USPS Subcontracted Online Employee Training Program Causing Problems
Filed under: APWU, contract, postal, postal clerks, postal news
New Online Program for Postal Employees makes it next to impossible to take training tests on the clock.
From APWU:
[The APWU] Clerk Division officers recently reported on problems union members are facing since management established OASys, the Online Employee Scheduling and Assessment System. Many aspects of this program, which requires employees to schedule typing tests and other exams online, violate our Collective Bargaining Agreement (CBA).
Members have reported that although they are required to schedule tests online, management often refuses to allow them to use USPS computers for this purpose. In addition, the scheduling process is often lengthy, and many test sites are not suitable for testing. In some locations employees are being scheduled for testing beyond the commuting area, and in some areas only senior bidders receive notification to schedule tests. (Article 37 of the contract requires the five senior bidders to take the typing test before the results of bidding are announced.)
In addition, since the system was implemented, there has been a significant decline in the number of Training Technician Clerks.
APWU reported in its May/June edition of The American Postal Worker:
The Online Employee Scheduling and Assessment System (OASys) is causing numerous problems, especially with scheduling and testing. OASys, which is used for scheduling and for assessing employee skills, such as typing, has not been adapted to comply with our Collective Bargaining Agreement.
Problems with OASys
Employees are being required to schedule their own typing tests, yet management refuses to allow them to use USPS computers for this purpose. Employees who do not have access to a home computer are effectively barred from scheduling the test.
The registration and scheduling process itself is lengthy: It can take between 30 minutes and one hour to register, depending on employees’ computer skills.
In some areas, only the senior bidder receives notification to schedule a test, pursuant to the results of the posting notice. Article 37 requires the five senior bidders to take
the typing test before the results of the bidding are announced. Failure to do so can change who is awarded other duty assignments resulting from the posting.
In some locations, employees are also being scheduled for testing at venues far from their workplace. Some testing locations are outside employees’ commuting areas, meaning
they must travel 80 or more miles to take the test. noFurthermore, many locations are not conducive to testing, due to such problems as faulty keyboards, cramped space,
noise, and dirty surroundings.
The contract requires the USPS to allow employees to take the typing test on a “no-loss, no-gain” basis, meaning they will not lose pay or earn extra money during testing.For example, if an employee’s test is set at a time within his or her regular workday, the employee would take the test while on the clock. OASys has made this next to impossible to achieve.
Management has also failed to stick with a uniform policy regarding mileage and travel compensation. Instead, each district has been implementing its own rules on the matter.
The EL-312 Handbook requires all examiners to possess certain qualifications and training before they conduct examinations. It also says examiners must be certified by the National Test Administration Center (NTAC). We reminded the Postal Service of this regulation, and asked whether contracted examiners have been notified in writing of this requirement. If so, we requested a copy of the documentation.
The APWU contends that everyone — including subcontracted trainers — must be in compliance with the regulations of the EL-312 handbook. If examiners are not certified, local grievances should request that all bargaining unit Training Technicians be returned to their assignments; they also should request compensation for Training Techs for all time worked by untrained and non-NTAC-certified trainers.
The APWU has initiated a national-level dispute on this issue. Locals should continue to file grievances in situations where clerks are required to take typing or other tests that
violate our National Agreement.
Job Security Dominates Clerk Discussions At APWU Pre-Convention Conference
Clerk Division delegates discussed job security at their pre-convention conference on Aug. 21 and 22, debating resolutions and discussing officers’ reports about issues affecting the craft.
“It’s a tough time at the Postal Service this day and age,” said Jim McCarthy, Clerk Craft Director.
On Saturday, delegates discussed resolutions, many of which focused on excessing. The relocation of employees in the craft has been a major point of contention between the Postal Service and the APWU.
“There’s no question in my mind, the days of being comfortable in your job are over,” said Rob Strunk, Assistant Director of the Clerk Division.
Strunk said every clerk craft member is concerned about the future of their work, “whether it’s keeping a job, being excessed to another installation,” or changes to the no-layoff clause. “It’s a tough struggle,” he said.
Assistant Director Pat Williams said many clerks are being excessed because of the elimination of Tour 2 and new machinery. “Employees are being sent to other tours, other facilities, and other crafts,” such as mail handler and letter carrier positions.
Sunday’s session was an “open forum” at which delegates addressed topics that will be discussed in upcoming contract negotiations, including job postings and bidding, the no-layoff clause, and training and testing.
“The convention is a great opportunity for union negotiators to hear directly from the members who are directly affected by the contract,” said Assistant Director Mike Morris.
more Delegates Take to the Streets: Save Saturday Service!.
Postal Clerk Gets Prison For Embezzling $240,000
DES MOINES, Iowa — A postal clerk from Indianola has been sentenced to a year in prison after pleading guilty to embezzling more than $240,000.
The U.S. attorney says 47-year-old Kimberly Sue Nordhagen was sentenced Friday after admitting to converting Postal Service money orders and cash transactions to her own use.
Nordhagen, who worked at the West Suburban Station in Clive, admitted to stealing the money between January 2004 and March 2009.
In addition to her sentence, she was ordered to make full restitution to the Postal Service.
source: Associated Press
Is This Postal Window Clerk Getting Forced Out of USPS?
In a nutshell, Postal Window Clerk Liz Jones submitted a request to change her work schedule for 3 hrs. once a week and 8 hrs. on Saturday (another window clerk offered to exchange her day off with Ms. Jones) for 4 months to attend school. Ms. Jones wanted to prepare herself for employment outside of USPS due to the excessing taking place in Walnut Creek. The involuntary reassignment would require Ms. Jones to travel up to 200 miles away from her duty office. Management denied her request in the month of August stating that she could not be spared from the window. Shortly after denying Ms. Jones’ request management scheduled another window clerk to work as a 204B. Also, one month later (September) a letter was issued notifying her that she will be excessed from Walnut Creek effective 12/5/09. The following is a letter that Ms. Jones sent to several lawmakers about management’s refusal to grant her request to attend school.
October 4, 2009
Dear Sir/Madam
My name is Ruben Jones, I am a Window Distribution Clerk at the Walnut Creek Post Office. Having been an employee for 11 years I have worked in various positions, Window Clerk, Distribution Clerk, 204B “Supervisor in Training”, Bulk Mail Relief and Business Reply Relief. My positions have been held in five different branches of the Post Office.
The intent of this letter is to inform you of the injustices that are occuring within the Walnut Creek post office. These injustices have caused a hostile work environment which are detailed in the attached documentation. The actions of management have also led me to believe that discriminatory practices are being performed against me in order to hinder my career advancement outside of the post office, once my position has been eliminated due to downsizing of staff within this branch.
In light of the economic situation with the downsizing of businesses nationwide, it is inevitable that the postal service will be effected. For one and half years it has been said the post office will be restructuring based on the need of the business. In knowing this I made the decision to return to school. I made management aware of this in June 2009. I was offered no resistance at that time, but was encouraged to return to school. As of August 12, 2009 I informed management of my intent to return to school by submitting a “Request for Notification of Absence” form detailing the reason I would be needing three hours away from work August 22,2009 due to placement testing. This time was approved by my supervisor. Since completing my placement test and being approved for the course I submitted my schedule change to management on August 28, 2009 along with my course schedule and the modification needed to my work schedule. My request was declined.
In lieu of the modification of my work schedule I was offered a part time regular schedule which only guarantees four hours per pay period or finding employees to cover my shifts. I did find an employee to cover my shift per management’s request but that was also declined. I feel I have not been given the opportunity that management has encouraged me to pursue. On September 30, 2009, I was presented by management a letter in reference to a necessary excess from the Walnut Creek bid installation effective December 5, 2009. This letter references that I can be reassigned up to a 200 mile radius. These are the events that I have occurred since I made the decision to return to school to prepare myself for any economic impacts.
I am asking from the management of the Walnut Creek post office to allow me to prepare myself, my children and my life. In the event that the post office presents me with an offer that will not be feasible, I need to protect both the economic interest of myself and my family.
footnote 1: Management stated my request cannot be granted at this time due to needs of the service. However, on September 29, 2009 management re-posted 16 bids of senior clerks in order to add “window duties” to all bids with only mail distribution. Management’s reasoning for adding window duties–not enough work available each day for clerks in my office. But yet, I am told that I cannot be “spared” to attend school.
footnote 2: Although management issued me an excessing notification letter on September 30, 2009, to date I have not received a list of assignments which are available to bid . I have been told that USPS is giving excessed employees only 2-3 weeks to relocate to new assignments over 100 miles away.
USPS May Excess Over 300 Postal Clerks From San Francisco Performance Cluster
USPS letter to APWU:
This is to advise you of the intent of the San Francisco Performance Cluster to utilize the provisions of Article 12.5.C.5 to involuntarily reassign 150 full-time level 6 clerks from the craft and/or installation at the San Francisco bid cluster based on the AMC/ISC realignment.
The impacted clerks will be notified of their involuntary reassignments by separate letter. Although the final placement date would normally be no earlier than March 5, 2010, it may be necessary to begin the placement process much earlier due to the on-going decline in work load and the current financials of the Postal Service. It may also be’ necessary to utilize the provisions of Article 7.2.B of the National Agreement to detail some or all of the impacted clerks during the notice period in order to provide them with a work opportunity.
By copy of this notice, the Pacific Area will withhold up to 150 full-time residual vacancies in the clerk, carrier, mail handler and custodial crafts in offices and plants within 200 miles of the San Francisco bid cluster for placement of the impacted clerks.
Attached you will find a copy of the Automated Impact Statement and the relevant operational data supporting the need to excess along with a seniority list identifying the impacted clerks. This impact is in addition to the impact from the tour realignment and manual decentralization and the impact. There are 136 full-time clerks who are still pending involuntary reassignment based on these earlier impacts. It is also separate and distinct from the TAlP and work load reductions for which an additional 58 clerks have been identified as being impacted.
http://www.apwu.org/dept/reg-coor/west/090319-/sanfrancisco-amc_isc-impacts090903.pdf
e. Provide Narrative Explaining need for Excessing
The PTR’s work a set schedule of limited hours. Most are working the mimum guarantee of 4 hours per week. There is a separate impact package to support excessing up to 19 PTR’s from the installation.
e. Provide Narrative Explaining need for Excessing
The AMC/ISC realignment and the transfer of the military workload to the LA ISC for processing has resulted in a need to excess 150 full-time clerks from the craft and/or installation.
Arbitrator Grants Postal Nurses Raises, Job Security
APWU News
An arbitration panel finalized a five-year contract for postal nurses on April 28 — the first since the National Postal Professional Nurses merged with the APWU. The ruling [PDF] came more than 20 months after the nurses’ independent Collective Bargaining Agreement with the USPS expired.
Neutral Arbitrator Stephen B. Goldberg rejected USPS proposals for lump-sum raises for the first two years of the contract only, and awarded annual pay increases in the amount of the annual percentage increases in the Employee Cost Index (ECI) for each year of the five-year contract.
The nurses will receive retroactive raises of 3.3 percent effective Aug. 18, 2007, and 3.1 percent effective Aug. 16, 2008. Wage increases for 2009, 2010, and 2011 will be based on the ECI.
Job Security
Another key point in dispute was the Postal Service’s attempt to close all postal Medical Units, and to reduce the complement of nurses from more than 130 positions to 41.
The APWU proposed to maintain the status quo regarding the complement of nurses, and to keep the existing Medical Units open. In addition, the union proposed strict limitations on the use of contract nurses, as well as the continuation of no-layoff protection.
The ruling permits the USPS to stop providing walk-in patient care to postal employees who become ill while at work. For that reason, existing Medical Units will be replaced with Occupational Health offices, where the nurses will perform non-clinical work, including “case management” duties for employees who suffer job-related and non-job-related injuries. However, if the Postal Service provides direct patient care, the panel ruled, the work must be done by bargaining unit nurses.
The arbitration award created a Memorandum of Understanding that maintains the status quo regarding the complement until the parties can agree on a new staffing plan. In the event that the parties are unable to agree on a plan, the dispute will be returned to the Goldberg panel for final resolution. The award also established a new job description [PDF] for the “case management” duties.
The panel retained the provisions of Article 6, which grants protection against layoffs for nurses who have achieved six years of continuous service. In addition, the new contract contains a Memorandum of Understanding that extends the prohibition on layoffs for the term of the contract to nurses who were on the rolls as of Aug. 18, 2007.
The decision includes new language that limits the use of contract nurses to a three-month term, provided that when a nurse is out of work on disability, the period may be extended to six months.
Uniforms
The award modifies the Article 26 of the Collective Bargaining Agreement, which governs nurses’ uniforms, by giving them the option of purchasing colored uniform-style pants and tops, as an alternative to white uniforms, and by increasing the uniform allowance in each of the last three years of the contract.
Duration
The contact will cover the period from Aug. 18, 2007, to Aug. 10, 2012, except that health benefits for 2013 will follow the pattern of the APWU National Agreement for that year.
‘Excellent Job’
APWU President William Burrus praised the award. “In the face of the Postal Service’s financial crisis, Arbitrator Goldberg rejected management’s assertion that the USPS is unable to grant the nurses fair pay. Our negotiating team did an excellent job,” he said.
The Negotiation Committee consisted of Support Services Craft Director Bill Manley, NPPN President Idell Mitchell, Vice President Maria Hicks, and Executive Board members Jane Freeman, Emily Jones, and Suzanne Deweese. Rich Edelman, an attorney with O’Donnell, Schwartz and Anderson, served as the APWU advocate during the hearings.
In addition to Goldberg, the three-member arbitration panel consisted of APWU-appointee Darryl Anderson and USPS-appointee Kevin Rachel.
The Collective Bargaining Agreement between the National Postal Professional Nurses Union and the Postal Service expired on Aug. 17, 2007. Shortly thereafter, the NPPN merged with the APWU.
Oakland APWU May Sue USPS Over Improper Involuntary Reassignments
The Legal Firm representing American Postal Workers Union, Oakland (California) Area Local #78 has notified USPS Bay-Valley District Manager Kim Fernandez of their intent to file a lawsuit for the purpose of blocking involuntary reassignments. The letter points out that some employees have less than one week (instead of the contractual 60 days) to report to their new locations or face termination. ..
Kim Fernandez
District Manager
United States Postal Service
Bay Valley District
1675 – 7th Street, Room 307
Oakland, CA 94615-9987′
Richard Blancas
Senior Plant Manager
United States Postal Service
Bay Valley District
1675 – 7th Street, Room 307
Oakland, CA 94615-9987
Re: Injunctive Relief for Failure to Give 60 Days Mandatory Advance Notice
Our office represents the Oakland Local of the American Postal Workers Union. We have been asked to seek injunctive relief the federal court for the reasons stated below.
The Local was advised by management that there would be reassignments pursuant to Article 12.5 because of downsizing. Throughout this process, however, the Local and its members were never advised until just very recently of the specific details or reassignments to be imposed upon the employees.
Management waited until Monday, April 20 at 11:00 p.m. to advise a number of employees of the specific detail of reassignment. Some of these employees were not present at 11 :00 p.m. on Monday and did not receive notification until the following day. This meant that it wasn’t until that time the employees were specifically advised of what offices they would be transferred to as part of this process.
The employees were given in some cases less than a week in which to report to new locations. Many of these individuals are being required to report as far away as Sacramento and Fresno and other locations, which will require them to move themselves and their families . The current agreement specifically provides that employees are entitled to not less than 60 days advance notice of such relocation. This is contained in Article 12.5(B)(S) which states as follows:
Full-time and part-time flexible employees involuntarily detailed or reassigned from one installation to another shall be given not less than 60 days advance notice, if possible, and shall receive moving, mileage, per diem and reimbursement for movement of household goods as appropriate if legally payable will be governed by the standardized Government travel regulations as set forth in Methods Handbook F-10 , “Travel.”
That clause makes it plain that employees are entitled to no less than 60 days advance notice. The Joint Contract Interpretation Manual also makes it plain that the 60-day notice provision is mandatory, not permissive. See p. 83 of the JClM 2007 Manual.
The purpose behind that language is to allow employees 60 days in which to move themselves and their families to a new location. It furthermore allows them to obtain relocation management services. Obtaining those services requires advance approval of the new office which they are assigned to. Such approval cannot under any circumstances be obtained with the kind of very short notice that the employees were given of their new detailed or assignment.
The rights of such employees are detailed in the “Bargaining Employee Relocation Benefits” guide, a copy of which is enclosed to this letter. These benefits take time to be approved, implemented and to effectuate the benefits contemplated. Most of the employees involved are covered by these benefits since they are being relocated to a new permanent duty station which is more than 50 miles from their residence.
Among the benefits provided are relocation leave, trip expenses, temporary duty expenses, payment for the movement of household goods and various other benefits and expenses. Most of these expenses require advance approval and there similarly is no way in which these employees can get that advance approval in the very short time provided.
This is illustrated by the specific reference in the Bargaining Employee Relocation Benefit guide to the necessity of generating forms to authorize the relocation benefits. See p. 5 of Bargaining Employee Relocation Benefits guide.
All this demonstrates why the contract makes it mandatory that all employees receive “not less than 60 days advance notice” of the reassignment. It is plain that (these employees in many cases received less than one week. The employees are being told that if they don’t report they are subject to termination.
This is a blatant and unexcused violation of the 60-day notice provision. Moreover, it will impose grave hardship on employees, some of whom have family responsibilities, homes or apartment which will they have to close, transportation problems and other serious issues. This will eventually force a number of these employees to quit or be terminated because of the failure of the Postal Service to do what the contract clearly requires which is to provide 60 days advance notice.
Because the contract contains a mandatory provision requiring 60 days in advance notice, we have been authorized to seek an injunctive relief in the federal court. We will be seeking that relief early next week unless some arrangement could be made immediately where these employees are given sufficient time to take care of their business and to be allowed those benefits which are promised by the Postal Service where these kinds of relocation occur.
The Local would prefer to resolve this without the need for injunctive relief. There is simply no excuse for this kind of short notice where it has such an adverse impact upon these workers. Some additional time to allow them to take care of these matters would resolve this problem.
Would you please have your lawyer or other representative contact me immediately? If we do not hear from you immediately, we will begin preparing the court papers and will give you notification early next week.
Please contact me immediately.
APWU Local President Warns Postal Clerks About Falsification Of PO Box Distribution Time
Excerpts from the Unionizer, East Bay Area Local #47’s Quarterly Publication, January-March 2009 issue
Falsification of PO Box Distribution Time
By Stephen Lysaght, President
As I reported in the last issue of the Unionizer, the District [PR note: Bay-Valley District] issued a policy in response to complaints that I lodged about supervisors and postmasters either instructing Clerks to falsify the time by which PO box mail was distributed, or falsifying the time themselves. In that I continued to receive reports of such fraud even after issuance of the policy, at the Local’s behest the memorandum in the box to the right [see letter below] was issued to the field on Dec. 30, 2008.
I encourage any member required to falsify the time by which all committed mail is distributed to report it to your Shop Steward or the Union Office. Supervisors and managers should be held accountable and punished for fraud, just as any bargaining unit employee would be.
Policy Letter
Postmasters/Officers-In-Charge
Managers, Customer Services
Subject: PO Box Up Time (SPMS)
There have been recent reports by Union officials that managers have instructed supervisors and employees to scan the PO Box barcode before all committed mail has been placed in the box.
The subject of PO Box scanning has been covered in Focus ON Results meetings. Managers were also required to share the attached Committed Mail poster with all employees having box walling responsibilities and to post it in the box section by November 29.
Falsification of the up time by scanning before walling is completed will not be tolerated. Postmasters and station managers will be held personally accountable for ensuring compliance with instructions.
Contact your respective MPOO or Host Postmaster if you have any questions or need clarification.
Cedric Brown Ed Kimble Oscar Munoz
MPOO-A MPOO-B MPOO-C
Darrell Stoke Lowana Gooch Sam Vasquez
MPOO-D Host PM Oakland Host PM Sam Jose
APWU: USPS Rejects Pilot Program For New Retail Position
From the American Postal Worker Magazine, September/October 2008 issue:
During the last round of contract negotiations, the APWU proposed another pilot for a Crew Chief position, with the new title, “Team Lead.” An agreement to implement the program was signed after the National Agreement was finalized.
Fifteen sites tested the Team Lead concept, which supports our strong belief that rank-and-file union members understand the retail environment as well as, if not better than, most supervisors. We believe that there is room for growth in the number of positions under this concept.
As structured in the pilot, the Team Lead was not responsible for discipline and did not determine schedules or overtime. The Team Lead simply was a voice making recommendations to management regarding proper staffing of the window on a daily basis. The Team Lead also worked the window when necessary.
This last point was essential for the union to agree to such a pilot: The APWU did not want another supervisor in the retail section. We wanted more responsibility given to our workers. We also wanted more jobs.
Monitoring Problem
Tragically, this is all in the past. During a recent meeting, the USPS officials informed us that they are not interested in the Team Lead concept. The announcement came after a disappointing effort by management to monitor the success of the program. Basically, all management wanted to do was look at the numbers.
If “wait time in line” times didn’t improve, the pilot was a failure. If revenue did not go up, the pilot was a failure. If the “data” didn’t look good, the pilot was a failure.
We knew something was wrong when management told us that travel restrictions were preventing them from keeping their commitment to visit the pilot sites. We know that the Team Lead concept would work if employees and supervisors were given the proper training and support. Now the union will have to focus on generating more Lead Sales and Service positions through the grievance procedure.
There is new leadership in the Postal Service Retail Division. Unfortunately, we are left to conclude that new doesn’t mean fresh or forward-thinking, it just means “new.”
Bilingual Retail Associate
Because of the failure of the Team Lead pilot, the opportunity for success of the “bi-lingual retail associate” concept is also in doubt.
As with the Team Lead program, the union entered into an agreement in good faith. But it is no secret that the bilingual retail associate issues are complex and demand more than the usual amount of cooperation and trust.
At this time, there are no plans to discuss the bilingual retail associate. It is unfortunate that the parties who negotiated the agreements are no longer present to try to bring them to closure.
ASFM-100 Work Awarded Back to Clerk Craft at Trenton P&DC
Effective May 28, 2008, US District Court Judge Joel A. Pisano issued his decision regarding enforcement of the American Postal Workers Union/United States Postal Service pre-arbitration Settlement Agreement, dated October 28, 2005, for AFSM staffing at the Trenton P&DC.
Judge Pisano stated, “The Settlement Agreement provides for the clerk craft to have primary jurisdiction over the positions on the AFSM-100 machines and that, in the event work requires less than six employees to staff the machines, the remaining positions on the machines will be staffed by clerk craft only. Thereby, if there is a ‘reduction in work [,]’ then clerks only operate the machines. Although the Settlement Agreement does not define ‘reduction in work [.]’ the terms of the Agreement do not limit the method by which the reduction in work may occur. That is, the Agreement sets forth a staffing procedure invoked by a ‘reduction in work’ irrespective of how that reduction in work takes place.
In this instance, the modifications to the AFSM-100 resulted in a ‘reduction in work.’ The addition of the AI and ATHS automated features caused ‘a reduction of the AFSM[-]100 operating crew, [a] decrease[] in operation run times, and efficiencies in the preparation activities.’ (Lewis Aff. II Ex. B). As a result, the ‘reduction in work’ caused by enhancements to the AFSM-100 machine trigger the Settlement Agreement’s staffing reduction procedure.
Thus, pursuant to the Settlement Agreement, the clerks maintain jurisdiction over the stations in the AFSM-100 machines in the Trenton facility, irrespective of the
enhancements. Accordingly, the Court holds that there is no dispute of material fact that the Settlement Agreement covers the dispute of which Trenton Metro now complains-whether clerks or mail handlers have jurisdiction to operate the AFSM-100 machines-and is ‘sufficiently specific as to be capable of implementation.’ Consolidation Coal, supra, 666 F.2d at 810. The Court further holds that the Settlement Agreement is entitled to enforcement.
Pursuant and in accordance with the Judge’s order, the APWU expects immediate staffing of the three FSM 100 machines with the clerk craft.
The APWU will monitor USPS compliance with the Judge’s order and pursue appropriate pay remedies for all work performed by the Mail Handler craft on the AFSM 100’s commencing today.
Bill Lewis, President, APWU Trenton Metro Area Local