by Gary Scott, President

The Denver Metro Area Local APWU and Englewood management have announced the pending excessing of clerks from the craft/installation. Stand-ups have now been conducted at all four facilities in the Englewood installation. I am sad to announce that eight of our Clerk Craft members will no longer reside in the Clerk Craft in Englewood. Article 12 of our Collective Bargaining Agreement requires a sequential process for involuntarily reassigning employees out of craft and/or installation. The first step requires excessed clerks to be reassigned into other crafts within the installation. The other crafts within the installation must have residual vacancies in order for clerks to be involuntarily reassigned. If that is not possible, excessed clerks will be involuntarily reassigned into available clerk residual assignments in other installations, within a 50 mile radius of the losing office. The third step requires the excessed clerks to be involuntarily reassigned into other craft residual duty assignments in other installations.

The DMAL will get the opportunity to challenge improper excessing. A comparative work hour report can be requested 60 days after the effective date to verify daily work hours have been reduced. If the reassignments are not warranted, retreat rights of excessed clerks must be activated.

On Sunday, June 28^th, a Special Membership Meeting was held at the DMAL union hall. This special meeting was scheduled to better educate the membership on the National Reassessment Program.  In addition, the members had an opportunity to get answers to any questions they may have concerning this process. A total of 37 DMAL members attended. In attendance were Executive Vice-President Sonda Goss, Director Clerk Craft Brian Thomason, Director MVS Craft Robert Helmig and Recording Secretary Gail Kirby. The attendance at this meeting was indicative of the stress, concern and anxiety the membership is experiencing as a result of the Postal Service’s intent to aggressively manage Workers Compensation, especially the Outplacement Rehabilitation Program. A number of questions were asked that leads me to believe there is not a good understanding about what this process is all about, even with the communication that has been occurring since 2007. DMAL Human Relations Director Phil Desautels and I will be meeting soon to debrief and schedule the next meeting. It is believed the next special meeting will occur during a weekday, since the first meeting was held on a Sunday.

Recently the USPS implemented “pilots”, where HQ managers come in to accelerate “no work available” determinations and send employees home after a few, if any, hours of work are performed. The injured workers are then issued a CA-7 (wage loss claim) and told to come back the next day, only to be sent home again. Eventually some members will be placed in the Outplacement Program.

We are preparing for that time when our injured members are put out of work and the appeal procedures will be made available to them. In addition to the grievance appeal system, EEO and the MSPB (Merit Systems Protection Board) will help us to assist impacted members to remain gainfully employed and remain dues paying members.

Management is using the economy as the reason for their accelerated project. The union carries the burden to prove that work is available and that an employee’s restriction does not prevent that employee from performing such work. Managements’ obligations are clear as stated in the ELM and the EL505 when an employee has partially overcome an injury or disability. The operative phrase is “adequate work” within the employee’s work limitation tolerance, NOT the NRP’s new definition they call “necessary work”.

It was explained to the members present at the meeting that the National APWU has initiated five disputes concerning the NRP process. They are: 

·         APWU’s opinion is that the Postal Service’s policy of placing employees into assignments which have been determined only as necessary or productive, violates the CBA. The referenced language in the CBA does not require that assignments consist of necessary tasks. It only requires that the assignment be medically suitable.

·         The second dispute the APWU has initiated concerns management’s belief they only have to find medically suitable work within a local commuting area (50 miles). There is no language which limits such assignments to the local commuting area (LCA).

·         A third dispute is the Postal Service position that if an employee on the rolls of OWCP is placed in non-postal employment as a result of participating in the OWCP Vocational Rehab Program, the Postal Service will initiate a Separation Disability in accordance with Section 549.5 of the ELM. The APWU contends the ELM does not permit initiation of a Disability Separation if an employee has not been in continuous LWOP for one year.

·         The fourth dispute regards the APWU position that when two or more employees are being considered for reassignment or reemployment during the same time, the Postal Service must conduct the interactive evaluation and job offer process in order of seniority, NOT by date of acceptance of claim by OWCP, which is what the NRP Process is currently doing.

·         The last APWU dispute argues that if there is no medically suitable work available and the service is referring an employee to OWCP for placement, that action meets the definition of a lay-off and they must comply with the language of Article 6.

The National Association of Letter Carriers (NALC) filed their own disputes at national and a pre-arbitration decision was reached last week. That settlement did nothing to settle our disputes and preparations are underway to seek the remedy of preference for the APWU membership.

by Gary Scott, President

I reported to the membership earlier this month that the DMAL is recommending to the membership to not use the APWU FMLA forms until further notice. We have been in discussions with management and we are encouraged that we will be able to reach an agreement soon, but our recommendation still stands to refrain from using the APWU FMLA forms until we conclude those discussions. To be clear, the National APWU does not agree with our recommendation. I have received communication from our leaders in Washington, DC who were shocked and surprised by our announcement to the membership to avoid the use of these forms. Headquarters is accurate in pointing out to me that the USPS does not have the right to reject our forms nor do they have the right to require the use of WH380 (Department of Labor’s FMLA form), but  they do have the right to receive information required by law and that information can be in any format. We don’t need the United States Postal Service’s permission to use our forms, however, I am not convinced we have developed materials (APWU FMLA form #1 and form #2) that meet the requirements of the law. I was pleased to hear from headquarters that the Department of Labor has been made aware of the US Postal Service’s intimidation tactics and hopefully we will prevail in pending litigation. In the meantime, until the DMAL is convinced that our membership isn’t being used as guinea pigs to “test” the law, we will not change our recommendation.

by Gary Scott, President

On June 23^rd the DMAL Scholarship Committee met at DMAL headquarters to announce the winners of our 2009 Moe Biller Scholarship awards. The committee, consisting of three retired DMAL members, John Kelly, Jim Deden and Ron Gorman, again showed up excited and eager to discuss this years’ applicants. To protect the integrity of the award process, all decisions of the Scholarship Selection Committee are final and not subject to review by the DMAL Executive Board, or by the membership at a union meeting (rule #16). 

Based on their review of the rules and the content of each application, the following awards were made. Two first place awards were issued; one to Charles Garcia Jr. and the other to Patricia Jaramillo. Charles, son of member Charles Garcia Sr. and Patricia, member of the Maintenance Craft, will each receive $750. 

The second place awards go to Aidan Thomas and Erica Zeiler. Aidan, son of Estes Park member Lynn Thomas and Erica, daughter of GMF member Joyce Gonzales, will each receive checks in the amount of $500.

I want to thank all the applicants, the Scholarship Committee and the membership for the dedication and commitment to such a worthwhile cause. In these days of cost cutting, the Moe Biller Scholarship program escaped the list of cuts needed to keep our local fiscally viable. Investing in our future always comes with rewards and knowing that members and our families are educating themselves on topics that pertain to how organized labor has affected working conditions in the United States, can only help to pursue the future of the working families agenda.

FERS Sick Leave Credit Bill Still Alive

by Phil Desautels, Director Human Relations

On June 25, 2009, the House approved HR 2990 (Disabled Military Retiree Relief Act of 2009), that includes FERS Sick Leave Credit. HR 2990 would provide that federal employees receive credit for unused sick leave when determining annuity if they have not been paid for those days. The bill also permits FERS employees who return to service and redeposit their annuities to receive credit for past years of service. Call your Representatives and Senator and urge them to support  HR 2990.

by Gary Scott, President

At the June 24, 2009 Membership Meeting, $62  was raised by the members in attendance to be sent to our COPA fund, $44 was raised for the Fisher House and $3706 was raised from the June COPA drawing for a 42 inch Plasma TV and a Blu Ray DVD player. Many thanks to our COPA Committee, chaired by Political Director Tina Desautels, for all the hard work they continue to do. First prize winner of the 42 inch Plasma TV was Boogie Whitfield and second prize winner of the Blue Ray DVD player was Steve Evans. Come and get involved in the business of your union! 

by Gary Scott, President

On June 17, 2009, DMAL Associate Editor Deanna Tesone and husband Dan Tesone became the proud parents of twin boys, Aiden and Ethan. Both boys and Mom are resting comfortably (Mom probably not as much as the boys) and all is well at the Tesone home. The DMAL family has been waiting anxiously for the arrival as we don’t get to experience this type of excitement much anymore, but it sure is fun when it happens. We hope to have pictures up on the website soon for the world to see.

by Phil Desautels, Director Human Relations

Recently, House GOP leaders John Boehner (R-OH) and Minority Whip Eric Cantor (R-VA) sent President Obama a budget proposal outlining approximately $375 billion in cuts over the next five years. Among the proposed reductions was changing the formula for calculating CSRS annuities from the high three salary years to the high five salary years. They also recommended that no retirements would be available to FERS employees until they reach age 62. The total cost of these savings would be 2.5 billion dollars over the next five years.

By all indications, these proposals are not receiving support in a bipartisan way. Even so, please contact your Representatives and Senators, and urge them to oppose these proposals.

by Phil Desautels, Director Human Relations

As some of you know, the Denver Metro Area Local has a partnership with the AFL-CIO’s Labor Community Agency. The LCA administers our Emergency Assistance Fund. This fund will pay electric bills, water bills, and other obligations that you may have when out of work for at least 60 days in an LWOP status, and you have received cutoff notices. The LCA who is the social services arm of the AFL-CIO can provide further assistance for those who qualify.

Another avenue that can assist union members when financial troubles hit is the Disability Grant provided by the Union Plus credit card. The Union Plus Disability Grant program is a $3.7 million fund administered by Union Privilege, which brings member benefits to members of AFL-CIO unions. Union Privilege and HSBC, the company providing the credit card program, established the fund. The Union Plus Disability Grants, which were launched in May 2005, have already provided more than $260,000 to over 175 Union Plus Credit Cardholders. Some 2 million union members carry the union-endorsed Union Plus Credit Card, making it the largest membership credit card program in the world. To qualify for a disability grant, the union member cardholder must:

·         Have a Union Plus Credit Card account for at least 12 months and it must be in good standing.

·         Have experienced a significant loss of household income with the past 12 months, caused by personal illness/disability that has kept him/her out of work for at least 90 days, or the illness/disability of the joint cardholder or authorized-user, which has kept him/her out of work for at least 90 days.

·         Verify the income loss, date of illness/disability income, physician’s statements or work status reports.