The National Reassessment Program that the U.S. Postal Service rolled out in 2006 has finally arrived in the Colorado/Wyoming District. As of February 16, 2010, thirty-six (36) APWU-represented employees have had their limited duty/permanent rehab job offer withdrawn. This action has been expected for some time and the DMAL had conducted training in preparation of defending the membership from the diasterous actions being undertaken by our employer. No matter how prepared you may be, staring at the reality of no work and possibly no pay, is having a devastating impact on some of our brothers and sisters.

 

In the summer of 2009, we learned of the USPS’s dissatisfaction with the results of NRP. NRP was designed to reassess the job offers of injured-on-duty employees who had reached maximum medical improvement. On June 5, 2009, the DMAL reported 37 APWU-represented employees had been interviewed and all had their job offers renewed. Unbeknownst to me, one of our members had not accepted her offer because of a conflict with her medical report. In all, over 100 employees completed the initial NRP interview phase with acceptable job renewal offers for all but one.

 

In August 2009, Postal management announced an ‘accelerated’ NRP process that would review all limited duty job offers with the intent of placing more injured employees on the rolls of OWCP.  The ‘accelerated’ NRP process would assess each job offer on a daily basis and determine whether there was ‘necessary work’ within the employees’ limitations. If the answer given at the interview was no work, the employee would be given their rights and sent home for the remainder of the workday. They would be allowed to use LWOP, sick leave or annual leave until they were picked up by OWCP. Depending on the employees claim status, payment from OWCP could take some time. The DMAL has a lot of concerns with the Department of Labor OWCP procedures. We are enlisting the help of Congressional officials in an attempt to get a breakthrough with OWCP in regards to lost wages. To date, mail handlers and carriers who were placed off-duty before the APWU-represented employees, are reporting delays in receiving lost wages.

 

The DMAL remains confident that these cowardly attacks by management will not stand the test of arbitration or the legal system. Having said that, the union carries the burden of proving;

 

 Management is reversing their earlier position, that the Rehabilitation Act of 1973 requires them to provide limited duty jobs for injured employees. All Rehab/limited duty job offers created were the result of the USPS’ obligation to re-employ the injured employee. If not for this legal obligation under the Federal Employee Compensation Act (FECA) 8151 (b)2, the limited duty job offer would not exist. In addition to the above weaknesses to the Postal Services case, the search for work is not being done according to the Postal Service’s own guidelines as set forth in the ELM.

 

The remedy being requested by the union is to restore the employee to limited duty and make the employee completely whole for any and all benefits (AL, SL, OT, TSP benefits etc).

 

In addition to processing grievances for every APWU-represented employee, the DMAL is advising members to file an appeal to the Merit System Protection Board (MSPB). MSPB appeal rights apply to all compensable injured employees, not just preference eligible veterans. A case can be made that the USPS is in violation of the Code of Federal Regulations (5CFR353) when the USPS fails to restore injured employees to duty. Any employee believing they have been discriminated against due to their disability should contact an EEO counselor within 45 days of the alleged discriminatory act. The Rehab Act of 1973 sections 501, 504, and 505 prohibits employment discrimination on the basis of disability.

 

 

If you are given a part-day offer or a no work available letter contact your steward immediately so we can start the grievance process to protect your hard earned rights.

 

By now I'm sure everyone knows what is happening with the limited duty employees. If you are one of these employees, please contact DMAL Human Relations Director Phil Desautels. He will provide information on the proper filing of the recurrence claim, wage loss compensation claim, and other options and benefits available to you. It is critical that the CA2a's and CA-7's are filled out properly before submission to OWCP.

 

Another area of great interest is updating restrictions. Phil spoke to Health Management.   If you want to update your restrictions and force management to do another work search, contact your immediate supervisor and specify that you need a CA-17 for the physical requirements at the date of injury. Your supervisor will obtain that information and send it to you prior to your doctor's visit. Please give management time to complete this.  Don't call and say your appointment is tomorrow.

 

As always, you may call Phil at any time to talk to him about your situation. Remember he can only speak to you about non-contractual issues. Contractual issues are best kept for the steward handling your grievance file. There has been confusion in the GMF as to where to send the USPS portion of the CA2a. Please send the USPS portion to the following: T1-Bob Bronder; T2-Benda Ruiz; T3-Lisa Colunga

 

 

Management also indicates they are considering reducing the number of bid jobs in the Automation T-3 section. Reduced volume has apparently created an overstaffing of clerks in that section.

 

 

If you encounter dirty or unsafe conditions anywhere on postal property, file a PS Form 1767. These forms are available throughout any postal facility. Be sure to retain the blue copy for your records. These forms can also be submitted anonymously if you choose. Report any problems in filing these forms to a union representative.

 

The USPS notified the APWU of plans to consolidate 30 Computer Forwarding System (CFS) sites in fiscal year 2010. The consolidation is a result of the implementation of the Postal Automated Redirection System (PARS). Initially, the Postal Services’ plans to have just one CFS site per district and later one site per state. The Denver CFS site is already the only CFS site in the state of Colorado. In fiscal year 2011, management plans additional consolidations, and intends to reduce the total number of sites to 21. Those sites will then be relocated to the National Distribution Centers (formerly Bulk Mail Centers or BMC’s).

 

With the start of a new decade, it’s time to count the nation’s population once again. The U. S. Government is relying on the U. S. Postal Service to make that happen. The Postal Service will process and deliver census forms and other mail pieces to every household in the nation. Through mid April, the Census Bureau will send six separate mailings for a total of 447 million pieces. For the USPS, it means $200 million in revenue as well as an opportunity to provide a valuable community service. This is the single largest mailing ever in U. S. history.

 

 

A class action law suit filed against the USPS two years ago was dismissed recently by the District Court. The law suit charged that the USPS violated the Privacy Act by selling its employee master file containing personal and private employee information such as their home address. The Postal Service’s arguments were twofold: 1.) it is an improper challenge to a Postal Service regulation, i.e. the “Strategic Business Initiatives Plan, Management Instruction – AS-333-2004-7” and 2.) it arises out of the Postal Employee’s employment relationship with the Postal Service. The District Court agreed with the Postal Service.

 

 

Mark your calendar!! The February General Membership Meeting will be held on February 24, 2010, at 5:00 PM. There will speeches by Officer Candidates, Area Office Delegates to the APWU National Convention will be elected and second reading and vote on the Constitution & By-Laws on proposed changes!