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Industrial Relations Web Articles Archive
Additional Information on Cross-Craft Reassignments
(10/14/2009) The union has sent a follow up letter to the Postal Service about APWU bargaining unit employees being reassigned to city letter carrier positions for which they did not meet the qualification requirements. The main purpose of the letter is to further articulate the APWU’s position and to reference other relevant regulations in support of the APWU’s position. More information will be provided as it becomes available. In the meantime, grievances should continue to be filed at the local level when an APWU employee is reassigned across crafts before meeting the qualifications for the new assignment.
Click here for a copy of the latest correspondence
Minimum Qualifications for Cross-Craft Reassignments
(10/7/2009) It has been brought to the union's attention that APWU bargaining unit employees may have been improperly reassigned to city letter carrier positions for which they did not meet the minimum qualifications (driving test), and may have been subsequently disciplined for failing to meet those qualifications. It is the Union's position that an APWU bargaining unit employee must meet the minimum qualifications before being reassigned to a letter carrier position. Below is a link to a letter sent to the Postal Service seeking assistance in resolving this issue, and to determine whether there is a disagreement between the parties regarding Article 12.5.C.5.a(4) and similar provisions of the National Agreement. Where a violation occurs, local grievances should be filed.
Letter to USPS Regarding Minimum Qualfications for Cross-Craft Reassignments
Decision in RI-399 Small Parcel & Bundle Sorter (SPBS) Case
(10/6/2009) This case involved a dispute over the Postal Service’s decision awarding allied duties on the SPBS, beyond those associated with the keying rotation for clerks, to the mail handler craft. It was the APWU’s position that all duties involved in mail processing on the machine, within the immediate vicinity (or footprint) of the machine, have historically been assigned to the clerk craft. For example, like the FSM machines – all duties, including allied duties, associated with operating the FSMs are assigned to clerks, and the FSMs are staffed with clerks above the minimum required to effectuate the rotation of keyers. On September 7, 2009, Arbitrator Joseph Sharnoff rejected the APWU’s reasoning and concluded that the determination to assign primary craft jurisdiction to the mail handlers on assignments other than those awarded by the Postal Service to clerks (i.e., distribution of IPPs, newspapers, rolls, letter or flat bundles or slugs and inserting labels, and pulling containers, containerizing and transporting to the extent necessary to implement rotation) was appropriate under the principles and guidelines of RI-399.
Click here for a copy of the arbitration decision
Settlement Reached in Individual Retirement Counseling Dispute
(09/22/09) On September 21, 2009, the APWU and the Postal Service reached a pre-arbitration settlement over a dispute concerning management’s responsibility to provide individual retirement counseling for employees. In 2007, the Postal Service centralized its individual retirement counseling process by conducting such counseling primarily by phone utilizing retirement specialists at the Human Resources Shared Services Center (HRSSC). The intent of the change is that postal employees receive consistent information and retirement processing nationwide. The settlement provides that local management must arrange reasonably private space for employees who wish to have individual retirement counseling on the clock. The employee is also entitled to have their spouse and/or advisor present during this process. In addition, employees who cannot begin or complete the process of obtaining counseling from HRSSC without assistance have to be offered assistance by local management. Whether an employee is unable to start or complete the retirement counseling will be determined jointly by local management and the local union on a case-by-case basis.
Click here for a copy of the settlement
Dispute Over Reassignment of Non-Bargaining-Unit Employees
To Bargaining-Unit Positions Appealed to Arbitration
(09/10/09) The Union has appealed to arbitration a dispute over whether the Postal Service violates the collective bargaining agreement when it reassigns non-bargaining-unit employees to bargaining-unit positions in an installation or craft where (1) there is a planned reduction of bargaining-unit employees, (2) bargaining-unit positions are being withheld or captured to accommodate impacted bargaining-unit employees, and (3) where bargaining-unit employees have retreat rights or other contractual rights to bargaining-unit positions pursuant to Article 12 and related provisions of the national agreement.
Dispute Over Sunday Premium When on Administrative Leave
Appealed to Arbitration
(08/31/09) The Union has appealed to arbitration a dispute over whether employees on Administrative Leave are entitled to Sunday Premium pay for any eligible hours they would have worked if not for being placed on administrative leave. According to the ELM, administrative leave is defined as "absence from duty authorized by appropriate postal officials ... without loss of pay." It is the union's position that this is no different than earning night differential when on administrative leave, a position that the union won in national-level case J90M-1J-C 95057374 by Arbitrator Philip Parkinson.
Click here for a copy of the Appeal to Arb and the parties' 15-Day Statements
Dispute Over Consolidation of Districts Appealed to Arbitration
(08/11/09) The APWU has appealed to arbitration a dispute over the Postal Service's unilateral consolidation of six USPS Districts. By letter dated May 12, 2009, the union was informed that six district offices had been consolidated and that effective July 4, 2009, the casual reports used by the Union to monitor compliance with Article 7.1.B.5 will reflect the new structure as specified in the letter. On July 1, 2009, the union challenged the authority of the Postal Service to make this unilateral change as contrary to the 2006-2010 National Agreement, which applies the casual limitations to the Districts as defined on the effective date of the agreement. It is the union's position that this is a mid-term modification of the collective bargaining agreement, prohibited by Article 5, that allows the Postal Service to evade the casual caps and thereby employ more casuals than it otherwise might have under the pre-existing district structure.
Click here for a copy of the Union's Appeal to Arbitration
Arbitrator Issues Decision in ELM 13 Dispute
(08/11/09) In a recent national-level award, Arbitrator Das sustained the union's grievance challenging the Postal Service's publication of ELM 13. The arbitrator agreed that management failed to provide the union with timely and appropriate Article 19 notification of certain changes to ELM 13, and gave the union 60 days to challenge those sections for which appropriate notice was not given and that the union believes adversely impact wages, hours or working conditions. The arbitrator retained jurisdiction to consider those specific challenges.
Click here for a Memo to the Field and a copy of the Award
Clarification on Use of APWU FMLA Forms
(07/14/09) In response to a letter from the Postal Service stating that the APWU's FMLA forms are not equivalent to the Department of Labor's FMLA forms, the union has written the Postal Service clarifying our position on the use of the forms. Some managers have interpreted the USPS's comments to mean that the APWU's FMLA forms are unacceptable. This is not true. FMLA regulations do not require that certification be provided on any particular form, or in any particular format, as long as the information is complete and sufficient. Management must make a case-by-case determination if the documentation provided is complete and sufficient. If it's not, they are required to explain to the employee, in writing, what they must do to make the form complete and sufficient. They cannot require the use of the optional DOL forms. In addition, the optional DOL forms contain space for doctors to provide information that is not required by the regulations. The APWU continues to encourage our members to use the APWU forms.
Click here for exchange of correspondence on FMLA forms and here for correspondence containing additional clarification.
Vehicle Maintenance Estimated Repair Times Cannot Be Used for Discipline
(06/04/09) In a recent national arbitration award, Arbitrator Shyam Das ruled that the Postal Service was not required to provide Article 19 notice to the union before implementing a 1998 Vehicle Maintenance Bulletin (VMB) that included Estimated Repair Times (ERTs), but sustained the Union's position that the ERTs in the VMB cannot be used to discipline employees, evaluate work performance, gauge work pace, or to require employees to document the reasons for exceeding ERTs "as a matter of course."
Dispute Initiated Over Revisions to Contract Postal Unit Handbook
(05/08/09) The Union has initiated a national dispute over the issuance of a new Publication 156, "Postal Employees Guide to Contract Postal Units", that replaces the Handbook AS-707-F, "Contracting for Contract Postal Units." The provisions of Handbook AS-707-F are utilized by the Union in regard to the enforcement, administration and/or interpretation of the collective bargaining agreement, and have been the subject of disputes at both the field and national level. It is the APWU's position that the Postal Service has unilaterally made revisions, replaced or renamed the Handbook AS-707-F, in an attempt to circumvent its obligations under the collective bargaining agreement.
Click here for a copy of the National Dispute letter.
APWU FMLA Forms Revised
(04/30/09) The APWU's revised FMLA forms that were issued in February 2009 to meet new federal regulations have been modified slightly for clarity after input from locals and field officers. APWU FMLA forms #1 and #2 were revised as follows: 1) a change to the section regarding medical facts to include treatment, if any; 2) a clarification regarding what constitutes a chronic condition (i.e. the new regulations stipulate that to qualify as a chronic condition, the employee must require treatment at least twice a year, and 3) a place for the HCP to print their name, above where they place their signature. This last change also applies to form #4. Form #3 is unchanged. While the February 2009 version of the forms should still be acceptable when properly completed, these revisions add clarity and should, therefore, reduce the number of instances where the Postal Service finds the forms “insufficient” or “incomplete.”
Dispute Initiated Over USPS Failure to Furnish Notice of Changes to PS Form 1723
(04/21/09) The APWU has initiated a national-level dispute over the Postal Service's failure to provide the union notice of proposed changes to PS Form 1723, Assignment Order. It is the APWU's position that the use of Form 1723 directly relates to wages, hours and working conditions, and that management's issuance of this form without proper notice to the union is a violation of the collective bargaining agreement.
Click here for a copy of the dispute and related correspondence
Reinstatement of Grievances Withdrawn Pursuant to 2006 MOU
(04/03/09) In a letter to the USPS, the APWU has notified management that we are reinstating any and all grievances that were withdrawn or considered withdrawn pursuant to the 2006 MOU re: Limited Duty and Rehabilitation Assignments Within APWU Crafts Involving Workers from Other Crafts. As previously reported, Arbitrator Das invalidated the MOU in a recent national-level arbitration decision of a grievance initiated by the NALC.
Click here for a copy of the letter reinstating these grievances
Response to Inquiries from Field Regarding Ergonomic Risk Reduction Program (ERRP)
(04/03/09) In response to numerous inquiries from the Field, headquarters has sent a clarification to Local Presidents regarding local participation in the ERRP program. The APWU does not ask or recommend that locals withdraw from the Local Ergonomic Risk Reduction Program (ERRP), either as part of a nationwide endeavor or in conjunction with the filing of OSHA complaints over ergonomic hazards on the DBCS machines.
APWU Urges Locals with DBCS Machines to File OSHA Complaints
(03/30/09) The APWU has sent a letter to local presidents in regard to ergonomic issues related to Delivery Bar Code Sorter (DBCS) operations. The purpose of this letter is to explain the attached information and the APWU’s intent to have multiple OSHA complaints simultaneously filed by locals with DBCS machines, nationwide. APWU has made many attempts to discuss and correct known ergonomic risks and hazards associated with the operations of the DBCS machines. Although we have had some success, the Postal Service continues to refuse to discuss identified ergonomic risks and hazards. [read more]
Arbitrator Rescinds ELM 546 Changes
Agreed to in
APWU-USPS 2006 MOU
(03/26/09) Arbitrator Das, ruling in an NALC grievance in which the APWU intervened, ordered the Postal Service to rescind changes agreed to by the APWU and the USPS in a 2006 MOU "Re: Limited Duty and Rehabilitation Assignments Within APWU Crafts Involving Workers from Other Crafts." The MOU provided that the reassignment or reemployment of an employee injured on duty was required to be "accomplished through Article 13 of the National Agreement applicable to the craft to which the employee is being reassigned." The NALC objected that the change would adversely affect language in Article 13 of the NALC agreement, and that the Postal Service could not make these changes without negotiating with the NALC.
Click here for a copy of the arbitrator's decision
Dispute Filed Over USPS Failure to Create Bargaining Unit Jobs at Greensboro HRSSC
(03/20/09) The APWU has filed a national-level dispute over the Postal Service's failure to create bargaining unit positions at the Human Resources Shared Services Center (HRSSC) in Greensboro, NC. The union contends, among other things, that this is work that was performed by APWU bargaining unit personnel in other facilities that are engaged in customer services and mail processing as defined in Article 1.3 prior to the migration of that work to Greensboro.
Click here for a copy of the national dispute letter
Disputes Over Contract Postal Units Filed, Appealed to Arbitration
(03/18/09) The APWU has initiated one dispute, and appealed another to national arbitration, over whether a contract postal unit (CPU) may exist in a facility when the Postal Service has use of the property by consignment or other special agreement, for example, on military bases, in national parks and in government buildings, or the Postal Service pays the contractor's rent. It is the APWU's position that such a facility must be staffed by bargaining unit employees.
Click here for a copy of the dispute, the appeal and the parties' 15-Day Statements.
Maximization Dispute Appealed to Arbitration
(03/18/2009) The APWU has appealed to national-level arbitration a dispute over whether the Postal Service is obligated under Article 7.3.B to maximize the number of full-time regular duty assignments by combining all regularly scheduled work hours of non-full-time employees, including part-time regulars, transitional employees and casual employees.
Click her for a copy of the appeal and the parties' 15-Day Statements
Dispute Over VER and Severance Pay Appealed to Arbitration
(03/03/09) The APWU has appealed to national-level arbitration a dispute over bargaining unit employees' entitlement to severance pay when they accept voluntary early retirement (VER) benefits.
Click here for a copy of the appeal and the parties' 15-Day Statements
New APWU FMLA Forms Available
(02/24/09) The APWU's FMLA forms have been updated to meet revised certification requirements that took effect Jan. 16, 2009. The forms have also been renumbered. APWU Form 1 is for leave for an employee's own serious health condition and APWU Form 2 is for leave to care for a family member's serious health condition. APWU Forms 3 and 4 are new and are for employees who are requesting military family leave under the new regulations. [read more]
Cost of Living Adjustment (COLA) Update
(02/20/09) In January, the Consumer Price Index (CPI-W) rose to 612.719, still well below the July 2008 index of 644.303 upon which our last COLA was based. After the final month of the six-month measuring period, the fifth COLA under the 2006 National Agreement and the Operating Services Agreement will be zero. [read more]
Dispute Over USPS Two-Tour Initiative Appealed to Arbitration
(02/17/09) The union's national-level dispute over the Postal Service's unilateral implementation of a nation-wide two-tour initiative, which is intended to eliminate or greatly reduce existing day shift Tour 2 assignments, has been appealed to national-level arbitration.
Click here for a copy of the appeal and the parties' 15-Day Statements
Award on ELM Sex Offender Reporting Requirement
(02/17/09) In a recent national-level arbitration award, Arbitrator Syam Das denied the union's grievance challenging revisions to ELM Section 665 which added a new section on Reporting Requirements for Sex Offenders. The new provision states that employees who are required by the law of any jurisdiction to register as a sex offender must report this to management within ten (10) calendar days after the employee first registers as a sex offender. Arbitrator Das found the new reporting requirement fair, reasonable and equitable.
Click here for a summary and copy of the award
National Award on Validity of Step 2 Decision
After Progression to Step 3
(01/26/09) In a national-level award over the validity of a USPS Step 2 grievance decision letter issued after the grievance has progressed to Step 3, Arbitrator Dana Eischen sustained the Mail Handler Union's position that the decision letter has no validity under the last sentence of paragraph 2 of Article 16.5 of the USPS/NPMHU agreement. Though this was a Mail Handler grievance, the APWU intervened because we have a similar dispute pending national-level arbitration. Though the arbitrator did not rule on the precise issue involved in the APWU's grievance, the award will enhance our case should it be necessary to go to arbitration.
Click here for a summary and copy of the award
New FMLA Rules Effective January 16
(01/16/09) The APWU has been meeting with the Postal Service regarding the implementation of changes to the Family and Medical Leave Act (FMLA) – changes the Bush Administration implemented just four days before President Bush leaves office. The changes, announced in November, make it harder for workers who are covered by the law to use FMLA leave. The APWU is also updating our FMLA materials (including APWU’s FMLA medical certification forms) to reflect the changes. Those updated materials will be distributed as they become available. [read more]
Disputes Filed Over USPS Two-Tour Initiative
(12/19/08) The APWU has filed two national-level disputes protesting the Postal Service’s nationwide program to eliminate or drastically reduce Tour 2 assignments and employees. The disputes, both filed Dec. 16, recap many of the allegations made by the union in an Unfair Labor Practice Charge [PDF] filed with the National Labor Relations Board (NLRB) on Nov. 25. [read more]
Award on Casuals Working Tour Two
(12/03/08) In a national-level award, Arbitrator Shyam Das has ruled that Tour 1 casuals may continue to work past 5 a.m., concluding that the intent of the 2006-2010 Collective Bargaining Agreement is to prevent management from assigning casuals starting times between the hours of 5 a.m. and noon.
Click here for a summary and copy of the award
Award on Annual Leave Exchange Option
(12/02/08) In a national-level arbitration award, Arbitrator Linda Byars sustained the union's grievance protesting management’s decision to exclude part-time flexibles (PTFs) from the negotiated Annual Leave Exchange program.
Click here for a summary and copy of the award
Arbitrator Orders USPS to Revise Certain FMLA Form Letters
(10/30/08) In a recent national-level arbitration award, arbitrator Dennis Nolan ruled that certain form letters that the Postal Service planned to use when employees seek family and medical leave violate the Family and Medical Leave Act (FMLA). The arbitrator ordered the Postal Service to revise the form letters as necessary to comply with the law.
Click here to view a summary of the award, and the complete award.
USPS Proposed Revisions to ELM Sections 512, 513 and 515
Appealed to Arbitration
(10/28/08) The APWU has appealed to national-level arbitration an Article 19 Notification concerning USPS proposed changes to ELM subchapters 512, 513 and 515. The proposed revisions to subchapters 512 and 513 involve completion of PS Form 3971 through the Interactive Voice Response system (IVR) and the Enterprise Resource Management System (eRMD). Proposed changes to subchapter 515 involve the forwarding of documentation related to a request for FMLA to the FMLA Coordinator. The APWU's position is that Article 10, Section 2.A. of the CBA prohibits changes to ELM Chapter 510 that affect wages, hours or working conditions for the life of the Agreement.
Click here for the Appeal to Arbitration and the Union's 15-Day Statement of the Issues and Facts.
2008-2009 Casual Exception Period Set
(10/20/08) Article 7.1.B.5 of the 2006 National Agreement provides exceptions to the six percent and 11 percent casual caps during accounting periods 3 and 4. For Fiscal Year 2009, the casual exception period will be from Nov. 22, 2008 through Jan. 16, 2009.
2008 Penalty Overtime Exclusion Period Set
(10/20/08) The December period referenced in Article 8, Sections 4 and 5, of the National Agreement, during which penalty overtime regulations are not applicable, consists of four consecutive service weeks. (See Why Is the Penalty Overtime Exclusion Period Only 28 Days?) This year the period begins Pay Period 26-08, Week 1 (Dec. 6, 2008) and ends Pay Period 1-09, Week 2 (Jan. 2, 2009).
Dispute Over Notification to Locals of Subcontracting
Appealed to Arbitration
(10/01/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's obligation pursuant to Article 32, Section 1.C., of the National Agreement, to furnish the Union at the local level notification of subcontracting of bargaining unit work within their respective installations. It is the APWU's position that Article 32, Section 1.C., requires notification to the local union of subcontracting of bargaining unit work at local installations.
Click here for the Appeal to Arbitration and the parties' 15-Day Statements of the Issues and Facts
Dispute Over Time Spent Undergoing Medical Evaluation
Appealed to Arbitration
(10/01/08) The APWU has appealed to national-level arbitration a dispute over compensation to employees for all time spent undergoing medical evaluation or examinations at the employer's request, including travel expenses. The APWU's position is that all time spent by an employee to undergo medical evaluations or examinations requested by the Employer "constitutes hours worked," regardless of whether the time spent is during normal work hours, outside normal work hours, or on non-scheduled work-days.
Click here for the Appeal to Arbitration and the parties' 15-Day Statements of the Issues and Facts
Dispute Over Management's Untimely
Step 2 Answers
Appealed to Arbitration
(10/01/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's untimely issuance of Step 2 denial letters. The issue in this dispute is whether, in the absence of a mutually agreed to time-limit extension, the Postal Service may issue a Step 2 decision beyond the time limits prescribed in Article 15, Section 2, Step 2(f) of the National Agreement between the APWU and the Postal Service.
Click here for the Appeal to Arbitration and the parties' 15-Day Statements of the Issues and Facts
APWU Representatives Gain Access to USPS PolicyNet
(09/22/08) The APWU has reached agreement with the Postal Service on a method for granting union representatives at the state and local levels direct access to USPS PolicyNet. PolicyNet is the portion of the Postal Service intranet (Blue) that contains handbooks, manuals, Management Instructions, publications, Memorandums of Policy, forms, posters, notices, Vehicle Modification Orders, and Vehicle Maintenance Bulletins. The agreement on the method of providing access to PolicyNet is a result of ongoing discussions related to implementing the Memorandum of Understanding on “Electronic Access to Information,” which is part of the 2006-2010 Collective Bargaining Agreement. [read more]
Click here for a copy of the Memo to Local Presidents and the form for requesting access.
Dispute Over Data Security Breaches/Missing USPS Laptops Appealed to Arbitration
(09/15/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's security breaches of sensitive postal employee data resulting from missing or stolen postal laptop computers. It is the APWU's position that sensitive employee data (e.g. social security numbers) should not be stored on portable computing devices. In addition, the union is asking, as a remedy, that the Postal Service provide Identity Theft Insurance to impacted employees.
Dispute Over Individual Retirement Counseling Appealed to Arbitration
(08/18/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's unilateral decision that resulted in the discontinuation of established local methods of providing individual retirement counseling to bargaining unit employees.
Excessing Dispute: Separation of Casuals, Regardless of Craft, Appealed to Arbitration
(08/18/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's obligation to separate all casuals, regardless of craft, to the extent that it will minimize the impact of excessing on regular (full-time or part-time) work force employees.
Aug. 30, 2008 COLA Update
(08/14/08) In July, the Consumer Price Index (CPI-W) rose to 644.303. The fourth COLA under the 2006 National Agreement will be $1,477 per year, which works out to $56.80 per pay period or 71 cents per hour. The COLA will be effective Aug. 30, 2008 (pay period 19-2008, pay date Sept. 19, 2008. [read more]
Dispute Over USPS FMLA Recertification Requirements Appealed to Arbitration
(08/11/08) The APWU has appealed to arbitration a dispute over the Postal Service's policy of requiring employees to automatically submit new medical certification for an FMLA-covered condition simply because the leave year has ended and a new leave year has begun. It is the APWU's position that this policy violates the Collective Bargaining Agreement, FMLA regulations and the mutually accepted past practice.
Dispute Over Restrictions on Casuals Hired for Dual Assignments Appealed to Arbitration
(08/11/08) The APWU has appealed to arbitration a dispute concerning whether the provisions of Article 7.1.B.3 of the National Agreement that prohibits casuals from performing assignments that require training and testing includes PMRs (Postmaster reliefs) with dual appointments when used as casuals, and also whether these restrictions are limited to 200-man year installations.
Dispute Over USPS Refusal to Accept FMLA Medical Certification Appealed to Arbitration
(08/01/08) The APWU has appealed to arbitration a dispute over the Postal Service's refusal to accept medical certification for chronic conditions covered under the Family and Medical Leave Act if not submitted at the time of the absence. It is the APWU's position that employees may submit medical certification notifying the employer of a serious health condition before an absence or leave begins. It is the APWU's position that this fulfills th employees obligation under the FMLA to provide the employer with notice as soon as practicable.
Dispute Filed Over USPS Failure to Provide Notification of Subcontracting to Locals
(06/05/08) The APWU has initiated a national-level dispute over the Postal Service's failure to comply with their obligations under Article 32.1.C of the National Agreement to furnish notification to locals of subcontracting of bargaining unit work at the local level. The dispute follows the Postal Service's response to an earlier inquiry regarding management's understanding of their obligations under Article 32.1.C.
Click here for a copy of the union's inquiry, management's response, and the national dispute.
OSHA Releases Ergonomic Strategic Partnership Report for Denver P&DC
(05/21/08) The U.S. Occupational Safety and Health Administration's (OSHA) Strategic Partnership Program has released their Ergonomic Verification Report for the Denver P&DC's Ergonomic Risk Reduction Process. The Verification Team visited the Denver site on Oct. 25-27, 2007. The overall evaluation of the process as it is functioning at the Denver P&DC was overwhelmingly positive. You can read the OSHA report and an APWU Summary of the report by clicking the preceding links.
Parties Agree to Extend Grievance Time Limits During APWU National Convention
(05/05/08) The APWU reached an agreement with the Postal Service regarding time limit extensions for all grievances and appeals to arbitration during the weeks surrounding the APWU National Convention. The APWU requested the extension of time limits due to the APWU's National Convention taking place during the second and third weeks of August 2008. During this time period all national officers, and many local stewards and officers from around the country will be attending the National Convention and/or the convention workshops and craft conferences in Las Vegas, NV. We have made similar requests during previous national conventions.
Click here for a copy of the agreement
Unfair Labor Practice Charges and Grievances Regarding Weingarten Violations
(05/05/08) This is a follow-up to the memo posted on April 15, 2008. (See APWU Opposes NLRB/USPS Settlement Agreement Related to Weingarten Violations.) When filing an unfair labor practice charge regarding Weingarten violations, two separate charges should be filed differentiating between those based on interference with the steward and those depriving employees of their Weingarten Rights. In addition, an individual grievance should be filed on behalf of the employee whose Weingarten Rights were violated, and a separate class action grievance should be filed by the union on behalf of the steward whose rights to participate in an investigatory interview were violated.
Click here to see the May 5, 2008 Memo
New USPS "Observation of Work Practices" Forms Appealed to Arbitration
(05/05/08) The APWU has appealed to national level arbitration the creation of two new USPS "Observation of Work Practices" forms. It is the union's position that the observation forms are redundant and also conflict with Chapter 8 of the ELM and Section 8-14 of the Handbook EL-801, Supervisors Safety Handbook. Furthermore, it is the union's position that these forms are records covered under the Privacy Act; however, the Postal Service was unable to identify the System of Records under which these forms would be protected.
Click here for a copy of the Appeal to Arbiration and the Union's 15-Day Statement
Implementation Process Agreed To For Off-Site Safety and Health Inspections
(05/06/08) Pursuant to the Memorandum of Understanding MOU Re: Off-Site Safety and Health Program found on page 324 of the 2006 National Agreement requiring the National Joint Labor Management Safety and Health Committee to create an implementation process to ensure employees in off-site locations are fully protected by the Postal Service’s Safety and Health Program, the parties agreed to the following implementation process ... [read more]
Click here for a list of detached mail units (DMUs)
APWU Opposes NLRB/USPS Settlement Agreement Relating To Weingarten Violations
(04/15/08) On February 28, the National Labor Relations Board (NLRB) notified the APWU of its decision to implement a settlement agreement with the U.S. Postal Service establishing a pilot program to address current and future Weingarten violations by the Postal Service. A Weingarten violation occurs when the Postal Service fails or refuses to provide you with a union representative – if you request one – in any management-conducted interview that you reasonably believe could lead to discipline. According to the NLRB, the purpose of the pilot program is to explore a method of resolving Weingarten disputes without resorting to litigation and to obtain meaningful remedies that are not currently available through administrative proceedings before the NRLB. The APWU disagrees. [read more]
Notification of Subcontracting at Local Level
(03/17/08) The APWU has written a letter to the Postal Service to determine if there is a disagreement between the parties regarding management's obligation, pursuant to Article 32, Section 1.C of the National Agreement, to furnish the union at the local level with notification of subcontracting of bargaining unit work. If there is a disagreement between the parties, the union will file a national-level dispute.
Click here for a copy of the correspondence.
Dispute Filed Over USPS Data Security Breaches/Missing Laptops
(03/06/08) The APWU has filed a national-level dispute over the Postal Service's data security breaches involving missing or stolen laptop computers containing personal and confidential information of APWU bargaining unit employees. It is the union's position that the Postal Service has failed to take the necessary corrective action to eliminate these data security breaches by ensuring that sensitive employee information is not stored on portable computing devices. It is also the APWU's position that when a data breach occurs, the Postal Service should provide impacted employees with identity theft insurance.
Click here to view the National Dispute letter.
Dispute Filed Over Automatic Recertification Requirement for
FMLA-Covered Condition
(02/25/08) The APWU has filed a national-level dispute over the Postal Service's practice of requiring employees to automatically provide new medical certification (recertification) for a serious health condition with the first absence in a new leave year, simply because the old leave year has ended and a new leave year has begun. It is the APWU's position that once an employee has provided the Postal Service with an FMLA medical certification, it is improper for the Postal Service to automatically require recertification simply because a new leave year has begun.
Click here to view the National Dispute letter
March 15, 2008 COLA Update
(02/21/08) In January, the Consumer Price Index (CPI-W) rose to 615.828. The third COLA under the 2006 National Agreement will be $479 per year, which works out to $18.40 per pay period or 23 cents per hour. The COLA will be effective March 15, 2008 (pay period 07-2008, pay date April 4, 2008. [read more]
Dispute Over Priority Scheduling for Overtime Is Appealed to Arbitration
(02/21/08) The APWU has appealed to arbitration a dispute over whether it is a violation of Article 8, Section 5.H, of the National Agreement when the Postal Service does not schedule full-time employees on the Overtime Desired List (OTDL) for overtime work prior to scheduling casual employees for overtime work and, if so, what is the appropriate remedy.
Click here to view the Appeal to Arbitration and related documents
Dispute Over Limitations on Casual Employee Assignments
Is Appealed to Arbitration
(02/21/08) The APWU has appealed to arbitration a dispute involving the provisions of Article 7, Section 1.B.3 of the National Agreement that prohibit casual employees from performing assignments requiring training and testing. The issue concerns whether the restriction is limited to positions contained in Article 37.3.F.5 and 37.3.F.7 of the National Agreement. The APWU's position is that the language in Article 7.1.B.3 that references Article 37.3.F.5 and 37.3.F.7 is illustrative in nature and not intended to limit the scope of the prohibition against casuals working jobs that require training and testing.
Click here to view the Appeal to Arbitration and related documents
Dispute Filed Over Sunday Premium for Administrative Leave
(02/21/08) The union has initiated a national dispute over whether an employee who is on administrative leave is entitled to Sunday Premium pay for hours he/she would have otherwise worked on Sunday. The APWU's position is that an employee on administrative leave is entitled to be paid for all hours he/she would otherwise have worked during a scheduled tour that includes any part of Sunday.
Click here to view the National Dispute letter
Dispute Initiated Over New Electronic Form For Reporting Accidents
(02/21/08) The Postal Service's improper creation, handling and utilization of a new electronic PS Form 1769 for reporting accidents is the subject of a recently initiated national dispute. The new electronic form, which is completed by postal supervisors, includes confidential and restricted information such as the employee's social security number and medical diagnosis. The APWU's position is that the recording of an employee's social security number and diagnosis are not necessary for the purpose of reporting an accident, and therefore should be removed from the form. The APWU has also filed an unfair labor practice charge over the Postal Service's failure to provide the union with requested information regarding this form.
Click here to view the National Dispute letter
Dispute Over PMRs with Dual Appointments as Casuals
Working in Skilled Positions
(02/21/08) A national-level grievance has been filed concerning the use of non-bargaining unit employees (PMRs) with a dual appointment as a casual being utilized in assignments requiring training and testing in violation of Article 7.1.B.3 of the National Agreement. The APWU's position is that the Article 7.1.B.3 restrictions on casuals performing assignments requiring training and testing apply to all casuals, regardless of the installation size as well as to any non-bargaining unit employees with a dual appointment as a casual.
Click here to view the National Dispute letter and related correspondence
Upgrades and New Pay Schedule Effective Feb. 16, 2008
(02/02/08) All APWU-represented employees covered by the 2006-2010 APWU-USPS collective bargaining agreement will be upgraded one pay level effective Feb. 16, 2008. The upgrades are being implemented via new pay schedules. The new pay schedules reflect pay increases of approximately 2.6 percent from the old levels to the new ones. [read more]
Previously Adopted Labor-Management Resolutions Book Available
(01/24/08) To assist APWU locals and state organizations as they prepare for the national and state conventions, the Industrial Relations Department has compiled a book of Previously Adopted Labor- Management Resolutions [pdf - 1.05MB]. Delegates to state conventions can use this book to determine whether resolutions they are considering may have already been adopted and are therefore standing resolutions.
Information Regarding Electronic Delivery of Employee Net-to-Bank Earning Statements
(12/06/07) In response to an APWU inquiry concerning Electronic Delivery of Net-to-Bank Earning Statements, the Postal Service has advised us that the Union will be notified if and when a plan for implementation of electronic net-to-bank earnings statements for bargaining unit employees is finalized. For now, electronic delivery of net-to-bank earnings statements applies to PCES and EAS employees only.
Click here for the exchange of correspondence
Protected Rate COLA Correction
(10/12/07) The salaries for employees in a protected rate were not increased by the COLA effective September 1, 2007 (PP 19-2007). The Postal Service will fix this error in PP 22-2007 (effective October 13, 2007, pay date November 2, 2007). The back pay adjustment for September 1 through October 12 should follow in PP 24-2007.
Union Raises Concerns Over Instructions for Managers Regarding Weingarten Rights
(09/20/07) The APWU sent a letter to the Postal Service raising concerns about a draft notification to supervisors and managers instructing them how to apply employees’ rights under the Supreme Court's Weingarten decision. The Postal Service’s instructions were finalized on a laminated, wallet-size card which was mailed to supervisors and managers, as well as other PCES and EAS employees it determined have a need to know about employees’ Weingarten rights. The union’s specific concerns are set out in detail in the letter, and the Postal Service’s response will be made available upon receipt.
Click here for a copy of the APWU's letter detailing concerns about the Weingarten wallet card.
Information Regarding Missing USPS Laptops Containing Personal Data of Employees
(09/19/07) The APWU is disseminating information related to a series of notifications the union has received from the USPS concerning missing laptop computers containing personal and confidential information on APWU bargaining unit employees. The personal data included such things as names, social security numbers, home addresses and other personal information. The APWU takes these incidents very seriously and as been meeting and discussing this issue with management at the headquarters level in an attempt to address the serious concerns we have regarding the missing personal information of some of our members. [read more]
USPS Responds to Inquiry Regarding Medical Evidence for Absences of Three Days or Less
(09/19/07) The APWU received a response to a letter sent to the Postal Service seeking to determine if there is a disagreement between the parties at the national level regarding the conditions under which an employee may be required to submit medical documentation or other acceptable evidence for periods of absence of three days or less. The union clearly laid out our position and asked the Postal Service if they disagreed. Their response was that "there is no dispute or disagreement regarding the conditions under which an employee may be required to submit medical documentation or other acceptable evidence for periods of 3 days or less." Further, they write, "the eRMS application does not change Postal Service policy concerning medical documentation for absences when employees call in sick."
National Safety-and-Health Program Renewed
(09/10/07) The APWU and USPS announced Sept. 10 that they have renewed their commitment to the Voluntary Protection Program, which is designed to improve safety and health at postal facilities and to reduce accidents and injuries. In an Aug. 30 agreement, the union and management agreed to extend the process for three years. Since the program was implemented three years ago, 134 postal sites have been recognized for exhibiting a dedication to safety and health under a partnership between the APWU, USPS, and OSHA, the Occupational Safety and Health Administration .... [read more]
Union Seeks Clarification Regarding Medical Evidence for Absences of Three Days or Less
(09/06/07) The APWU has sent a letter to the Postal Service to determine if there is a disagreement between the parties at the national level regarding the conditions under which an employee may be required to submit medical documentation or other acceptable evidence for periods of absence of three days or less. It appears that in some offices, through the application of the RMD/eRMS, local management may be improperly requiring medical documentation for absences of three days or less. If employees are being improperly required to submit medical documentation or other acceptable evidence for absences of three days or less, grievances should be filed requesting that the grievant be reimbursed for their expense in obtaining medical documentation, including the cost for travel to and from the doctor, and for lost time.
2007 JCIM Updated
(08/24/07) An updated version of the the 2007 Joint Contract Interpretation Manual (JCIM) is now available. The 2007 JCIM update was agreed to by the parties on June 29, 2007. The JCIM is intended to be a resource for the administration of the National Agreement. Jointly prepared by the APWU and the USPS, the JCIM provides a mutually agreed to explanation of how to apply the contract to the issues addressed. When a dispute arises, the parties should first go to the JCIM to determine whether the dispute is addressed and, if it is, the parties are required to resolve the dispute in accordance with this manual.
Click here for a list of the latest revisions and a copy of the updated 2007 JCIM
2006-2010 Collective Bargaining Agreement
(07/19/07) The official 2006-2010 Collective Bargaining Agreement between the USPS and the APWU is now available. Orders may be placed online at the APWU Store or by phone at 800-789-0072, Mon-Fri, 8 a.m. - 5 p.m. EST. The contract is available in two formats: a spiral bound edition for $4 per copy, and a traditional paperback version for $3 per copy. The price includes shipping at the “media mail” rate, with delivery taking from one to eight days depending on your delivery zone. Expedited shipping is available for an extra charge and requires that your order be placed by phone. Please be prepared to specify the quantity and format when ordering.
A PDF version of the contract may be downloaded for free from the Collective Bargaining Agreements page.
Supplemental Award on Remedy In Sunday Premium Case
(Jan. 12, 2007) In this award, Arbitrator Das denied the APWU's position that his Sunday Premium Award (see Union Wins Another Sunday Premium Case) should be applied retroactively to all employees on a nationwide basis. He concluded that “the holding in the Sunday Premium Award applies prospectively to all bargaining unit employees, but that only those employees who had filed a timely grievance (or on whose behalf such a timely grievance had been filed by a local union) are eligible for retroactive payment.”
Click here for a copy of the supplemental award
Union Wins Debt Collection Act Case
(Dec. 9, 2006) In a recent national-level award, Arbitrator Linda Byars ruled that the ELM 460 provision allowing for collection of postal debts by the Postal Service in increments greater than 15% of an employee’s disposable pay or 20% of the employee’s biweekly gross pay per pay period (whichever is lower) violates the Memorandum of Understanding on debt collection and Article 28.4.B of the National Agreement.
Click here for a copy of the award
Arbitrator Sustains MS-47 Challenge
(Dec. 9, 2006) In another recent national-level award, Arbitrator Shyam Das sustained the union's challenge to management's revisions to the custodial staffing handbook (MS-47) and ordered the Postal Service to rescind the 2001 MS-47 Handbook, reinstate the previous (1983) MS-47 Handbook, and reinstate or prepare staffing packages as soon as practicable.
Click here for a copy of the award
Updated 2006 Tentative Agreement Available
(Dec. 12, 2006) An updated PDF version of the 2006 tentative agreement is available for downloading on the Collective Bargaining Agreements page. For information on the contract ratification process, visit the 2006 Contract Negotiations News page.
2006 Penalty Overtime Exclusion Period Set
(Oct. 27, 2006) The December period referenced in Article 8, Sections 4 and 5, of the National Agreement, during which penalty overtime regulations are not applicable, consists of four consecutive service weeks. This year the period begins Pay Period 25-06, Week 2 (Dec. 2, 2006) and ends Pay Period 1-07, Week 1 (Dec. 29, 2006). See Why Is the Penalty Overtime Exclusion Period Only 28 Days below
APWU Initiates Dispute Over Changes
To USPS Handbook
AS-805, Information Security
(Oct. 25, 2006) The APWU initiated a national dispute over the Postal Service's announcement of revisions to the AS-805 handbook governing Information Security. The revised handbook restricts employees from bringing personal information resources (e.g. laptops, notebooks, PDAs, handheld computers and USB port devices such as flash memory sticks) into postal facilities. The union is concerned that the new restrictions may adversely impact the union's ability to perform its duties.
Click here for a copy of the national dispute
APWU, USPS Reach Agreement on Transfer Opportunities
(Aug. 12, 2006) APWU-represented employees at installations where excessing is occurring will have an opportunity to be placed on a preferred listing for transfers and will receive other accommodations to minimize the impact of reassignments under an agreement signed recently by the union and management that implements the Sept. 12, 2005, Memorandum of Understanding re: Transfer Opportunities to Minimize Excessing.
Click here for a copy of the agreement
Dispute Initiated Over Improper
Use of Casuals
To Fill Withheld Duty Assignments
(Aug. 8, 2006) The APWU has initiated a Step 4 Dispute over the Postal Service's violation of their obligation to minimize to the extent possible the impact of excessing on full-time and part-time (regular work force) employees by the separation of all casuals and their decision to utilize casual employees in lieu of regular work force employees to fill duty assignments withheld pursuant to Article 12.
Click here for a copy of the dispute.
Settlement Reached Regarding Proper Wage Increases
For Protected Rate Employees
(Aug. 8, 2006) The APWU and the Postal Service reached a settlement agreement recently involving an unfair labor practice charge over the Postal Service’s unilateral change to the way general pay increases are calculated for employees in a protected rate status.
Click here for a copy of the NLRB settlement agreement.
Industrial Relations Announces APWU Search Class at National Convention in Philadelphia
(July 4, 2006) The Industrial Relations Department will conduct a training class in APWU Search in conjunction with the National Convention in Philadelphia this summer. The class will take place on Saturday, Aug. 12, 2006 from 5:30 p.m. until 7 p.m. at the Pennsylvania Convention Center. Registration is not required.
Click here for the announcement of the APWU Search class.
Parties Agree to Extend Grievance Time Limits During APWU National Convention
(June 2, 2006) The APWU reached an agreement with the Postal Service regarding time limit extensions for all grievances and appeals to arbitration during the weeks surrounding the APWU National Convention. The APWU requested the extension of time limits due to the APWU's National Convention taking place during the second and third weeks of August 2006. During this time period all national officers, and many local stewards and officers from around the country will be attending the National Convention and/or the convention workshops and craft conferences in Philadelphia, PA. We have made similar requests during previous national conventions.
Click here for a copy of the agreement
Seventh Circuit Reverses FMLA Ruling
(May 12, 2006) The U.S. Court of Appeals for the Seventh Circuit has reversed its previous landmark ruling that USPS return-to-work requirements following an approved FMLA absence were invalid because they were stricter than the requirements of the Act. A USPS petition for rehearing was supported by the Bush Administration with the Secretary of Labor filing a brief in support of the USPS petition. On review, the Court stated it was “not able to conclude that Congress clearly addressed the question at issue through statutory language.” “Because the Department of Labor’s regulations reasonably interpret [the statute] to allow a [collective bargaining agreement] to impose stricter return-to-work restrictions than those otherwise incorporated into the FMLA, we defer to that interpretation,” the Court wrote.
Judge Issues Interim Opinion in Suit to Enforce AMS Specialist Award
(April 24, 2006) – On March 23, 2006, U.S. District Court Judge Henry H. Kennedy Jr. issued an interim opinion finding that Arbitrator Snow's award in the Address Management System (AMS) Specialist case is final and binding. However, a final decision in the APWU's suit to enforce the Snow award is still pending further motions and/or a trial. The Snow award, dated April 29, 2003 (Case No. Q94C-4Q-C98117564) sustained the union's grievance challenging the exclusion of the AMS Specialist position from the bargaining unit. The NALC and the USPS petitioned the arbitrator to review his decision, but he passed away before responding to the parties’ motions. It should be noted that the National Labor Relations Board has yet to rule on a related Postal Service petition seeking to overturn the arbitrator's decision on the grounds that it violates NLRB rules on adding employees to an existing bargaining unit.
Click here for a copy of the opinion
APWU and OIG Exchange Views on Employee And Union Rights in Workplace Investigations
(March 28, 2006) A recent exchange of correspondence between the APWU and the USPS OIG Inspector General highlights some of the issues confronting employees, the Union and the Postal Service in the transition of workplace investigations from the Postal Inspection Service to the USPS Office of Inspector General.
Click here for a copy of the APWU-OIG Exchange of Correspondence
USPS Revises Standard Operating Procedures for Handling Hazardous Materials
(Feb. 23, 2006) The Postal Service has revised its Standard Operating Procedures for the Handling of Hazardous Materials. The new procedures are effective immediately and may not be altered in any way by local management. These procedures apply to acceptance, handling and transportation of mail containing or believed to contain hazardous materials, and provide detailed instructions for the actions that must be taken to minimize potential hazards during processing, distribution and transportation.
Previously Adopted Labor Management Resolutions Book Available
(Jan. 17, 2006) In preparation for contract negotiations, and to assist APWU locals and state organizations as they prepare for the national and state conventions, the Industrial Relations Department has compiled a book of Previously Adopted Labor Management Resolutions [pdf]. Delegates to state conventions can use this book to determine whether resolutions they are considering may have already been adopted and are therefore standing resolutions. Labor Management resolutions adopted by delegates to the national convention are used to guide the APWU's national negotiators as we prepare for contract negotiations.
Updated 2005 Joint Contract Interpretation Manual (JCIM) Now Available
(Dec. 20, 2005) The newly updated Joint Contract Interpretation Manual (JCIM) is now available. The 2005 JCIM update was agreed to by the parties on Nov. 30, 2005. The JCIM is intended to be a resource for the local administration of the National Agreement. Jointly prepared by the APWU and the USPS, the JCIM provides a mutually agreed to explanation of how to apply the contract to the issues addressed. When a dispute arises, the local parties should first go to the JCIM to determine whether the dispute is addressed and, if it is, the parties are required to resolve the dispute in accordance with this manual.
Click here for a copy of the 2005 JCIM
USPS Instructs Facilities Not to
By-Pass
Biohazard Detection Systems
On Their AFCS
(Dec. 14, 2005) The APWU recently became aware that postal facilities with the Biohazard Detection System (BDS) on their Advanced Facer-Canceler Systems (AFCS) machines have made local decisions to by-pass the AFCS and utilize alternate canceling equipment (such as a Micro Mark or NEC).
The APWU notified postal headquarters of this serious breach of security. In response, USPS headquarters issued a December 9, 2005 policy to all Managers and Operations Support (Area) instructing them to ensure that all stamped mail meeting the processing specifications for the AFCS be processed on the AFCS.
Click here for a copy of the Dec. 9, 2006 Memo
USPS Law Department Training Manuals For Supervisors
(Dec. 2, 2005) The USPS Law Department has a series of manuals for the training of supervisors. Topics include Accidents, Discipline for Misconduct, Duty to Provide Information, FMLA, and Reasonable Accommodation. These manuals are being made available to APWU stewards and officers to assist in the performance of their official duties. You will need a password to view these documents. If you are an APWU representative, you may request a password from your local president. If you are a local president in need of a password, please contact the Industrial Relations Department at 202-842-4273.
Avian (Bird) Flu Safety & Health Information
(Dec. 1, 2005) The Postal Service recently gave a Safety Talk about Avian (Bird) Flu. The Safety and Health page has been updated to provide additional information and to address concerns employees may have regarding protecting themselves. [read more]
Why is the Penalty Overtime Exclusion Period Only 28 Days?
(Dec. 1, 2005) Article 8 of the National Agreement states penalty overtime will not be paid for any hours worked in December. Why is the Penalty Overtime Exclusion Period 28 days instead of all 31 days in December? As the result a mutual agreement dated Nov. 14, 1985, the Penalty Overtime Exclusion Period consists of four consecutive service weeks.
Transition of Work from the Inspection Service
To the Office of Inspector
General
(Oct. 13, 2005) 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. An Oct. 12, 2005 APWU memo to state and local presidents provides details regarding the issues being pursued at the national level in regard to this transition.
Click here for a copy of the Oct. 12 Memo to State and Local Presidents.
Updated Contract Available
(Oct. 5, 2005) The 2000 Collective Bargaining Agreement has been reprinted and now includes both the 2003 and the 2005 contract extension agreements. Copies may be purchased online from the APWU Store or downloaded from the Collective Bargaining Agreements page.
Dispute Filed Over USPS Return-to-Work Requirements
(Oct. 5, 2005) The APWU has initiated a national-level grievance over the Postal Service's requirements for bargaining unit employees returning to work following an FMLA-covered absence. This dispute comes on the heels of the Postal Service's refusal to implement nationwide a federal district appeals court decision invalidating USPS return-to-work requirements on the grounds that they conflict with the Family and Medical Leave Act (FMLA). In a memo dated July 26, 2005, the Postal Service informed managers that it will only comply with the appeals court decision in the three states's subject to the court's jurisdiction. The Postal Service has also petitioned the appeals court for "reconsideration and rehearing" alleging that the three judge panel erred in its July 19, 2005 ruling.
Click here for a copy of the National Dispute and related correspondence.
2005 Guide to Local Negotiations Available
(Sept. 6, 2005) The Industrial Relations Department has produced a special edition of the Collective Bargaining Report (CBR) to aid locals in their preparation for local negotiations under the 2005 extension to the 2000 National Agreement. The CBR is being mailed to local presidents, but can also be downloaded here for those who can't wait. Note: local presidents will need their password to access this CBR.
Click here for a copy of the 2005 Guide to Local Negotiations
Memorandum of Understanding Re: 2005 Local Implementation
(Aug. 18, 2005) The APWU and the Postal Service have agreed to a memorandum of understanding [pdf] specifying the procedures to be used during 2005 local negotiations as provided for in the memo "Re: Article 30 - Local Implementation" that is part of the 2005-2006 contract extension agreement.
APWU Wins Landmark FMLA Ruling
(July 22, 2005) A federal appeals court has 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. The unanimous ruling by a federal appeals court invalidates key USPS regulations that require employees returning from approved FMLA leave of more than three weeks to submit detailed medical documentation or submit to a medical examination by a physician selected by the Postal Service.
Click here for an analysis and copy of the ruling.
APWU, USPS Sign Memo On Grievance Reviews, Scheduling
(June 14, 2005) The APWU and USPS signed a Memorandum of Understanding (MOU) dated June 13, 2005, updating procedures for reviewing grievances and scheduling arbitration hearings. The MOU requires management and the union to review all pending Step 3 grievances and appeals to arbitration, including cases that have been appealed directly from Step 2 to arbitration, in an effort to “improve the grievance/arbitration process” and reduce the backlog of grievances.
Burrus Book Now Available Online
(June 9, 2005) The Burrus Book – a collection of documents spanning more than two decades that includes national grievance settlements, memorandums of understanding, court decisions, and other documents addressing matters of contract interpretation – is now available in an online version. The documents in this online version are organized by subject matter according to the corresponding article of the Collective Bargaining Agreement and are fully searchable.
Click here to go to the Burrus Book.
APWU and USPS Agree to Joint Q&A on Application of Article 12
To Excessing
(May 26, 2005) The APWU and the Postal Service signed a document May 18, 2005 expressing our joint understanding of how to apply Article 12 of the contract to excessing issues. The Article 12 Questions and Answers [pdf] are provided as a resource for the local administration of the National Agreement.
If a dispute arises, the local parties should use the Article 12 Q&A’s in conjunction with the APWU/USPS Joint Contract Interpretation Manual (JCIM) to determine if the issue is addressed and resolve the dispute in accordance with the JCIM and the Q&A’s.
The Article 12 Q&A’s will be updated with additional material as necessary.
VOE Survey Raising New Concerns
(March 31, 2005) In several parts of the country, Postal Service managers are engaging in questionable practices when conducting Voice of the Employee (VOE) surveys. This memo to state and local presidents [pdf] contains documents from USPS headquarters that address some of the union's concerns, as well as other information which may be helpful in resolving local issues related to employee surveys and other "employee participation" programs.
APWU Opposes USPS Opinion Surveys
(Jan. 5, 2005) As we prepare for national contract negotiations later this year, APWU local leaders and members are urged to be extremely vigilant regarding Postal Service efforts to conduct employee opinion surveys. Bear in mind that responses provided to these surveys may well be used against APWU at the bargaining table.
The Postal Service mails “Voice of Employee” (VOE) surveys to all employees on at least an annual basis. In its most recent VOE Survey, the Postal Service revised its questionnaire to include numerous workplace-environment factors, such as technological advances, safety issues, and its own Transformation Plan.
The APWU is opposed to all forms of USPS Surveys. The union's policy, as adopted by the National Executive Board in 1998, is “that the union at every level (Local, State and National) opposes the use of all surveys, focus groups, polls, and audits as a means of interviewing employees and union officials to evaluate job-related and internal union issues.”
The union's stance is clear: The subjects of these surveys should be discussed in labor-management meetings where the concerns of all represented employees are considered.
The purpose of labor-management meetings is that employees speak in a united voice, so their message cannot be manipulated contrary to the interests of the membership and APWU.
Questions in opinion surveys are often designed to elicit a specific response or result. Surveys conducted by an employer are designed to circumvent bargaining with unions and are used in management's effort to reduce wages, hours, and benefits. Quite simply, this has been our experience with the Postal Service.
We feel the Postal Service has misrepresented previous employee-survey results during contract negotiations with claims that APWU-represented workers supported management's wage proposals.
Because the Postal Service is aware that participation in employee opinion surveys is voluntary, its managers can be very creative. There is only one way to ensure that you do not contribute to surveys that may adversely affect your livelihood: Simply refuse to participate.
Penalty Overtime Exclusion Period Set
(Dec. 1, 2004) There are four consecutive service weeks each year during which penalty overtime regulations do not apply. This four-week period is referenced in Article 8 (Sections 4 and 5) of the Collective Bargaining Agreement.
For this year, the time period during which the penalty overtime regulations are not applicable begins with Pay Period 26-2004, Week 2 (Dec. 4, 2004), and ends with Pay Period 01-2005, Week 1 (Dec. 31).
Sunday Premium Settlement Payment Due in Dec. 17 Paycheck
(Nov. 23, 2004) The APWU has been informed that payment to employees as a result of the “Sunday premium” settlement will be in the paychecks for pay period 26, to be distributed on Dec. 17, 2004.
The settlement provided that any employee whose regular schedule included a period of service, any part of which was within the period between midnight Saturday and midnight Sunday, including those employees on court leave, military leave or continuation of pay (COP), who was not paid Sunday premium for each hour of COP, military leave, and court leave during those periods of service from February 2000 through the present, as a result of disputed changes to the Employees and Labor Relations Manual (ELM) made in calendar year 2000, shall receive payment at the then-current rate for Sunday premium not paid.
In addition, where a discipline arbitration award or settlement included back pay, those employees entitled to Sunday premium payment are entitled to be paid Sunday premium with interest at the then-current interest rate.
The settlement required the Postal Service to rescind the disputed ELM changes and to restore the provisions and administrative practices that were previously in effect prior to the 2000 changes.
In addition, the Postal service was required to supply APWU local presidents and APWU Regional Coordinators with a list of affected employees. In the event there is a dispute over whether an employee is eligible for payment, the dispute will be referred to the parties at the national level.
Click here for a copy of the Sunday Premium Settlement
Parties Agree to Joint Contract Interpetation Manual
(Oct. 20, 2004) The 2004 Joint Contract Interpretation Manual (JCIM) was agreed to by the parties on June 10, 2004. The JCIM is intended to be a resource for the local administration of the National Agreement. Jointly prepared by the APWU and the USPS, the JCIM provides a mutually agreed to explanation of how to apply the contract to the issues addressed. When a dispute arises, the local parties should first go to the JCIM to determine whether the dispute is addressed and, if it is, the parties are required to resolve the dispute in accordance with this manual.
Click here for a copy of the JCIM
Memorandum of Understanding Reached On Pre-1998 Grievances Appealed to Step 4
(Aug. 18, 2004) The APWU and the Postal Service have agreed to a Memorandum of Understanding (MOU) regarding pre-1998 grievances referred or appealed to the national level. The MOU requires the parties at the national level to review pre-1998 grievances to determine whether there is an actual interpretive dispute between the parties, and if not, to have the grievances adjudicated based on their specific fact circumstances at the appropriate level (local or area/regional). The MOU is intended to apply the same principles to pre-1998 grievances that apply to post-1998 cases, i.e. that it is the parties at the national level that are responsible for identifying interpretive issues.
Click here for a copy of the MOU
Parties Agree to Extend Grievance Time Limits
During
APWU National Convention
(Aug. 16, 2004) The APWU reached an agreement with the Postal Service regarding time limit extensions for all grievances and appeals to arbitration during the weeks surrounding the APWU National Convention. The APWU requested the extension of time limits due to the APWU's National Convention taking place during the third and fourth weeks of August 2004. During this time period all national officers, and many local stewards and officers from around the country will be attending the National Convention and/or the pre-convention workshops and craft conferences in Los Angeles, California. We have made similar requests during previous national conventions.
