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Industrial Relations Magazine Articles Archive
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New Family and Medical Leave Act Rules
(This article first appeared in the May/June 2009 issue of The American Postal Worker magazine.)
The APWU has been meeting with the Postal Service regarding the implementation of changes to the Family and Medical Leave Act – changes that the Bush administration implemented just four days before President Obama took office. The APWU has updated our FMLA forms to provide additional information for medical certification requirements. [read more]
Arbitrator: USPS Form Letters Violate FMLA
(This article first appeared in the January/February 2009 issue of The American Postal Worker magazine.)
In a national-level award issued Oct. 13, 2008, Arbitrator Dennis R. Nolan found that certain form letters that the Postal Service planned to require employees to use when seeking leave under the Family and Medical Leave Act (FMLA) violate the law. Arbitrator Nolan ordered the Postal Service to revise the form letters to comply with the FMLA. [read more]
Non-Compliance a Persistent Problem
(This article first appeared in the November/December 2008 issue of The American Postal Worker magazine.)
Postal Service non-compliance with arbitration awards and grievance settlements is a persistent problem in some areas of the country. One of the responsibilities of the APWU Industrial Relations Department is to deal with non-compliance issues, and to take appropriate action when management fails or refuses to comply with an award or settlement. [read more]
Disputes Sparked by USPS Policies on FMLA
(This article first appeared in the September/October 2008 issue of The American Postal Worker magazine.)
We have been unable to reach resolution on two-national--level disputes with the Postal Service over Family and Medical Leave Act (FMLA) issues. The disputes have been appealed to arbitration, and we want to make clear the union’s position in these cases so that appropriate grievances can be filed at the local level. [read more]
USPS Liable for Supervisor's Threats of Retaliation
(This article first appeared in the July/August 2008 issue of The American Postal Worker magazine.)
A supervisor who threatened an employee with reprisals after the employee filed an unfair labor practice charge was acting as an “agent of the USPS” and therefore the Postal Service was liable for his actions, according to a U.S. Court of Appeals decision enforcing an order of the National Labor Relations Board. [read more]
Settlement Undercuts Our 'Weingarten' Rights
(This article first appeared in the May/June 2008 issue of The American Postal Worker magazine.)
In September 2007, the National Labor Relations Board (NLRB) informed the APWU that it had been engaged in negotiations with the Postal Service to reach a settlement agreement on a pilot program to address pending and future “Weingarten” violations at postal facilities. [read more]
New Transfer Rules for Excessed Employees
(This article first appeared in the Mar/Apr 2008 issue of The American Postal Worker magazine.)
The APWU receives numerous inquiries from members around the country about transfers, particularly from employees who are being impacted by excessing. The following pertains to the recently negotiated Memorandum of Understanding (MOU) regarding “Transfer Opportunities to Minimize Excessing” that appears in the 2006-2010 Collective Bargaining Agreement. [read more]
Wallet Card on Employee Rights Sows Confusion
(This article first appeared in the January/February 2008 issue of The American Postal Worker magazine.)
The Postal Service recently distributed to supervisors and managers a wallet-sized reference card intended to advise them of the rights of employees under the Supreme Court’s “Weingarten” ruling. The landmark decision requires that employees be provided a union steward, if requested, in any management-conducted investigatory interview that the employee reasonably believes could lead to discipline (including interviews by Postal Inspector or OIG agents). [read more]
Laptop Computers Missing
USPS Puts Employee Information at Risk
(This article first appeared in the November/December 2007 issue of The American Postal Worker magazine.)
The Postal Service recently notified the APWU that several laptop computers containing the personal and confidential information of several hundred APWU bargaining-unit employees, including names, Social Security numbers, home addresses, and other personal information, have been reported missing or stolen in the past year. USPS officials have informed us that every employee whose personal information was contained on any of these laptop computers has been notified, and they have assured us that there is no indication that any information stored on these laptops has been compromised. [read more]
Know Your Rights: The ‘No FEAR’ Act
(This article first appeared in the September/October 2007 issue of The American Postal Worker magazine.)
We often receive inquires regarding whether postal workers have any type of “whistleblower protection.” Yes, we do. Although postal workers – unlike most federal employees – are not covered by the Federal Whistleblower Protection Act of 1989, we are protected by certain USPS regulations. In addition, postal workers are covered under an important law, the “Notification and Federal Employee Anti-discrimination and Retaliation Act of 2002” (the “No FEAR Act”) ... [read more]
Court: USPS Engaging in ‘Egregious’ Misconduct
(This article first appeared in the July/Aug 2007 issue of The American Postal Worker magazine.)
A federal appeals court recently issued a decision that enforces an order of the National Labor Relations Board against the Postal Service in Albuquerque NM, which was found to have unlawfully disciplined and discharged a steward. The USPS also threatened to retaliate against rank-and-file APWU members who exercised their union rights. What makes the decision significant is that not only was the Postal Service ordered to stop engaging in unfair labor practices, it was ordered to cease “ in any other manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the [National Labor Relations] Act.” [Emphasis added.] [read more]
Military Leave Ruling Applies to USPS
(This article first appeared in the May/June 2007 issue of The American Postal Worker magazine.)
In the March/April 2006 issue of the American Postal Worker, I wrote about a 2003 court decision that overturned the federal government’s longstanding practice of charging employees “military leave” for non-workdays spent training in the armed forces. Since that article appeared, there have been several new developments in the law, including a Merit Systems Protection Board ruling that indicates that postal employees are indeed eligible for back pay for non-workdays during a time when they are undergoing armed forces training. [read more]
Ratification Sets the Stage for Local Negotiations
(This article first appeared in the Mar/Apr 2007 issue of The American Postal Worker magazine.)
Now that national contract negotiations have been successfully concluded with the ratification of a new National Agreement, locals across the country are preparing for local contract negotiations. Under Article 30 of the National Agreement, negotiations for a local agreement must occur within a 30-consecutive -day period that will take place during a 60-day period beginning April 2, 2007. [read more]
Union Wins Debt-Collection Arbitration
(This article first appeared in the Jan/Feb 2007 issue of The American Postal Worker magazine.)
In a recent national-level award, arbitrator Linda Byars found that the Postal Service violated the National Agreement and a 1993 Memorandum of Understanding (MOU) when it changed the regulations for collecting debts from postal employees. [read more]
NLRB Ruling is One More Step in AMS Struggle
(This article was first published in the Nov/Dec 2006 issue of The American Postal Worker magazine.)
A recent decision by the National Labor Relations Board overturning the dismissal of a Postal Service “unit clarification” petition is the latest chapter in a long-running dispute over management’s exclusion of the Address Management System (AMS) Specialist position from the APWU bargaining unit. [read more]
‘Protected Rate’ Wage-Increase Dispute Settled
(This article was first published in the Sept/Oct 2006 issue of The American Postal Worker magazine.)
The APWU and the USPS recently settled a dispute over the Postal Service’s unilateral change to the way it calculates general pay increases for employees in a “protected rate” status. An employee involuntarily assigned to a lower-level position is, under certain circumstances, eligible for protected-rate status... [read more]
Court Reverses Ruling on FMLA-Covered Absences
(This article was first published in the July/Aug 2006 issue of The American Postal Worker magazine.)
In the September/October 2005 issue of the American Postal Worker, I wrote about a landmark U.S. Court of Appeals ruling dated July 19, 2005, that invalidated USPS return-to-work requirements for Family and Medical Leave Act-covered absences. [read more]
The Employee’s Right to Remain Silent
(This article was first published in the May/June 2006 issue of The American Postal Worker magazine.)
In the Nov./Dec. 2005 issue of the American Postal Worker, I wrote about the transfer of responsibility for investigating certain types of postal employee misconduct. With the responsibility of conducting probes of some internal crimes being shifted from the Postal Inspection Service to the Office of Inspector General, I discussed the rights of employees and the union during such investigations. [read more]
Military-Leave Dispute Centers on Back Pay for Non-Workdays
(This article was first published in the March/April 2006 issue of The American Postal Worker magazine.)
Several local leaders and members have inquired recently about whether the Postal Service intends to comply with a 2003 federal Circuit Court decision that overturned the government’s longstanding practice of charging employees “military leave” for non-workdays spent training in the armed forces. At issue is whether postal workers are entitled to back pay. [read more]
Decisions Pending on Major Arbitrations
(This article was first published in the Jan/Feb 2006 issue of The American Postal Worker magazine.)
As we prepare for this year’s contract negotiations, one of my top priorities continues to be making the grievance arbitration process more responsive to the needs of our members. Grievances filed at the local level and subsequently appealed to regional arbitration directly impact the employees and/or postal installations where the grievances are filed. Grievances initiated at the national level, however, have nationwide impact and general application. [read more]
What’s Behind Changes in Internal Investigations?
(This article was first published in the Nov/Dec 2005 issue of The American Postal Worker magazine.)
In March 2005, the Postal Service informed the APWU that the responsibility for investigating certain types of employee misconduct (internal crimes) was being shifted from the Postal Inspection Service to the Office of Inspector General. [read more]
APWU Wins Landmark FMLA Case
(This article was first published in the Sept/Oct 2005 issue of The American Postal Worker magazine.)
The union won a major victory this summer, when a federal appeals court ruled that the Postal Service’s return-to work requirements for absences of more than 21 days are in conflict with the Family and Medical Leave Act. [read more]
Another Sunday Premium Dispute Win
(This article was first published in the July/Aug 2005 issue of The American Postal Worker magazine.)
In a significant win for the union, an arbitrator has ruled that the Postal Service must grant Sunday premium pay to employees who work on Sunday, even if the work is the result of a request for a temporary change of schedule for the employee’s own personal convenience. [read more]
USPS Survey Tactics Raise Concerns
(This article was first published in the May/June 2005 issue of The American Postal Worker magazine.)
The postal service is once again promoting its voice of the Employee Survey. Employee surveys and participation programs have long been a point of dispute between the Postal Service and the APWU, with the union actively urging our members not to take part in such studies. Our main concern is that the Postal Service has misrepresented the results of employee opinion surveys in the past, including during contract negotiations and interest arbitrations when it has used survey data to justify claims that employees supported its wage proposals. [read more]
APWU Wins Major Attendance Case
(This article was first published in the Mar/Apr 2005 issue of The American Postal Worker magazine.)
An arbitrator has sustained the APWU’s position in two of three outstanding issues in a significant attendance case. In a ruling in late January, Arbitrator Shyam Das said that the Postal Service may not require an employee to describe the nature of an illness or injury during a phone call to report an absence from work. He also ruled that the USPS policy on second and third medical opinions is inconsistent with the Family & Medical Leave Act and the National Agreement. [read more]
USPS Found in Violation of Rehab Act
(This article was first published in the Jan/Feb 2005 issue of the American Postal Worker magazine.)
A clerk who had been receiving Office of Workers' Compensation Program benefits and was subsequently separated from the Postal Service has been awarded a favorable court ruling that says the USPS violated the Rehabilitation Act by failing to engage in an “interactive process” to determine whether a reasonable accommodation existed for her. [read more]
