Contract Ratification Update
by Dennis Enderson, President
We have received numerous reports that Denver Metro APWU members had not yet received their contract ratification ballots. Undoubtedly this is related to delayed mail caused by recent snowstorm activity. Fortunately, the national APWU Rank and File Bargaining Committee has decided to extend the deadline until Friday, January 12, 2007 from the original date of Tuesday, January 9, 2007.
Ballots for the contract ratification vote must be received in the New York office of the American Arbitration Association by 9:00 AM on Friday, January 12, 2007. If you have not received a ballot, contact the American Arbitration Association at 800-529-5218 to request a duplicate. You will be asked to provide the
first four digits of your Social Security number, along with your craft and mailing address, in order to receive a duplicate ballot. Due to a computer programming error, the American Arbitration Association can verify records only by using the first four digits of an employee’s Social Security number. You also may request a ballot via e-mail to
apwu@adr.org.
Nominations for Election of
Officers to be taken at January Meeting
by Deanna Tesone, Election Committee Chair
Nominations for the Election of Officers will be taken orally at the January 27, 2007 DMAL General Membership Meeting. When a member is unable to attend a nomination meeting due to a work schedule conflict or any other good cause stated and approved by the Executive Board, nominations may be made in a petition containing a clear statement of the nomination and the signature of the nominator. Such nominations must be received at the Union office no later than 5:00 PM on January 26, 2007.
In order to be eligible to hold an elected office a member must have been in good standing for at least 12 consecutive months prior to the time of nomination. The member must also have attended three regular union meetings during this 12 month period. Any postal employee eligible to be a member of the APWU who voluntarily holds (certified or in an acting basis) a managerial, supervisory or EAS position with responsibility for issuing or recommending discipline, or applying or interpreting the National Agreement for the equivalent of one pay period in a year shall be ineligible to hold office at any level of the APWU so long as the employee continues to serve in such position and for a period of one year from the time the employee vacates such position.
To be an eligible candidate for a craft position the candidate must be a member of that craft. No member shall be eligible to run for, or to hold more than one elective office at any one time. If a nominee does not accept or decline a nomination during the meeting, the Election Committee shall make reasonable efforts to determine the nominee’s wishes. If a nominee fails to give specific notice to the Election Committee within 72 hours of the close of the nomination meeting, it shall be presumed that the member declines all nominations. Ballots will be mailed to all eligible members to their address of record as of January 31, 2007. Therefore, please make sure that the Office Manager has your CURRENT ADDRESS by January 31, 2007. Please contact the Election Committee with any questions you may have at extension 337.
Snowstorm Issues
by Dennis Enderson, President
The year of 2006 certainly ended with a “bang”. We had two major snowstorms within a week, followed closely by the declaration of a “Day of Observance” in honor of former President Gerald Ford. The first snowstorm began on Wednesday, December 20, 2006. By midday, postal facilities were closing, and most employees were sent home. On the morning of Thursday, December 21, 2006, snow was still falling and the Denver metro area was still almost completely shut down. By the morning of Friday, December 22, 2006, the snow had stopped falling and the area began to dig out. For the record, management throughout the Denver District agreed in advance that Tour 2 employees who reported to work on Wednesday, December 20, 2006 would receive administrative leave for the remainder of their Tours that day, and that employees on Tours 3 and 1 later that day would also receive administrative leave if they called in due to the snowstorm. Management also agreed to pay administrative leave to Tour 2 employees who called in due to the storm on Thursday, December 21, 2006, but not yet for employees on Tours 3 and 1 later that day, nor for anyone who called in on Friday, December 22, 2006.
The second snowstorm began on Thursday, December 28, 2006 and continued into the morning of Friday, December 29, 2006. This time, there was significantly less snowfall and a much more concerted effort by government officials to keep roadways clear. (However, many roads were still covered with uncleared snow from the earlier storm.) The Denver Metro Area Local APWU has obtained a 30 day extension for possible grievances on both storms. We are also engaged in ongoing discussions with high level management officials concerning possible additional payments of administrative leave for impacted employees. We are collecting extensive data in effort to fully assess the prospects of filing grievances. Please remember that administrative leave for “Acts of God” is not automatic. It is a judgment call based upon highly subjective factors. Management’s goal is to minimize such payments as much as possible. Our goal is to achieve justice and ensure that our contractual rights are honored to the maximum possible extent.
Please also understand that there is no such thing as an individual “Act of God”. To prevail in a grievance, the union must prove that a widespread calamity occurred that affected large numbers of employees over an extended geographic area. It is highly probable that a good number of employees may have been impacted by the storms over a longer period of time than will be covered by any future payments of administrative leave. A line will eventually have to be drawn somewhere, and we know from experience that some employees will be disappointed. Please understand that we are bound in our efforts by what is achievable under our contract.
I have assigned Director of Industrial Relations Paul Pearman to serve as coordinator and case manager for issues arising out of the snowstorms. Paul will handle any grievances arising out of Denver Processing and Distribution, and will work closely with our Chief Stewards and Field Coordinators, who will handle any grievances arising from Associate Offices or Denver Stations and Branches. At present, we are collecting data and assessing our prospects for both storms. We will keep you informed of our progress.
President Bush
Signs New Postal Reform Law
USPS Press Release dated December 20, 2006
First major change to the Postal Service since 1971
President George W. Bush today signed into law new postal legislation that will benefit both residential and business customers by ensuring predictable price increases tied to the rate of inflation. The Postal Accountability and Enhancement Act is the first major change to the Postal Service since 1971. The law enables the organization to continue its transformation efforts and cost-cutting measures. This is the culmination of a 12-year effort by Congress to secure changes to the laws governing the Postal Service. It will link future rate increases to the Consumer Price Index and give the Postal Service more flexibility for pricing competitive products. The Act also reconstitutes the existing Postal Rate Commission into a regulatory body with greater authority and responsibility. The current rate case under consideration will proceed as scheduled. The Postal Service will be able to file one last rate case under the current rules. The new law directs the Department of the Treasury to resume the funding of military pensions for postal employees and abolishes a federally mandated escrow requirement direction those monies to pre-fund retiree health benefits.
Rate Commission
Assails USPS Consolidation Plan
APWU News Bulletin #15-2006, Dec. 22, 2006
In a blistering criticism of the Postal Service’s Evolutionary Network Development strategy, the Postal Rate Commission concluded that the “record does not provide assurance that the proposed realignment program will meet its declared goals. In particular, the record reflects flawed or absent information on certain crucial aspects of the Postal Service’s plan for realignment.” In a report dated Dec. 19, the independent panel said, “The Commission advises postal management to address and remedy questionable data choices and assumptions before proceeding to completion of the design of the new mail processing network.”
Recent Area Mail Processing studies, the report said, “do not comport with applicable guidelines. They do not reflect systematic, consistent, or replicable projections of costs; they provide limited review of service impacts; and they utilize no discernible standards for evaluating or balancing cost and service impacts. Furthermore, required post-implementation reviews have not been done.” The report repeatedly quoted the APWU, which intervened in the review process because of the negative impact proposed consolidations would have on service. The APWU was the only union to participate.
“The record indicates that procedures for assuring significant public participation in the process of network reconfiguration have, thus far, been insufficient,” the report concluded. “Decisions regarding current and planned postal facilities can be expected to affect mail users, postal employees, and the communities in which facilities are or may be located.” By limiting its “inquiry into the statutory adequacy of public involvement in this initiative [to] satisfying technical filing requirements with the Commission,” the report concluded, the Postal Service “misreads its obligation as a public establishment that provides essential services to the nation.” The report was initiated by a request filed by the USPS on Feb. 14, 2006. As required under the Postal Reorganization Act, the PRC must review any plan to realign mail processing and transportation networks that is likely to have a “substantially nationwide” impact on service.
APWU Files Suit on Jurisdictional Disputes
APWU Web News Article #01-07, January 5, 2007
The APWU has filed a lawsuit in U.S. District Court, charging that the National Postal Mail Handlers Union and U.S. Postal Service have violated a national-level three-party agreement that establishes procedures for resolving disputes over work assignments. The memorandum, signed on April 16, 1992, outlines methods for the unions to challenge USPS work assignments they consider improper, and requires the parties to appoint a national-level arbitrator to resolve the disputes they are unable to settle. The agreement also requires the parties to meet frequently enough to render timely decisions, and to schedule arbitration hearings for unresolved cases.
In the 15 years since the agreement was signed, however, only two national arbitration awards have been issued. Five years elapsed before Arbitrator Dana Eishen was appointed in 1997, and he issued only one ruling before his term expired. It was not until 2003 that Eishen was replaced by Arbitrator Joseph Sharnoff, who issued a single ruling in 2006, after his term expired. Although the parties agreed to reappoint Sharnoff on June 28, 2006, the suit notes, the Mail Handlers Union (MHU) has refused to finalize the appointment.
APWU President William Burrus said the lawsuit was “absolutely necessary.” The suit, filed Jan. 5 in District Court for the District of Columbia, seeks “injunctive relief.” It asks the court to find that the MHU is in breach of the 1992 agreement, and to order it to schedule “forthwith” arbitration hearings of the disputes over the assignment of work on the APPS (Automated Package Processing System) and in the Priority Mail Processing Centers (PMPCs).
Water Pipes
by Rick Romero, Denver Metro APWU Safety & Health Representative
Frozen water pipes aren’t life threatening, however frozen or broken water pipes do cause damage to homes each winter. If pipes in the walls aren’t properly insulated, they can freeze and rupture. (An eighth-of-an inch crack in a pipe can release up to 250 gallons of water a day, soaking floors, rugs, and furniture.) To prevent the mess and aggravation frozen pipes cause, protect your home or apartment by following the simple steps below.
Before Cold Weather: Locate and insulate pipes most susceptible to freezing; typically those near outer walls, in crawl spaces, or in the attic. Insulation made especially for this purpose is available. Wrap pipes with heat tape (UL approved). Seal any leaks that allow cold air inside where pipes are located. Disconnect garden hoses and shut off and drain water from pipes leading to outside faucets. This reduces the chance of freezing in the short span of pipe just inside the house.
When it is Cold: Let hot and cold water trickle at night from a faucet on an outside wall. Open cabinet doors to allow more heat to get to uninsulated pipes under a sink or appliance near an outer wall. Make sure heat is left on and set no lower than 55 degrees. If you plan to be away, have someone check your house daily to make sure the heat is still on to prevent freezing, or drain and shut off the water system (except indoor sprinkler systems).
If Pipes Freeze: Make sure you and your family know how to shut off the water, in case pipes burst. Stopping the flow of water can minimize the damage to your home. Call a plumber and contact your insurance agent. Never try to thaw a pipe with an open flame or torch. Always be careful of the potential for electric shock in and around standing water.
USPS Emergency Number
by Dennis Enderson, President
Please note that the Postal Service has an emergency number employees can call to find out whether management wants us to attempt to report to duty. This number is 888-363-7462.
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