Favorable Decision from Administrative Law Judge of the NLRB

APWU Leadership Northeast Region;

Please see attached documents below the post. This is a very favorable NLRB decision.

On May 19, 2017, Administrative Law Judge (ALJ) Andrew S. Gollin of the National Labor Relations Board found multiple Postal Service policies that restrict the ability of its employees to record, photograph; use copyrighted or trademark materials, or speak to the media to be in violation of employees’ legal right to work together for better wages, hours, and working conditions.

The ALJ determined that the following regulations were overly broad and violated the National Labor Relations Act:

1. Employee and Labor Relations Manual Section 667.2, which restricts the use of recording devices on postal property without the permission of management;

2. Administrative Support Handbook 805 Section 5-5(s), which prohibits the use of cameras, cell phones with cameras, and other personal imaging devices in all Postal Service areas without management permission;

3. Administrative Support Manual Section 663.4, which requires that any employee who wishes to use Postal Service trademarks or copyrighted materials must seek permission

The ALJ determined that the first two provisions overly restricted an employee’s right to use photography and recording devices to document unsafe conditions and demonstrate unfair treatment by management.

The third regulation was viewed as potentially restricting postal unions from using USPS trademarks and copyrighted materials as part of picketing or other collective activities. .

The ALJ ordered the Postal Service to rescind all of the provisions at issue.

The APWU, NALC, and NPMHU put on a united front and participated in the hearing in support of the Board’s contentions that these provisions violated the law. APWU Director of Industrial Relations Vance Zimmerman participated as a witness at the hearings. He delivered testimony as to why Postal Workers may need to use photography or recording devices to protect themselves, their coworkers, and why the Postal Service’s restrictions were unjustified.

The ALJ’s decision now must be approved by the National Labor Relations Board. The Postal Service may appeal the ALJ’s decision and ask the Board to overturn it in part or completely. Until the Board has issued a final decision, the handbook and manual provisions at issue should be treated as still in effect.

John H. Dirzius

Coordinator, Northeast Region
American Postal Workers Union

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Address To Membership: Nationwide Reversions

As mentioned in this video, you are either watching, listening or have watched the President of NY Metro Area Postal Union. This message is to all members no matter what area local, district or region you belong to.

This fight is real brothers and sisters. Stewards, we have to stay the course and file any/all grievances timely. I know that our area has been having issues with RFIs. If your RFIs are not being fulfilled, that becomes an additional grievance (Article(s) 15, 17, 19, and 31).

It can not be stressed how important it is for members to report to their shop stewards, that management performs bargaining unit work (Article 1.6). These violations can not be left to slip through the cracks. Management is going to come down hard, and we (members and stewards) need to fight back just as hard. This will not be an easy summer, but we can win!!

In solidarity,

Tony Rodriguez
Director of Safety/Webmaster

Nationwide Issue: Reversions/Abolishments By The Postal Service

So it begins. This is being done Nationally so it will be a fight. Just to give you an idea of what is going on when you start getting questioned about abolishment letters.

Just sending this out as there is a National USPS movement to revert/abolish duty assignments so there is a slow down on PSE conversions.

There will be more to come on this issue as there was a telecom from the APWU HQ level with the NBAs and Regional Coordinators.

It is anticipated that another telecom will take place from the APWU HQ level with the local and state leaders.

The subject matter will most likely have the words Dashboard Compliment in it.

We will do our best to get this information out to the locals and state organizations.

The Postal Service is currently using two applications. The first is a Workforce Dashboard application that includes the following:

•           On-rolls complement for Mail Processing, City Letter Carriers, and Retail and Customer Service Craft employees
•           Actual vs. earned complement
•           Recent position activity, such as job postings, conversions, positions reverted, and positions abolished

•           Newly vacant craft positions

The second is a Job Bid Management application that includes the following:

•           Daily display of vacant craft positions for Mail Processing, City Letter Carriers, and Retail and Customer Service Craft employees
•           Earned complement data from the Workforce Dashboard for use when requesting bid postings

•           Reversion module to assist in tracking the contractual requirements when reverting a vacant position

Neither of these applications includes any new staffing models or tools.  They are simply a mechanism by which the field can access current data regarding staffing and/or complement. The Postal Service has not changed how staffing or earned complement is determined; therefore, usage of the applications has no impact on wages, hours, or working conditions of bargaining-unit employees.  These are merely internal management tools aimed at providing readily available data and ensuring compliance with postal regulations and the collective bargaining agreements.

The Postal Service is abolishing duty assignments all across the country under the instruction of higher level management and against the urging of local management.

Local Postmasters and installation heads do not support these unilateral actions.

We have received information where this action is being directed from the national level, down to the area level and ending up at the local level.

Anytime 30 or more jobs are abolished at one installation at one time, when just before the abolishment were announce the Postal Service were using actual work hours is an unfair labor practice. PSEs are working in those same sections with no reduction in hours. Clerks were not on standby time due to lack of work. The actual hours as scheduled by management under Article 3 reflected the duty assignments are needed.

Their is no liberal annual leave and in many cases leave is being denied.

A tool, scheduler, or etc. does not justify these actions. There are no agreed to work standards or work measurements according to the Postal Service.

It is the position of the Union that the Postal Service is unilaterally abolishing/reverting duty assignments in response to Goldberg’s national award where he ruled the Postal Service has an obligation to create new duty assignments when we can show they exist.

The Postal Service is reverting and abolishing duty assignments in an arbitrary and capricious manner.

The Postal Service is attempting to achieve what they were unable to achieve in the 2010 and the 2015 national negotiations.

The Postal Service proposed to have PSE usage for up to 20% of all hours and that proposal was rejected. The end result was that the Postal Service could have a 20% PSE workforce to supplement career employees.

To protect career employees, the parties agreed that ALL available hours could be used to create new duty assignments under Article 37.3.A.1.

This language did not exclude PSE hours.

This issue was the subject of a prior NLRB charge.

The Union reserved the right to renew the charge in the event the Postal Service did what they are now doing. We put that language in the settlement because surely we knew this would reoccur.

Continue the fight at the local level and defend the abolishments/reversions with grievances as suggested earlier in the week.

This is just an additional fight at our level.

This will not be an easy fight. This is a Post Office agenda at the highest level in an attempt to get us to grant them further relief from Article 37.3.A.1 and the conversion of PSEs to career.

They are experiencing buyers remorse.

There will be some instances where an individual reversion/abolishment is legitimate and contractually correct.

Attached to this post are downloadable documents to help support/fight back in your local grievances. We can win!

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