| From the Office of Paul Kilduff, Vice President/Treasurer |
SECOND QUARTER 2010 BOSTONIAN ISSUE
O.W.C.P. UPDATES
The first New England States Convention was held the last weekend in April. I attended a class taught by Human Relations Director, Sue Carney, which was titled OWCP/ NRP and Human Relations Department Updates. There were many important updates concerning the injured worker so in this article I will go over a few of them.
COLA – Effective March 1, 2010, the Consumer Price Index OWCP COLA adjustment is 3.4% for FECA. The base month for comparison is December (from Dec 08 to Dec 09). FECA Bulletin #10-02.
PHARMACY PROVIDERS – On December 1, 2009, DOL implemented a new policy for processing Schedule II drugs for claimants who are identified as recipients of the FECA Program.
http://www.dol.gov/owcp/dfec/pharmacy-schedule-11-policy.htm
AMA GUIDE – The division of Federal Employees Compensation has informed us that a new 6th edition of the AMA "Guides" has been published. OWCP formally converted to the new "Guide" on May 1, 2009. This edition will be used in all schedule awards.
PROVIDER SEARCH – A new feature called the Provider Search is being offered to help claimants generate a custom list of providers by entering criteria that describes what they are looking for. When searching the database, the search may include the program name, provider type, specialty, provider name, city, state, and zip code. You can access the new web feature on the ACS web portal web page by connecting through DREC>e-tools.
New Billing Requirements for OWCP Programs - Providers (excluding Pharmacy) must bill with their ACS OWCP provider number in box 33 of OWCP-1500 of OWCP-04. If the number is not on the form, your bill will be returned.
CA FORMS – It is important to note the USPS system populates CA forms, and the USPS methodology requires the employee to dictate information to the supervisor who will then type the remaining information onto the forms. Members should be apprised that they have the right to refuse the system completed /generated form. Members may demand a blank copy of the CA forms to complete and sign on their own. Forms completed by hand must be accepted. Do not let your supervisor fill out your CA forms for common sense reasons. They do not have your best interest at heart and, in my opinion, will mess it up.
PHASE II NRP – As many of you know, this Phase has already hit the Boston Metro. It will impact all limited duty employees and those MMI (rehab) employees who have not yet gone through Phase II. It is our belief the USPS is testing this new protocol because existing NRP has not yielded the results the company was looking for. Additionally, "early out" is also not producing the yield USPS had calculated, in addition to decrease in mail volume. The Postal Service will do whatever is possible to reduce the payroll, and now the catch of the day is … all limited duty members. I will remind all members again that the days of coming back to work with restrictions are over. If you are injured at work, in my opinion, it is better for you to stay out of work until you are 100% healthy to resume working your bid.
Recently our local gained nine new stewards. I would like to thank Carol Sambol (Northwest Boston Carrier Annex), Dorothy Sorocco (Braintree DMU), Jim Kendall (Central Sq., Cambridge), Steve Barrows (Framingham), Dave Tobin (Tour-1, GMF), Rich Sullivan (Union Sq., Somerville), Mark Henderson (Maintenance @ Northwest Boston), Tom Long (East Weymouth) and Nick Papadinis (West Roxbury) for stepping up to the plate to help the membership. It’s a thankless job but these dedicated members decided the time was right to step up and represent you, the member.
Lastly, I want to speak to non-members that I know either read the Bostonian or read our articles on-line. First I have to ask …why are you reading a union newspaper? How can you work next to a dues paying member and not feel guilty? We (the union) are in for the fight of our lives with the upcoming contract negotiations. Please don’t tell me or anyone else that the union does nothing for you, or you’re just mad at a certain steward. That is BULL, and you know it!!! If you could give an honest answer, you would admit you are just too cheap to pay. You want the other person to pay so you get a free ride like you have for many years.
The Postal Service is attacking all of us by reduction in staffing, getting rid of injured workers, increased discipline, completely ignoring FMLA laws, and excessing up to 500 miles away. So you, the non-member, sit by and watch all of this happen to your co-workers, thinking it will never happen to you because you are the management suck-pump. I don’t know how any non-member can cash their check and not feel guilty! Everything on your paycheck was negotiated by the American Postal Workers Union. I have an idea . . . from now on – when you cash your check, walk in backwards and don’t show your face. I know I could not work next to my co-workers without being embarrassed.
Again, why are you reading this article? You know why….you are too cheap!!!! The time has come for you, the non-member, to man up and join the APWU. The time has come for you, the non-member, to stop riding the backs of your co-workers and getting all benefits for nothing and, last but not least . . . stop reading the articles that union sisters and brothers pay their hard earned union dues for.
Do the right thing . . . Join the APWU and stop making excuses . . . because no one believes them!!!
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FIRST QUARTER 2010 ISSUE
THE END OF AN ERA, A NEW BEGINNING
This is an article I thought I would never write during my term as your Director of Industrial Relations. My last article with Moe Lepore as my President. Even just mentioning it sounds so surreal. How can the Boston Metro Local not have Moe Lepore as its leader? As many of you know, Moe is leaving us on April 1st, 2010, so he may devote all of his time and energy to run for office at the national level in Washington D.C... Moe has picked the perfect job for someone with so much fire and energy…the job of organizing as many non-members as possible. Can you imagine someone in Texas that has never met Moe? After Moe speaks to that non-member, he or she will be ready to jump off the nearest bridge for our union.
In all seriousness, Moe has been my friend for 30 years and hasn’t changed his passion for this Union even the slightest bit. He always had the fire in the belly that will continue to burn in Washington, DC. Many of us remember some little guy running around the G.M.F., looking for any supervisor or manager to explain how exactly the contract is to be followed. Sometimes it took more than a few words from Moe to explain it but most times it took Moe’s finger in the face of that manager to get the word of the Union across. Before I really knew Moe I wondered, who is that guy with the Red Sox hat? It didn’t take too much more time for me to realize he symbolizes what being a unionist is all about. The first time I attended a union meeting I witnessed Moe giving one of his speeches about management doing our work. He stood up and yelled "FIGHT THE DRAGON" and take back our Service. At that point I was ready to kick some management ass.
It has been an honor to work with Moe as a steward and now as a full-time officer. Many people really don’t know what kind of person Moe really is. Besides being a close friend, I respect him even more for being a great father to his son, Daniel. Daniel is in his mid- 20’s now and each and every week Moe and Daniel spend time with each other. As much as Moe is devoted to this Union, he would tell you he is a dad first and a President second. I would ask that any member that would like to say good bye to Moe to try to attend his last meeting in March. Please look for the bulletin for the date and time.
It is sad but this is the end of an era. I can’t picture April 1st and coming to work without Moe. We will get on with business that day but it just won’t be the same. I say to you . . . Moe, "Good Luck for I know this is only the beginning of your next chapter in this Union. There is no doubt in my mind you will win your next election and make us all proud". Washington has been lucky lately, our loss has been their gain. We’ve lost many great unionists over the years such as Steve Albanese, Jim McCarthy, Richard Boutwell, and Steve Lukosus. Needless to say we have our pick of whom to call when we need a question answered.
Now for the New Beginning, As of April 1st Bob Dempsey will be our new President. Bob will have his work cut out for him trying to fill Moe’s shoes. I know he will continue Moe’s fire in our local and will also continue to bang on doors on the 4th floor when needed. Myself and clerk craft president Bob Keough will work side by side with our new president and assist him in any way we can. Brothers and Sisters, we have a strong local that will only get stronger in the upcoming years. Times are tough as we all know, but let me make this very clear . . . if the Plant Manager, District Manager, and Postmaster feel that we are weakened without Moe, then they will be severely mistaken. The agenda of the Boston Metro is very clear. We will fight anyone tooth and nail each minute they violate our contract or try to harm any employee.
I’m happy 2009 is behind us and at the same time hoping 2010 will be a better year. With the early outs or early retirements, our local lost approximately 250 members. That is a huge decline in membership which now brings us down to fewer than 2200 members. One has to wonder why do we have so many grievances with fewer members? The vast majority of grievances lately have been staffing problems throughout the district. All crafts are now understaffed. Our maintenance brothers and sisters that own custodial jobs are now working as elevator operators for full 8 hour tours. One has to wonder, who is cleaning the routes if custodians are running elevators? There is already a rodent problem in almost every building now so why are we not cleaning the way we should? Does somebody need a dope slap in Maintenance?
I know I don’t need to remind all brothers and sisters to work in a safe manner. All crafts are now working understaffed while at the same time doing more work. Please do not try to perform the duties of three people. Your manager is hoping you continue to perform the work of three people to show upper management he or she was justified in cutting jobs. If you are working on the platform – please follow the S.O.P. with every arriving truck. If you are a truck driver – please wait for the expediter at your door and please also follow the S.O.P. Management knows you are going the extra mile to stick to your routes but taking short cuts to perform your duties could back fire. If you do not follow the S.O.P. and something does happen such as an injury or an unsecured load on the truck falls out the back door onto the street, you and I both know who will take the fall for this. I don’t care if every truck is delayed one hour each to follow the S.O.P. That is the way it must be until the platform is properly staffed. Please do not put your job at risk taking short cuts.
Do I need to tell any window clerk about working understaffed? Shortage grievances are hitting my desk at a record clip. This is a major concern to all of us. Again, window clerks are trying to do the work of three people after all the job cuts. Please take your time with each transaction on your window. If you look up and see 100 people in line ,do not rush. The Postal Service always states in every Letter of Demand that the employee did not exercise reasonable care in their duties. Basically that means they feel you are not watching what you are doing. Can you imagine the Postmaster or District Manager standing in front of 40 angry customers? Please take your time and do your job the way you were trained … nothing more and nothing less.
I would respectfully ask all window clerks to please work the window. If you don’t, you are only helping management to cut - if not your job - then someone else’s. There are too many sweetheart deals in some offices such as Fort Point Station; that has to stop! We are all in this together which means we should have each other’s back. Do not let your supervisor play favorites. Everyone should be treated the same. Don’t you think management loves it when clerks stab each other in the back? How some of these people are allowed to stay on as supervisors always amazes me. We are at the bottom of the barrel with supervisors. . . go no further than Fort Point Station. There is one supervisor that is not capable of supervising a cemetery.
I would like to remind all brothers and sisters their rights when it comes to being interviewed by Postal Inspectors and the O.I.G. I am amazed at how many brothers and sisters do not ask for union representation when approached by these people. It is your responsibility to request representation immediately after these agents identify themselves. They will try to convince you that it’s no big deal for you to speak to them and it’s also in your best interest to answer their questions without delay. Please do not fall for this tactic!!! You have rights. I hate it when someone states they spoke to them because they have nothing to hide. That maybe so but they may twist your answers around and even ask you to take a lie detector test.
Never ever submit to a polygraph test.
Please remember these words when approached by these guys. "I request the presence of my APWU representative before I will speak to you".
Lastly, I trained five new stewards recently and I would like to thank each one for stepping up to the plate to help their brothers and sisters in our struggle. The new stewards are: Donna Dyer, Mary Beth Mayo, Tanya Svenson, David Arruda, and Chad Monagle. There is no doubt in my mind these five new stewards will be strong unionists that all members they represent will be proud of. I look forward to working with each one and wish them the best of luck.
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November/December 2009
Home For the Holidays ?
First and foremost let me take this opportunity to wish everyone a very Merry Christmas and Happy New Year! This past year has been a very difficult one for many of us. I can’t remember a year that has been filled with so many ups and downs. Hopefully all of us can spend time with our families and loved ones and that will help us all to forget all the depressing days that we all have been through. I only wish that "2010" will bring each and every one of us good health for our families, close friends, and co-workers.
Since my last article, as everyone knows by now, several things have taken place. Many brothers and sisters have taken advantage of the early out to get on with another part of their lives. It must be a great feeling to know when your last work day will be. I look forward to waking up one day and realizing . . . Wow, this is it!! That day for me is still a few years away but at least I can dream, can’t I? The good thing is many members have retired, but the bad news is we have lost many members. The Boston Metro Local at one time was up to around 5,600 members and now, if we’re lucky, we may have at this writing around 2,200 members.
One would think that the grievance activity would lessen with fewer members, but it’s the opposite . . . there are more grievances now than ever and, to be honest, I see grievances picking up in 2010 where it left off in 2009. You and I both know with all the retirements that the Postal Service will do their best to make you work a little harder with less help.
As of today Phase Two of the National Reassessment has hit town. I thought it may be several more months before this phase would come to Boston but now that the next phase is here, it’s here to stay. Phase Two is a little different from the first phase where it only dealt with employees that are injured with permanent restrictions. Now, Phase Two lumps all injured employees - regardless of permanent or temporary - together as one.Let me give you an example of how this next phase will work. If any member suffers an on the job injury during the night on a single work shift, or has an ongoing problem and now files an I.O.D., that employee will be automatically be put into the N.R.P. At the time of any injury, all employees must fill out the proper forms (CA-1 or CA-2) and seek medical help if needed.
The problem I see in the future for all employees who suffer an injury is if your physician, after his examination, states you now have restrictions.
If these restrictions prohibit any employee from performing their respective bid assignment, in my opinion, you have a very good chance of going home until you are fully recovered. Many current injured employees have for the past several weeks been placed on standby in a room for 8 hours. In my opinion, this was done solely to make it look like there is no available work for anyone with restrictions. How can someone be gainfully employed for months performing manual jobs such as headcase, return to sender mail, and other various assignments, while recovering from an injury or illness? Are we to believe that this work went away overnight?
Every manager is required to make every effort under Phase Two to try to locate work for any injured or light duty employee throughout the district, and even look for available work in other crafts. This pecking order can be found in chapter 546 of the ELM. I can predict all brothers and sisters will be told by their manager that they are trying to find available work for you but, believe me, this couldn’t be further from the truth. I feel that in most cases most of the injured or light duty employees not working their bid assignment will not have a job identified by management that can be performed under their restrictions. This is a fact and don’t let anyone tell you otherwise. The purpose of Phase Two is to force everyone back to full duty or, better yet, to start the process of getting as many employees off the rolls as soon as possible.
If any employee is identified as being placed in the Phase Two Process and at that time is asked to update their medical restrictions, please do so. Obviously if any employee is getting better, please show that you are on the road to recovery on the proper form (CA-17) and also when you are expected to resume full duty. At some point in this process - if you cannot resume full duty, chances are that you will be called in for an interview concerning your status.
At this interview an employee could either receive a new 2499 (modified job offer), or be told there is no available work at this time. I strongly advise any employee who is called into the manager’s office to be interviewed, that you ask for union representation immediately. If presented with a new 2499, please read it carefully to make sure the offer is at least 4 hours and within your restrictions. If the job offer is less than 4 hours, then the job is not a suitable job offer.
I expect in most interviews the employee will be told the Postal Service is unable to find work under the employees’ work restrictions. At that time the employee will be told to fill out a CA-2a and given several options such as, choose C.O.P., fill out a 3971taking leave of your choice, or fill out a CA-7 to be compensated by the Dept. of Labor. If by some miracle available work is located but only for 4 hours a day, you will still have to take some type of leave for the remainder of the day. At that Phase Two interview if a member decides not to take the job offer of 4 hours a day, you will be told to leave the building and report back to work your next scheduled work day to see if any work can be identified.
Brothers and Sisters, as you can tell, the Postal Service is looking for any way they can to reduce the payroll. At this point they are attacking anyone that is ill or injured. I would advise any employee from now on – if you are injured at work – stay out of work with supporting medical evidence until you are completely healthy to perform your respective bids. The days of coming back as soon as possible with restrictions are over. Management can tell you what they want, but the truth is they have their marching orders under this phase.
I will be here to answer any and all questions concerning Phase Two, so please call with your concerns at any time. I guess the Postal Service thought this new phase would be a great Christmas gift for all injured and light duty employees. I can just picture all the managers on the 4th floor in a meeting talking to each other . . . "How can we mess up Christmas for some of our loyal postal employees? Oh I know . . . let’s send them home and not pay them for the holidays". At that time a 6 ft 3 in. Scrooge stood up and said with a smile . . . "NOW THAT’S WHAT I’M TALKING ABOUT".
It’s so sad that we have people in this building running this company into the ground and who do they blame it on? We have the Manager of Customer Relations giving a pizza party for all the chosen suck pumps to celebrate, as she put it, their "amazing accomplishments during FY 2009". They not only had a pizza party, but hidden prizes! Are we in the 4th grade here or what? I know most everyone feels the same way I do about pizza parties from their managers . . . They can take the pizza and stuff it where the sun don’t shine!!! So much for the Postal Service having a deficit (7 Billion) since this pizza party came out of its funds.
Lastly, it’s been a quick year in office and I can say with all certainty I am no longer a rookie. I am so lucky to be here as your voice, and I will continue to force management to adhere to the contract.
I want to thank all the people who make me look good – all the Area VPs . . . Ray Bell, Bob White, Barry Holland, John Milso, John Uccello, and Bob Waterhouse, who is the Cambridge step 2 advocate. I also want to say "Thanks" to the Chief Stewards, John Coburn, George Tarquinio, John Tobin, Dan Gonsalves and Matt Dodd. I can’t mention every steward but I want to say "Thanks" to all of them for their hard work at representing the membership. It’s not an easy job but these people stepped up to fight the fight and do a great job.
All of these stewards are responsible for winning the membership thousands of dollars this past year because of the grievances they filed and won. I urge every brother and sister to file grievances if you see a violation. We as a union must do more to protect our job security. All crafts are doing more work with less help and thus supervisors and managers are performing more craft work. They will act like they are giving you a hand but if you allow this to happen, this same person will be abolishing your job, stating there is not enough work. Please do not stand by and watch your manager perform your job duties. DO THE RIGHT THING . . . FILE A GRIEVANCE!!!!
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September/October 2009
STANDING UP FOR THE WORKING MEN & WOMEN
It’s hard to believe the summer is over, did we even have one? The fall approaches with many critical issues at hand in our local. Excessing by management is everywhere and to be honest this could be just the tip of the iceberg. I would like to begin my article concerning an attack by the Postal Service on an officer/union steward. Scott Hoffman currently is a steward at the Chestnut Hill Post Office. I’m sure many members know Scott from the L.S.M. days in the GMF many years ago. If you do know Scott, you know that he is an aggressive and passionate steward to say the least. Scott is not only an officer/steward but also an arbitration advocate. If any management advocate would admit it ,they would tell they have their work cut out for them when they know they are going head to head with Scott Hoffman.
That being said, Scott has not worked a day for the Postal Service since April 22, 2009. Recently Scott has unearthed improprieties in the GMF Medical Unit concerning Fitness for Duty Exams. When the Postal Service schedules a Fitness for Duty exam for employees, the Postal Service is required to inform the employee why this exam is requested. Along with that, the Doctor which will perform the exam is also given a record or forms about the employee about to be examined. What Scott uncovered was the examining Doctor only received what the Postal Service wanted to send him or her. Many items of interest that should have been sent to the Doctor were left out obviously on purpose. To say the least, the Postal Service did this to persuade the Doctor their way and hopefully get an unfit report after the exam.
Many items sent to the Fitness for Duty doctor would be unsigned statements, records that were 20 years old, old discipline, etc. Never included in this record sent to the doctor would be copies of grievances to show the employee won his case, or statements from co-workers helping this employee and, last but not least, updated medical showing the employee has a chronic condition.
How can any employee have a chance if the Fitness for Duty physician does not have all the facts in front of him or her? After Scott confronted the Medical Unit on these issues, the attack on him began. All of a sudden Scott was scheduled for a Fitness For Duty Exam of his own. Management again sent only evidence to the Fitness for Duty doctor showing, while on union business, Scott had had heated exchanges with management over the treatment of members on the workroom floor. In all my years I’ve never seen an attack on any steward conducting union business like this attack against Scott.
The Boston Metro is not going to allow this to happen to any officer/steward without a fight. Immediately the local contacted Greg Bell, our National Director of Industrial Relations. He stated at that time since Scott was being directed to undergo a Fitness for Duty because of his union activities, that the Boston Metro should seek legal help in the fight against management. The Boston Metro took Mr. Bell’s advice and contacted the local’s lawyer, Shielah McCarthy. Immediately Ms. McCarthy went to court asking for an injunction to stop the proposed Fitness for Duty exam.
Presently, this is still on- going in the court system and grievance/arbitration procedure. The attack on Scott is not a Scott Hoffman issue, but an attack on our union. Scott is putting his Postal Career on the line for his union and the membership of this great local. You, the membership, should know that being a steward is not only about filing grievances. Any steward in this local would put his or her career on the line to save a member’s job.
As all members are aware by now, our General President, Moe Lepore, has decided to run for National Office in the next election. Moe will be running for the office of Director of Organization of our National Office. This came as quite a shock to us all but after the initial shock, when you think about it, the move makes sense. Moe will now be traveling across the country, hoping to sign as many non-members as he can at this time in our careers when we need to make our union as strong as we can. Can you imagine someone in Kentucky that hears Moe speak for the first time? Moe will take that fire that we all know he has hopefully to all 50 states and get as many new members as possible.
Moe has a fire for this union that is unmatched by anyone that I have met in my entire postal career. If any brother and sister could be in this office at 5:30 a.m. and see just how much Moe has accompolished before the rest of the officers are even in there to begin our day. He has more energy than the energizer rabbit and has the uncanny wisdom to predict things that are months away.
It will be a sad day when Moe leaves for Washington after his victory on election day because all of us have become accustomed to having Moe around as our leader. Vice President Dempsey will assume the office of General President at that time. To say the least, he will have his work cut out for him; but that will be the time for all officers, stewards, and the membership to keep the fire burning that Moe has already lit years ago.
On a personal note, I want to thank Moe for his leadership and his friendship. It goes without saying he is union 24/7 but most of all it’s his friendship I will miss. He could be the biggest pain in the ass, don’t get me wrong, but Moe would give you his last dime, drive 100 miles just to be there in your time of need, and has never said no to anyone that has needed help. No one but no one will fill Moe’s shoes, but this local will go on being one of the most organized and strongest locals in this country thanks to Moe Lepore and all those who preceded him.
Lastly, if I may say a few words about Senator Ted Kennedy. It was a sad day when all of us heard of the passing of the Senator. To most of us, there has always been a Kennedy in our State. We always thought this would be the case for our lifetime. To me this is a sad ending to the Kennedy legacy and we probably will never see another Senator in our lifetime like Ted Kennedy. As many have already spoken, "Ted Kennedy was the real deal" as they say. He was union friendly, compassionate, and most of all a friend to all who needed help. Before he died he fought up to his last breath for the cause of his life, " providing health insurance for all Americans". This was the Senator’s passion and like he always said . . . "THE DREAM LIVES ON". Rest in peace, Ted.
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JULY/AUGUST 2009 BOSTONIAN
COMING ATTRACTIONS
The Postal Service unleashed a new step two phase of the National Reassessment Process which is currently in Providence, RI, at this time. This phase is labeled a Pilot Program whereby all limited duty, whether temporary or permanent, are all included. This Pilot Program is not currently slated for Boston for several months, but I felt I must warn you of its intentions.
Let me give you a couple of examples of what could happen to anyone who is on limited duty when this program comes to our local. Management, on a daily basis, will identify work they deem is necessary for anyone who is injured. If anyone is injured on the job today and fills out the paper work for the injury, that employee will automatically be put into this program.
If an injury requires any employee to have restrictions which prevents them from performing their assigned bid, management must make every effort to find work for them. Here is the scary part. If only 3 hours of work can be located within their restrictions, a Form 2499 will be filled out by their supervisor for only 3 hours of work. At that time, the injured employee will be called into an office advising them of the available work and be told to "take it or leave it". If an injured employee does not except this assignment, they will be sent home immediately. If the injured employee decides to accept the offer, they will work for 3 hours and fill out a 3971 for leave of their choice or C.O.P.
Brothers and sisters, this will be done on a daily basis for as long as you are injured. You will be told to report to your assignment on your next scheduled workday to see if there is any work to be performed within your restrictions. Again, if none can be identified, you will be sent home.
Recently, Bob Keough and I went to represent an employee at the Cohasset Post Office. We were both amazed at how the management team of so called experts knew absolutely nothing about this pilot program. They sat a brother down to explain to him he was going from working 40 hours a week to working 30 hours a week. They couldn’t help him fill out the proper forms, answer any of his questions and, the worst part of all, Bob Keough and I had to explain the process to this gentleman. The woman and gentleman from management stated, and I quote, "Thank God you know all about this". In management’s own memo, it states assistance will be provided in completion of all forms along with answers to any questions. What they left out was, this assistance will come from the American Postal Workers Union due to the fact we don’t have a clue what is going on!
I will update you in the near future when this next phase is scheduled to come to our local. The Postal Service is doing its best to reduce the payroll, and this is just another way to do it. Is there a day that doesn’t pass when your supervisor doesn’t mention the Postal Service is in serious trouble? They have been told to reduce overtime hours, paid leave and, lastly, send all injured workers home, stating there is no work available. This will also stop employees from reporting injuries. As usual, the APWU will fight all attempts to harm our members by these idiots that come up with these stupid programs. Stay tuned – there is more to come!
Grievance activity is way up but that doesn’t surprise anyone, does it? The Boston Metro is well over 1,000 grievances filed and probably 1,000 settled grievances at the step 1 procedure. As everyone knows, the Postal Service has cut overtime to the bone and really doesn’t care about staffing. All the Postmaster is concerned about is how to reduce the payroll, and this is done by cutting hours anyway he can. Window clerks continue to work alone for long periods without a break, and continue to receive discipline for not asking certain questions even if they know the customer only wants a certain service.
Maintenance has a manager who feels it’s time to automate the elevators on a building that may not exist five more years. The proposed cost of this brilliant idea is around $880,000.00. This brilliant idea will eliminate 27 elevator operator jobs, therefore excessing these 27 employees to who knows where. Let me see if I understand this….we are broke…that’s what they tell us….let’s spend $880,000.00 on something that we don’t need on a building we are leaving soon and, oh yes, … let’s send 27 families out of state. Sounds like a plan concocted as this manager sat in his back yard having a beer!
They say the logic behind this is we will save money in the future getting rid of 27 employees. They will still be postal workers getting a postal check every two weeks, won’t they? Can anyone else see who is destroying this company? "Abbott and Costello" are alive and well in Boston.
MVS is still spending money at an outrageous pace on private contractors when we have qualified people to do the same job here. Yes, brothers and sisters, we are in trouble but it’s not you and I who created this problem; but you are the ones paying for Abbott and Costello’s mistakes. (I’ll let you figure out who Abbott and Costello are!)
I want to thank all the area VP’s and stewards for all their support. If the membership only knew just how much time and effort you put into your jobs, they would be shocked. It’s not an easy job but like they say, someone has to do it. To the membership, please do not let anyone perform your work who is not a craft employee. File a grievance when any EAS employee is performing your work. Please work your bid job on a daily basis. If you are a window clerk, please work the window. If you don’t, you are only helping your manager to downsize jobs in your office. I can’t stress this enough to all brothers and sisters….Work your Bid!!!!
Lastly, it’s been a little over one year in my first term as Director of Industrial Relations. I have to admit it’s a whole different world that I have been lucky enough to be elected to. I have nothing but the utmost respect for all former officers who have held a position in this office. They always said – you have no idea what’s it’s like until you walk in our shoes. I enjoy my job and all that comes with it. I’ve enjoyed seeing old friends and making new friends during my visits to many stations. I will never take this job for granted for I know I am lucky to hold this position.
I am honored to work with Moe Lepore, Bob Dempsey, Bob Keough, Bill Weaver, and Wayne Greenside. When I need help or advice, they are only a call away and they are always willing to help. I could name so many others but it’s all a team effort that should not go unnoticed by the membership. This team is missing a key ingredient however; we now need the entire membership to help continue the fight. More than ever our jobs are getting slashed and our rights violated day in and day out.
You, the membership, are our eyes and ears in your station. You must not allow your supervisor to perform craft duties. I know a lot of members get along with their bosses but this is your career he or she is messing with. All of us need each other to make it another 30 years in this business; but if we allow business as usual, then we are doomed to fail.
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MAY/JUNE 2009 BOSTONIAN
INJURED AT WORK? A TRAUMATIC INJURY?
DO YOU KNOW WHAT TO DO?
The most common injury is the traumatic injury. This is defined as a wound or other condition of the body that is caused by external force, including stress, identifiable in time and place, and that is the result of an incident or a series of incidents that occur during a single workday.
Example: You are working at your case and your supervisor approaches you and starts yelling at you in a very loud voice in front of all your co-workers. If this action causes you to be stressed at that time, then this is a traumatic injury.
Why? Because this one incident occurred in a single workday and you can identify the time and place. In all stress claims, it is very important that you have witnesses to back your claim that your supervisor yelled at you.
Example: You were lifting a heavy package or just dispatching heavy tubs on a machine and felt a sharp pain in your back or legs. This is also a traumatic injury.
Why? At 11:00PM, you were lifting a tub or package and felt this pain. You can identify the time and place of this incident, so this is a true traumatic injury.
The most important part of a traumatic injury that I hope you remember is if you know when the injury occurs and what you were doing at that time . . . then you know it’s a traumatic injury.
NOW THE MOST IMPORTANT PART OF THIS ARTICLE:
After you know you are injured, it is your responsibility to report the injury immediately to your supervisor. This means any injury, for example, paper cut, an insect bite, a scratch anywhere on your body, muscle pull, dust in your face, slipping on anything on the floor, food poisoning in the cafeteria, and even having a jitney hit you.
A. If your supervisor knows his job, he will have you fill out a CA-1, Notice of a Traumatic Injury, and Claim for C.O.P. Don’t let the supervisor tell you to wait a couple of hours to see how you feel.
The single biggest mistake people make is not reporting the injury and thinking the injury is not serious.
The next day you wake up and can’t get out of bed because of pain. You go to work and finally report the injury to your supervisor and he will say to you, "Why didn’t you report it yesterday?". You will now be disciplined, and your claim will be controverted. Don’t make this mistake. Report any injury immediately to your supervisor.
B. There will be a box titled C.O.P. on the CA-1 that you should check off in case after your doctor’s visit he should disable you for a day or a month. C.O.P. is Continuation of Pay so your pay will not be interrupted just as if you were still working each day. You are entitled to 45 days C.O.P. when claiming a traumatic injury.
C. If your injury is not an emergency (any bleeding, heart attack, eye injury, broken bones, or just anything that stops you from driving your car), then you should call your doctor for an appointment, or go to the same hospital where your treating physician practices, and go to the emergency room for treatment. You should never go to any postal contract physician if it’s not an emergency. If you are told you have to go to their doctor . . . call for a steward immediately !!! If you are forced to go to their doctor, never make a follow-up appointment. Tell the contract physician that they can examine you, but not treat you. Go to your own doctor !!! The second doctor will now become your treating physician.
Example: It’s 1:00AM, and you hurt your back lifting a tray in automation. Report it to your supervisor, fill out a CA-1 and check off C.O.P. If you can drive and walk OK, then go to your hospital of choice. Go to the emergency room and make a follow-up appointment with your own doctor.
D. There are two forms you should be given to take to your doctor by your supervisor.
1. CA-20, "Attending Physicians Report". Your primary care physician should fill this form out after he treats you. The CA-20 should have a diagnosis. If you’re disabled, the CA-20 should state how long, and it must be signed by a doctor – not a nurse.
2. CA-16, "Authorization for Examination and/or Treatment". This form will let your doctor know any treatment given to you will be paid by the Department of Labor for sixty (60) days. This form only comes with a CA-1 and when you are going to see your doctor or your own emergency room on the same night of your injury. Your supervisor is obligated to give you this form within four hours of your injury. All you have to do is state, "I don’t want to be treated by the Postal Service’s doctor; I’m going to my doctor or hospital today or tonight". The CA-16 must be filled out by your supervisor with the hospital’s name on it before you leave work for treatment. If your supervisor does not give you one, ask for a steward before you leave for treatment. Most supervisors do not have a clue what a CA-16 is, nor where to find one.
E. Once you receive treatment from a physician and he fills out the CA-20 disabling you from work, it is very important you get the evidence in within ten (10) days of filling the CA-1. If this deadline is not met, you will not receive C.O.P. Once again . . . if disabled . . . medical evidence must be turned in within ten (10) days with a diagnosis, and signed by a doctor (not a nurse).
F. To be eligible for C.O.P., the form CA-1 must be submitted within thirty (30) days of your traumatic injury. I can’t stress enough how important it is to notify your supervisor for any injury immediately - and just as important to fill out the paper work for the injury as soon as possible.
HERE’S A RECAP ON WHAT TO DO IF YOU HAVE A TRAUMATIC INJURY:
Notify your supervisor of your injury immediately.
Fill out a CA-1 - and check off C.O.P.
A filled-out CA-20 with a diagnosis and signed by a doctor - not a nurse.
A filled-out CA-16 by your supervisor
Medical evidence disabling you must be in within ten (10) days of a completed CA-1.
A CA-1 must be turned in within thirty (30) days of the injury to be eligible for C.O.P. (Continuation of Pay).
I hope this article will help you if you are ever injured at work. Your supervisor should know what to do, but in most facilities, supervisors do not want to do the paperwork. It’s their job to help you when you are injured.
Don’t let anyone talk you out of filling out a CA-1.
You have to protect yourself because no one else will. I am tired of getting the same call day after day, "I got hurt two weeks ago and didn’t report it because I didn’t think it was anything bad". Please, don’t make that mistake. If you’ve learned anything from this article, it is to report your injury immediately to your supervisor.
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| Articles from Past Issues . . . |
APRIL / MAY 2009
"STAY STRONG. WE WILL GET THROUGH THIS."
My article this month will be about several topics that concern you and I. It’s no secret the Postal Service, along with the rest of America, is in deep trouble with financial woes. They are claiming we are losing money at a staggering rate each month. If anyone watches the local and national news each night, you would agree times are tough these days. It’s sad to see so many people laid off and homeless at the same time. We live in a rich country, but you wouldn’t know it by seeing so many hungry and homeless children. I can only pray that with a new President who has a plan for the future that he can right the ship and bring this country back from eight terrible years of the Bush administration.
As Postal workers we enjoy many benefits that most do not have. For many years people always said "you are lucky to have a job". No one really paid attention to that comment and, if all of us admit it, we blew that comment off. We blew it off because we all were doing fine, such as 20 to 30 hours of overtime each pay period, using our leave any time we wanted; and staffing was never a concern. Now in 2009 we are getting swamped with threats that the Postal Service will never last unless we change our ways.
All Postal Workers know just by looking around in their stations or plants that this is not your father’s Post Office. Our office, on a daily basis, receives staffing package after staffing package which either abolish jobs or excess members. Overtime is down to almost nothing or, if we do get overtime, it’s only for 20 minutes for daily, or 4 to 5 hours on an N/S day. I didn’t believe a lot of the warnings from the Postal Service until I attended a Presidents’ Conference in Washington, DC, at the end of February. At this Conference, National President Burrus gave a gloom and doom report and, to be honest, concurred with the Postal Service’s accusations that we are in desperate times.
The comment that alarmed me during President Burrus’s speech that day was the Postal Service lost $800 million dollars in January alone and at that rate no company could remain in business losing that much money long term. President Burrus also stated with a strong tone to his voice," WE WILL GET THROUGH THIS".
I guess what I am trying to say to you, brothers and sisters, is to stay strong, do your job the best you can, and know with all certainty you have a job for life. That being said, the Postal Service has no right to violate the contract they agreed on November 21, 2006. Until our contract ends on November 20th, 2010, they must adhere to the agreement in its entirety.
The Postal Service is asking our members to completely ignore our Agreement so that the Postal Service may live another day. This is bull and they know it. The real reason we are in deep trouble is due to terrible leadership from (Postmaster General) Potter down to the line supervisors. This ship is slowly sinking only because they are overspending and wasting funds every day on needless things such as useless machines that are tossed in dumpsters within months, bonuses for special people ( need I say more), and millions of dollars paid to workers when management violated our contract day in and day out.
We also should be looking for added revenue. Recently DHL went out of business, and we didn’t get that work; why? We have a supervisor buying stamps with her own money at Newtonville and giving them out to customers waiting in line. Again, we need revenue and she is letting it walk out the door.
So please, don’t tell me the Postal Service is in trouble when our trouble is right in front of us. Please don’t tell me we are in trouble when the Postal Service is contracting work out from the M.V.S. and Maintenance craft – at a higher rate of pay. Even if we paid overtime in these crafts, it would cost less than contracting out.
So, brothers and sisters, we would be happy to help save the Postal Service, but don’t you think they should clean up their own house first? The Postal Service always comes to the workers for help and we suffer the consequences such as AWOLs, FMLA disputes, discipline for talking, etc. But this time it’s on them . . . help yourself first, Mr. Potter!!!!
NATIONAL REASSESSMENT UPDATE:
It is sad to report as of March 20, 2009, that we have lost 6 members to the Reassessment Process. The Postal Service has proceeded with their plans to reduce payroll by ousting as many limited duty employees as they can.
As many as 30 more members will lose their jobs by the Summer’s end. I can’t begin to wonder what it must be like to walk in the shoes of these members. All they did was get injured at work, and what do they get after all their years of service – THE DOOR!!
Management is now hoping employees won’t report injuries; and guess what, that’s exactly what is happening now. Again, I would ask anyone that is not involved in the Reassessment or has never been injured to please not judge your injured brother and sister. What would you do if you had back surgery, neck surgery, lost use of your hands where you couldn’t even wash your hair or tie your shoes; and after all of the pain and suffering from an injury at work, you were told the Postal Service no longer needs you?
Lastly, grievances are already up from last year. Our local has already filed 400 grievances as of March 20th. We are on a record pace to surpass last year’s grievance total of 2300 cases. I would ask all members again to file a grievance any time you see a supervisor or another craft employee performing your work. Please remember, if you let this happen day in and day out, you are helping to excess yourself or a co-worker.
I want to make this very clear before I go on. I am not directing the following comments to ALL 204Bs. There are many members who are 204Bs that never hurt their brothers and sisters. I understand some members perform this job to make extra money for their families, and I respect them for that. Unfortunately we have many dues paying members that are 204Bs or acting supervisors who, for some reason, like to harass or bully their own brothers and sisters while on higher level. A word to these 204Bs, if you are on higher level – then you are management. I never want to hear from you that you pay dues and why are you bothering me.
As far as I am concerned, as a 204B you are on the dark side and you have no voice in the APWU at that time you are on the 204B status. I would ask all stewards if you have 204Bs in your station or office, to keep track of their higher level time and if he or she is on higher level for 120 consecutive days – to file a grievance to have that bid vacated so that a deserving member can bid it. If these 204Bs want to play a game and hold two jobs at once, then make them pay for it. If you are a 204B at this time, ask yourself – is it worth the extra dollar a day? Do you even realize that the longer you are on higher level the more it shows your bid is no longer needed? In other words, an easy decision for your friend, the manager, to abolish your job. So ask yourself, is it really worth it to make a dollar more?
One last comment to any 204B, please don’t blame the union when your job is vacated after a grievance . . . Blame Yourself!!!
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JANUARY / FEBRUARY 2009
FILING A CA-2 THE RIGHT WAY THE FIRST TIME
This article will deal solely on the FORM CA-2, OCCUPATIONAL DISEASE, and how to help you better understand how to properly fill out this form the right way from day one.
Filling out a CA-2 takes a little time from you, the employee, but with a little patience, you can do it right the first time so it doesn’t take months to get approved by the Department of Labor. In this article, I will give you the do’s and don’ts of a properly filled out CA-2.
The most important part of a FORM CA-2, Occupational Disease, is to make sure that it is an Occupational Disease. The best way to know this injury is, in fact, an occupational injury is if your injury has happened over a period of time. In other words, it did not happen on one single work night. (If you injured yourself on a single work night, then that would be a CA-1, Traumatic Injury.)
Let me give you an example. You are a mail processor, and your right wrist has bothered you for two months every time you lift trays or ledge load. You do not know exactly how you hurt it, but you are sure it is due to your job as a mail processor. Since this injury is cumulative and not a single shift, the injury would be defined as an Occupational Disease. Therefore, a CA-2 should be filled out. Now that you know what a CA-2 is, please follow the steps to properly ensure your claim is not delayed due to lack of effort on your part.
The single most important step in getting your claim approved is a Physician that will state your injury is job related. Before you think about filling out a CA-2, go to your Primary Care Physician. Explain to him/her why you feel your injury could be job related. I hope that your doctor will agree and refer you to a Specialist. A Specialist is very important since the Department of Labor usually will not accept a diagnosis from a Primary Care Physician. A Specialist’s diagnosis will carry more weight in getting your claim approved through the Department of Labor. Once you have a Specialist that is ready to state your injury is job related, then you are ready to proceed in filing your claim.
1. Ask your supervisor for a CA-2 Form (yellow form) and a CA-20 Form (Attending Physician’s Report). Once you receive the forms, you must follow all the instructions on the back of the CA-2 Form before you can turn it in to your supervisor. On the back of the CA-2 Form in the upper left you will see Employee’s Statement. You must answer on a separate piece of paper - all the questions from A to E.
2. Also on the back of the Form CA-2, to the right of Employee’s Statement, under Number 2 is MEDICAL REPORT. The Specialist now treating you should fill CA-20 Form out entirely. However, take note of Letter G. Your Physician must explain how your employment caused your injury. Your claim will not be approved unless your Physician states, "YES", YOUR CLAIM IS JOB RELATED.
The following example should be taken to your Physician to help him/her explain how your employment caused or aggravated your injury. Your Physician should include any results from any tests taken, such as MRIs and CT Scans, etc.
Example: Mr. John Doe has been a postal employee for 25 years. He is currently a Mail Processor, which requires him to lift heavy trays of mail, which could weigh up to 50 lbs. each. Sorting, culling, sweeping bins of mail, pushing heavy equipment, and ledge-loading mail onto machines have been performed by Mr. John Doe for the past 5 years, 40 hours a week, 8 hours a day.
It is my opinion, with all MEDICAL CERTAINTY, the diagnosis of lower right lumbar strain of the back is causally related to his employment.
This is just one example but, as you can see, the Specialist explained how your job caused your injury. Whether you are a window clerk, manual clerk, machine technician, bus driver, or an elevator operator, please use this example to show your Physician how he or she should write their narrative supporting your claim for injury.
Now you are ready to finish filling out the CA-2 so you can hand it to your supervisor. Please make sure you fill out the entire front page. Please look at questions 11 and 12. Block 11 should be the date your injury first started to bother you. It is OK to just put the month and year in only. If your shoulder bothered you five years ago, then put in July ? 2001.
Block 12 is the most important block. That is the day your Physician diagnosis stated your injury was job related. After your Physician states your injury is job related, you now have three years to file the claim. Now with the entire front filled out, with your answers to the employee’s statement, and the Medical Report (CA-20), along with the medical narrative, you are ready to finally submit your claim.
All of the above should be submitted to your supervisor at one time. Please make sure you have copies of everything before you submit the entire claim to your supervisor. Your supervisor will sign the CA-2 and give you a receipt to show your claim has been submitted. Your claim will now go to the Injury Comp. Office, who will in turn prepare it to be sent to the Department of Labor for final processing and adjudication of the claim. If everything is in order, the approval of your claim could take up to 60 days or longer.
LET ME RECAP:
1. Find a Physician (Specialist) who will support your claim for injury.
2. Ask your supervisor for a CA-2 and CA-20.
3. Follow all directions on the back of CA-2, Employee’s Statement, and Medical Report, with Physician’s narrative explaining how your employment caused your injury.
4. Fill out the front of CA-2 Form and sign it. Pay attention to Blocks 11 and 12.
5. Make copies of everything.
6. Turn in the complete package to your supervisor. Make sure your supervisor gives you receipt of your claim.
I hope this article helped you understand what an Occupational Disease is and a guideline to help you fill out your CA-2 Form. I cannot stress enough how important it is for your Physician to state how your employment caused your injury. If your Physician does not explain his opinion, along with an explanation, your claim could take months to be adjudicated. If your Physician will not take the time to explain his opinion, then my advice would be to find another doctor before you proceed with your claim.
Please do not hesitate to call me with any questions concerning your injury. My phone number is (617)-423-2798.
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