management performing bargaining unit work | | APWU

Director of AOs Report

(This was originally in the SJ Area Local Newsletter of April 2019. Written by: Mike Wright)

Misappropriation Nation
In August 2018, the last South Jersey District Labor-Management Meeting we attended, one of our main concerns that we brought to the District’s attention was their investigation into alleged “administrative errors” of another office and why the Union was kept in the dark in their findings until a Step 2 decision from Labor.

I apologize for sounding like a broken record, but regardless of how many times a Timekeeping Integrity Memo is sent (either from District or Area), these memos are not being read, followed or both. My suggestion, maybe we can send these memos around in 5-inch cardboard tubes, since this is how the memos are being treated.

If you were at the February General Membership Meeting, I reported on almost 800 hours of alleged “administrative errors” (in Woodbury) where clerks who never spent a minute performing custodial work were somehow moved to OC 747 (custodial duties). A settlement was signed that management:

would transfer the hours back to the proper LDC,
100% of the Line H hours would be met for Fiscal Year 2019,
and the Union and Management would review the hours.

Everything seemed right on the surface until a month later when the same supervisor, again alleged in a grievance interview, had instructed a clerk to swipe onto 747 and continue to perform clerk duties.

I don’t mince or sugar-coat words, this is FRAUD (if this is true) not an “administrative error”, or whatever management’s catch phrase of the week is. The alleged moving clerks onto custodial operation codes, is FRAUD. This isn’t the first office and, I’m willing to gamble, not the last office we’re going to find this issue in.

In Hammonton, we had a RMPO where a custodian was instructed to work the retail window under the Postmaster’s ACE ID. This again was confirmed in a grievance interview and further admitted to by the Postmaster to Labor Relations in the District. While not as egregious as what allegedly happened in Woodbury, this is still falsification.

I think it’s safe for me to say this Local is done trying to seek accountability from this District. This is the scenario where rogue management is running the asylum with no recourse for their alleged actions.

Misc.
My email is mjwrightapwu@hotmail.com. Those who have emailed me over the years know my quick response rate regardless of the time of day. I’ve also, over the years, sent out what many offices don’t post, which are conversion opportunities. In a perfect world, I’d like to see every dues-paying member in a full-time position. We need to continue to fight, if you see something that isn’t right, email me, contact the office @ 856-228-8090, or fax a statement to the office @ 856-228-2627.

Pre-Tour Overtime

(This is a combination of written emails by Mike Wright, Director of SJAL AOs and Julio Cebollero, SJAL Area Steward)

The latest nonsense to come out of the South Jersey District is not authorizing pre-tour overtime. Here are some things management will try to comply with the latest marching orders that we need to keep an eye on;

Article 1.6 (Management) and 7 (other crafts) performing our work, management loves to rely on Article 3 (right to mismanage) to claim “emergency situations”, short staffing is not an emergency, heavy volume is not an emergency, mail up-time is not an emergency, and finally NOT AUTHORIZING PRE-TOUR OVERTIME IS NOT AN EMERGENCY.
Do not let management solicit you into changing your schedule to avoid overtime, we’re hurting ourselves and other members by doing this. There is language in the ELM that supports our argument, just like there is language in the ELM to protect us if they retaliate against an employee who does not cooperate in these situations.
Make sure to keep management honest on their up-time scans, don’t scan the barcode early, if they instruct you to, inform them you’re doing so under protest and let us know immediately. There have been integrity memos send that I like to refer to even though we have many offices that ignore these.

Everyone needs to keep watch on this in their office! Management shouldn’t be performing any bargaining unit work.

Does management rights stated in Article 3 allow management to violate the other provisions of the National Agreement?

NO. MANAGEMENT RIGHTS ARE LIMITED BY OTHER PROVISIONS OF THE NATIONAL AGREEMENT AND/OR APPLICABLE LAWS

What is “emergency situation” as mentioned in Article 1 section 6.A?

AN EMERGENCY IS “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.

Other crafts shouldn’t be performing clerk work unless the union is properly notified. Crossing crafts is allowed at times if there is too much work in one craft and not enough in the other. Again proper notification must be given to union.

If you are a Custodian asked to perform clerk work then you must move on the the clock to proper operations number and be paid level 6.

Also, you are entitled to do your work as a Custodian and get Overtime for that day.

Don’t be quiet. Contact your in office steward or the office ASAP!

Write a complete and thorough statement of what is going on in your office and get to union ASAP!

Don’t let management change your schedule to avoid Overtime. This not just a violation of your rights under the national agreement but a violation of law.

Remember, if any of this is going on in your office, we need to be informed in a timely (14 days) manner. Don’t sit on this, don’t fear retaliation, and most important DON’T MAKE DEALS.

You have a strong local that has your back. Don’t be intimidated by management!

Business Agent’s Report: April 2018

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

Attack’s On Sick Leave Usage
At the recent District Labor Management Meeting, the DM hit on the sick leave usage in our district. We all know that means they will be looking to discipline people no matter how legitimate your need to have used your earned sick leave. Some things to keep in mind when needing to call out sick:

Does your need qualify for FMLA? If so, request FMLA and have your doctor fill out the forms. You can contact the office if you do not have access to a computer to download the forms at home.
Management’s improper classification of AWOL. The ELM states that employees should notify management As Soon As Possible when needing to use sick leave. Some, in local management, seem to think they can set rules as to what that means, such as: 2 hours before your shift, by the start of your shift or other variances. What it means is exactly is what it says though. If you are passed out from an illness or other condition and you call in as soon as you wake up, no matter what time that is; that is as soon as possible. The only times you would really be in violation of that is if you admitted to management that you were up and about and just forgot to call in or similar. If they attempt to AWOL you for any absence, let a Union Rep know immediately.
Fill out your own 3971’s. Yes, it is easy to just sign whatever 3971 that management hands you but at times some of them get the information wrong or as stated above, even mark you as AWOL. You have a right to fill out your own 3971 on the clock.
If you are brought in for a PDI related to sick leave usage, as you should with any PDI, have a Union Rep accompany you to represent you. You may think that you can take mental notes or even physical notes during the PDI and maybe pass it along, but we are aware of certain requirements placed upon management during PDI’s. If they do not follow them, it can mitigate any discipline all the way up to the point of having it totally rescinded.

RMPO’s
I have recently visited Vineland’s, Bridgeton’s, Mullica Hill’s and Pennsville’s RMPO’s and have more to visit shortly. The reason for these visits was to see if management was adhering to the Goldberg Arbitration on Article 38.2.B. Guess what, none of them were. Grievances have been filed and are making their way through the system on some. Whereas a few understood their responsibilities under the arbitration and the contract and worked things out with us. The one’s that decided not to do so are just basically running a nice little tab that will eventually have to be collected on down the road in the grievance-arb procedure.

Crossing Crafts, PTF’s in 21 and Above, and Management Performing Bargaining Unit Work
There should be virtually no time that an RCA or any carrier should be performing clerk work. This prohibition also includes custodians who are utilized to “help” out with sorting parcels. In offices level 20 and above this also includes management not being permitted to perform clerk work. It is understood that a lot of times the field is short staffed and over-worked, but if you allow this to continue without reporting it to the Union, then you will remain short staffed and over-worked. We have settled numerous times in our local for monetary remedies to the clerks when this happens. Currently as of this writing, there is a grievance in the system seeking almost 400 hours of compensation at the overtime rate for the clerks at one particular office. We cannot file grievances and attempt to correct things unless you let us know, send us a statement when you see it happening.

As for PTF’s in 21 and above, it is becoming rarer, but it is still happening from time to time. We all know the contract has prohibited that for a while now yet it continues. Again, the same as with crafts or management performing clerk work. We feel in most cases it is a direct result of the staffing being shorted through reversions and/or excessing. The only way to correct this is to keep making them pay.