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APWU ISSUES and ANSWERS

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From Postal Employee Network

- Welcome from Bill Lewis
  President APWU Trenton Local
   Read Bio and Welcome

CURRENT TOPICS By Bill Lewis
- Change in F-1 Handbook
- Trenton P&DC Update
- Christmas Holiday Facts
- Automated Postal Centers (APCs)
- 12/60 Work Limitations and the
  Appropriate Remedy for Exceeding
  the Ceiling
- 2004 National Election
- Travel for Training
- Trenton Area Update - Of Interest to all.
- Article 15 APWU GUIDE TO THE GRIEVANCE PROCEDURE
- Grievance Tips
- Rights Before Postal Inspectors
- Weingarten Rights
- Chemical/Biological Agents in the Mail

FYI
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Current FYI Topics:
- General Pay Increase Takes Effect Nov. 27
- A Message from Greg Bell, Director, Industrial Relations Director
  Sunday Premium Settlement
- Penalty Overtime Exclusion - 2004
 

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- Presidential Commission On USPS
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Change in F-1 Handbook

Recently I became aware of a change in the policy for accepting checks as payment of postal products or services. This change was made to Handbook F-1. I did a quick check locally and found that this change was not posted nor were Sales and Service Associates aware of this change. If the clerk accepts a check and the check was returned then the clerk would be responsible for the shortage for failing to get proper identification. All the changes made to the F-1 can be found in Postal Bulletin, Issue 22139, October 14, 2004.
Click Here for Postal Bulletin (new window)

 Bill Lewis

Effective November 1, 2004, the policy for accepting checks at postal retail units and Post Offices is revised to require a photo-bearing identification showing the customer's (presenter's) picture and signature for all types of checks, regardless of whether or not the customer is known. Only the following are acceptable photo-bearing identification: valid state-issued driver's license, state-issued non-driver identification, passport, military identification card, or other U.S. government-issued identification that shows both the customer's picture and signature.

Photo-bearing identification is required for both personal and business checks. In addition to the customer's identification number, the acceptance employee must record the customer's Post Office (P.O.) box/caller service numbers, trust account permit numbers, or postage meter serial numbers on the face of checks accepted for payment of these services.

The requirement of photo-bearing identification does not apply to checks received by mail for payment of P.O. box/caller services; trust account deposits, or Stamps by Mail. However, the acceptance employee must record the customer's P.O. box/caller services numbers or trust account permit numbers for payment of these services, and mark "by mail" on the face of the checks.

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Trenton P&DC Update

Work on the restoration of the P&DC is progressing at a decent pace, there were some set backs and unforeseen additional work which caused the delay in reoccupying the building. I project the building reopening will be after January 31, 2005. My personal opinion is the project is 90% complete and this is based solely on my observations.

The major construction on the workroom floor is completed and just a few minor items remain. I don't believe there will be any major set backs in this area of the building.

Most of all the major electrical work is completed and the contractor has reduced the amount of electricians on the job. Most of the work now is testing and working out the problems.

The parking lot is re paved and lines painted, the spots are over a foot narrower then before. New gates are being installed at the entrances and exits.

The new heating system is working but still needs to be balanced to keep the building at an even temperature. The AC units are still being worked on and the new air compressors and air pipes have been installed.

The swing room is almost completed and needs a few minor items. Locker rooms are done and new lockers are being assembled. I have a problem with the men's locker room and the new lockers. They made the men's locker room smaller, they constructed a small room inside the menus locker room, no one can tell me what the room is for. Both men and ladies’ lockers are ½ lockers; you will not be able to place a pair of boots or even your lunch box in these lockers.

Throughout the administrative section of the building more space was allocated with larger cubicles, spacious offices for some managers and we get less. The union was not permitted to bargain nor were we involved in any discussions over employee areas or items. Surprised, I am not.

The Main Office Window Section has new retail counters and new PO Boxes. The whole lobby has been redone, and is awaiting the new POS units and the new Automatic Postal Centers.

Spare no expense was the call for the administrative section. New carpeting, new cubicles, new lighting, new heating and state of the art mixer box for better climate control. The walls have been laminated with ¼ sheet rock and a new coat of paint, looks good. I will not comment on the carpeting colors, you be the judge. Oh, I forgot, the new card access system will not allow you into the palace. I am somewhat confused over the new security system that prevents employees who already gained proper entry into the building from moving about in their own facility.

The north and south platforms are a bit behind with the bay doors and dock levelers. The new heating and lighting is completed. The south platform has air conditioning.

Since the building has been declared safe for maintenance to begin the work of restoring the mail processing machines over 2,500 samples have been taken and all were negative.

The bio-detection system, BDS is scheduled to be installed in the Trenton P&DC in January 05. The new Ventilation Filtration System, VFS is installed over the loose mail preparation system, Barney and AFCS. These new safe guards will make working in the 010 area a bit different. The conveyors and AFCS have enclosures to contain the dust and potential hazards and then remove them to a multistage HEPA filtering system. The new filtering and bio-detection systems generate a substantial amount of heat. To compensate for this additional heat load an air conditioning unit was placed on the roof just for the 010 area. Noise levels in this area will have to be monitored when all of the machines are functioning; in my opinion these new features are quieter then you would expect.

I have requested from management that more Trenton Maintenance Employees be assigned to Trenton to help with the maintaining of the building and machines. I guess since I asked, it will not happen.

The postal service has not had any official discussions with the local about staffing or tour operations when the building reopens. We will more than likely have those discussions at arbitration

Talking about arbitration, the long awaited anthrax travel grievance is scheduled for January 13, 2005. There are many rumors floating around about this issue, THERE HAS BEEN NO SETTLEMENT. I am currently in negotiations with the New York Metro Area to possibly resolve this issue. Resolution of this issue is not likely at this time since both parties are so far apart. I have requested National Business Agent, Jeff Kehlert and the local's attorney to begin the final preparations for the arbitration hearing.

Yours in Unionism

Bill Lewis President #1020

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The following Christmas Holiday facts are for APWU members and the information contained in the article is from the APWU Collective Bargaining Agreement. I would like to share with everyone the questions and my responses to many questions relating to the upcoming Christmas Holiday.

When is my Holiday? This year Christmas Day, December 25, 2004, falls on a Saturday and according to article 11 section 5.A, “Holiday on Non-Work Day” When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.

If Saturday is your normally scheduled workday then your holiday will be observed on Saturday, December 25. If Saturday is your non-scheduled day then your holiday will be Friday, December 24 and if Friday and Saturday are your non-scheduled days then your holiday is Thursday December 23.

The 3-day holiday period for Christmas is December 23, 24 & 25. The holiday schedule must be posted by December 14, 2005. This posting is mandated by article 11.6.A. The Employer will determine the number and categories of employees needed for holiday work and a schedule shall be posted as of the Tuesday preceding the service week in which the holiday falls.

Do I get paid time and one half if my holiday is other then Saturday? All full time /part time regular employees who work on the Christmas Holiday or the designated holiday will receive one and one half times (1 1/2) the base hourly straight time rate for each hour worked. A part-time flexible (ptf) employee, who works on December 25, shall be paid in addition to the employee’s regular straight time hourly rate, one-half (l/2) times the employee’s regular straight time hourly rate for each hour worked up to eight (8) hours.

Do I receive an extra half (½) of day annual leave if I work the holiday? No, if you elect to be credited with annual leave instead of the holiday pay you will be credited with up to 8 hours of annual leave. All this provision of the contract does is allow you to switch the holiday leave pay for annual leave; you still get paid for the holiday work hours.

Happy Holidays

Bill Lewis President
Local #1020

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The new Automatic Postal Centers (APCs) will be capable of providing 80 percent of the most common transactions handled at full service windows. These machines will be available 24/7 for our customers to conduct postal business. Not all post offices will be receiving the APCs; at the present time only high volume offices with long waits will see them.

Some of the features of the APCs are; weighing and rating letters, flats and parcels up to 70 pounds. Dispensing variable rate postage in any denomination for Express, Priority, First Class, Certified mail, International (under a pound) and Parcel Post. Providing postal service and mailing information, and zip code lookup. Printing express mail forms and generating a receipt for payment are also some of the features of the APCs.

If this state of art technology is promoted properly it could have a major impact on window service operations and cause a reduction in over the counter sales and thus reduce the need for our current staffing of sales and service associate positions, so far I have not seen this overwhelming success but I am still cautious. The machine does not sell single stamps nor does it accept cash. Only credit cards and debit cards are accepted.

Who will perform the routine duties associated with this equipment? The USPS and APWU agree that a sales and service associate will perform the duties associated with this equipment. The clerk will restock the paper, PVI tape and stamp books. The clerk may also clear jams in the machine. The postal service has contracted the servicing and repairs to the company that designed and installed them. The national maintenance division has filed a national level grievance over the work being contracted outside the maintenance craft.

During the first 90 days following the deployment of the APCs, the postal service will be hand picking an employee to be the APC Customer Advisor, this individual will encourage customers to use it, help them get acquainted with the machine and assist them with their transaction. Management has the right to select any employee to serve as a APCs Customer Advisor. The APWU doesn’t seem to have objections to the use of non-APWU bargaining unit employee from receiving the 3.5 hours training. The APWU does caution management not to cross the duties of a lobby director or clerk with this APC Customer Advisor. Who is kidding who? As the APWU loses bargaining unit positions daily we cannot afford to allow any work even if it is one day or 90 days to be given to other crafts. The work is clearly retail work and should go to an APWU sales and service associate working in the retail center. Management has taken the position that the work associated with the APC doesn’t belong to the Self-Service Postal Clerk since the APC is automatic and not mechanical. This I will have to explore a bit more to determine if this position is correct.

Since I will be receiving this piece of equipment when the Trenton P&DC reopens in about 2 months and as always I will continue to preserve APWU work, I plan to approach management and encourage them to use a sales and service associate as an APC Customer Advisor. I will have grievances filed on any one who is not a sales and service associate who stocks the machine, and initiate grievances for any work being performed by contractors. We must strengthen our resolve to protect our work and aggressively defend it.

Bill Lewis
The Lewis Letters

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As management continues to right size our work force we will see an increase in overtime hours to cover the shortage in the workforce. Along with this increase of overtime come increasing attempts by management to deny the Bargaining Unit of its rights. Article 8 overtime provisions of the Collective Bargaining Agreement has been arbitrated and been put to rest, I thought… I see some of the same issues that we fought hard and long for resurfacing.

The question of working over 60 hours within a service week continues to surface even after being settled 16 years ago. The issue of 12/60 work hour limitations and the appropriate remedy when management allows you to work beyond the daily/weekly work limitation has been a problem since the 1988 settlement.

A brief history of this 12-hour daily 60-hour weekly limitation would be in order. The issue was arbitrated before Arbitrator Richard Mittenthal back in 1986 and 1987. Several questions were presented to him for interpretation.

Whether a violation of article 8, section 5G2, i.e., working an employee more than 12 hours in a day or 60 hours in a service week, justifies a remedy apart from beyond the penalty overtime pay provided by article 8, section 4C and D? If so what would be the remedy?

Mittenthal ruled in part that Article 8, Section 5G2 does establish an absolute bar against employees working more than 60 hours in a service week. The pay question was remanded back to the parties for further consideration.

Whether an employee sent home in the middle of his tour on a regularly scheduled day, because of the bar against employees working more than 60 hours in a service week, is entitled to be paid?

He additionally ruled that an employee having been sent home on his regularly scheduled day before the end of his tour on account of the 60- hour ceiling and having experienced no temporary change of schedule, must be paid for the hours he lost that day.

Whether management may ignore the pecking order in a holiday period scheduling, as established by article 11 section 6B or a local Memorandum of understanding in order to avoid payment of penalty overtime pay under article 8?

Management may not ignore the “pecking order” in a holiday period scheduling under Article 11, Section 6 in order to avoid penalty overtime pay under Article 8.

Management may not treat regular volunteers for holiday period work as having volunteered for up to 12 hours on whatever day(s) they are asked to work.

He also remanded the remedy back to the parties in this grievance. As a result of Arbitrator Mittenthal’s decisions to remand the remedies back to the parties the following memorandum came into existence.

The United States Postal Service, NALC and the APWU agreed to compensate the aggrieved employees an additional 50 percent premium of the base hourly straight time rate for those limited instances when employees are permitted to work beyond the 12/60 limitation.

Memorandum of Understanding Between
The United States Postal Service And
The American Postal Workers Union, AFL-CIO And
The National Association of Letter Carriers, AFL-CIO

The United States Postal Service, the American Postal Workers Union, AFL-CIO, and the National Association of Letter Carriers, AFL-CIO, hereby agree to resolve the following issues, which remain in dispute and arise from the application of the overtime and holiday provisions of Articles 8 and 11 of the 1984 and 1987 National Agreements. The parties agree further to remand those grievances which were timely filed and which involve the issues set forth herein for resolution in accordance with the terms of this Memorandum of Understanding.

12 Hours In A Work Day and 60 Hours In a Service Week Restrictions

The parties agree that with the exception of December, full-time employees are prohibited from working more than 12 hours in a single workday or 60 hours within a service week. In those limited instances where this provision is or has been violated and a timely grievance filed, full-time employees will be compensated at an additional premium of 50 percent of the base hourly straight time rate for those hours worked beyond the 12 or 60-hour limitation. The employment of this remedy shall not be construed as an agreement by the parties that the Employer may exceed the 12 and 60-hour limitation with impunity.

As a means of facilitating the foregoing, the parties agree that excluding December, once a full-time employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work. Furthermore, the employee’s tour of duty shall be terminated once he or she reaches the 60th hour of work, in accordance with Arbitrator Mittenthal’s National Level Arbitration Award on this issue, dated September 11, 1987, in case numbers H4N-NA-C 21 (3rd issue) and H4C-NA-C 27.

Holiday Work

The parties agree that the Employer may not refuse to comply with the holiday scheduling “pecking order” provisions of Article 11, Section 6 or the provisions of a Local Memorandum of Understanding in order to avoid payment of penalty overtime.

The parties further agree to remedy past and future violations of the above understanding as follows:

1. Full-time employees and part-time regular employees who file a timely grievance because they were improperly assigned to work their holiday or designated holiday will be compensated at an additional premium of 50 percent of the base hourly straight time rate.
2. For each full-time employee or part-time regular employee improperly assigned to work a holiday or designated holiday, the Employer will compensate the employee who should have worked but was not permitted to do so, pursuant to the provisions of Article 11, Section 6, or pursuant to a Local Memorandum of Understanding at the rate of pay the employee would have earned had he or she worked on that holiday.

The above settles the holiday remedy question, which was remanded to the parties by Arbitrator Mittenthal in his January 19, 1987 decision in H4N-NA-C 21 and H4N-NA-C 24.

As with every agreement the parties enter into with the Postal Service, it never seems to put the issue to rest. Additional disputes are always guaranteed to surface.

The following information is from the New York Metro USPS/APWU Joint Contract Application Manual. This manual may not be applicable for your area but the references and resources sure are. This information is only provided to assist you in protecting your rights

Questions and Answers

QUESTION: If management violates the 12-hour or 60-hour restriction, what is the remedy for said violation?

Response: In instances where this provision is or has been violated and a timely grievance is filed, the full-time employee(s) will be compensated at an additional premium of 50 percent of the base hourly straight time rate for those hours worked beyond the 12 or 60 hour limitation.

Source: MOU between USPS, NALC and the APWU, October 19, 1988. National Arbitration Award, H4M-NA-C 21 and H4C-NA-C 27, Mittenthal, fourth issue), A90N-4A-C 94042668, Snow

QUESTION: After a full time employee reaches 20 hours of overtime within a service week is he/she still available for overtime?

Response: No. Once the employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work.

Source: MOU between USPS, NALC and APWU, October 19, 1988.

QUESTION: What is management’s obligation when an employee reaches the 60th hour of work?

Response: The employee’s tour of duty shall be terminated once he/she reaches the 60th hour of work.

Source: MOU between USPS, NALC and the APWU, October 19, 1988. National Arbitration Award, H4M-NA-C 21 and H4C-NA-C 27.

QUESTION: Does paid leave count toward the 12 and 60 work limits?

Response: Yes  Source: ELM 434

QUESTION: Is an employee who is sent home in the middle of the tour on a regularly schedule day, because of the bar against employees working more than 60 hours in a service week, entitled to be paid for the remainder of his scheduled day?

Response: Yes, an employee having been sent home on his regularly scheduled day before the end of his tour due to the 60-hour ceiling and having experience no temporary change of schedule, must be compensated for the hours he lost that day.

Source: National Arbitration Award, September 11, 1987, Arbitrator Mittenthal H4M-NA-C 21 and H4C-NA-C 27.

QUESTION: Does “Holiday Work Pay” count towards the 56 and 60 hour work limits?

Response: No. “Holiday Work Pay” is a premium paid to eligible employees for hours worked on a holiday. However, since employees are given credit for paid leave on a holiday, the holiday leave time would count toward the 56 and 60 hour limits.

Source: ELM 434

As clear as the language and the arbitrations cited may seem, we still continue to see violations of the 12/60 limits. If you work beyond the 12/60 limitations you MUST file a grievance for the additional 50 percent premium. You are still entitled to the premium even if you take paid leave during the time frame. If you need additional information or copies of the arbitration awards or the memorandum of understanding please contact me. This information is only provided to assist you, contact your local union representative to see if your rights have been violated.

Yours in education,

Bill Lewis
The Lewis Letters

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Resources
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- Collective Bargaining Agreement
- APWU Grievance Forms
- Your Weingarten Rights
- Early Retirement Info
- Presidential Commission
  at APWU
- News Service Bulletins

2004 National Election

The process of the National Election for the APWU will commence in a few days with the nomination petition procedure. We as local and state leaders of this Union must make serious and difficult decisions as we approach the future of our Union - and this is what this National APWU Election is - The Future of Our Union!!!

We must analyze our choices with the same careful, deliberate, critical thinking, which we should apply in our representative decisions for the membership. After all, there is no greater representation decision then choosing those who will represent us at the National level.

We must carefully evaluate, rate and rank those officers based upon their performance in assisting and advocating for the membership. In short, those individuals who have contributed for the membership should be fully supported and returned to office.

Criteria - if common sense would so define each of these – such as, “a nice person, a friend, we know him/her for a long time, he/she has been around forever, he/she can’t be defeated, he/she will retaliate if we do not support their bid for office,” etc, are reasons which are unacceptable in order to perpetuate a persons continued presence in an elected National position and continued employment by the APWU. If you have an officer who advocates; who addresses and resolves problems; provides educational materials; teaches the stewards and officers; negotiates valuable and beneficial agreements; instills enthusiasm and confidence, then that officer is an invaluable resource for all and must be kept as an integral part of the mission which is providing the best representation for the membership. In short, if the officer really contributes, then return that officer to elected office with all your efforts.

On the other hand, if you have an officer who brings little or nothing to the table, has produced no recognizable, viable and concrete record of providing valuable resolutions of problems, made no educational contributions, no successful advocacy; and no easily defined and easily seen achievement of assistance for the membership, that officer should not, no, must not, be rewarded with continued “placeholder” status within what is supposed to be a representation - as the #1 priority - Union of Postal Workers. We should not have to reach, or search, or manufacture reasons to support anyone charged with the solemn responsibility, which is the welfare and protection of our members.

Evaluate, question and review the records of representation of those asking for your support, your vote and continued employment with our APWU.

We all owe it to our membership, our representation, our future and our APWU.

Bill Lewis
The Lewis Letters

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Travel for Training

I recently learned that management is not compensating APWU members for their time spent traveling to training. This is violation of our Collective Bargaining Agreement. In accordance with Article 36.2.C, all travel for job-related training will be considered compensable work hours. An employee is in travel status from 'portal to portal' which results in the employee being paid from the time they leave their residence until the time they get to their temporary duty station. This provision of our contract covers all bargaining unit employees.

If you have been denied travel compensation contact your steward and file a grievance. I recommend you keep a log of the mileage, time spent traveling to and from the training site and the time you spent training.

With more and more training being scheduled in centralized locations, we need to enforce this provision of the contract.

Bill Lewis
The Lewis Letters

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The Presidential Postal Commission - Declares War on Postal Workers
Your future is in the hands of Congress

Presidential Postal Commission Recommendations

• Cut Postal Workers Pay The Commission recommends a powerful Postal Regulatory Board appointed by the President. That board would cap new workers and cut pay of current workers.
• Outsource Postal Jobs All jobs incidental to the delivery of the mail. The commission recommends contracting out of motor vehicle maintenance, local mail transportation, maintenance, mail processing, retail services and support services.
• Elimination of the No Lay Off Clause This would force us to take small salary increases, jeopardize COLA and decrease benefits if we wanted to maintain this collective bargaining right.
• Cut Postal Benefits Remove postal workers from the federal employees heath benefits program, pension programs and OWCP program. These benefits are now guaranteed by law.
• Close Post Offices and Consolidate Plants Without the say of customers, employees or our elected representatives.
• Curtail Collective Bargaining The commission supports collective bargaining, so they claim. They recommended that binding arbitration be eliminated and go to implementation of the last best offer. They feel what is guaranteed by law should be part of the bargaining package.

  ---

These Changes Cannot Happen Until Congress Changes the Law

Hear what the special interest groups have to say:

APWU GUIDE TO THE GRIEVANCE PROCEDURE
A grievance includes, but is not limited to, the complaint of an employee or the union which involves the interpretation, application of, or compliance with the provisions of the APWU Agreement or any local Memorandum of Understanding.

When an employee or the union believes their rights under the Agreement have been violated your Shop Steward should:

Establish a File
01. Request all relevant information from appropriate management official. Take detailed notes.

02. Interview grievant, witnesses if appropriate and review applicable documents.

Step 1
03. Discuss grievance with immediate supervisor within 14 days of date union or employee first learned of its cause.

04. Take notes of union and supervisor's Step 1 positions in discussion.

05. Supervisor's decision shall be given no later than 5 days after Step 1 discussion, unless parties agree to extension.

06. If decision is unfavorable supervisor shall initial Step 2 standard grievance form at request of steward confirming date decision was rendered. Demand the form be initialed!

07. Review notes of Step 1 meeting, contract and applicable references and documentation. If necessary discuss with other union officials.

08. The union is entitled to appeal adverse Step 1 decision to Step 2 within 10 days after receipt of Step 1 decision. Use standard grievance form.

Step 2

09. Installation head or designee must meet with union representative within 7 days after receipt of Step 2 appeal.

10. The parties representatives may mutually agree to jointly interview witnesses. In discharge cases either party shall have the right to present no more than two witnesses.

11. The parties shall make a full and detailed statement of facts relied upon, contractual provisions involved, and union shall explain remedy sought. Union and management will exchange all relevant papers and documents.

12. Take notes of statement of facts relied upon by management.

13. Where agreement is not reached, employer's written decision is furnished to the union within 10 days after the Step 2 meeting. Time limit may be extended by mutual agreement.

Decision shall include Employer's understanding of:

a. all relevant facts
b. contractual provisions involved
c. detailed reasons for denial

14. If union's representative believes Employer's facts or contentions in decision are incomplete or inaccurate he/she may file a written statement to the Employer's representative setting forth corrections or additions.

Step 3

15. The union is entitled to appeal adverse decisions to the Regional Director for Employee & Labor Relations within 15 days after receipt of Step 2 written decision.

File to union Step 3 representative should include:

a. Letter of charges (discipline)
b. Step 1 notes and any witness statements
c. Step 2 decision and Appeal Form
d. Step 2 notes
e. Copies of relevant documents (overtime lists, manuals, seniority list, etc.)
f. Letter of objections/corrections if filed
g. Step 3 appeal

NOTE: Copy of Step 3 appeal and letter of corrections and objections must be forwarded to Employer's Step 2 representative and Regional Director for Employee & Labor Relations.

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In order to be successful in arbitration the grievance file must be properly documented.  Obtaining the proper documents and conducting interviews must be done by the steward during the step 1 investigation.  These interviews and documents are necessary in order to be successful in arbitration.

In discipline cases, as well as contract cases, it is imperative that the steward interview the issuing supervisor, and all other management officials involved in the early days of the grievance so we may obtain all the facts and details, before the supervisor speaks with their labor representatives.  Too many times the supervisor changes his/her story after they speak with labor relations representatives and, without interviews to lock them in, they are free to change their version at the arbitration. 

The following should be included in the grievance case file when the grievance involves discipline: 

DOCUMENTS REQUIRED FOR DISCIPLINE GRIEVANCES i.e.:

 LETTERS OF WARNING, SUSPENSIONS and REMOVALS. 

1. Copy of the discipline letter or letter of charges, (letter of warning, notice of suspension, notice of removal, etc.)
2. Copy of the grievant’s statement.  (Have the grievant write them out; help them, and support them.) It is imperative to get the grievant’s version of what happened.  This also helps protect the union.
3. Copy of the Factual Report and all requests to higher authority for the concurrence.
4. Interview the grievant, supervisor, concurring official and all witnesses including management’s witnesses.
5. Obtain all evidence management relied on to support their position.  Question them on the evidence and obtain copies.  Also request any and all statements obtained by management during their investigation and all evidence referenced in the letter of charges.
6. Copy of all past elements cited in the letter of discipline.  Verify all past discipline.  Check on all settlements.  Was past discipline cited?  Is it outdated? (Over 2 years as per Article 16.10.)
7. Include in the grievance package the number of years of service the grievant has in the Postal Service.  (This could work both ways; in our favor or against us.  I.e.: The employee should have known better or, on the other side of the coin, the employee should receive consideration for years of service.)  Does the employee have any awards in their OPF?  Request to review their OPF.

ATTENDANCE RELATED INFRACTIONS 

1. All of the above.
2. Copies of all 3971’s for the dates cited on the discipline letter.  Are the 3971’s clear and legible? (If not, demand to review the original 3971’s.)  Verify the dates with the grievant and supervisor and watch for errors.  (i.e.: wrong dates, rest days, scheduled vs. non-scheduled, etc.)
3. Copy of 3972’s (both sides) for the past 2 years.  Demand to review the original to determine if your copy is accurate.
4. Copy of all medical documentation, including the medical officer’s documents.  Was the employee sent home by the medical unit?  (Not fit for duty?)
5. Number of hours of sick leave and annual leave the employee is carrying.

DISCIPLINE INVOLVING THE INSPECTION SERVICE 

1. All of item 1.
2. Copy of the Investigative Memorandum generated by the Inspection Service.
3. Obtain all information stated in the Investigative Memorandum and interview all parties referenced in the I.M.
4. Interview all Postal Inspectors involved with the Postal Service’s investigation.

CONDUCT INTERVIEWS FOR ALL DISCIPLINE GRIEVANCES 

1. The grievant.
2. The supervisor who issued the discipline.
3. The concurring official.
4. All witnesses for the grievant.
5. All witnesses for management.

When conducting interviews the steward should focus on the WHO, WHAT, WHERE, WHY, WHEN and HOW principles from all parties being interviewed.  When interviewing the issuing supervisor and concurring supervisor formulate your questions to work around the 7 TESTS OF JUST CAUSE and the above-mentioned principles. 

While conducting the interview, the steward should try to place the person being interviewed at ease and make them feel very comfortable.  Most people being interviewed tend to clam up and perceive it as an adversarial confrontation.  A wise steward should start the interview by explaining the reason and purpose of the interview to the individual.  Always allow the person speaking time to finish and never interrupt.  Never turn the interview into a confrontation even when you know the person speaking is not being truthful with you.  Try to lead the person into giving the correct or honest answer.  This is not always an easy task. 

Prior to conducting interviews have all your facts together.  Have your questions all written up and leave space for your answers.  Keep in mind that an answer to one question may lead to another question.  Try to know the answer to your questions before asking it. 

PRE-DISCIPLINARY INTERVIEWS 

1. Get the date of the Day in Court (EL-921).  If you are the steward present during a day in court process, you must take notes of the meeting.
2. Who was the supervisor who interviewed the employee?
3. Determine if an interview really occurred?
4. Was the employee given advanced notice that he faced possible discipline and afforded an opportunity to defend him/her self?
5. Did the supervisor lead the employee into believing that this meeting was just a discussion and everything would be OK?  (This happens far too many times.)
6. Did the supervisor conduct some form of investigation while performing the Day in Court and encourage the employee to discuss the matter?
7. Did the employee request a union representative be present during the Day in Court process?  Remember an employee is not entitled to a union representative during an official discussion.  (We may be able to use the argument that when the employee was denied a steward that this had all the makings of an official discussion.)

 ***NOTE***ASK THE GRIEVANT AND SUPERVISOR THE SAME QUESTIONS.

The day in court process is part of the grievant’s due process right.  I have personally witnessed supervisors who totally abuse the process.  The supervisor must conduct a fair and objective investigation into the alleged offense and the employees must be given an opportunity to defend themselves.  Did you notice the date on the day in court?  This PRE-DISCIPLINARY INTERVIEW must be prior to requesting discipline.  (Also watch the date of the request for discipline.)  This Pre-Disciplinary interview falls under the test of Just Cause; was a fair and objective investigation conducted prior to the disciplinary action being initiated?  There could not have been a fair and objective investigation into the matter if the grievant’s account of the incident was not included in management’s investigation.  Management during this process must try to determine if there was any mitigating factors involved, and did it have bearing on the grievant’s behavior.  The American Postal Workers Union has been very successful in arbitration at overturning discipline for the lack of a pre-disciplinary interview.  Always cite in the grievance papers that management failed to conduct a fair and objective investigation by failing to conduct a pre-disciplinary interview.  This is particularly important to raise the issue of pre-disciplinary interview on the step 2-appeal form.

TEST FOR JUST CAUSE

The definition of just cause was really defined by Arbitrator Carroll Daugherty in Grief Brothers Cooperage vs. United Mine Workers District 50, 41 LA 555 and is the cornerstone used by virtually every arbitrator.  Arbitrator Daugherty formulated even (7) specific questions that must be answered in an arbitrator’s mind to establish that a suspension or discharge was for “just cause.”  A positive “no” answer to one or more of the questions would indicate that “just cause” did not exist. 

      These questions are taken from the APWU Shop Steward Handbook. 

1. Did the USPS give the employee forewarning or knowledge of the possible or probably disciplinary consequences of the employee’s conduct?  In other words, was there some kind of written (or oral) instructions governing the situation the employee is being disciplined for?  This could be a notice posted on a bulletin board or found in an order book.  The important thing is that it must be proven that there was actual written or oral communication of these rules before te incident occurred.
2. Was the rule or managerial order reasonably related to the orderly, efficient and safe operation of the USPS’s business?  Even if he/she believes it’s unreasonable, the employee must obey the order.  The employee can later file a grievance.
3. Did the USPS, before administering discipline to an employee, make an effort to discover whether the employee did, in fact, violate or disobey a rule or order?  The employee has a right to know what he/she is being disciplined for.  The investigation should be made before disciplinary action is taken.  In too many cases, the action is taken without proper investigation.
4. Did the USPS conduct the investigation fairly and objectively?  (No comment needed.)
5. At the investigation, was there substantial evidence that the employee was guilty as charged?
6. Has the USPS applied its rules, orders and penalties evenhandedly and without discrimination to all employees?  Have other employees been guilty of the same infraction of rules and not received a disciplinary action?
7. Was the degree of discipline administered by the Postal Service in a particular case reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in his/her service with the USPS?  It would not be just to fire an employee for being tardy twice over a six-month period if he/she had an unblemished record for 15 years prior to that.  On the other hand, if the employee has a record of previous offenses, that record should not be used to judge whether he/she is guilty of the latest offense.

Following the above will not guarantee a winner in all grievances, but it should enhance their chances of being settled successfully.  

Good Luck with your case

Bill Lewis
President - Trenton APWU

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Rights Before Postal Inspectors

If questioned by a U.S. Postal Inspector, even if you believe you are not guilty of any wrong doing, it is suggested that you:

• Remain calm;
• Correctly identify yourself;
• Do not physically resist an arrest or a search of your person or property;
• Read aloud to the Postal Inspectors the statement; listed below,
• Remain silent until you have consulted with your APWU representative or attorney, as appropriate.

This is not complete legal advise.  Always consult with a lawyer.

Statement

I request the presence of my APWU representative.  If I am a suspect in a criminal matter, please so advise me.  If so, I wish to contact my attorney.

His/Her name is _______________________________________

Telephone number _____________________________________

If I am under arrest, I request you to so advise me and to inform me of the reason or reasons.

I do not consent to a search of my person or property.  If you have a search warrant, I request to see it at this time.

I do not waive any of my rights, including my right to remain silent.  I will not sign a waiver-of-rights form, nor admit or deny any allegation, nor make any written or oral statement unless my attorney is personally present and so advises me.

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Weingarten Rights

EMPLOYEE'S RIGHT TO UNION REPRESENTATION

The rights of unionized employees to have present a union representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews:

An investigatory interview occurs when a supervisor questions an employee to obtain information, which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.

Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request.

When the employee makes the request for a union representative to be present management has three options:

(1) it can stop questioning until the representative arrives.

(2) it can call off the interview or,

(3) it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)

Once you’ve asked for union representation, any attempt by management to continue asking questions before a union representative gets there is ILLEGAL. If supervisors pressure you by telling you that "you’re only making things worse for yourself" by asking for union representation, that’s against the law too.

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

What to Say if Management Asks Questions That Could Lead to Discipline:

"If this discussion could in anyway lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward by present at the meeting. Without representation, I choose not to answer any questions."

Know the limits:

Just as it’s important to know what your Weingarten rights are, it is also important to know the limits.

You are not entitled to have a steward present every time a supervisor wants to talk to you. Remember, if the discussion begins to change into questioning that could lead to discipline, you have the right to ask for representation before the conversation goes any further. If you are called into the supervisor’s office for an investigation, you can’t refuse to go without your steward. All you can do is refuse to answer questions until your union representative (or steward) gets there and you’ve had a chance to talk things over.

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Chemical/Biological Agents in the Mail

Chemical

Chemical/Biological Agents in the Mail

Who is next?

Are we as a union prepared to assist our members?
By Bill Lewis - President Trenton APWU

The gloves and the masks are gone for most of us. Anthrax is a distant nightmare unless you are still living it. Day after day I hear of another scare; anthrax, ricin and bombs in the mail passing through the hands of our members.

The latest ricin crisis was not a false alarm. Was the APWU prepared to deal with another large-scale plant closing? Did we have the method or means locally to deliver the urgent messages to our membership on receiving medical treatment? What rights do they have and how will they deal with this issue?

How long before there is another postal worker killed, injured or before more lives are disrupted? Can we stop these terrorists? A difficult task, at best. Can we formulate plans to deal with these crises and assist our members? The answer is yes.

One of the most important lessons I’ve learned during the anthrax attack was that the membership wants to be kept informed. Effective communication with your membership during any crisis is paramount. A true leader is someone who will step up and take charge during a disaster. People in general want someone to lead them during these perilous times. The USPS was absent from this role. They were unable to deliver the critical information in a timely manner because they had no means of conveying life saving messages to their employees. They did not have, nor did they earn, the trust of their employees.

As local leaders you must develop a quick method of delivering your message to the membership. An E-Mail list was created in Trenton and employees posted the E-Mail on makeshift bulletin boards. Over sixty percent of the Trenton members have E-Mail. The Postal Service became dependent upon the local’s E-Mail network to deliver the messages of where and when to receive

the antibiotics so desperately needed to save lives. The local’s web page also played an important part in assisting delivery of important information. The local union office became the command post for all employees to call and receive up to date information.

The Postal Service was unable to reach employees during the Trenton anthrax attack. The local’s union membership list then came into play. Locals should update and maintain their membership lists and should also attempt to include member’s phone numbers and email addresses.

It is important that this information be maintained outside the Postal Facility. Once a facility is closed due to anthrax, or another biological/chemical agent, the facility becomes off limits and you cannot access your information. Grievances and other important information should be housed off site and away from these facilities.

Overall, the postal service failed miserably when it came to doing the right thing during the Trenton Anthrax Attack. Some of the “lowlights” are:

• Lack of communication
• Failing to inform employees to receive immediate medical attention
• Contractual rights being violated
• OWCP rights being denied
• Refusal to pay medical bills
• Denying employees claims for lost contents in the building

Postal Management must be held accountable for their actions, and the most effective method is to expose them in the media. Local unions should develop media contacts. The media wants to hear from the union with their version of the events. You must make it as humanistic as possible, detailing the hardships imposed upon employees, the illness, lack of medical care and lack of urgency on behalf of the Postal Service. A press release should be prepared and faxed or emailed to all the news stations and newspapers. The media is also a crucial element in my email network.

Another key is development of a relationship with your political leaders. This includes the mayor, city council, congresswomen/congressmen, senators and staff members. If and when a crisis hits, reach out to them to assist in getting the members the needed medical treatment and support. They will respond! This can effectively result in positive media coverage. As a priority, I keep all my elected officials updated through phone calls, emails and faxes.

Two days after the shut down of the anthrax contaminated P&DC a union meeting was held. The New Jersey Board of Health, US Postal Service and the APWU Safety and Health Department were all invited to update the members and to answer any of their medical questions. The following month the CDC was in attendance to bring them up to speed.

As you can see a comprehensive plan must be developed and implemented when a scare or attack takes place. I have raised this issue at many APWU assemblies as well as our state convention in NJ. All locals will require assistance, whether small or large. The APWU must also have an Emergency Preparedness Plan with representatives available to assist locals. This plan would include:

• Safety and Health
• Legislative Contacts
• Contract Administration
• Media Assistance
• OWCP

The locals should not rely upon Washington or the Regional Coordinators for assistance; they should provide what is necessary at the onset of the emergency.

These plans cannot be developed during the crisis or put into motion without careful and adequate preparation and proper funding.

With the deployment of the new Bio-Detection & Air Filtration Systems more plants will be subject to shut downs due to these systems’ activation. The new systems will detect DNA forcing the local health department to grow cultures to see if the spores are alive. This will definitely cause a disruption in the post office operations.

The Trenton Anthrax Experience

Factual Record / History Of  The Trenton Anthrax Travel Grievances

1. On Thursday, October 18, 2001, the Trenton Processing and Distribution Center in Hamilton Township, New Jersey was closed due to the discovery of Anthrax.

2. Effective Friday, October 19, 2001, the USPS issued a directive stating, “All Trenton Processing and Distribution Center employees will be temporarily reassigned to either the Kilmer Processing and Distribution Center or Monmouth Processing and Distribution Center.”

3. Trenton employees began reporting for duty and working at those facilities on Friday, October 19, 2001.

4. Subsequent to October 19, 2001, on approximately November 17, 2001, some Trenton Processing and Distribution Center employees were assigned to another temporary duty station at South River New Jersey.

5. Commencing November 17, 2001, the Trenton Processing and Distribution Center employees temporarily assigned to the Monmouth Processing and Distribution Center were gradually assigned to the South River Material Distribution Center.

6. Effective December 1, 2001, some Trenton Processing and Distribution Center employees temporarily assigned to the Kilmer Processing and Distribution Center, Monmouth Processing and Distribution Center and South River Material Distribution Centers were temporarily reassigned to the Toms River Post Office.

7. Via notices dated November 13, 2001 and November 14, 2001, the USPS notified the APWU that compensation for travel to the temporary duty stations would not be paid to Trenton employees.

8. Said notices espoused the position that the Monmouth Processing and Distribution Center, Kilmer Processing and Distribution Center and New Brunswick Computerized Forwarding Systems Unit were “within the local commuting area” and, therefore, Trenton employees were not to be compensated for travel time to their temporary duty stations.

The grievances were discussed during the arbitration review process as outlined in the MOU signed by Bill Burrus and Doug Tulino.

The grievances are scheduled for arbitration in accordance with the MOU (1st time).

• USPS and Regional Coordinator agree to the postponement of the first arbitration hearing under their plea and disguise of availability of USPS advocates.

The grievances are rescheduled for arbitration (2nd time).

· USPS has exparte contact with the arbitrator canceling the arbitrator’s appearance after the APWU informed the USPS they would have to move for a postponement at the arbitration hearing before the arbitrator.

· Unilateral cancellation of arbitration date by the USPS. They never notified the union until the arbitrator failed to appear at the hearing.

The grievances are rescheduled for arbitration (3rd time).

• USPS informs the arbitrator they are not available for any dates to hear the grievance.
• USPS notifies APWU that they are appealing the grievances to Step 4 after the arbitrator directs the parties to pick a date after the USPS cancels the third date.
• USPS fails to submit any position to the APWU within the time frame for Step 4 interpretive submission.
• APWU’s Director of Industrial Relation returns the grievances to regional level for arbitration.
• Regional Coordinator requests that the USPS agree to reschedule cases for arbitration.
• USPS refuses to set a date to arbitrate after grievances are returned from step 4.
• USPS notifies the APWU they are appealing the grievances to step 4 for a second time.

The grievances are discussed at step 4.

• The USPS is now requesting to discuss the grievances for the second time at step 4.

How many times are we going to allow the Postal Service additional time to perfect their position?

We Demand This Fraud To Stop!

******************************************************************

Action taken by Trenton Metro Area Local to counter
Management’s Stall/Delay Tactics.

• Media campaign to expose the treatment of Trenton Anthrax victims.
• Massive Internet exposure of management’s abuse of the Step 4 provisions of the CBA to stall and delay arbitration hearings.
• All Trenton Employees sent a post card to Postmaster Potter requesting intervention.
• The Local union is holding hard on other grievances to protest management’s abuse of the Grievance/Arbitration process.
• Withholding of labor by increased grievance investigation.
• The local is moving into Federal Court to compel arbitration. The decision to go to court is based on the extensive record of cancellations and delays of the arbitration dates and the overall refusal by the USPS to arbitrate.
• We are seeking assistance from other locals and state organizations to join in and support our struggle. Sending prepared post cards we have brought to this conference to Postmaster Potter is the start.

The USPS has withheld over 15 million dollars in wages owed to the Trenton APWU members who have been victimized due to the anthrax attack. By the time the Trenton P&DC reopens, the withheld wages owed to the Trenton APWU Workers will exceed 20 million dollars.

Could your facility be the next one closed due to possible future terrorist attacks? The odds of a shut down will greatly increase with the deployment of the new bio detection system this year.

The USPS is counting on the “Black Hole”, which is the Step 4 process of our Collective Bargaining Agreement, delay payment for 10 years or more. We must not allow this to happen.

Yours in union solidarity,
William J. Lewis
President

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