THE BULLETIN BOARD
July 2005
[July 27th]House Passes Postal Reform Bill, White House Demands Major Changes
( excerpted from APWU Web News Article #34-05, July 27, 2005)
The House of Representatives passed the Postal Accountability and Enhancement Act by a vote of 410-20 on July 26 and rejected three amendments that had been approved for consideration by the Rules Committee the day before. The voting lasted until after 9 p.m., and followed three hours of debate.
But a Statement of Administration Policy, released just hours before debate began, signaled that unless significant changes are made, President Bush will veto the bill.
"The House acted decisively yesterday to defeat three amendments that were hostile to postal workers and to the Postal Service," said APWU President William Burrus. "But the final chapter on this legislation has not yet been written. We must continue to be vigilant and work to protect the interests of postal workers, the Postal Service, and the American people as the legislative process goes forward."
The administration continues to insist on provisions that would reduce jobs, wages, benefits, and bargaining rights for postal workers," Burrus said. "Yet it has rejected the positive proposals— embraced by the entire postal community— to free postal funds from escrow and return military retirement funding to the Treasury, which would drain billions of dollars from the Postal Service for many years to come."
Get all the details in the full article at the APWU's national website.
[July 26th]PMAPWU Sends Representatives to 2005 Bulk Mail Center Conference
The annual Bulk Mail Center Conference takes place each year, allowing BMC representatives to discuss issues of special concern to BMC employees. The New York Metro Local, home of the New Jersey International BMC, hosted the conference this year, held on July 10 and 11, 2005.
Among the many topics discussed were equipment upgrades, staffing, jurisdictional issues, and the overall expected future of the BMCs. The tentative contract extension was discussed, with specific emphasis on BMC impact.
The 2005 host local, New York Metro, provided an eye-opening tour of their New Jersey BMC, which is about four times the size of ours here in Pittsburgh. On one evening of the trip, PMAPWU delegates got the chance to visit the Ground Zero Memorial, and view the awesome devastation of that tragic day.
[July 21st]APWU Wins Landmark FMLA Ruling
APWU News Bulletin #11-05, July 20, 2005, excerpted
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 the U.S. Court of Appeals for the Seventh Circuit invalidates key USPS regulations that require employees returning from approved FMLA leave of more than three weeks to submit detailed medical documentation– including diagnosis, prognosis, treatment and medication– and/or to submit to a medical examination by a physician selected by the Postal Service before it will allow them to return to work.
The court ruled that the Family and Medical Leave Act requires employers covered by the law to return employees to work after their approved FMLA leave upon a basic showing that they are able to perform their duties. This is done by presenting a statement to that effect from the employee’s own physician, the court concluded.
"The provisions of the FMLA simply require an employer to rely on the evaluation of the employee's own health-care provider," the court said. "[T]he return-to-work certification need not contain specific information regarding diagnosis, prognosis, treatment and medication."
The court also ruled that the Postal Service cannot enforce regulations that impose greater burdens on employees when they return to work than provided under the FMLA. The USPS provisions "impose a greater burden on the employee and therefore cannot be employed."
Read the full article at the APWU News Bulletins Page.
[July 20th]Make Sure To Participate in Contract Extension Ballot
The ballots for the referendum on the tentative contract extension were mailed to members July 18 to July 20. They will be picked up by the outside mailing-house on Friday, Aug. 5. The count will take place immediately, with nationwide results on the single-question ballot likely to be released that evening on the National APWU Web site.
If you have not received a ballot by July 25, contact APWU headquarters at 202-842-8505 and request a duplicate (you may request via fax at 202-216-2650). Provide your name, address, craft, and Social Security number or employee identification number.
"Regardless of your opinion on the tentative contract extension, we hope that you will vote on this important matter," says APWU President William Burrus. "Please encourage your co-workers to participate in the balloting as well."
[July 4th]Happy Independence Day!
Have a safe, happy, and exciting Fourth Of July celebration!
[July 1st]Highlights of the Tentative Agreement on Contract Extension
APWU News Bulletin #08-05, excerpted
The contract extension preserves the terms of the current Collective Bargaining Agreement (Nov. 21, 2000-Nov. 20, 2005), with the following modifications:
Salary Increases, COLAs
A 1.6 percent wage increase will take effect March 18, 2006, based on the wages in effect following the September 2005 cost-of-living increase. This percentage increase exceeds the 1.3 percent that will be granted to other postal unions in November. Because it is based on the higher wages of September 2005, the dollar value is enhanced.
Wage increases at the same percent and under the same terms will be granted to Transitional Employees (TEs).
Cost-of-living adjustments (COLAs) will be granted in March and September 2006. The contract extension will enable members to enjoy the full benefit of the six-month COLA increase that accrues between August 2005 (after the final measuring period of the current agreement) and January 2006. Typically, when a contract is negotiated, the COLA base measuring period is moved, and three months worth of COLA is lost. When contracts are arbitrated, usually at least one cost-of-living adjustment is lost entirely.
The estimated annual values of the increases are expected to be as follows:
March 2006 COLA: Approximately $208
March 2006 1.6 percent increase for a Level 5, Step O, employee: Approximately $728
September 2006 COLA: Approximately $437
"I believe this is an outstanding agreement that will serve the members of the American Postal Workers Union and the American public," Burrus said.
The extension proposal will be presented to the Rank and File Bargaining Advisory Committee when it meets in Washington on July 6. After studying details of the tentative extension agreement, the committee will decide whether to send it to the full APWU membership for a ratification vote.
The proposed agreement would extend the Collective Bargaining Agreement to Nov. 20, 2006. If an extension is not ratified, full-scale negotiations will begin August 29, 2005.
Upgrades
Effective March 18, 2006, pay levels for the following duty assignments will be upgraded one level:
CLERK CRAFT: Air Records Processor, PS-5; TACS Time and Attendance Clerk, PS-5; Bulk Mail Clerk, PS-5; Ramp Clerk AMF, PS-6;
MAINTENANCE CRAFT: Maintenance Mechanic, PS-5; Welder, PS-6; Carpenter, PS-6; Letter Box Mechanic, PS-6; Maintenance Electrician, PS-6; Painter, PS-6; Plumber, PS-6;
MOTOR VEHICLE SERVICES CRAFT: Automotive Painter, PS-6; Vehicle Operations Assistant, Bulk Mails, PS-6; Body and Fender Repairman, PS-7.
The upgrades will be based on a step-to-step upgrade, including credit for waiting period time already served. As Maintenance Mechanic, PS-4, positions become vacant, if the Postal Service fills the vacancies, they will be as Maintenance Mechanic, PS-5, positions.
Other Provisions
- No-layoff protection will be extended to all career employees who were on the rolls as of Nov. 20, 2000, for an additional year.
- Transfer requests by employees from "impacted installations" (where employees will be excessed from the craft or installation) will be given priority consideration.
- A minimum of 18 Modified Work Week pilot programs will be established during the term of the extension.
- Employees will be granted an additional opportunity to be declared a successful bidder during the extension.
- Uniform and work clothes allowances will be increased.
- The memorandum of understanding that provides career opportunities to TEs will be extended.
- To resolve an outstanding dispute, USPS will seek OPM authority to grant early retirement opportunities to eligible employees whose names were provided by the union between Jan. 9, 2004, and June 1, 2005.
- The USPS will increase the maximum number of voluntary payroll allotments (from two to three).
- The USPS will provide information to the APWU at the national level regarding consolidation of installations.
Retail Sales Assistants
No agreement was reached regarding the establishment of Retail Sales Assistant positions at grocery stores, malls, and other venues that are easily accessible to the public. The concept of allowing retired postal workers to fill such positions while collecting their retirement annuities was rejected by OPM. Discussions with the Postal Service continue.
IT/ASC & OS Agreements
Under the tentative proposal, employees covered by the IT/ASC and OS Agreements will receive the same wage increases and cost-of-living adjustments as the employees covered by the main agreement. An additional voluntary payroll allotment will be granted to these employees as well.
The IT/ASC tentative agreement provides for a one-level upgrade of the Computer Systems Analyst/Programmer, Level 18, position. It also extends until Jan. 20, 2007, the IT Casuals Memorandum of Understanding, which governs the number of skilled casuals and provides training opportunities for APWU members.
The tentative extension agreement for Operating Services employees extends their protection against layoffs and increases uniform and work clothes allowances.
[July 1st]APWU, Postal Service Announce Tentative Agreement on Contract Extension
REPOSTED: APWU News Bulletin #08-05
The APWU and USPS signed a Memorandum of Understanding (MOU) on June 13, 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. The goal of the memo is to "improve the grievance/arbitration process" and reduce the backlog of grievances.
The MOU extends and supersedes an agreement signed two years ago, but the earlier agreement did not provide for a review of cases that were appealed to arbitration from Step 2. The memo, signed by APWU President William Burrus and the USPS Vice President for Labor Relations, takes effect immediately.
When the original agreement was signed Feb. 21, 2003, more than 98,000 grievances were awaiting hearings in arbitration or at Step 3 of the grievance procedure. There are now approximately 36,000— a reduction of 62,000 over the past two-and-a-half years.
"We are making significant progress," Burrus said, "but I will not be satisfied until the procedure provides a final response to employee grievances in a timely fashion."
[July 1st]**REMINDER** Elimination of the TSP Open Seasons: July 1, 2005
Public Law 108-469, which was signed into law on December 21, 2004, eliminates the Thrift Savings Plan open seasons and the restrictions on contribution elections which are tied to open seasons. The Federal Retirement Thrift Investment Board will implement this law on July 1, 2005.
After the close of the current TSP open season (December 31, 2004), there will be one more open season, April 15 through June 30, 2005. This means that participants may file contribution elections with their agencies or uniformed services at any time beginning April 15. Through June 30, these elections will be processed under the current rules. Beginning July 1, contribution elections will be processed under the new rules— that is, the elections must be made effective no later than the first full pay period after they are filed.
Participants must continue to file contribution elections with their agencies or services, and the agencies and services must continue to implement the elections by deducting contributions from participants' pay and reporting these amounts to the Thrift Savings Plan each pay period.
The law does not affect the waiting period new employees covered by the Federal Employees' Retirement System must serve before they become eligible for agency contributions to their accounts. In addition, the law does not affect contribution allocations or interfund transfers, which can be made at any time by using this Web site or the ThriftLine or by submitting an Investment Allocation form to the TSP.
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