the Civil Service Reform Act, the Board is a successor agency to the Civil Service Commission and assumed the Commission’s employee appeals functions. Who is on the Board? The Board is composed of three members who are appointed by the President and confirmed by the Senate. They serve overlapping, non-renewable 7- year terms. The Board is bipartisan, with no more than two of its three members from the same political party Where is the Board located? The Board’s headquarters is in Washington, DC. It has regional and field offices in major cities. What kinds of actions may be appealed to the Board? The majority of the cases are appeals of agency adverse actions . that is, removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. Other types of actions that may be appealed to the Board include: performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, OPM suitability determinations, OPM employment practices, OPM determinations in retirement matters, denials of restoration or reemployment rights, and terminations of probationary employees under certain circumstances. Who may appeal an adverse action to the Board? Employees who may appeal adverse actions are: (1) employees in the competitive service who have completed a 1-year probationary or trial period, (2) veterans preference-eligible employees with at least one year continuous employment in the same or similar positions outside the competitive service, (3) Postal Service supervisors and managers, and Postal Service employees engaged in personnel work (other than those in non confidential clerical positions), who have completed one year of current continuous service in the same or similar positions, and (4) excepted service employees, other than preference-eligible, who are not serving a probationary or trial period and who have completed two years current continuous service in the same or similar positions in an Executive agency. Do agencies have to advise employees of their right to appeal personnel actions to the Board? Yes. When an agency takes an appeal able action against an employee, the agency must provide the employee with: (1) a notice of the time limits for appealing to the Board, (2) the address of the appropriate Board regional or field office for filing the appeal, (3) a copy or access to a copy of the Board’s regulations, (4) a copy of the Board’s appeal form, and (5) a notice of any rights concerning an agency or negotiated grievance procedure. Does the Board hear appeals from employees who are covered by a negotiated grievance procedure? Yes, under certain circumstances. When an employee is a member of a bargaining unit that has a negotiated grievance procedure covering actions appeal able to the Board, the employee normally must pursue a grievance through the negotiated grievance procedure. There are three exceptions to this general rule, however: (1) when the action is an adverse action or performance-based action; (2) when the employee raises an issue of prohibited discrimination in connection with the action; and (3) when the employee alleges that the action was the result of a prohibited personnel practice other than discrimination. If any of these exceptions applies, the employee has the choice of using the negotiated grievance procedure or filing an appeal with the Board, but may not do both. (Under the terms of some union contracts, Postal Service employees may be able to pursue a grievance under the negotiated grievance procedure and also file an appeal with the Board.) How do I file an appeal with the Board? You must file an appeal in writing with the Board’s regional or field office serving the area where your duty station was located when the action was taken. The appeal must be filed within 30 calendar days of the effective date of the action, if the notice of the action sets an effective date. (If the 30th day falls on a Saturday, Sunday, or Federal holiday, the filing deadline is extended to the next working day.) In the case of actions that do not set an effective date (e.g., OPM retirement determinations, denial of within grade increases), you must file your appeal within 35 calendar days of the date of issuance of the decision. Filing must be made either by mail, by facsimile, by commercial overnight delivery, or by personal delivery. The date of filing by mail is considered to be the postmark date. The date of filing by facsimile is the date of the facsimile. The date of filing by commercial overnight delivery is the date you deliver the appeal to the commercial overnight delivery service. (Special time limits apply to filing appeals of actions allegedly based on .whistle blowing,. if you first filed a complaint with the Special Counsel and the Special Counsel did not act on your complaint.) Does the appeal have to be in a particular format? No. An appeal may be in any format, including letter form, as long as it is in writing and contains all of the information specified in the Board’s regulations. If you use the Board.’ appeal form and fill it out completely, this will satisfy the Board’s requirements for information to be included in the appeal. An appeal must contain your signature or the signature of your representative, if you have designated one. Do I have any recourse if I miss the deadline for filing an appeal? Yes. If you file an appeal after the deadline for filing, however, you must show a good reason for the delay and include supporting evidence. The administrative judge will provide you an opportunity to show why your appeal should not be dismissed as untimely. Who can represent me in an appeal before the Board, if I choose to have a representative? You can choose any person to represent you so long as that person is willing and able to serve. You can also represent yourself. Typical representatives include private attorneys, union attorneys, and other union representatives. The agency may challenge your representative on the basis of conflict of interest or conflict of position. If your representative is disqualified, you will be given a reasonable time to obtain another representative.Who decides my appeal? When a Board regional or field office receives an appeal, the case is assigned to an administrative judge in that office. The administrative judge will issue a decision after considering all of the relevant evidence in the case. What can I do if I am dissatisfied with the final decision of the Board? You can request court review. Once an initial decision of a Board administrative judge has become final, or the Board has issued a final decision on a petition for review, you can seek review of the final decision in the U.S. Court of Appeals for the Federal Circuit or, in cases involving allegations of discrimination, in the appropriate U.S. district court. You must file a request for judicial review within 30 days of your receipt of the Board’s final decision. Who has the burden of proof in appeals proceedings? The agency has the burden of proving that it was justified in taking the action. If the agency meets its burden of proof, the Board must decide in favor of the agency, unless you show that there was harmful error in the agency’s procedures, that the agency decision was based on a prohibited personnel practice, or that the decision was not in accordance with the law. You have the burden of proving that your appeal is within the Board’s jurisdiction and that it was timely filed. You have the burden of proving any affirmative defenses (e.g., discrimination or reprisal for .whistle blowing.) that you raise. You also have the burden of proof in retirement cases. Is the decision issued by the administrative judge final? The initial decision of the administrative judge will become the final decision of the Board unless a party files a petition for review with the 3-member Board in Washington within 35 calendar days of the date of the initial decision, or the Board reopens the case on its own motion. How does the Board decide whether to grant a petition for review? The Board may grant a petition for review when it is established that there is new and material evidence that was not available when the record was closed or that the administrative judge’s decision is based on an erroneous interpretation of law or regulation. The Board’s decision on a petition for review constitutes final administrative action. If more than one party files a petition for review and the Board denies all of them, the initial decision becomes final upon the issuance of the last denial. What can I do if I am dissatisfied with the final decision of the board? You can request court review. Once an initial decision of a Board administrative judge has become final, or the Board has issued a final decision on a petition for review, you can seek review of the final decision in the U.S. Court of Appeals for the Federal Circuit or, in cases involving allegations of discrimination, in the appropriate U.S. district court. You must file a request for judicial review within 30 days of your receipt of the Board’s final decision. These are some of the more basic question. If you have another question not covered above, please contact me and I will give you, or certainly get you, the answer! I hope this has been informative! As always thank you for your time   -  Bob Brennan, Maintenance Craft President.                                             ----------------------------------------- MAY 2006  It’s Contract Negotiation time again - Are we still the…"Front line Heroes" This summer we will begin to negotiate the next contract. This being said there are two things that you can be sure of 1). The Postal Service will again be losing money and 2). We are no longer Front line Heroes! When one listens to the rhetoric that has been steadily coming out of the Postal Service of late, it can only mean one thing - we must be nearing the end of the contract? It seems that every time we enter into Contract Negotiations, the Postal Service is in a Financial Crisis. They always seem to need to raise the price of a stamp to right the ship (USPS Titanic). Do they actually believe their own spin? I remember hearing from the National how Postal workers were "Front line Heroes". They got in front of the cameras and the microphones and displayed their deep concern for all America to see. They explained that they were doing everything that they possible could to protect their employees. One couldn’t help but be impressed. Then they went into their "patting us on the back speech" about how well we were doing our job. Time and time again from the Postmaster on down, we heard how grateful the Postal service was for its employees, for the great job that we are doing in this time of national crisis. One after another they lauded us as "Heroes. To listen to them speak; one might get the impression that a). They really cared about us and. b). we were an extremely valuable assets vital to the operation. How lucky they were to have such conscientious employees! After all, we are the "Front line Heroes". What puzzles me is how they have chosen to treat their "Front line Heroes". One might expect a little something extra from management. Something to say thanks, something to show their gratitude, I got it - - how about "Show us the money"! So how is management going to show its appreciation? What will be our reward? Well, if you ask me, I believe that management will show its appreciation by going after our medical, specifically asking us to pay a larger percentage of the costs and I don’t mean 1.5 percent like the pay raises we get it will be more like 5 to 7 percent. This increased cost to us will more than dwarf any pittance they offer us! Don’t think for a minute that the no layoff clause will be left alone either! Then there is night differential and Sunday premium - - this is the contract that I think double Sunday premium will be a thing we used to get! Retirement will also be discussed. They would love to bring it into the bargaining process - where it will be safe! Duh! How stupid do you think we are? You people cannot post a holiday list without problems, and you expect us to let you anywhere near our retirement -Please! They will bitch and Moan about how much money they are losing and they cannot afford to give us (the "front line heroes") any more money! Correct me if I’m wrong but - did we not receive a lousy pay increase in the years when this company made more money than it has ever made in its history? While I’m on the subject, is not the delivery of the mail, I believe the term is sanctity of the mail, a constitutional guarantee? Why is it that the MBTA can lose money every year, and they still pay their employees well? I don’t see their management asking them to give any money back! Why do they get treated so well and we get the shaft? Why do we always have to accept the role of second class citizens? Why is everyone more important than WE are? Do you think I am overreacting? Then explain to me why the Congress and the Supreme Court were completely evacuated at the first sign of Anthrax, yet they waited over 6 days to evacuate the post office that supplied both letters to them? Are they so stupid that they couldn’t figure out where the letters came from? Didn’t they realize that we were in danger also? Or is it just that we were not as important? Despite how well they have been doing the past 4 years, I predict that the Postal Service will put forth an economic package, to its "Front line Heroes", that is so offensive that it will be beneath even them! Percentage increase? More likely they will offer cash, which does not get rolled into your base pay - - ask the mail handlers how well that worked! Hey I have an Idea, why not cut out their Bonuses! There are so many of them, they could save hundreds of millions of dollars. I would accept a contract extension if the pay raises were in the range that private industry gets! If it’s only going to be 1 to 2 percent, then let’s take it to an arbitrator. We will certainly get that amount from an arbitrator - - we always have, and at least we will address some of the language problems in the contract. I don’t care what the arbitrator gives us, we have to stand up and say "enough is enough". We had to get off our knees and fight for what we believe is fair - - come what may! This Union needs a fire in its belly. We need to fight for our rights. We must send the message that nothing will be taken from us, at least not easily. We may go down, but we will never lay down ! We need strong leadership, more now than ever. Time will tell if Burrus will be that leader, whether he will get us what we deserve! But despite all that has been said, I absolutely believe that we here in APWU, are truly "Front line Heroes". We are clearly exposed to the greatest risk! And with great risk should come great rewards! So, if there is any justice in this world, we will be rewarded and rewarded well. Don’t talk about how you appreciate the work that we do - - Show us the Money!!! Thank you for your time, Robert Brennan, Maintenance Craft President! * * * * * * * * * * * * * * * * * * * * MARCH  2006  BOSTONIAN OIG - They’re here to stay! (OIG) Office of Inspector General. Unless you have been living under a rock the past 4 months, you have heard the name! They are now performing a lot of the functions we use to associate with the Postal Inspectors. But who are they? Let me quote them on who and what they are: "The United States Postal Service Office of Inspector General (OIG) was created by Congress in September 1966 by amending the Inspector General Act of 1978 and the Postal reorganization Act of 1970. The Inspector General Act provides that the OIG may conduct audits and investigations in the Postal Service as it considers appropriate. Investigations of bargaining unit employees fall within the OIG’s statutory responsibility to conduct audits and investigations pertaining to the Postal Service and are within the OIG’s discretion to conduct". They are, for all intents and purposes, autonomous at least in terms of the Postal Service! Here is another quote from them on who they do not answer to! "The Inspector General does not report to or work under the general supervision of the Postmaster General. The Inspector General Act ensures OIG independence by stating that the Inspector General shall not report to, or be subject to supervision by, any other officer or employee of the Postal Service". This being said they are still bound by the same restraints, in terms of labor law, that the Inspection Service was subject to! Here they are again affirming the previous statement. "The inspector General Act of 1978, as amended, provides nothing in this Act shall restrict, eliminate, or otherwise adversely affect any of the rights, privileges, or benefits of either employees of the United States Postal Service, or Labor organizations representing employees of the Postal service, under chapter 12 of title 39, United States code, the National Labor Relations Act, any handbook or manual affecting employee labor relations with the United States Postal Service, or any collective bargaining agreement." They go on to say "The OIG will comply with the requirements of article 17.3 as it relates to an employee request for a steward or Union representative during the course of an investigation". Further, OIG investigators (special Agents) will comply with your Weingarten rights in the same manner as Postal Inspectors. Weingarten is one of your basic, yet most important rights as an employee. Weingarten gives you the right to have a steward present during any questioning (by a supervisor, manager, inspector or agent) that the employee reasonably believes may result in discipline. This right goes further. Prior to any questioning, you may ask to consult with your steward; and if you are asked to answer questions after you have consulted with your steward and wish to stop the interview, and you wish to consult with your steward, you may ask for your Weingarten rights and stop the interrogation and speak with your steward! If you are foolish enough to let management question you without a steward present, then suddenly realize you are way over your head, you still can evoke Weingarten and stop the interrogation until you have been given proper representation. The problem with Weingarten is that unlike Miranda you must specifically ask for your Weingarten rights. Management does not have an obligation to tell you of the right and, trust me, they won’t! Your Miranda rights, however, must be told to you prior to any questioning. In a nut shell, if you do not know of your Weingarten rights or forget to ask for it before questioning, you are in great Jeopardy! Never, and I mean Never, talk to management concerning discipline without proper representation! Because of the OIG, there are now other warnings and rights that you should be aware of which may or may not become applicable to you in the future. Kalkine warnings and Garrity rights are two terms you will hear bandied about. The Kalkine warning is your "duty to cooperate". You must cooperate with management (this includes Inspectors and OIG Agents) during an investigation. You must answer their questions! If you cannot recall, say that you cannot recall; don’t just refuse to answer the question. It is wiser to say you cannot remember than it is to search for an answer! On this subject, there is a form which contains the Kalkine warnings, OIG may ask you to read and sign the form prior to questioning. The question is - - should you sign? My advice is never sign anything that you do not have to sign! The Kalkine warning, contained on the form, ends with an acknowledgment that states in part, "I am willing to discuss the subject(s) presented to me! If you do not agree with this statement, then why would you sign the form? The OIG, in their answer to questions posed by the National Union, answered the question of whether you have to sign the form or not, this way! Answer 16: "An employee’s refusal to sign the administrative warning: Duty to cooperate does not necessarily trigger an adverse result. It would depend on the circumstances surrounding the refusal on a case by case basis and as determined by management". In light of this answer and taking into account the acknowledgment language on the form itself, I personally would not sign the form, and if forced to, I would write on the form that I did not want to sign but was being forced to sign! The Garrity rights are similar to Miranda rights in that they specifically state that you may remain silent and that any thing you say may be used as evidence against you in administrative proceedings, civil proceedings, or any future criminal proceedings involving you! You clearly have the right to not answer questions that may incriminate you. You also have the right to leave the interview at any time; it specifically says so on the form. If you were not able to leave at any time.  If you were in their custody, then they would have to give you your Miranda rights! Now that I’ve explained the legal mumbo jumbo, let me say it in plain English! 1.) Always talk to a steward before any questioning! 2.) Cooperate, but don’t incriminate yourself, and 3.) Don’t sign anything unless they force you to! Let me go even further! The OIG is watching us, we don’t know where, and we don’t know when so assume that they are always watching! They are clearly out to make a name for themselves and firing you accomplishes this for them! If you are doing anything that can remotely be construed as improper/illegal, stop immediately! If you are not sure, ask your steward for advice! If you are on the clock, be in the building - - not parking your car, getting your car, eating at South Station, drinking anywhere, taking a walk, doing your banking, meeting your boyfriend / girlfriend, playing the lottery, buying stamps etc. If you even dream about doing any of these things, wake up and slap yourself! Your career is too important to gamble with! They have a lot of resources and plenty of time to investigate, even the smallest of offenses. If you have any questions please talk to your steward! Thank you for your time, your President - Robert Brennan * * * * * * * * * * * * * * * *