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! 

$734,000.00 Casual in Lieu of Settlement Update!

In our November 9, 2006, flash bulletin we announced the following information:

“The local is pleased to announce that we have recently received a pre-arbitration settlement for staffing violations that occurred in the Minneapolis P&DC between the time period of November 2003 and September 2006.  The violation occurred when management hired and then utilized clerk craft casuals in lieu of career workforce clerk craft employees.

Clerk craft employees with assignments in the facilities that comprise the Minneapolis Installation (Minneapolis P&DC, TCMH, and 554 Stations) will share in the award.  Provided a career clerk craft employee was on the rolls as of the date of the settlement, September 29, 2006, they will be eligible to receive payment dependant upon how many pay periods they were on the rolls during the infraction period.  Payments are expected to vary from under $100.00 up to approximately $550.00 per clerk.

Clerk craft officers and stewards are currently involved in determining the final details regarding proper payout of the award. After these details are reviewed and authorized by your general officers a list will be sent to management in order for them to effect payment.  We will be working as expeditiously as possible in order to facilitate timely payment, ensure accuracy, and proper eligibility.

The Union prefers staffing be administered in accordance with our Contract.  However, management ultimately calls the staffing shots and many times leaves the union no avenue to resolve improper staffing and hiring practices other than the grievance procedure.” 

On November 17, 2006, in compliance with the terms of the settlement the Union supplied management with an excel spreadsheet that listed all the employees who should be paid and the amount each should receive.  The list should then be submitted to the Postal Data Center (PDC) and it should then take no longer that a couple of pay periods to satisfy the settlement and for all to have received payment.

Unfortunately, management has chosen to delay your payment due to not taking the responsibility to make a timely payment happen.  Management’s payment tree works like this:  The terms of the settlement direct the Union to deliver the list of employees to be paid to manager A.  The list is delivered to manager A.  The Union confirms receipt of the list by manager A.   Weeks go by and nothing happens so the Union starts making calls. Manager A says that (due to “internal” policy) they are required to send the list to manager B (In Colorado) for approval.    Calls are made to manager B who has been out of the office, on vacation, gone goose hunting, or engaged in any other excuse you could think of.  The Union continues to pursue the delay and is told that manager B’s boss, manager C, is now in charge of getting it done!  Hope is high as manager C promises he will get right on it and send it to the PDC for payment.  Repeated contact to manager C reveals that he has now misplaced some documents!  According to National Business Agent, Willie Mellen, who signed off on the original settlement, as of Monday, January 22, 2007, the matter is once again back to manager A who is reportedly engaged in a full court press to retrieve the documentation management needs!  Incredibly we are being told that when manager A retrieves this data (instead of sending it directly to the PDC) they are instructed to send it back to manager C who misplaced it in the first place!  Manager C informs the Union as of January 24, 2007, the list(s) will be sent to the PDC! Wonderful system isn’t it?

Unfortunately the Union is left with few administrative options when management neglects to deal in good faith with settlements they have agreed to.  At this point the Union is discussing our options to force management’s compliance.

Regardless if you are an employee who is to receive money due to this managerial infraction or not....all Bargaining Unit Employees of all Crafts are adversely impacted when management fails to live up to what they have negotiated! 

In addition to our administrative options we all need to think about management’s motives when they attempt to bribe, cajole, or demand you to participate in Voice of the Employee (VOE) surveys or any other program they portray as an attempt to enhance your place of employment!   We need to ask ourselves if management is really sincere.  Actions such as this inexcusable withholding of your restitution for their deliberate staffing infractions are a clear indication of what management really thinks of you!  By all these indicators, it isn’t much!

Non-Members....Your refusal to contribute to the only organization that must constantly use valuable resources to force even what should be the most basic managerial responsibilities to its Bargaining Unit only contributes to management’s continued irresponsibility!  As long as you continue to freeload – your credibility with your co-workers should be ZERO!

Three Day Wait for Continuation of Pay (COP)

Despite the hard-fought battle by APWU, on December 2006, President Bush signed into law the "Postal Accountability" and Enhancement Act". Contained in this new law is language which amends section 8117 of the Federal Employees' Compensation Act (FECA). This amendment, which applies only to Postal Service employees, establishes a three day waiting period before continuation of pay (COP) will be paid. COP is paid only for traumatic injuries, i.e. injuries which occur in a single day or work shift. Form CA 1 is used to file a claim for a traumatic injury. A COP eligible employee may use annual leave, sick leave, or LWOP during the three day period. If the inability to work extends beyond 14 calendar days, any leave used will be restored, or if LWOP was used, the employee will be paid.

The rules relating to occupational injuries, i.e. injuries which result from work activity occurring over more than one day, remain unchanged. There is a similar three day waiting period before OWCP wage loss compensation will be paid. However, for these types of injuries the employee must be in a non-pay status for the three days. No leave may be used, but if the inability to work extends beyond 14 calendar days, then compensation will be paid for any wage loss during this three day waiting period.

The effective date for the new COP policy was December 20th, the day the law was signed. It is our understanding that the Postal Service has directed that the following language be included in the explanation of an injured employee's rights and responsibilities:

If as a result of a traumatic injury, you are disabled from work, you are entitled to receive continuation of pay (COP) up to 45 calendar days, or use your sick or annual leave. However, you are not entitled to immediately receive COP for the first 3 days of disability. During this first 3 day period, you may choose to use annual leave, sick leave, or leave without pay. If the disability exceeds 14 days or is followed by permanent disability, you may have your choice of leave used reinstated and receive COP or receive COP for leave without pay used.

Both the USPS and OWCP are in the process of bringing their handbooks and manuals into compliance with the new language.

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