Month: July 2018

(This article was first reported in the June 2018, Local Newsletter)
Written by: Rob Armentani, President of APWU, SJAL #0526

Proposed Constitutional Changes
During the April General Membership Meeting, two proposed Constitutional changes were submitted. These proposals were submitted to the Constitution Committee for consideration. The membership will vote on the proposed resolution at the June 19th GMM.

Proposed Constitutional Change:

It is proposed to amend the language of Article IV. I President as follows.

It is proposed to remove the following language, ”He I She shall be a full· time officer” in Article IV.I for a period of one term (2019 through 2021) after which time the language will be reinstated, provided that this language had not already been reinstated through a subsequent constitutional amendment..

Submitted by – Edward A. Lafferty

Recommendation of the Committee: Concurrence

Proposed Constitutional Change:

Article IV  Officers

Sections 5 & 6

– Whereas the Local Union has been making adjustments to the make-up of the Executive Board in an effort to be more financially sound,

– Whereas many of the duties of the Director of Human Relations have been reassigned or are no longer needed,

– Whereas the Director of Safety position has been vacant for almost a year,

– Whereas the combination of these positions would save the Local Union $1,777 in Officer salary

– Be it Resolved That the Director of Human Relations and The Director of Safety be combined into one position. The Director of Safety and Human Relations with a salary equivalent to the current salary of The Director of Human Relations

– Be it further resolved that Sections 5 & 6 will be combined into Section 5 and read as follows:

5. DIRECTOR OF SAFETY AND HUMAN RELATIONS– He/she will be a special advisor to the president of the SJAL, APWU on all matters concerning safety and health for the members of the SJAL, APWU. He/She shall represent the members of the SJAL, APWU on all safety matters including environmental issues and will be Local’s representative on Safety Committees established which may include the Plant and District Safety & Health Committees and will represent the president of the SJAL, APWU on these committees. He/She will be a direct contact with the Eastern Region Safety & Health Representative to ensure that the SJAL, APWU is in compliance with the APWU Regional and National Safety & Health policies. He/She shall aid and advise the membership on all questions relating to benefit plans of the American Postal Workers Union and shall be responsible in recommending to the SJAL Executive Board additional member benefits.  He/She shall also be responsible with advising and assisting the membership in various personnel matters concerning member benefits. He/she shall direct and be responsible for maintenance and/or increasing the membership in this Local and direct the organization of the unorganized. He/she shall be principle organizer of any activity established by this Local He/She will be a member of the Executive Board. He/she shall be allowed the sum of $3,027 @@@@@““` plus expenses for the discharge of his/her office.  

Submitted by: Rob Armentani

Recommendation of the Committee: Concurrence

Labor/Management Meetings
Recently Associate Office Director Mike Wright and myself have been heading out to offices for Labor/Management meetings in an effort to address issues at the ground level. We have brought many of these issues up at District Labor/Management meetings and to the Manager of the Labor Department only to see them not be addressed. For that reason, we have recently boycotted the recent District Labor/Management meeting and the joint JCIM training at the District. If our voices are going to be ignored then there is no reason to show up to these meetings. We have decided that we will attempt to go back to the ground level to address office issues and if we cannot resolve issues through local meetings then our voices will be heard through the grievance procedure. We will continue to boycott District events until we receive the respect our Local and our membership deserves. We are tired of sitting through their Ra Ra Dog and Pony Show only to have our concerns brushed to the side after the meeting. The issues that we have been addressing in many local offices include; Abusive Supervisors, management doing craft work, crossing crafts, management falsifying operation codes, landscaping subcontracting and T7 employees doing TACS. If you are experiencing any of these issues in your office or have some other serious concern please contact the office immediately and we will set up a meeting in your office.

She’s Back…..
T-1 at the SJ Plant has been a hostile work environment for several years. The failure of previous Plant managers to address this issue in the past, despite overwhelming evidence of abusive supervision, has been the most frustrating thing I have ever experienced as a Union official. Recently T-1 supervisor Eyddie Battaglia went out of work on a medical issue. While she was out, believe it or not, things on T-1 seemed to calm down a little. Well she has returned and she has returned worse than ever. We have experienced a steady stream to the Union office since her return. The discipline has increased and the moral has plummeted. She is singling out employees and issuing the most ridiculous discipline. I’m beginning to wonder if there is some kind of secret prize being offered to the supervisor that issues the most discipline. The most outrageous thing about her return is that she has returned to work with a walker and she has been moving through the entire building with it. This is the same person who wrote up a 30-year employee with a prosthetic leg for walking between machines with her walker. This is the kind of person we are dealing with. At the time I am writing this article I have a meeting scheduled to discuss her behavior. We can only hope that this is taken seriously by upper management and our new Plant Manager.

PSEs Speak Up!!
I recently had a conversation with a PSE in the Plant about a violation of the contract that affected him. The only reason we were aware was because a Career employee witnessed the violation and notified us. When I did speak to the PSE he confirmed that the violation did occur. We discussed the need for not only him but all PSEs to speak up and let us know when their rights are being violated. The concern seems to be that the PSEs are afraid their hours will be cut if they speak up. DO NOT let this deter you from standing up for yourself! You have rights and are protected by the Collective Bargaining Agreement. If management attempts to retaliate we will address this. We have been successful in getting PSEs paid for lost time when management blatantly retaliates against PSEs for contacting the Union. Let us do the job you pay us for. Do not give up your rights!!

In closing I would like to wish everyone a Safe and Enjoyable Summer!!!

(This article was first reported in the June 2018, Local Newsletter)
Written by: Frank Bollinger, Business Agent of APWU, SJAL #0526

Reporting Violations
I know it is troublesome for a few out there to inform the Union when management violates the contract. Some worry about “rocking the boat”, retaliation, or other negatives. First remember management is constantly ready to rock the boat by cutting our staffing be it clerks or maintenance employees. They do not seem to care one bit if the boat rocks so hard it might capsize, so why would one assist them which in-turn lessens one’s protection? Next, we move onto retaliation. There are many safeguards for someone who reports violations to the contract. Not only is it a further violation of our contract but it is a violation of law. There are some members of management who just don’t care and will try to retaliate. If you ever find yourself in one of those situations then document any and all instances and report it to the Local. More so it seems that a lot of managers fall into the category of being like dogs, if they sense fear or hesitation they will bark!

Now we have also received reports from members about other employees who after the Union addresses a violation go around almost as if agents for management trying to figure out who it was that went to the Union to report the violation. For the most part it seems to be the leeching SCABS that try to be the little investigators. In my opinion what they are doing is a form of intimidation and possibly Union busting. I mean let’s look at it for what it is, they want to be able to help management single out the individual(s) who hold management accountable in regards to following our Collective Bargaining Agreement. Now we do also work the USPS and it also seems that as such nosy people who like to gossip are high in numbers as well. So, it may not always be a situation where they are being rats. That said either way if you notice this still let us know about it. We are not certain of the course of action but these things need to be documented again referring to the earlier bit on retaliation.

3971’s
This has been mentioned time and again in the past but it is always good to refresh everybody and also to make our newer members aware. After an absence you have the right to fill out your own 3971, you do not have to sign the one(s) management presents you. I have seen numerous errors through the years on the 3971’s that management presents to the employees. Once you sign it, it becomes hard to challenge it. Always make sure they reflect exactly what you called out for when you reported your need to be absent.

If by chance management doesn’t follow up with you on turning them in and all of a sudden, they approach you with a “stack” of them, then take your time and recollect the dates they are citing. Fill your own 3971’s out and when you sign them make sure to put the date it is when you are actually signing them. If you are ever disciplined for attendance management has to show that you were knowledgeable to the fact of having unacceptable attendance. If they do not enforce turning in 3971’s then all at once come up to you with 3971’s to cover the last 3 months then if you date them for the current date it can be argued that you were not totally aware of your unacceptable attendance. Also, at your PDI management has to present completed 3971’s for your review.

Advanced Sick Leave Requests
Unfortunately for some of our members there are periods where they fall ill and must be out an extended period of time. They get to a point where they have or about to exhaust all of their paid leave and still need to be out. The USPS has an option available for these types of situations. The ELM section 513.5 has a provision called advanced sick leave.

513.5 Advanced Sick Leave

513.51 Policy

513.511 May Not Exceed Thirty Days
Sick leave not to exceed 30 days (240 hours) may be advanced in cases of an employee’s serious disability or illness if there is reason to believe the employee will return to duty. Sick leave may be advanced whether or not the employee has an annual leave or donated leave balance.

513.512 Medical Document Required
Every request for advanced sick leave must be supported by medical documentation of the illness.

513.52 Administration

513.521 Installation Heads’ Approval
Officials in charge of installations are authorized to approve these advances without reference to higher authority.

513.522 Forms Forwarded
PS Form 1221, Advanced Sick Leave Authorization, is completed and forwarded to the Eagan ASC when advanced sick leave is authorized.

513.53 Additional Sick Leave

513.531 Thirty–Day Maximum
Additional sick leave may be advanced even though liquidation of a previous advance has not been completed provided the advance at no time exceeds 30 days. Any advanced sick leave authorized is in addition to the sick leave that has been earned by the employee at the time the advance is authorized.

513.532 Liquidating Advanced Sick Leave
The liquidation of advanced sick leave is not to be confused with the substitution of annual leave for sick leave to avoid forfeiture of the annual leave. Advanced sick leave may be liquidated in the following manner:

Charging the sick leave against the sick leave earned by the employee as it is earned upon return to duty.

Charging the sick leave against an equivalent amount of annual leave at the employee’s request provided the annual leave charge is made prior to the time such leave is forfeited because of the leave carryover limit.

To submit a request, you should address a letter to your Postmaster/Instillation Head along with medical documentation. Your letter may benefit from having the following or something similar in it; “I am requesting ___ hours of advanced sick leave as allowed by section 513.5 of the ELM. I am a __ year employee, I plan on coming back after my recovery (or whatever your situation is) and working at the USPS until I retire. I will have more than enough time left to pay back the advanced sick leave I have requested.”

Honestly a lot of times management just denies these requests. Keep a copy of your letter and the medical documentation your provided and if they deny your request, get a copy of their denial as well. Let us know and we will review their denial reasoning and your documentation and grieve it if it turns out they violated your rights. Just because it says the word “may” in there does not mean just any reason management denies it is acceptable.