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Union News Express 2007-09
Apr 21, 2008
Colorado AFL-CIO Update
by Gary Scott, President

I’m sure most of you have been following the saga at the Colorado State Federation. National APWU President Bill Burrus appointed me in February of this year to serve as his spokesperson on the 16 person Advisory Committee that now becomes the governing body of the State Federation through Trusteeship   These 16 people represent 95% of all union members in the state of Colorado. The labor movement in Colorado is not dead or broken. Only relationships were broken and even those are on the mend.

As if I needed more work as an incoming president of a large union, I have accepted the call from my union and I am doing my part to make sure we are all dancing in the streets come November 2008. Our goal is to continue to elect friends that will help direct legislation that is pro-worker. As such, the Advisory Counsel, joined by several other labor leaders, met to interview the three (3) candidates for Colorado Congressional District 2. This seat is being vacated by incumbent Mark Udall, who is a candidate for U. S. Senate. The Advisory Council voted unanimously to do an early endorsement, on behalf of the Colorado AFL-CIO, of Senate President Joan Fitzgerald for Congressional District 2. Now, our work to get Joan elected begins. We are aggressively discussing upcoming plans to develop a labor campaign to support her candidacy. Here in Colorado, we all know how hard Joan fights for working families and organized labor and what she can do in Congress. We wish her well in this endeavor.
 
Please call me if you have time to help or if you have any questions regarding this endorsement.
 
More Matters of the State of
Colorado That Affect Us
By Gary Scott, President

Earlier this year Colorado Representative Sara Gagliardi introduced a bill that, if adopted, would have attacked the job security we enjoy as postal workers. The so called “Junk Mail” bill would have created a “don’t mail” list similar to the don’t call lists created by various laws. Considering that over 50 percent of postal revenues come from Bulk Business Mail, you can see how costly such a bill would be to the financial structure of the Postal Service. The Union reported back to you that this bill went down in flames, but Representative Gagliardi committed to revisit this effort in future sessions. While we were able to gather support from various interests, the threat remains and we have now gone on the offensive. I met Ms. Gagliardi at a legislative lunch hosted by our local and exchanged opening comments on both sides of this issue. Ms. Gagliardi is a union member and understands we all need to get along and has promised to include this union in future discussions on this matter.

Another issue that has involved us down at the State Capitol was the introduction of House Bill 234. This bill allows for Colorado residents to opt to become permanent mail-in voters. This legislation will enhance the financial status of postal workers and the union. The Postal Service was contacted by the Election Commission and gave their blessing that this is a doable mission. But when the going got tough our union was called and asked to provide testimony concerning points of contention being made by those opposed to such an amendment. Ironically, the issue that concerned our elected officials the most was, employee conduct or misconduct, i.e. penalties for those convicted of mail crimes and the trustworthiness of the mail system. Tina Desautels, our Political Director, and myself were more than happy to testify that for the fourth year in a row the USPS has been voted the most trusted government agency in this country. I believe the testimony provided by Tina and myself was convincing and no cross examination occurred on the witness stand.
 
I really appreciate the networking and communication with others, including the staff at the Colorado AFL-CIO, that allowed us to go into action immediately and respond in a way that will be beneficial to the membership. Again I thank all those who had a hand in making the bill signing ceremony in the Governor’s office on Friday, June 1st a reality and I look forward to future endeavors with friends who have as much to gain or lose as we do.
 
APWU Drops RI-399 Lawsuit 
Union Garners Agreement
on Jurisdictional Disputes
APWU Web News Article #49-07, June 7, 2007

The APWU has negotiated an important agreement to expedite hearings on grievances involving jurisdictional disputes. In response to an APWU lawsuit against the Postal Service and the National Postal Mail Handlers Union (MHU), the MHU has agreed to the re-appointment of an arbitrator to hear the cases in question, and has begun attending meetings of the National Dispute Resolution Committee. The APWU and MHU also agreed on a procedure to establish the order in which disputes will be heard.

The APWU has withdrawn its lawsuit charging that the MHU and Postal Service violated a national-level agreement that establishes procedures for resolving disputes over work assignments. “The lawsuit accomplished what we set out to do,” said APWU President William Burrus. “It has restarted the process of resolving jurisdictional disputes.”
 
National Business Agent Mike Gallagher, the APWU’s representative on the National Dispute Resolution Committee, said, “We set out to do three things: meet, select an arbitrator, and begin to schedule cases. We have accomplished each of these goals.”
 
Under the terms of a June 4 Memorandum of Understanding, the APWU will select the next dispute to be arbitrated at the national level from among the remaining disputes. The MHU will pick the following case, and the selection of cases will alternate between the APWU and MHU.
 
Also contained in the MOU is the APWU’s acceptance of the Postal Service’s position on two cases (OCR mail preparation and the MODS scales), thereby closing these disputes. “This decision was made after careful analysis of the arguments in those cases, as well as a study of the arbitral history related to these issues by the Clerk Craft and the Regional Dispute Resolution Committee members,” Gallagher said.
 
The lawsuit, which was filed in January, can be reinstituted “without prejudice” should the terms of the agreement be breeched again in the future. “The suit was absolutely necessary, and we are pleased to see that we accomplished what we set out to achieve,” said APWU President William Burrus. “The APWU will finally have the opportunity to challenge improper work assignments.”
 
The RI-399 Dispute Resolution Process 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. It also requires them to meet frequently enough to render timely decisions, and to schedule arbitration hearings for unresolved cases.
 
Incidental Leave
By Dave Coker, Chief Steward

As summer gets closer, the volume of mail drops and the thoughts of clerks everywhere turn to going home early. That has led to some concerns and friction on the floor of the P&DC, since management seems to have an unorganized way of determining who goes home early when mail volume allows it.

To clear things up a bit, I’d remind all clerks that going home early falls under the umbrella of “Incidental Leave”. Under the Local Agreement, incidental leave is granted on a first come, first served basis when the request is at least one day in advance or more. For leave requests for the same time period, submitted on the same day, seniority shall prevail.
 
Whenever someone goes home early, a 3971 should be generated. Since this is true, I strongly encourage all clerks to make your request in writing on a 3971, and get your supervisor to sign the “Notified” section. This will document on what date, and at what time you requested the leave. Also, this will create a paper trail to follow should there be a question about who has asked to go home, and what their seniority is for requests submitted the same day.
 
Bottom line? Don’t trust the “Go home early” list on the board. It is too easily forgotten, and too easy for it to be mishandled. Make all of your requests for leave formal and traceable by filling out at 3971. Have a great summer!
 
APWU Health Plan
by Gary Scott, President

Health care coverage is one of the most important benefits an union can negotiate for its members and the APWU Health Plans are among the best in the Federal Employee Health Benefit Program (FEHBP). Yet for various reasons, many members are enrolled in other health insurance plans. Beginning next year, the USPS will pay 95% of healthcare premiums for APWU represented employees enrolled in the APWU Consumer Driven Option. As a result of this negotiated right, members of our plan will pay less for health insurance in 2008 than they did in 2007. Health care decisions are important and wise consumers need time to consider their options. In the near future, expect to see postcard mailings from our National APWU encouraging those who don’t belong to the APWU Health Plans to start the research now to consider giving yourself an even bigger pay raise next year on top of the one-level increase due in February 2008.

APWU 11th Biennial National Deaf and Hard of Hearing Conference
by Gary Scott, President

In 1988, the APWU created a forum for APWU members to address their unique problems and concerns in the workplace, union and society. The APWU goals include better communication, better representation, better communication, better representation, better training, a better workplace, a better union and building relationships.

The 11th Biennial National Deaf and Hard of Hearing Conference will be held in Washington, D.C. Wednesday through Saturday July 18 - 21, 2007. The Denver Metro Area Local has always supported the hard of hearing community and are making plans to be represented at this event. This will be the time for resolutions to be submitted for consideration. I encourage all to submit any ideas you have that you believe needs consideration by the local or this national body that will be convening next month in Washington, D.C.
 
Union Meeting Reminder
by Gary Scott, President

Please mark your calendar for June 27th at 5:00 PM to be in attendance at your next membership meeting. 

Our Constitution and By-Laws dictates the order of business to be conducted, but there is a time and place during the meeting to discuss whatever might be on your mind concerning the business of your local. We will even feed you and maybe send you home with money from the grand prize drawing. Every month, a random selection of 20 members’ names are placed in a sealed envelope by our Office Manager Rita Burns. The first name read and present at that meeting will receive $200. If no winner, the amount is increased by $25 until someone wins and then we start over at $200. The members whose names were read at the last meeting were:
 
Nan K. Yu
Domanique Dixon
Donna K. Armstead
Robert Inzalaco
Nancy Littrell
Kenneth M. Wenzel
Redencita A. Vasquez
Woodrow Wright, Jr.
Justina T. Cruz
Mary H. Oakeley
Thomas Umland
Beverly Espinoza
Jerald L. Lauritzen
Martha J. Dillard
Youn C. Lee
Sandria Moses
Gail A. Trujillo
Prentice Butler
Rogers L. Pierre III
Bonnie Hollomon
 
None of these members were present. Therefore, no one received the monies. Please attend this and all important meetings.
 
New Light Duty Guidelines
By Gary L. Scott, President

In mid December of 2006, the APWU was notified that the National Reassessment Process had been implemented nationwide. Phase 1 of this process should consist of the following actions: Establishing a light duty “standard operating procedure” that includes identifying all limited duty/rehab employees and updating medical information as necessary. If medical information was recently provided no additional medical documentation should be necessary. Establishing light duty standard operating procedure should not be a change from previous procedure, only a standardization nationwide. 

The new “SOP” was implemented early this year and is too much to print in this newsletter, but will be printed in a future Mountaineer edition. No rules have been changed and every assignment should be made on a case-by-case basis.

Several disputes have been made at the national level already. One area of concern is the good faith efforts to find medically suitable work will not be made and that seniority rights will be ignored. We are also concerned about the Postal Service’s application of a standard community area, which may limit the availability of rehab jobs.

We are doing all we can to educate ourselves on the options that will be available to assist all of the members. Keep in mid the options will vary with each individual case. Human Relations Director Phil Desautels was sent to Washington DC last month to continue his education and I expect him to become an “expert” on NRP as other districts will be going down that path prior to us. If any of you have questions now concerning this process please call Phil at 303-365-1524 ext. 339.
 
 
/rb
opeiu #5
afl-cio

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