Judge Rules Postal Unions Privacy Lawsuit Against USPS OIG May Proceed
APWU News
Postal workers won an important legal victory March 30, when a district court judge upheld the right of the APWU and the National Association of Letter Carriers (NALC) to pursue a lawsuit against the USPS and the USPS Office of the Inspector General (OIG) for “widespread and systematic intrusions” into the medical records of their members.
Judge Denny Chin, of the U.S. District Court for the Southern District of New York, rejected a motion by the Postal Service and OIG to dismiss the unions’ suit.
The APWU-NALC complaint, filed Jan. 17, 2008, asserts that, beginning in 2006, the OIG began surreptitiously seeking and obtaining the medical records of postal workers directly from doctors and hospitals that had provided medical services to postal employees. The suit alleges that the OIG has instructed medical providers that they must submit records to the OIG and that they should refrain from notifying affected employees that the records have been requested.
The OIG defends the practice — which continues — claiming it has a right to review the medical records as part of its oversight and investigatory activities.
The unions’ lawsuit asserts that the practices:
- Constitute an unlawful invasion of privacy;
- Extend beyond the authority of the OIG;
- Violate postal workers’ constitutionally protected right to privacy, and
- Amount to unreasonable searches and seizures.
The complaint contends that by intruding into the private medical records of postal employees, the USPS and OIG have violated the Privacy Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Fourth Amendment.
The U.S. Attorney, acting on behalf of the Postal Service and OIG, moved to dismiss the complaint on June 6, 2008, arguing that the unions lacked “standing” to bring the lawsuit. The case wasn’t suitable for a “representative” action, the USPS and OIG asserted, because “resolution of the claim requires individualized proof” of violations of the law. They also contended that the unions’ lawsuit “fails to adequately allege how the policy violates the HIPAA Privacy Regulations and the Privacy Act,” and suggested there was “no reasonable expectation of privacy” because the records were not in the possession of the employees.
Judge Chin rejected the USPS and OIG arguments. “Although a person’s ‘privacy right in his medical records is neither fundamental nor absolute,’…. USPS employees have — at a minimum — standing to bring suit based on a reasonable expectation of privacy in their medical records,” he wrote.
The judge compared the expectation of privacy for medical records held by healthcare providers with the protection of documents people leave with their lawyers. “This is because the client has a subjective expectation that such papers will be kept private and such expectation is one society recognizes as reasonable.”
Chin also rejected the USPS and OIG argument that the unions had no standing, saying the unions’ contentions do not require “individualized proof.”
APWU President William Burrus praised the judge’s decision. “I am pleased that the APWU — together with the NALC — will be able to continue our efforts to protect the privacy of our members. This is only the first round of what may be a long fight, but Judge Chin’s decision is very encouraging.
“I am outraged that the OIG would use the tactics of a police state to investigate workers compensation or sick-leave cases, Burrus said. “The OIG has no legitimate business investigating routine personnel matters.”
USPS Loss $658 Million In February 2009
USPS discloses that its unaudited February 2009 financial results is an estimated net loss of $658 million. Year-to-date loss is $1.8 billion. see report submitted to the Postal Regulatory Commission (PDF).
USPS To Expand National Reassessment Process With New Pilot Program??
From PostalReporter.com reader:
“The Postal Service has announced it intends to expand the National Reassessment Process by implementing a Pilot Program for Limited Duty Modified Assignments. That should mean those who have not met their maximum medical improvement. It will be a “Pilot” program in 4 districts nationwide. USPS has set up a meeting with National on April 22 to discuss their intentions, which we all know is to reduce the workforce any way they can. I have been a rehab for approx 18 years. I have a full work day with more than enough to keep busy. USPS has had a stand up in the Santa Ana district saying they intend to start it ASAP (before the national meeting in April). But they intend to use this “Pilot” program to circumvent the established process of interviewing employees. They are saying that anyone not performing “productive and necessary work based on operational necessity” will be targeted. My manager said that means that any rehab, not only the limited duty assignments that USPS nationally has said would be included in pilot, will only be working an hour or two a day, then will be sent home. This is an obvious violation of the established NPR program. Has anyone else out there heard of this railroading policy happening in their area?”
Bill to Limit Postal Subcontracting Introduced in House
APWU News
Rep. Stephen Lynch (D-MA) introduced legislation in the House of Representatives on March 24 that would restrict USPS subcontracting. The Mail Protection Act (H.R. 1686), which is backed by the APWU, is modeled on a bill the Congressman introduced in November 2007 (H.R. 4236).
The bill would require the Postal Service to bargain with postal unions before engaging in significant subcontracting, and would require the USPS to submit to arbitration if management and the affected unions were unable to reach agreement. It would apply to any private contract involving mail processing, mail handling, or surface transportation of mail, provided that over a 12-month period the contract involved the equivalent of $5 million or 50 work-years.
“This legislation is vital,” said APWU President William Burrus, “especially in light of the Postal Service’s recent financial difficulties. “There is no justification for continued subcontracting while postal employees and equipment are under-utilized.
“Yet the USPS continues to engaging in subcontracting, and, under the terms of the current Collective Bargaining Agreement, is able to avoid bargaining over the issue.”
“The requirement to bargain will enhance our ability to oppose wasteful, inefficient and detrimental subcontracting,” Burrus said. “Too often, contracting out ends up costing the Postal Service more money than if the work were performed by postal employees, and contractors’ service to the public is poor.”
“I applaud Rep. Lynch for introducing this bill, which will be beneficial for the Postal Service, postal workers, and the American public,” the union president said. “The APWU will work with him to help gain co-sponsors for the legislation, and to win support for a companion bill in the Senate.”
Burrus urged postal workers to contact their representatives and urge them to support it. “It is imperative that members of Congress hear from their constituents that this legislation is important to the future of the Postal Service and to postal workers.”
APWU activists at the state and local level should make plans to win support from lawmakers, Burrus said.
“We have a great deal of hard work before us,” he said. “We must do everything we can to see that H.R. 1686 is passed.”
USPS OIG Finds More Millions Wasted on Fedex Contract
The Postal Service first entered into a contract with FedEx to provide air transportation in 2001 for $6.3 billion. On Aug. 2, 2006, the USPS announced that it had ‘truncated the original contract and signed a new seven-year agreement that included an “immediate price reduction in all contract categories.” The revised contract allowed the Postal Service to continue outsourcing Terminal Handling Services (THS), which sort and prepare mail for FedEx.”
Air Networks – Federal Express Transportation Agreement
OIG audited Three of Nine USPS Areas (Southwest, Pacific and Western) to determine whether selected transportation operations were effective and economical. the Southwest was the most recent USPS Area audited.
The OIG found that USPS incurred over $50 million in unnecessary costs by the use of “expensive FedEx transportation to move mail that could have been moved on low-priced surface transportation or on less costly passenger airlines. The OIG also concluded that USPS could save at least $267 million over a 10-year period if management used “ground transportation and domestic air carriers, and to sort mail at U.S. Postal Service plants in some cases, than to use FedEx to perform these functions.” Of course these figures could increase if OIG audits the remaining six USPS areas (Eastern,Great Lakes, New York Metro,Northeast, Southeast and Capital Metro) .
Here’s an overview of the costs on the three USPS areas:
Southwest (PDF) – $9 million in unnecessary costs, save $44.3 million over 10-year period =$53.3 (recent audit)
Pacific (PDF) – $17.8 in unnecessary costs, save $45 million over 10-year period = $62.8 million
Western - $23.7 in unnecessary costs, save $117.6 million over 10-year period = $141.3 million
Archive: USPS Wasted $17.8 Million on FedEx Contract
USPS Running Amuck With So-Called “Migration Plans”
By Omar M. Gonzalez, APWU Western Region Coordinator
The PMG plans to cut 100,000,000 work hours in 2009 so Area and District managers are running amuck with their so called “Migration Plans.”
Throughout the United States, from Puerto Rico to Hawaii (and all parts in between) management has declared an excess of postal employees and is using the economy and the decline of mail as the excuse to implement, in full force, their Network downsizing.
No employee is immune. Beginning Saturday March 14, 2009 a 15-20% cut in supervisors/managers was implemented, so just about everyone in the Post Office will be affected one way or another. Thousands of postal employees are scrambling for jobs.
The problem is the way in which management is “repositioning” craft employees. Because of union protection against lay off, management has to find jobs for dislocated employees.
Management’s Strategic Plan I (2002-2005) and Phase 2 (2005-2010) and Evolutionary Network Development deal with excess capacity and excess capital. This was before the recession began in 2007 and declared in late 2008.
Network realignment has been part of management’s plan and was included in the report of Bush’s Presidential Commission on the US Postal Service. In June 2008 USPS submitted the Network Plan to the US Congress before the recession was declared.
Network realignment is a major component of the Network Plan issued to Congress. It as three major parts:
• Closure of Air Mail Centers
• Elimination of excess Mail Processing in P & DCs
• Transformation of the BMCs
Vision 2013 is a plan to revamp and/or curtail retail activity by:
• Redirect customers to non postal vendors
• Reduce patron transit time, streamline customer processing
• Expand self-service options
• Relocate retail units, change hours
• Separate Retail from Delivery
• Share space with competitors
• Have carriers do more house calls and provide retail services
• Use more CPUs and establish some Post Office Express (POE)
Management’s mess is going to get worse and not just junior employees will feel the pain of migration. The Union is challenging contract violations but we need your continued support!
note: USPS has expanded the distance in which employees can be excessed from 100 to 500 miles. USPS is also excessing Clerks into letter carrier and other crafts.
NAPS Urges The Postal Service to Cut Top Management Ranks
Excerpts from the National Association of Postal Supervisors Legislative & Regulatory Update:
“NAPS President Keating called upon the Postal Service to strip away top levels of management and take other cost-cutting moves, during testimony before a House subcommittee on Wednesday.
His comments came during a hearing of the House federal workforce and postal oversight subcommittee on the financial crisis facing the Postal Service, at which Postmaster General Jack Potter warned that, unless the Congress provides financial relief, the Postal Service will run out of money by the end of the year, September 30.
Keating joined the call for urgent action on HR 22, which would permit USPS to pay its current retiree health benefit costs differently, but went further and pointed to ways that the Postal Service could cut significant costs and improve operations.
He urged the Postal Service to consolidate its nationwide management structure from ten geographic areas to five, calling the current framework “far too large, bureaucratic and costly to be allowed to continue to exist.”
“By reducing and consolidating its top management structure, the Postal Service would eliminate needless bureaucracy, save costs, and operate more efficiently,” Keating said. ”It is time that the Postal Service apply the same rigorous cost-cutting scrutiny to the numbers of its upper ranks as it is applying to middle and lower-management.” Keating’s call came after the Postal Service last week announced the closure of six district offices and the elimination of 1,400 processing supervisor and management positions.
Keating also criticized the Postal Service’s practice of buying the homes of relocated employees and called for the end of the practice. ”Recruitment and retention incentives can be provided through sufficient other means, without the need for home purchases that cause the Postal Service to rack up significant losses,” Keating said.
Additionally, Keating took aim at the practice of USPS district managers detailing supervisors and managers to positions that, Keating said, don’t officially exist in the USPS personnel structure. Keating said the practice, which involves hundreds of supervisors in ad hoc positions, is costly and harms productivity. ”This is only one of numerous problems that NAPS and the postmaster organizations have raised with USPS, in light of the savings and management efficiencies that could be secured. Like so many of our recommendations, they have been ignored by USPS top management,” Keating said.”
USPS Fails To Notify APWU About VERA
APWU News
USPS Releases VERA Info, Fails to Notify Union
Although the Postal Service has failed to provide official notice to the union as of March 27, management has posted information about Voluntary Early Retirement (VER) on its employee Web site, LiteBlue.
According to the posting, VER will be offered to all eligible employees except Electronic Technicians (ET), Maintenance Mechanics, Mail Processing Equipment (MPE) Mechanics, and Part-Time Postmasters.
To be eligible, employees must be 50 years of age with 20 years of creditable federal service or any age with 25 years of creditable federal service. Eligibility requirements must be met by the effective retirement date of the VERA, July 31, 2009.
Click here for A VER timeline.
“I am extremely disappointed that the Postal Service neglected to give official notice of this information to the APWU,” said President William Burrus. “This is a violation of management’s obligation under the Collective Bargaining Agreement.
“In addition,” he said, “in this era of financial uncertainty, when the USPS management is asking employees for cooperation and understanding, management must set an example. Unfortunately, they failed to do so.
“Retirement is a personal matter,” the APWU president noted, “and the union defers to the decisions of eligible employees. However, the APWU continues to challenge the Postal Service’s authority to offer VER without including severance pay.”
Arbitrator Rescinds APWU, USPS 2006 MOU Regarding Limited Duty Postal Employees
Arbitrator Das, ruling in an NALC grievance in which the APWU intervened, ordered the Postal Service to rescind changes agreed to by the APWU and the USPS in a 2006 MOU “Re: Limited Duty and Rehabilitation Assignments Within APWU Crafts Involving Workers from Other Crafts.” The MOU provided that the reassignment or reemployment of an employee injured on duty was required to be “accomplished through Article 13 of the National Agreement applicable to the craft to which the employee is being reassigned.” The NALC objected that the change would adversely affect language in Article 13 of the NALC agreement, and that the Postal Service could not make these changes without negotiating with the NALC.
Click here for a copy of the arbitrator’s decision http://www.apwu.org/dept/ind-rel/awd-set/Q01N4QC07229522ELM546Revision.pdf
Oakland APWU Urges Congress To Investigate The Postal Service
The American Postal Workers Union Local in Oakland, California via the following petition is urging Congress to investigate the Postal Service’s business practices :
The Honorable Senator Diane Feinstein
United States Senate
331 Hart Senate Office Building
Washington, DC 20510
The Honorable Senator Barbara Boxer
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
The Honorable Representative Barbara Lee
United States House of Representatives
2444 Rayburn House Office Building
Washington, DC 20515
Dear Senators/Representative:
We, the undersigned Oakland Local APWU members (510) 635-8497, Oakland Post Office P&DC bid cluster Postal Service employees, union officials, customers, concerned citizens, and constituents of the 9th Congressional District, over the years have stood by helplessly and dismayed as the Postal Service deteriorated. The methodical decline of the Postal Service has been primarily caused by a conspiracy involving special interest groups, Postal Service Headquarters, and some members of Congress, with the objective of privatizing the Postal Service. We have watched as Postal Service Headquarters pandered to large mailers to the detriment of the public, small businesses, non profit organizations, Postal Service employees, and the Postal Service itself.
For years, management has falsified figures regarding the volume of mail processed and delivered at the Oakland Post Office P&DC bid cluster (1675- 7th Street, Oakland, CA 94615); understaffed postal operations based on falsified figures; and used inept managers to run these operations using outdated equipment that is in serious disrepair. These practices have caused delayed mail delivery, the closure of facilities, hiring freezes, unsafe working conditions, blatant violations of Federal laws and the employees’ Collective Bargaining Agreement, and the loss of numerous Postal Service jobs.
It is time for the new leadership in Congress and the new administration to take a serious and sincere look at the Postal Service’s business practices. We urge Congress to conduct a comprehensive and thorough investigation of the Oakland Post Office P&DC bid cluster, that will include interviews with craft employees and visits to all facilities.
Privatizing the Postal Service would give private industry a responsibility that it cannot handle adequately and mail would not be under the protection of Federal law. People living in remote areas would be denied mail service or it would become very expensive for mail because of delivery cost and volume. Moreover, many jobs would be lost.
Yes, it is true, the Postal Service has its problems just as other businesses do; however, the United States Postal Service moves more mail more cheaply and efficiently than any other government or private systems in the world.
The Postal Service is a vital public service. It connects citizens like nothing else. You can be at the bottom of the Grand Canyon, in prison, or even homeless, yet you still get your mail. Now it’s time to revive the Postal Service for the common good and to protect a service that citizens need and deserve.
