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Industrial Relations Web Articles Archive
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.
