Flash Bulletins are paid for by members of the APWU. Information contained in these bulletins is intended for APWU members. Member questions and/or comments regarding any flash bulletin content are always encouraged. Reading of publications prepared for and financed by dues paying members by those who do not is yet one more example of non-members accepting benefits that have been paid for by others!

APWU Position on Use of Privately Owned Vehicle(s) for Postal Service

Memorandum on the Use of Privately Owned Vehicles: Page 331 2000-2003 Contract & Extensions.

“The parties agree that the following represents the policy of the U.S. Postal Service and the American Postal Workers Union concerning the furnishing of privately owned vehicles (POV) by employees of the crafts represented by the APWU: No craft employee represented by the APWU may be coerced into furnishing a vehicle or carrying passengers without the employee’s consent. The use of a personal vehicle is the decision of the employee and it is not the intent of the parties to discourage such use of personal vehicles when transportation is needed from one postal facility to another or in the completion of the employee’s assignment. When an employee begins his/her work day at one postal unit and is provided transportation to another unit to complete his/her tour of duty, that employee will be provided transportation back to the unit where his/her tour began if transportation is needed. If the employee ends tour at the new location the return trip will not be on the clock but transportation will be provided promptly by management upon request.

In addition, in a 1986 response to a letter from then Vice-President Burrus the regional counsel for the USPS wrote the following:

“Unless there is a contract between the employee and the Postal Service for the use of the private vehicle, there would never be any circumstances in which the Postal Service could order the employee to use his private vehicle. If such an order were given, the employee would be entitled to refuse to obey. It would be a wrongful effort to exert dominion over private property on behalf of the Federal Government. The judicial exercise is quite detailed, and the Postal Service only follows such judicial route under the most unusual of circumstances. This would never be applicable to an effort to require an employee to use his personal vehicle for Postal Service purposes.”

The referenced letter from USPS regional counsel goes on to discuss “private automobile insurance policies.” The letter states; “The Postal Service is entitled to claim the benefits of such insurance policies, even though the premium has been paid by the employee.” We all need to understand this in terms of insurance coverage; 1.) We may not be covered by our insurance, so in an accident we could be liable for all expenses and damages, 2.) If we are covered, the Postal Service could be entitled to the benefits. Simply put, if we don’t have the right insurance we are on our own and if we have the right insurance we have to pay the premiums and the Postal Service may try to claim the benefits. . . . . .Questions?

AMERICA'S WALK FOR DIABETES

In the next couple of weeks, a co-worker may approach you to make a donation to the American Diabetes Association (ADA). Please be as generous as you can. A group of your co-workers has volunteered their time to raise money to fight diabetes by participating in the ADA's America's Walk for Diabetes on November 13, 2005.

The money they raise will help the ADA work towards a cure and improve the lives of people affected by diabetes. That means over 16 million Americans will benefit from their efforts. It may be hard to believe, but diabetes is the fourth leading cause of death in the United States. Each year over 12,000 Americans lose their sight to diabetes and 54,000 Americans lose a foot or a leg to diabetes.

If you would like to make a donation but are not approached by one of our postal team members, you can send a check made out to the American Diabetes 'Association to the Minneapolis Area Local, APWU office at 1234 Fourth Street NE, Mpls, MN 55413.

Your APWU Team Members are: Marilyn Miller Captain, Ethel Wynde, Ifeoma Njaka, Cathy Naughton, Judy Thompson, Bill Usher, Gene Artishon, and Tom Woehrle. Your team would like to thank everyone for their past support and help this year.

Personal Convenience Schedule Changes (PS-3189)

The general and preferred method Postal Employees utilize in order to secure hours and off days of their choice is seniority! Seniority is an accepted and key element in all phases of Postal Employment. Entrusted by our membership with maintaining the integrity of contractual provisions, seniority is just one of many governing elements union representatives must take into account on a daily basis.

For the purpose of this flash we are speaking of “temporary” changes in schedule. Management has the authority and obligation in many cases, to change work schedules of bargaining unit employees. In order to change the hours and/or off days of someone’s regular assignment management will use an Assignment Order which is a postal service form 1723 (PS-1723). When they do this, they may be obligated to pay out of schedule premiums to the employees who are having their regular schedules changed.

Schedule changes can also be accomplished by Personal Convenience Schedule Changes, or 3189’s as they are usually referred to. However, this particular form requires the signature of the supervisor and a union representative. Please keep in mind that the 3189 is a method for changing one’s assignment that can and will be readily abused if the union does not develop and maintain basic guidelines for representatives to follow before signing a 3189.

Because certain scheduling premiums may be waived with a 3189 where they are not with a 1723, management may have that as a motive when attempting to have an employee gain a change of schedule by way of 3189. The 3189 is not intended to be used in lieu of a 1723 and just as the name implies, a 3189 is for an employees’ personal convenience. However, because there are many instances where a personal convenience for one may result in an inconvenience and/or contractual violation to another, the union is required to know the reason their signature is being requested before signing a 3189.

Many people have the idea that as long as they are requesting a schedule change, management has already signed it, and they also want it, then it should be nobody else’s business why they want it. However, as previously mentioned, it is the Union’s ongoing duty to maintain the integrity of our Contract. By asking for the reason we may also determine there would be a better way for one to attain the schedule they desire and assist them with accomplishing what they desire. Indiscriminate and unlimited signing of 3189’s can, and probably will violate the rights of the whole for the benefit of a few. Due to this and some of the other reasons we have mentioned we require our stewards and officers to follow a basic policy when entertaining a request to sign a 3189.

Generally speaking, 3189’s should be an exception and not a norm and they should not be for management’s convenience or requirements. Remember, that is why they have 1723’s. In most cases a person should not have more than three (3) months of schedule changes in a calendar year. Our local’s printed policy on Personal Convenience Schedule Changes can be requested from your steward. Once again, member’s questions, comments and/or concerns can be addressed by your steward.