Category: Local Newsletter

(This article was first reported in the September 2017, Local Newsletter)
Written by: Tony Rodriguez Editor of AWPU, SJAL #0526

Union. An organization of workers, formed for the purpose of negotiating with employers on matters of wages, seniority, working conditions and the like. (Black’s Law Dictionary, 5^th Ed., pg. 1374)

Member. One of the persons constituting a family, partnership, association, corporation, guild, court, legislature, or the like. (Black’s Law Dictionary, 5^th Ed., pg. 887)

Steward. A man [or woman] appointed in the place or stead of another. A union official who represents other union employees in grievances with management and who oversees the carrying out of the union contract. (Black’s Law Dictionary, 5^th Ed., pg. 1268)

Bargaining unit. Labor union or group of jobs authorized to carry on collective bargaining in behalf of employees. A particular group of employees with a similar community of interest appropriate for bargaining. (Black’s Law Dictionary, 5^th Ed., pg. 136)

“Tony… what the hell is this all about?”

When workers join a union, they come not as an individual, but as a group. A union is you and your co-workers coming together as a team to make improvements at your workplace. This means:

• knowing and understanding your contract
• knowing and understanding any and all local agreements and memos
• knowing and understanding your Union Constitution
• attending all General Membership Meetings
• watching out for your co-workers in the event of management violations

Bottom line: YOU ARE THE UNION!!!

If your breaks/lunch are being missed or overlooked by management, that’s a violation.

If your are being instructed to work in an unsafe manner or unsafe conditions, that’s a violation.

If management is performing your work, that’s a violation.

You (the members) need to be reporting ALL VIOLATIONS to your local steward(s). It’s as simple as, “I would like to see a Union steward.”

PTRs/PTFs/NTFTs/PSEs… are you not paying Union dues? You too are members! YOU TOO ARE THE UNION!!! Your voices and statements are needed and valued just the same. ALL MEMBERS are equal. Your job position, title or seniority only applies to the work and/or assignment and scheduling of management. Sometimes, it applies to the type of grievance being filed. As a Union, we are all one in solidarity!

Management wants to discuss with you behind closed doors, “I would like to see a Union steward.”

Management is discussing work productivity to you on an individual basis, “I would like to see a Union steward.”

If you are not requesting to see your local Union steward(s), issues are never known or discovered, and nothing can or will be done about them.

“ARTICLE 3 – MANAGEMENT RIGHTS

The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations:

1. To direct employees of the Employer in the performance of official duties;
2. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees;
3. To maintain the efficiency of the operations entrusted to it;
4. To determine the methods, means, and personnel by which such operations are to be conducted;
5. To prescribe a uniform dress to be worn by designated employees; and
6. To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.

(The preceding Article, Article 3, shall apply to PSEs)” (CBA: Article 3, pgs. 5-6)

In a simplified understanding, this merely means:

“While management has the basic power to “manage” the Postal Service, it must do so in accordance with applicable laws, regulations, contract provisions, arbitration awards, letters of intent and memoranda of understanding. Consequently, many of the management rights enumerated in Article 3 are limited by negotiated contract provisions. 

EMERGENCY SITUATIONS
Article 3.F gives management the right to take whatever actions may be necessary to carry out its mission in emergency situations. An emergency is defined as “an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.”” (JCIM: Article 3, pg. 26)

With management’s attempts (from all angles) to slim down our workforce and take away jobs, don’t you think it’s time to stand up for your rights. You are dues paying union members – An organization of persons or workers constituting a partnership, association, or the like, formed for the purpose of negotiating with employers on matters of wages, seniority, working conditions and the like.

Zero Tolerance Policy
This policy works both ways.

“Our policy is that there will be ZERO tolerance of acts or threats of violence
in our workplace by anyone, craft and management alike. This is not a new
policy. The Postal Service with many of the employee organizations,
initiated a joint statement on violence in the workplace – 

“…there is no excuse for r and will be no tolerance of violence or any threats of violence by anyone at any level of the Postal Service; and that there is no excuse for and will be no tolerance of harassment, intimidation, threats, or bullying by anyone.”

This Zero Tolerance Policy means that each and every act or threat of violence from this day forward, regardless of people involved and/or circumstances, will elicit a prompt investigation of facts and an appropriate response to those findings. While certain behaviors can lead to discipline or removal, our emphasis is on providing a safe and healthful workplace environment or each and every employee.” (Zero Tolerance Policy dtd 6March2013)

It is understood that there seems to be no relevance to this policy and it seems that things have intensified.  Understand, this fight is not over nor has it been brushed to the side! There is a process and unfortunately, this process takes time. As all other processes have taken time, resolutions have come and became final. Just because the resolution didn’t happen when we wanted it, didn’t mean we gave up. Stop being intimidated to request a steward for fear of retaliation or just not to be bothered by the hassle. If you continue to let these reasons stop you, the treatment that you so much complain about, only continues and it will get worse. It is your right to participate both contractually and by Federal Law.

EVERYBODY!!! Get familiar and READ the contract

Download it from our local website @:  http://southjerseyarealocal0.apps-1and1.com

• It’s located under the menu link: APWU-SJAL: CBA, JCIM, JCAM and LMOUs
• Read Articles: 1, 3, 7, 8, 14, 15, 16, and 17. Also read the same Articles in the JCIM as it breaks down the understanding of each Article.
• PSEs, you must also read the PSE MOU located in the Appendix, page 246 of the CBA
• Also, ALL MEMBERS, read the LMOU of your location. It is located on the bottom of that same web page for every location in the South Jersey Area Local

In solidarity and unity!

(This article was first reported in the November 2017, Local Newsletter)
Written by: Byron Cowley Director of Human Relations of APWU, SJAL #0526

It is that time of year again! It is time to evaluate your current Health Care needs or to sign up for Health Care. Open Season, for 2018, begins on November 13th and concludes on December 11th.  Please take the time to evaluate your needs as well as your family needs at this time. This is the opportunity to make any changes to the coverage you currently have. This opportunity only comes along once a year.

What Is Open Season?

It’s the annual period when you can enroll, or if already enrolled, make changes to your benefits enrollment. Unless you have a Qualifying Life Event (QLE) during the remainder of the year, this is your once-a-year opportunity to make any changes to your benefits. During Open Season, you can make changes to benefits for the following programs:

Federal Employees Health Benefits (FEHB) Program

Although this event is primarily for Health Care, it is also the opportunity to sign up for the VSP Vision Plan (eye exams, glasses and contacts). Dental Plans are also available depending upon your individual needs. The Health Fair is held in order to help you make an informed decision
about you and your family’s health coverage.

Also, sometime in November, the VA is supposed to come up with a National Veteran ID card for Veterans who request one. Stay tuned for information to follow.

(This article was first reported in the November 2017, Local Newsletter)
Written by: Frank Bollinger Business Agent of APWU, SJAL #0526

OIG continued…
In my previous article I wrote of the OIG possibly overstepping their bounds/crossing the line. Since that article a couple of things have happened. First, I interviewed the Special Agent (SA) involved in the case. As it usually happens, he had General Counsel partake in the interview. As I stated before, according to the prosecutor in the case, the agent had called and demanded that language precluding our member from working for the USPS in the future be added to an agreement at the criminal level. During my interview I asked the SA about this and he immediately denied it. I then mentioned about an email that existed stating that the SA had called and demanded said language. At this point the SA waivered some and gave a drawn out statement that really seemed more intended on evading than answering.

After the interview we were able to obtain the actual certified court motion, in which the prosecutor clearly stated, as an officer of the court, that it was the SA’s idea to add the language. A letter was written to the prosecutor informing him that it seemed that our rights as the federally recognized exclusive bargaining representative would be violated by this language. Also excerpts from the interview with the SA were contained within said letter. Showing that the SA’s account clearly contradicted what the prosecutor put in certified court papers. I received a call from the 1st Assistant Prosecutor stating they were removing the language.  Upon follow up with our member, the language was in fact removed.

A one-time lucky thing? Who knows… This is why if you are in any trouble at work you must have a Union Rep there at every phase that we are entitled to be at, because you never know who will be looking to violate your rights….

**Let it be noted that we, as a Union, do not get involved in any criminal aspect related to your cases and allegations that go with them. That is best handled by a real attorney who practices law in the courts.** In this instance even though it may appear we became involved in the criminal part of the case, the only item we looked out for, and rightfully so, was OUR UNDENIABLE RIGHT AS THE EXCLUSIVE BARGAINING AGENT in regards to the proposed language wrongfully demanded by the SA.

The next step in this matter will be to alert the SA’s superiors because as noted in the previous article I wrote, the OIG’s position is to simply turn over their completed investigation to management (and if required, to the prosecutor) and to let those individuals then make the decision on what course of action to take regarding the accused.

HUB Clerk opt out…
There is an option out there where a PTF clerk can turn in a letter so stating that they do not want to be sent to other offices. It is not a “pick-and-choose” office type of choice. If you opt out you cannot just do so for certain offices, it is all or nothing. Also according to the agreement, if management exhausts all other options to fill a need at an office then they can still force individuals who opted out of going to actually go. You can rescind this letter if you decide you want to be available again to obtain hours at other offices.

The problem I have noticed surfacing at some offices is that the PM’s, OIC’s or supervisors are telling their PTF’s that they are not covered under that agreement. WRONG… I reached out to one of our NBA’s to confirm our position and they did. That position (being any office) that is set to loan out a PTF clerk is covered under said agreement.

Below is the MOU in question page 349 of the 2015-18 CBA. Take note of the opening sentence that describes what PTF’s are covered)

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE AMERICAN POSTAL WORKERS UNION, AFL-CIO

Re: Assignment of PTF Hub Clerks

This provision covers part-time flexible (PTF) clerk craft employees who may be required to work in installations other than their home office (installation). PTFs shall be scheduled for work outside their home office (installation) in accordance with the following:

1. Within thirty days of the effective date of the 2015 National Agreement, PTFs shall notify their 350 postmaster in writing their preference not to work in offices in other installations. PTFs unavailable for the entire thirty day period due to leave shall provide their written preference within thirty days of returning to work.
2. Newly converted or assigned PTFs shall, within two weeks of the effective date of the conversion or assignment, notify their postmaster in writing their preference not to work in offices in other installations.
3. If a PTF wants to change his or her preference to not work in offices in other installations the employee must provide a two week notice to his or her postmaster in writing.
4. If a PTF wants to rescind his or her preference to not work in offices in other installations, he or she must provide written notification of his or her rescission. The change will be effective no later than seven days from the date of notice.
5. Preference changes will be allowed no more than three times in a calendar year. Upon request, a copy of each written preference change will be provided to the appropriate union official.

6. The pecking order for assignment will be: a. PTFs who have not indicated a preference to only work within their installation, b. Available and qualified Postal Support Employees, c. PTFs that have preferenced not to work in offices in other installations.