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NEWS YOU CAN USE ARTICLE 1 - Union Recognition and Bargaining Unit Work ARTICLE 8 - (from Trenton Metro) Overtime, the 12/60 limits and remedies ARTICLE 13 - Light and Limited Duty ARTICLE 14 - Safety, 1767s and Hostile Work Environment ARTICLE 17 - Steward Representation and the Postal Inspection Service ARTICLE 21 - Injury Compensation and COP ARTICLE 30 - Local Memorandum of Understanding While no one expects even the most seasoned shop steward to be familiar with every Manual, Arbitration Award, and Document that collectively make up "THE CONTRACT," every Union member should at least possess a basic working knowledge of the Articles of the Collective Bargaining Agreement. In this book are contained your rights, the rights which past and present Union members have fought long and hard to win and maintain. These rights are founded upon principles of fairness and decency. Nonetheless, "fairness and decency" are not principles willingly recognized by employers. Long before there was an APWU, others gave their lives in the fight to have these principles applied to working men and women. Were it not for men/women like Joe Hill, executed for his Union beliefs, you would probably never have heard of such things as "overtime pay," "seniority," or "minimum wage." Were it not for these men and women, you might well be working 20 hours a day, in unsafe and unsanitary conditions, for whatever crumbs the Boss Man decided to part with. Know your rights, and appreciate them. CHERISH THEM. EXERCISE THEM! Rights are far easier to lose than to gain. It is a pity that some fools choose to give them away, sometimes through sheer neglect. It is a pity that some wish to feed off of the Union's labors without contributing to the cause. Remember that YOU ARE THE UNION. A handful of stewards and officers cannot hope to stave off a management hell-bent on taking your rights away without an army of members standing beside them. When the members stand together, all things are possible. In UNITY there is STRENGTH; in KNOWLEDGE there is POWER. In the pages of this site are contained basic explanations of some of your rights. The issues discussed are some of the most frequent encountered by stewards and members alike. The information is, relatively, timeless (new issues and contract changes will more likely be discussed in our "Up Front" section). The fact that we are still fighting about "Bargaining Unit Work," and the like, after all these years, is proof that the battle is never over. As John Philpot Curran observed over 200 years ago, "The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt." In the end, it will not matter to your boss that you are honest, obedient, hard working, diligent, rarely late or absent, "your silence will not protect you" (Audre Lorde); if the Union falls, they will crush you without hesitation. But if we stand united, the Union shall not fall. The struggle continues. --Martin Johns (Red Bank Local), 8/7/02
The Red Bank Local, APWU, AFL-CIO, is a non-profit organization.
ARTICLE 1 Article 1 of the Collective Bargaining Agreement is entitled "UNION RECOGNITION." It is this Article which serves to recognize the American Postal Workers Union as the EXCLUSIVE representative for all Postal Clerks, Maintenance Employees, Motor Vehicle Employees, Mail Equipment Shops Employees, and Material Distribution Centers Employees, regardless of whether those employees are members or not. No such employee may negotiate the terms and conditions of their employment without the APWU. Nor does any such employee have the authority to waive any of their contractual rights without the knowledge, consent, participation, and agreement of the APWU. The APWU must be a party to any grievance settlement or that settlement is not valid and will not stand (Prearbitration Settlement in Case #H7N-5R-C 26829). ARTICLE 1.6 BARGAINING UNIT WORK In Post Offices or installations with 100 or more employees, supervisors are prohibited from performing Bargaining Unit Work except under the following circumstances:
In smaller offices, supervisors may only perform such work under the listed conditions or when such duties are included within their job description. An "emergency" is defined, in Article 3.F, as "an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature." A supervisor MAY NOT place mail on Manual Distribution ledges (AC-C 24024/5-HIL-1082) or load FSM or Automation feeders except for the above purposes. As a general rule of thumb, if a supervisor is touching the mail, he is performing Bargaining Unit Work. Even if a supervisor performs Bargaining Unit Work for only a few minutes, but does so on a regular or daily basis, he is violating the contract. It is also worth noting that an Acting Supervisor (204-B) is not permitted to perform Bargaining Unit Overtime. That is to say that a 204-B may not perform his bid job on overtime during, immediately following, or immediately preceding a detail as an Acting Supervisor until or unless all other personnel have been utilized. Often, employees will not complain about the craft work performed by supervisors, believing that this is somehow making their work easier. HOWEVER, we have entered an age of EXCESSING and JOB ABOLISHMENTS and such behavior CAN NO LONGER BE CONDONED. The more Bargaining Unit Work these supervisors can get away with, the more jobs the Postal Service can eliminate. THE NEXT JOB THEY SEEK TO ABOLISH MAY BE YOURS! To protect your job, it is essential that you report all such infractions, however brief, to your Shop Steward. THE JOB YOU SAVE MAY BE YOUR OWN!
ARTICLE 13 Article 13 is intended to establish the procedures by which sick or injured employees are to be accommodated, on either a temporary or permanent basis, to the extent possible. Article 13.1.B begins,"The U.S. Postal Service and the Union recognizing their responsibility to aid and assist deserving full-time regular or part-time flexible employees who through illness or injury are unable to perform their regularly assigned duties..." Thus, contrary to the reality we have all experienced, accommodation of ill and injured employees is a "RESPONSIBILITY" for the employer. The dictionary defines "responsibility" as "an obligation." Under Article 13, management is required to make "every effort" to find work for the ill and injured, regardless of whether such illness or injury was work-related, including work of another craft (such assignments may not be to the detriment of the other craft). On the other hand, an employee temporarily unable to perform their job functions may not be forced to take a Light Duty assignment, if they would prefer to use their Annual or Sick Leave. Employees may also be protected under the Rehabilitation Act or the Americans with Disabilities Act, depending upon the precise circumstances. Veterans may have additional rights under the Hoover Act and/or MSPB. LIGHT DUTY AND LIMITED DUTY As reported in the July/August 2001 issue of The American Postal Worker, the Equal Employment Opportunity Commission (EEOC) has ruled that the Postal Service violated the Rehabilitation Act when it denied the Light Duty requests of a former custodian. To recap, briefly, the custodian had sustained long-term back and neck injuries in an off-duty 1998 car accident. The Postal Service argued that the law requires them to accommodate persons injured ON the job but not necessarily those injured OFF the job. The EEOC rejected this position, stating, "As the Commission has previously instructed, the distinction between light and limited duty has no bearing on the agency's [i.e. Postal Service's] duties under the Rehabilitation Act." The Postal Service is currently engaged in a war against the membership in which they seek to eliminate all "non-productive" workers from the rolls. Their definition of "non-productive" seems to be anyone below Level 16 who receives a paycheck. The injured, infirmed, and disabled are at the top of the USPS hit list. In an article published in the Federal Times in March 2001, it was reported that the USPS has sent directives to their managers to review all cases of injured employees with the intent of removing those who could not be returned to regular jobs. In that article, Postal officials claimed the "program" was being conducted with the knowledge and support of the Department of Labor and the Office of Workers' Compensation Programs. However, Michael Johnson, chief of the office's technical assistance branch, maintained that OWCP had no knowledge of the "program" and that the office had received many complaints and inquiries. While the EEOC ruling was certainly welcome, it has always been the Union's position that "Light" and "Limited" Duty employees are entitled to the same considerations. The most definitive ruling on Article 13 came from Arbitrator Richard Mittenthal in a National Level decision issued on November 14, 1983 (H8N-5B-C 22251). Arbitrator Mittenthal stated, "Article 13 is much broader than the Postal Service is willing to admit... These words draw no distinction between injury on or off the job. They also speak not just of 'light duty' but of 'other assignments'." Mittenthal concluded that "light" vs. "limited" duty "is a distinction without a difference." On May 29, 1984, Arbitrator R. W. McAllister held, "Article 13...places an affirmative duty on the Service to take substantial steps toward finding an employee such an assignment," and that the Service bears the burden of proving "every effort" has been made (C1C-4F-C 4768). Two days later, Arbitrator G. T. Roumell, Jr. ruled that, although not a guarantee, light duty employees are entitled to eight hours work if eight hours of work are available (C1C-4F-C 18118). Management also may not unilaterally terminate all light duty assignments (Step 4, H1C-4A-C 35760), nor should they require renewed requests and updated medical information "every thirty days" (Arbitrator Janice Irvine, F90C-4F-C95055682). Arbitrator Joseph S. Cannavo provided some compelling language on the subject in March 2001. Arbitrator Cannavo stated, "Nowhere in the National Agreement, in the LMOU, or in arbitral authority or any other precedent setting documents is there authority granted to a supervisor, at any level, to terminate a light duty assignment unilaterally" (A94C1AC98025993). While one might be tempted to believe that the EEOC ruling would, once and for all, settle the issue, management's assault on the rights of the sick and injured will, undoubtedly, continue. Indeed, some might argue that the USPS has already embarked upon a new plan of attack--i.e. if we can't eliminate the workers, we'll eliminate the work. We must be just as vigilant in our defense. When management argues that they must abide by the law but not necessarily the contract, we must fiercely argue that the results of Collective Bargaining are of greater, not lesser, sanctity. We, further, should argue that management face tangible financial penalties (beyond the "make whole" remedy), for it is the lack of such accountability that gives rise to their argument.
ARTICLE 14 "It is the responsibility of management to provide safe working conditions in all present and future installations and to develop a safe working force. The Union will cooperate with and assist management to live up to this responsibility." Remember that YOU are the Union; therefore it is your responsibility to work safely and to bring to management's attention any potential safety hazard. For their part, management promises to respond to your complaints, promptly abate unsafe or unsanitary conditions, and otherwise abide by the relevant portions of the Occupational Safety & Health Act. In EL-801, Supervisor's Safety Handbook, it is plainly stated that Safety MUST come first: "Give safety priority. Don't ever let quality, production, or cost considerations compromise safety or fire protection." At least one Arbitrator has ruled that management's responsibilities under Article 14 are greater than the requirements imposed by OSHA (D98C-1D-C 00109382). ARTICLE 14.2 "THE APPROPRIATE FORMS"--1767s The "appropriate form," referred to in Article 14.2, for reporting safety hazards, is Form 1767. The 1767 is your INSURANCE POLICY. By law, management must respond to and retain these "hazard complaints." Management will never be able to say that they were unaware of a potential hazard, or that an injured employee was at fault, if a 1767 is filed. A 1767 is filled out on the clock. You should describe the hazard in as much detail as you can, explain why you think it is a hazard, and include your recommendation for correcting the hazard. Give the 1767 to your supervisor. Your supervisor must investigate, record his recommendations, and return the blue copy to you ("as a receipt") by the end of your tour. Since the contract states that the supervisor "MUST" investigate, you should not be content with an answer such as, "forwarded to maintenance," or even "no hazard exists"; such an answer does not sufficiently show that the supervisor investigated your complaint or concern. If the "Approving Official" section is blank, management is required to respond to your complaint, in writing, within 15 days, whether or not they agree a hazard exists. If they agree that a hazard exists, your supervisor must verbally notify you every week of the hazard's "abatement status." The only way to compel management to do as they are legally and contractually required is to INSURE YOUR INSURANCE POLICY. To do this, you must see your shop steward from the beginning and at every stage of the process. Always MAKE COPIES! It is not unusual for management to "lose" your 1767, or for your complaint to disappear into the great abyss; if you don't make copies, there will be no proof that a 1767 was ever filed. Often, management will respond that "no hazard exists" or, for certain complaints, that the 1767 is "not the proper form." Managers, for whatever reason, are annoyed by employees exercising their rights. Too bad! It is important to note that what you use form 1767 to report is entirely up to you. Article 14.2 states, "IF AN EMPLOYEE BELIEVES...". So who determines if a hazard exists? The contract says THE EMPLOYEE DOES! No matter how "annoyed" a supervisor or MDO may be by the filing of 1767s, retaliation in any way is AGAINST THE LAW! If you feel management has retaliated against you for reporting a safety hazard, see your shop steward IMMEDIATELY! He/she will help you to file an 11 (c) complaint with OSHA, or will file one on your behalf. You do have the right to file a 1767 anonymously, through the Safety Office. However, it cannot be emphasized enough that your best protection is to be officially on record. If you feel management has failed to correct or properly address the hazard, file another 1767. Request Union time EVERY TIME the unsafe practice is repeated, or EVERY DAY the hazard exists. File a 1767 EVERY TIME or EVERY DAY. File a grievance EVERY TIME or EVERY DAY. Sooner or later, management may address your complaint if only to make you go away. At the very least, management will NEVER be able to claim that they were not aware and they will NEVER be able to blame you. HOSTILE WORK ENVIRONMENT Your right to a safe and healthful work environment includes your right to work in an atmosphere free from harassment, threats, fear and intimidation. In a 1996 National Level Arbitration case (meaning that the decision is an official part of the contract and applies to all Postal Workers in every facility), Arbitrator Carlton Snow ruled that The Joint Statement On Violence And Behavior In The Workplace is a contractual commitment which applies to all Postal Service employees, including supervisors and managers (Q90N-4F-C 94024977/94024038). Arbitrator Snow further held that the Union may seek, and Arbitrators may impose, discipline or removal of abusive supervisors. To date, at least one abusive supervisor was removed from the Service, though that decision was overturned in the courts. The point being made here is that a claim of "Hostile Work Environment" is an entirely appropriate use of Form 1767, even if management feels otherwise. Indeed, it is almost essential that a 1767 is filed for such situations. The 1767 serves as official notice to management that a problem may exist. It is then their obligation to investigate the complaint and, if warranted, take appropriate action. Almost invariably, management will respond that "no hazard exists" without any investigation. However, if the Hostile Work Environment continues, or escalates, management's failure to investigate and take appropriate action when notified should be held against them. Once again, remember that the 1767 is an official government document which MUST be retained. Again, your best protection is being officially on record from the earliest possible point. Depending on the nature and severity of the Hostile Work Environment, there are several avenues of action available to you, including the grievance process, EEO, NLRB, OWCP, etc. Please see your shop steward to determine the best course of action for your circumstances. You have a right to a safe and healthful working environment. You have a right to report a hazard. You have a right to see a shop steward. You have a right to file a grievance. Failure to exercise your rights will inevitably lead to their forfeiture. Don't assume someone else will take care of it. If you fail to exercise your rights where safety is concerned, the person who gets HURT may very well be you. When you think, "why hasn't the Union done anything about that?", remember that THE UNION IS YOU!!
ARTICLE 17 Article 17 of the Collective Bargaining Agreement is the article which specifically details the rights of Union stewards. For example, Article 17.1 states, "Stewards may be designated for the purpose of investigating, presenting and adjusting grievances." It is well established that stewards are designated by the Union, either through election or appointment, and that the Union is the sole determiner of what constitutes a grievance or potential grievance (National level arbitrations in cases H7N-5C-C 12397 and H4T-2A-C 36687). Article 15 defines a grievance in the very broadest parameters, meaning management should never presume to tell the steward, "you don't have a grievance." An employee's right to Union representation stems from the applicable laws, such as the National Labor Relations Act and Weingarten, but is covered by Article 17. The Powell/Mullarski Memorandum, an Agreement between the parties, states that "Normally, 95% of the time" a steward or employee shall be released "without delay." When a delay is unavoidable, it should not exceed two hours. (This is where management, misinterpreting the Agreement, frequently references that they have 2 hours--the Agreement states they do in only 5% of all cases). In the worst case scenario, in a minute fraction of cases, delay will not extend beyond the beginning of the following day's tour. Unwarranted delay of any duration should be grieved. ARTICLE 17.3 THE POSTAL INSPECTION SERVICE "If an employee requests a steward or Union representative to be present during the course of an interrogation by the Inspection Service, such request will be granted. All polygraph tests will continue to be on a voluntary basis." The Postal Inspection Service performs a lot
of functions. To be fair, many of these functions are worthwhile, commendable in
fact. However, if you, as a Postal employee, are summoned by the Inspectors, it
is likely that they are after your job. Perhaps even your freedom. If no steward is available, the interview
should be terminated or suspended. Still, the Inspectors will attempt to
continue. Don’t.
ARTICLE 21 Article 21 of the Collective Bargaining Agreement governs the Postal Service's obligations to provide certain benefits for APWU employees. For example, Article 21.3 provides that APWU employees' retirement is administered according to Chapters 83 and 84 of Title 5 of the US Code. Article 21.1.B states, "The bi-weekly Employer contribution for self only and self and family plans is adjusted to an amount equal to 85% of the weighted average bi-weekly premiums under the FEHBP as determined by the Office of Personnel Management." The difference between what the Postal Service contributes to our health plans and what "the Employer" contributes to the health plans of other Federal employees more than covers the cost of your Union dues. ARTICLE 21.4 INJURY COMPENSATION AND COP The Postal Service shall comply with the regulations of the Office of Workers' Compensation Programs (OWCP). An employee who is injured at work, or has an injury or illness they believe may be work related, should report the injury to their supervisor as soon as they become aware that the injury or illness may be work related, even if no time has been lost from work. There are two types of work related injuries. The first is "traumatic," meaning it occurred within a single shift and is clearly identifiable as to time, place, cause and body part affected. The second type of work related injury, "occupational," occurs over time after repeated exposure to some condition at the place of employment. For example, Repetitive Motion Injuries are "occupational" injuries. The only factor in determining whether an injury is traumatic or occupational is the length of exposure. Form CA-1 is used to report traumatic injuries, while occupational illnesses are reported on form CA-2. These forms are to be supplied by the Employer, upon request. You may also download these forms directly from OWCP (see our Links page). An injured employee has the right to the physician of their choice and it is highly recommended that you choose your personal physician. While a single visit to the company doctor will not make him/her the doctor of record, repeated visits or acceptance of treatment will. An employee who suffers a work-related traumatic injury is entitled to and may select Continuation of Pay, or COP. COP is NOT compensation. COP is the Employer's legal obligation to continue a traumatically injured employee's pay WITHOUT INTERRUPTION for up to 45 days. This is not the Employer's option, nor may they "defer" to the Office of Workers' Compensation or await approval of the claim. Allowing such behavior by the Employer defeats the entire purpose of COP--which is to continue the pay of a traumatically injured employee without interruption. 20 CFR, Part 10, subpart C, section 10.200 (c) provides that, "[t]he employer must continue the pay of an employee who is eligible for COP, and may not require the employee to use his or her own sick or annual leave." Even when the Employer controverts, or challenges, the employee's right to COP, the COP must be paid. To be eligible for COP, an employee must:
The employee must also provide the Employer, within 10 calendar days of the COP selection, with medical evidence which, on its face, supports the employee's contention that they are "disabled". 20 CFR, Part 10, subpart C, section 10.220 provides: "An employer shall continue the regular pay of an eligible employee without a break in time for up to 45 calendar days, except when, and only when:
When an employee submits a CA-1, whether they select COP or not, management MUST immediately provide the employee with a copy (as receipt); this is to occur before they fill out their part of the form (it should go without saying that they must provide a copy of their portion of the CA-1 upon completion). Along with a copy of the CA-1, management must provide the employee with a CA-16, authorizing the initial period of treatment. A CA-16 should be provided within 4 hours, but no later than 48 hours after the injury. Management may not coerce or coax an employee to waive their right to COP, nor any other right they are legally entitled to under the Act. If COP is requested and denied, the Employer must immediately so notify the employee and provide the detailed reasons for doing so. This detailed explanation must also be provided to OWCP. A CA-1 or CA-2 must be forwarded by the Employer to OWCP within 10 calendar days of the date it was submitted by the employee.
The Red Bank Local, APWU, AFL-CIO, is a non-profit organization.
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