APWU - South Jersey Area Local 0526

APWU Clashes with Management on New 3971 Language

(This information has been provided by Vance Zimmerman, National Industrial Relations Director)

The Postal Service’s Request for or Notification of Absence (Form 3971) has been amended to include a new section applicable to those going on leave without pay (LWOP) for official union business. This new section states:

LWOP – Union Official (Required Certification)
By signing this form, I certify this request is not for the purpose of engaging in partisan political activity as defined by the Hatch Act and its implementing regulations

This certification is an overreaction by the Postal Service to the July 14, 2017 report by the U.S. Office of Special Counsel (OSC). The Report of Hatch Act Investigation: Facilitating Labor Union’s Political Activity Through Use of “Union Official” Leave Without Pay stated that “The postal unions and individual employees and members are permitted, and should be encouraged, to maintain PACs, endorse candidates, and enlist union members to support their electoral agendas on their own time.”

The Postal Service grossly overreached and is trying to suppress postal employees from exercising their First Amendment rights as protected by the Hatch Act. Furthermore, by changing PS Form 3971 and changing the ELM 514, the Postal Service is violating the APWU/USPS Collective Bargaining Agreement.

APWU has filed a national dispute, a charge with the National Labor Relations Board, and is reviewing other possible legal action to overturn these changes.

APWU members are not second-class citizens! We refuse to be denied or intimidated into not fully using our political voices on issues and candidates who will protect a public and thriving Postal Service.

For information on the Hatch Act, please see below.

What You Can and Can’t Do at Election Time

Your active participation in the political process is essential! As public employees, postal workers need to be familiar with the Hatch Act, which limits how we can participate in party-related political activities.

Postal employees:

MAY be candidates in non-partisan elections.

When NOT on postal property, in uniform or on the clock, postal employees:

MAY register to vote and register others to vote.
MAY donate money to candidates.
MAY attend political rallies and meetings.
MAY campaign for – or against – candidates and issues.
MAY get out the vote.
MAY distribute campaign literature and express opinions.

Partisan politics on the clock, in uniform, or on postal property could violate the law, so please keep the rules below in mind.

NO partisan political activity while on the clock.
NO partisan political activity in a postal or federal building.
NO partisan political activity while in a postal uniform.
NO partisan political activity while driving a postal vehicle.
NO partisan political activity using official postal equipment.
NO partisan political activity via social media (including email, Facebook, Twitter, Instagram, etc.) while on duty or in a postal facility.

What is Partisan Political Activity?

Partisan political activity includes any actions that are supporting or opposing a candidate in an election (federal, state or local) when he/she is running as a member of a certain political party (Republican, Democrat, Independent, Libertarian, Green, etc.). On a ballot, if there is a letter after their name, it is a partisan candidate. Most positions in federal and state elections are partisan, for example Governor or U.S. Senator, but there are some local seats which are not, for example a school board member.

Partisan political activity also includes asking for money or volunteers for a candidate and/or political party to utilize in an election. This also includes inviting any co-workers to a rally or event supporting any political party. Making political contributions yourself is also partisan political activity and can not be done while on the clock, in uniform or on postal property.

However, any activity surrounding a piece of legislation or political issue is NOT partisan. Encouraging co-workers to call their members of Congress to support or oppose a bill, like the Postal Service Reform Act (H.R. 756), is allowed while on the clock. For those able to wear buttons/stickers on the job, wearing one that supports a Vote by Mail ballot initiative is permissible.

If you have any further questions concerning permissible activity please contact the Legislative & Political Department at 202-842-4211 or by email at legislative@apwu.org.

Just Say No To The Shaker Survey

Boycott all Surveys that can and will be used against us.

“An injury to one is an injury to all.”

(This is brought to us from APWU Leadership Northeast Region.)

There have been a number of inquiries received regarding our members being given the attached Shaker Survey to complete. It appears that the notice attached and outlined below is associated with this Shaker survey.

The notice to the APWU back in June was titled – ‘Notification USPS Job Analytic Study of Several Entry Level and Clerical Positions and Focus Groups’. In reading the survey it has little to do with what the notice stated and implied.

Our view is that its most likely connected with the upcoming contract negotiations…management wants to know how our employees feel…yea!

But in any event as we always say…Just Say ‘NO’ to this Shaker Survey and please advise our members not to participate.

First and foremost, the Union takes the position that the attached notification falls under prevue of Article 19 and as such should be revised.

The Union would also like to request a meeting to bring to the Postal Service’s attention to recent NLRB complaints and Postal Service guidelines resulting from those complaints.

The APWU, based on all of the above, takes the position that the study involves passing a test, as a qualification, to secure bargaining unit duty assignments, in accordance with BQnet.

This directly relates to wages, hours and working conditions, as they apply to employees covered by our Agreement.

The parties have agreed to joint Focus Groups at the national level, in the past, where the APWU has selected the participants. The APWU request that all studies be discontinued, in the event they have already started, until such time that the parties at the national level resolve our differences.

The APWU is always cooperative with initiatives that are in the best interest of the Postal Service and our represented bargaining unit employees, consistent with the Collective Bargaining Agreement. We clearly want to be involved in the reviews at the national level, if deemed appropriate.

We encourage non-participation.

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President’s Report

(This article was first reported in the November 2017, Local Newsletter)
Written by: Rob Armentani President of APWU, SJAL #0526

Continued Attacks on Our Jobs!
As of the writing of this article the Union continues to deal with excessing events, reversions and abolishments in our offices. We recently had an excessing event meeting where three of our local offices were discussed, Glassboro, Mantua and Magnolia. Unfortunately it appears that we are going to have a PTF excessed from both Mantua and Magnolia. The discussion on Glassboro went on for a while. Management is proposing to excess one FTR and keep one FTR and two PTFs. A review of the hours, by management’s own reports shows that there are approximately 38 hours of work between the proposed hours for the PTFs. This would require them to at the very least create a NTFT position. We have taken the position that this must be done prior to any excessing taking place. We also suggested that the Postmaster work on Saturday then there would be no need to excess a FTR. Management’s quick response was, “That’s not gonna happen!” Another argument that I brought up was the fact that the Glassboro office is in the middle of Rowan University and the community continues to expand which would mean more customers and more revenue. Management’s (Terry Dean) response to that was “College kids really don’t use our services. I have two college age kids and they have never seen the inside of a Post Office.” Wow! Really? My kids are college age as well and I completely disagree with such a statement. It is unfortunate that some management people will say anything just to try to be right.

We have open reversion grievances in several offices including Camden, Sewell, Blackwood, Cherry Hill and Voorhees. We are in the process of filing grievances on reversions in Clementon, Willingboro (Custodial Position), Camden (again) and Voorhees (again). As fast as we file them, that’s how fast we receive new notices.

We have a grievance filed in Cherry Hill under Art. 37.3.A.1. After running the PSE and NTFT hours through MDAT it clearly shows the need for at a minimum of 3, possibly 4, full time traditional positions. This is currently at Step 2. We also have shown the need for a full time position in Maple Shade but management has denied this grievance. This grievance is currently pending arbitration.

We will continue to combat these unwarranted attacks on our jobs based on “earned” hours as opposed to actual work hours as per the contract. After attending the class at the All Craft Conference we have learned additional ways to counter these attacks. The class headed by Lamont Brooks may have been the most informative and educational class that I have been in, in all my years as a Union representative. We will continue to apply what we have learned and fight for our jobs!

SJ P&DC
On October 3^rd a new Plant Manager, Mark Wilson, started at the P&DC. Executive Vice President Ed Lafferty and myself met with him briefly on October 12^th. We conveyed our concerns about several issues in the Plant which included: the recent abolishments that occurred without regard to seniority, the hostile work climate that still exists on T-1 and the recent discrimination experienced by three pregnant women who had requested light duty and had their hours cut while no other light duty employees experienced the same treatment. His initial response seemed to be one of concern about each issue and he stated that he would look into each of them and get back to us. As of the writing of this article we have not heard back. I am keeping an open mind and hoping that it will not be business as usual as it was with the previous two Plant Managers who turned a blind eye to their employees’ concerns. Only time will tell.

2018 Contract
Here we go again. In less than a year our current contract will expire. Negotiations for a new contract will begin in June of 2018. Considering what we are currently experiencing, I’m almost certain that management’s attack on our jobs will be more persistent than ever. There will be a Contract Campaign Teleconference on October 27^th. National Officers will give an update on the preparations for the 2018 Contract Campaign, provide tools, and get input from the membership. I will report on this teleconference at our General membership Meeting on November 19^th.

Open Season
Open Season for the Federal Employees Health benefits will from November 13th and to December 11th. This will be your opportunity to change your Health Plan if you are interested in making a change. Please be diligent in researching the health plan you may be interested in prior to changing. Once you make a change you will not be able to change it again until next years’ open season or if there is a qualifying life event that allows you to make a change.

Penalty Exclusion Period
This year, the December period for the exclusion of penalty overtime begins December 2, 2017 (Pay Period 25-17- Week 2) and ends December 29, 2017 (Pay Period 01-18 – Week 1).

SPEAK UP!!!!
In closing this article I will again plead with each of you to speak up when you observe a violation of our contract. Management should not be doing your work! Employees from other crafts should not be doing your work! It is imperative that you contact your steward or the Blackwood Union office when you observe this happening. If we are unaware of the violation we cannot address it. Speak up, let your voice be heard, let management know that you will not stand by while they give your work away and try to take your jobs!

The Struggle Continues!