Election of National Officers
By John A. Ancona, President
A special Executive Board meeting was called on July 23, 2010, to decide whom the Denver Metro Area Local would support in the upcoming National Election. After much debate and discussion, it was decided that all the candidates were qualified for their positions. Everything had to be taken into account. Some of the things that your Executive Board discussed was experience, knowledge, how long they served the union and how much longer they will be with the Postal Service. After careful consideration and debate, we the Executive Board, recommend the following candidates:
President | Cliff Guffy |
Executive Vice-President | Greg Bell |
Organization Director | Mark Dimondstein |
Health Plan Director | Terry Finnerty |
Clerk Division | Rob Strunk |
Motor Vehicle Division | Robert Pritchard |
Motor Vehicle Asst. Director | Michael Foster |
N.B.A. Western Region (Denver Region 8) | Stella “Joann” Gerhart |
N.B.A. Western Region– MVS | Bruce Bailey |
Human Relations
By Phil Desautels, Human Relations Director
Recently, a member in Estes Park asked me about using military service towards retirement annuity if you are collecting a payment from the Veterans Administration for a service connected disability.
If you are a veteran, and want to use your military service towards retirement, you can go to opm.gov and look at OPM Handbooks CO22, and CO23.
Below is a condensed version of general rules for CSRS and FERS:
CSRS
An employee subject to CSRS (including CSRS Offset), may make a deposit to his/her employing agency for any full period of military service prior to separation from service. If the employee delays making the military deposit until he or she separates for retirement, the deposit must be made, in full, to the employing agency before OPM completes adjudication of the annuity. The agency should inform the employee that final adjudication of his or her annuity will be delayed. CSRS also has rules for post 1956 military service and covered by CSRS before October 1, 1982, which states that the employee must make a military deposit before age 62 to get that creditable service. CSRS military retired employees must also waive their military retirement benefits in order to receive a higher CSRS annuity. Finally, CSRS also has deposit refund procedures in certain situations.
Under CSRS, military retirement rules also apply to employees who receive a disability payment for injuries incurred in combat.
FERS
An employee subject to FERS may make a deposit for any full period of military service prior to separation from service. If the employee delays making the military deposit until retirement, then the deposit must be paid in full at retirement to receive credit. FERS has no catch 62 clause. FERS has no requirement to waive military retirement. Finally, FERS deposits can be refunded under certain situations.
Please feel free to contact me for further information about Veterans Benefits at 303-365-1524 ext. 17.
Overtime in Automation on Tour 3
By Bobby Rollins, Executive Vice-President
It appears that there has been some confusion with the way overtime has been called recently on Tour 3 in Automation. I would like to take this opportunity to explain the application of the contract in regards to these overtime issues.
The GMF has an OTDL that affords you the opportunity of volunteering for either full-tour overtime, before and after-tour overtime, as well as an option for 10 or 12 hours. The issue at hand is that management feels they can make a four hour after tour call on the 12 hour volunteers and completely by-pass the 10 hour volunteers. The following applies:
1. Management must call two hours of overtime on all available volunteers in the section before calling penalty on the 12 hour volunteers. They are not able to go directly to the 12 hour volunteers saying they need them to stay four hours and by-pass the 10 hour volunteers completely. If they were to call overtime in this manner and cancelled the penalty overtime at some point then the ten hour volunteers would have a grievance for being by-passed that day. All volunteers must be given an opportunity to work 10 hours first!
2. At the point all 10 hour volunteers in-section are working overtime and the need arises for penalty overtime, then management must go by rotation starting with the next available 12 hour volunteer. If management exhausts all 12 hour volunteers and they still have a need for more manpower then they can go to the 10 hour volunteers by junior person first and require them to stay 12 hours as well.
There is an Article 8 Memorandum of Understanding that reads as follows:
Normally, employees on the overtime desired list who don’t want to work more than 10 hours a day or 56 hours a week shall not be required to do so as long as employees who do want to work more than 10 hours a day or 56 hours a week are available to do the needed work without exceeding the 12 hour and 60 hour limitation.
The following is also an excerpt from the JCIM entitled “Work Hour Limitations” and the first paragraph also explains the 10 versus 12 hour issue:
Article 8.5.G. provides that employees on the overtime desired list may be required to work up to twelve hours per day and sixty hours per week. Normally, employees on the overtime desired list who don’t want to work more than ten hours a day or fifty-six hours a week shall not be required to do so. An asterisk may be used on the overtime desired list to distinguish between those who wish to work more than ten hours and those who do not. However, employees who have elected the ten, fifty-six hour option, must work overtime (up to twelve or sixty hours), prior to requiring a full-time employee not on the overtime list to work overtime.
The language refers to an asterisk being used on the overtime desired list to distinguish between those who wish to work more than 10 hours and those who do not, we have actually gone a step further in Denver by having actual 10 hour and 12 hour columns.
Arbitrator Issues Decision in Dispute Over Two-Tour Initiative
By Greg Bell, National Director of Industrial Relations
(07/20/10) Arbitrator Das denied the union’s grievance challenging the Postal Service’s two-tour initiative. Das accepted the Postal Service’s argument that “Article 3 of the National Agreement grants the Postal Service the authority to unilaterally adopt and implement the…initiatives at issue, without further bargaining with the Union.” He cited language in Article 3 that states the Postal Service “shall have the exclusive right to assign …employees, to maintain the efficiency of the operations entrusted to it and to determine the methods, means, and personnel by which such operations are to be conducted.” Das also cited a 1977 national award in which Arbitrator Garrett stated that the Postal Service isn’t obligated “to engage in ‘collective bargaining’ as to whether or how it should exercise its authority under Article III of the National Agreement.” In addition, he referred to a 1973 national award in which Arbitrator Gamser stated that the right to change tour complements “appear(s) (to be) specifically reserved to Management under Article III of the Agreement as well as dictated in enabling legislation, Section 1001 of the Postal Reorganization Act.”
When You Think it is Weak, Is When it is at its Strongest!!!
By Paul Pearman, Director of Industrial Relations
For years all postal installations have experienced changes in reassignment within sections/installations. In this situation, many have lost their days off, different report times, changed to another tour, etc., but always remained within their home postal facility. Some of you have experienced these changes numerous times. When these management driven operational changes were to occur, the Union ensured they were done within the bounds of our Collective Bargaining Agreement (Article 12.5.C.4 Reassignment Within an Installation of Employees Excess to the Needs of a Section).
It is no secret mail volumes are pathetically low, management is or has already pulled automation machines from facilities, causing those facilities now to be over-staffed and excessing outside the facility is the only choices available. This is a different type of excessing than we have ever dealt with; different rules apply to adjust these employee complements (Article 12.5.C.5 Reduction in the Number of Employees in an Installation Other Than by Attrition). In this form of excessing, employees are being excessed out of their facility and being placed into other postal facilities as far away as 100 miles. This on appearance seems unacceptable! But then, this is where the true strength of our Collective Bargaining Agreement flexes its muscle! It allows us as APWU represented employees a choice. While to some these options may not seem or feel right, they do however serve to lessen the impact on those we represent, especially when you think of the alternatives…that most other workplaces achieve adjustments to their employee complements through lay-offs. The APWU’s Article 6 protection (No Lay-Offs or Reduction in Force) against lay-offs means that the only method of complement reduction is through Article 12 excessing.
When management makes operational decisions to excess, this union will ensure the compliance of the National Agreement to keep dislocation and inconvenience to a minimum!
Boulder Area Labor Council Participates In
The Louisville Labor Day Parade!
By Tina Desautels, Political Director
The Boulder Area Labor Council will be participating in the Louisville Labor Day Parade!! Come walk with us and celebrate LABOR! We will be meeting at the old Safeway parking lot on South Boulder Road and Main Street at 8:30 AM. After the parade, we will be having a cookout at 801 W. Lucerne Drive in Lafayette. Enjoy beer, food and a chance to meet with Congressman Jared Polis. Be there by 12:30 PM. If you have any questions, please contact Tina Desautels at 303-365-1524 ext. 437.
MVS Updates
By Robert Helmig, Director Motor Vehicle
Many rumors are going around regarding the Memorandum of Understanding that President Burrus signed last year and it applying to Phoenix (the MOU that would allow for split shifts and allow us to work in other crafts to get our eight hours).
I spoke to their MVS Craft Director Steve Auerbach last week and it is true that Phoenix has been identified to be placed in the MOU. Phoenix has a tough decision to make, go into the MOU or get contracted out. I am aware of one, Columbus, Ohio. I also think San Antonio did not want to go into the MOU, Columbus then came back and said yes, they would go into the MOU and management still contracted them out. Now, some of the things that are in the proposal that Steve told me about are; more split days off and a few runs with a one hour lunch. The reason we need to pay attention to this is because Phoenix is in our backyard, they are in the western area and they are our sister local. We may very well be next! Scan your trip, in and out. Fill out your tractor log daily!!
Remember
Ø The DMAL union hall will be closed on September 6th in honor of Labor Day.
Ø The next General Membership Meeting will be on September 25, 2010.
/jd
opeiu #5
afl-cio
