Report: Rural Letter Carriers Union Passes New National Steward System
From PostalReporter.com reader:
Today at the National Rural Letter Carriers Association (NRLCA) national convention the delegation passed the proposed national steward system.
Posted: 18 Aug 2011 at 4:25am
Basically, State, Assistant state, and Area stewards will become employees of the national association and will be trained and paid by national. They will represent the postal districts that they are in, instead of the states. State stewards will become district representatives, asst.’s will become asst. district representatives, and area stewards will become area district representatives. Locals will stay the same, although they will be trained by the nat’l association I believe (probably by the District Representative like it is now). Dues will go up in some states, depending on how much of their budget they spend on the steward system. National will spend alot more but the state organizations will not have to spend money on the steward system anymore. In my state, dues will go up only about $4/ pay period. Some states less, others more.
Opinion: APWU Members Before Voting No On Tentative Contract..
This is an opinion by Don Cheney on why APWU members should think carefully before voting NO on Tentative Agreement.
In the past when the national officers of a postal union agreed to a tentative contract and the membership voted it down, the consequences were BAD. Arbitrators view such behavior as bad faith bargaining and don’t reward it unless others try the same thing.
The last postal union to attempt this was the National Rural Letter Carriers’ Association in 2002. They were clobbered with the help of the APWU’s Goldberg arbitration award the year before. Former President William Burrus wrote about the Goldberg award in a 2007. It was mentioned again at the congressional hearing on April 5, 2011. Expect the Goldberg award to come up at every interest arbitration. Ignore it at your peril. Read more
USPS Puts Hold On Proposal To Expand Ability To Subcontract Rural Routes
The U.S. Postal Service has withdrawn a proposal that “would have expanded its ability to subcontract rural routes to contract delivery service,” according to an announcement this week by the National Rural Letters Carriers’ Association. The decision “came after extensive discussions” between the NRLCA and Postmaster General Patrick Donahoe, as well as other postal officials, according to the release on the union’s web site.
“We have tabled the issue while we are in the process of resolving a labor contract,” Postal Service spokesman Mark Saunders said via email, when asked for confirmation of the union’s claim.
full story: Federal Times
USPS, Rural Carriers Union Contract Talks Reach Impasse
Filed under: APWU, contract, postal, postal news, press releases, rural carriers, usps
USPS Press Release
WASHINGTON — Contract negotiations with the American Postal Workers Union, AFL-CIO (APWU) and the National Rural Letter Carriers Association (NRLCA) expired at midnight Sat., Nov. 20. While negotiations with the NRLCA resulted in an impasse, the Postal Service and the APWU agreed to extend the negotiation deadline until Tue., Nov. 23 at noon ET.
Should APWU negotiations fail as they have with the NRLCA, a process begins which could result in a third party determining contract terms and work rules for more than 324,000 employees whose wages and benefits exceeded $20 billion last year.
Unlike the private sector, when negotiations come to an impasse, Postal employees are not permitted to strike. That’s because Congress designated the Postal Service as an essential service to the nation. An arbitrator determines the final outcome and is not legally required to consider the Postal Service’s financial obligations when rendering a decision.
The drop in the economy coupled with the shift to digital communications has created the greatest loss in mail volume since the Great Depression. Mail volume peaked at 213 billion pieces in 2006 and plummeted to 170.6 billion in the fiscal year (FY) ending Sept. 30. Revenues shrank from $72.6 billion in 2006 to $67.1 billion. The 2010 FY net loss was $8.5 billion. By 2020, mail volume is projected to drop to 150 billion pieces.
To remain strong into the future, the Postal Service needs to control costs through a flexible workforce to adapt to the nation’s changing mailing trends.
The Postal Service operates solely from the sale of stamps and related services without taxpayer subsidy. As a quasi government agency, it deals with the challenges of the private sector while continuing to operate under federal regulations and Congressional oversight.
Reasonable wages and benefits are just one element needed to help the Postal Service fully meet its financial obligations and remain strong in the future.
- Survey data reflects that the public favors 5-day delivery over using taxpayer funds and other alternatives. Adjusting delivery days to better reflect current mail volumes and customer trends can save the Postal Service $3.1 billion annually. The Postal Regulatory Commission is expected to announce its recommendation within the next month. Congress has yet to consider this concept.
- Created in 2006 under stronger economic conditions, the Postal Accountability and Enhancement Act requires the Postal Service, unlike the private or public sector, to prefund retiree health benefits. This equates to an average of $5.6 billion in cash flow every year through 2016, in addition to the $2 billion it annually pays for current retirees. The Postal Service has asked Congress to restructure retiree health benefits payments to “pay-as-you-go,” comparable to what is used by the rest of the federal government and the majority of the private sector.
- According to an audit conducted by the Postal Service Office of Inspector General, the Postal Service has been overcharged $75 billion to its Civil Service Retirement System pension fund.
The APWU represents 209,000 employees who work as clerks, mechanics, vehicle drivers, custodians and in some administrative positions. Employees represented by the NRLCA primarily deliver mail in rural and suburban areas. The NRLCA represents 67,000 career employees and 48,000 non-career employees who substitute for career employees on their days off.
Two other unions represent most other postal employees. More than 205,000 employees represented by the National Association of Letter Carriers, AFL-CIO (NALC) deliver mail in metropolitan areas and 48,000 employees represented by the National Postal Mail Handlers Union, AFL-CIO (NPMHU) work in mail processing plants and Post Offices.
The NALC and NPMHU begin negotiations next year approximately 90 days prior to the midnight Nov. 20, 2011 contract expiration date. For additional background information on labor negotiations and the Postal Service’s workforce, please click on these links: Labor Negotiations and Workforce.
Postal Rural Carrier Guarantee Period For 2010
All Post Offices With Rural Delivery Service: Rural Carrier Guarantee Period
Postal Service managers must effectively manage rural carriers who work under the provisions of the Fair Labor Standards Act (FLSA) section 7(b)(2). Those carriers are paid overtime for all hours actually worked in excess of 2,080, up to 2,240, within the 52-consecutive-week guarantee period.
If a carrier works more than 2,240 hours within the guarantee period, the agreement under FLSA, section 7(b)(2), is considered void, and the carrier must be compensated for all hours worked during the guarantee period in accordance with FLSA, section 7(a).
Local management must track and validate regular carrier work hours throughout the guarantee year to avoid and/or minimize the number of carriers exceeding 2,080 or 2240 actual work hours.
The current 2009–2010 guarantee period in effect for the past year began Saturday, October 24, 2009, and goes through Friday, October 22, 2010. The new 2010–2011 guarantee period will begin on Saturday, October 23, 2010 and continue through Friday, October 21, 2011.
source: Postal Bulletin: Rural Delivery, Delivery and Post Office Operations, 10-21-10
Louisiana Postal Worker Critically Injured In Crash While Delivering Mail
Filed under: postal, postal news, press releases, rural carriers, usps
Rural Carrier was not wearing a seatbelt – but Postal Workers are exempt from wearing seat belts in the performance of their duties.
Bossier Parish – On October 16, 2010, at 9:47 a.m., Louisiana State Police Troop G responded to a two vehicle crash on LA 527, east of LA 157, in Bossier Parish. The crash critically injured a 59-year-old United States Postal Service worker from Castor.
According to investigating troopers, two Bossier Parish Sheriff’s Deputies were traveling east on LA 527 while responding to an ATV accident. Both deputies were traveling in fully marked patrol units with their overhead light bars activated. While traveling east on LA 527, both units approached Deborah B. Wood, United States Postal Service worker, who was stopped partially in the roadway and on the right shoulder in her 2007 Jeep Wrangler, delivering mail.
The lead Sheriff’s unit steered safely around the Jeep Wrangler and continued east. The trailing Sheriff’s unit, a 2008 Ford Crown Victorian, operated by 68-year-old Deputy Joe Young, struck the Jeep Wrangler from behind causing it to veer right into the ditch area and overturn ejecting Mrs. Wood.
Mrs. Wood, who was unrestrained at the time of the crash, was air lifted to LSU Medical Center in Shreveport with life threatening injuries. According to Louisiana’s seatbelt law, United States Postal Service workers are exempt from wearing their seatbelts in the performance of their duties.
Deputy Young, who was restrained at the time of the crash, was transported to Willis Knighton Bossier Medical Center in Bossier City with minor injuries.
Although impairment is not suspected to be a factor, routine toxicology test results are pending and the crash remains under investigation.
Louisiana State Police News Release
source: Louisiana State Police News Release
All Rural Carrier Postings, Bids and Awards Available Online
Filed under: postal, postal news, rural carriers, usps, USPS News Link
AUTOMATED RURAL JOB BIDDING
ALL RURAL CARRIERS CAN REVIEW AVAILABLE JOBS ONLINE
Last week, the Postal Service reached an important milestone in its initiative to reach out to employees using technology. Now, all rural carrier postings, bids and awards are available online.
Previously, not all rural carriers had access to the online bidding process. But now, all 120,000 rural carriers will have access to the automated bidding system, 24/7.
Craft employees can use any of the following ways to access the automated job bidding systems:
On LiteBlue:
• Go to the employee apps carousel at the center of the home page, or
• Click on the “My HR” tab at the top navigation bar of LiteBlue and then on the “Find Employee Apps” section, or
• Click on the employee apps button at the bottom of every My HR Page.
At HR kiosks, Web–bidding computers, or Interactive Voice Response and TDD/TTY for hearing–impaired employees.
Employees need their Employee ID number and USPS PIN to log on to LiteBlue and automated bidding systems.
source: USPS News Link
South Dakota Rural Letter Carrier Sentenced To Probation for Mail Theft
July 26, 2010
Sioux Falls, SD
US Attorney Brendan V. Johnson announced that a Yankton man charged with mail theft was sentenced on July 26, 2010, by US District Judge Lawrence L. Piersol. Brandon G. Novak, age 42, was sentenced to three years of probation and 40 hours of community service. Brandon G. Novak was indicted for five counts of theft of mail by postal employee by a federal grand jury on February 2, 2010. Novak was a full-time United States Postal Service employee, having been so employed since 1996. Novak was a rural mail carrier assigned to deliver mail on Rural Route 7 in Yankton, South Dakota. Between July 1, 2009, and October 15, 2009, Novak came into possession of correspondence and other mail items intended to be conveyed by the United States mail. Included within this correspondence and mail were items containing gift cards and coupons. On several occasions, Novak would take out store coupons and gift cards from mail and use them to buy personal items for himself. He pled guilty to one count of theft of mail on May 5, 2010. This case was investigated by the Office of the Inspector General – United States Postal Service. Assistant US Attorney Dennis H. Holmes prosecuted the case.
source: United States Attorney’s Office for the District of South Dakota
Postal Worker Fired For Using Profanity Loses Suit Against Union
The U.S. Court of Appeals, Second Circuit, issued a startling decision on June 16, 2010, in Jeunes v. Potter. The Court upheld the removal of a postal employee who “admits that he used profanity during a verbal altercation with a co-worker on October 26, 2007, conduct clearly proscribed by the zero tolerance policy.” The Court based its decision upon Connecticut District’s version of the zero tolerance policy, which bans “any type of vulgar language which would lead to a hostile workplace.”
Jeunes also filed suit against the National Rural Letter Carriers Association , arguing that the union had failed in its duty to represent him.
The US District Court for Connecticut has ruled in favor of the union. Here are some excerpts:
On October 26, 2007, while employed at the New Fairfield Connecticut USPS branch, Plaintiff had a verbal altercation with a co-worker on the work room floor. As a result, Plaintiff was placed on an off-duty status without pay on that date and terminated effective December 27, 2007. Plaintiff and Defendant dispute what exactly occurred on October 26, 2007. The USPS notice of removal informing Plaintiff of his termination states that several witnesses heard Plaintiff making vulgar and threatening remarks to a coworker and challenging him to a fight.
Plaintiff’s co-worker informed him of a package awaiting delivery on his route. The notice of removal alleges that Plaintiff responded to his co-worker with statements such as: “why you f***ing bothering me?” “what’s your f***ing problem,” “f***ing asshole,” f***ing pussy,” and “bring it on pussy.” (Def.’s Br. Summ. J. 4.) Plaintiff admits to making some of these comments but denies others. At least two other USPS employees who witnessed the incident signed statements confirming that Plaintiff used this language and threatened violence.
The USPS has a zero tolerance policy on violence, which states: “each and every act or threat of violence from this day forward will elicit an immediate and firm response that could, depending on the severity of the incident, include removal from the Postal Service.”
Prior to this incident, Plaintiff had been disciplined four times by the USPS. The USPS has previously sought Plaintiff’s removal for failure to disclose a criminal arrest on his employment application. In addition, in 2006, Plaintiff was suspended for seven days for poor attendance. In 2007, he was suspended for fourteen days for failure to follow instruction. In 2008, he was suspended for seven days for failure to be regular in attendance, unsatisfactory work performance and failure to follow instructions. Plaintiff also has a criminal record for assault and was arrested in 2005 in connection with a domestic altercation.
Plaintiff filed a grievance protesting his October 2007 off duty placement and November 2007 removal. He refused, however, to attend counseling through the employee assistance program, stating that the program “is for crazy people.” Defendant represented Plaintiff in his grievances through step three. However, after review by Mr. Anderson and general counsel, Defendant concluded that Plaintiff had no reasonable likelihood of success at arbitration.
On July 31, 2008, Mr. Anderson wrote Plaintiff informing him of Defendant’s initial decision and his right to provide additional information. Plaintiff provided no further information, but Mr. Anderson and the general counsel’s office reviewed Plaintiff’s file again after the twentyone day period. Both offices reached the same conclusion and Plaintiff’s grievance was withdrawn on August 25, 2008.
Plaintiff’s brief in opposition to summary judgment contains conclusory allegations that Defendant’s decision not to pursue arbitration was made in bad faith and was discriminatory. However, the record does not provide any evidence to support these allegations. In fact, the record reflects a reasoned, good faith decision on the part of Defendant and a Plaintiff unhappy with the outcome of his grievance but without a legal claim. It is clear that Plaintiff does not have an absolute right to arbitration either under the CBA or federal law.
Throughout the grievance process, Plaintiff was represented by Nate Gillotti. Plaintiff admits that he was satisfied by Mr. Gillotti’s handling of his grievance from steps one through three. Plaintiff’s only complaint regarding his representation is that “they didn’t take the case to arbitration.” Plaintiff offers no examples of discriminatory conduct or even negligent representation by his Union. Instead he states, “I just didn’t like the outcome.” When asked what Defendant could have done differently to fairly represent him, Plaintiff vaguely responded that the Union should have “fought better in these [prior] grievances I would have – – I wouldn’t be fired right now.”
Furthermore, the record reflects Defendant’s thorough and competent representation of Plaintiff’s claim. Defendant took witness statements, filed the appropriate grievance forms and wrote letters on behalf of Plaintiff. Defendant followed its usual procedures before deciding to withdraw Plaintiff’s grievance from arbitration. NRLCA Director of Labor Relations Anderson and NRLCA General Counsel Gan each reviewed all material relating to Plaintiff’s case. Based on the documentation, both offices made the reasonable determination that because of Plaintiff’s hostile and threatening behavior during the incident at issue, history of discipline, refusal to engage in counseling, criminal record and the zero tolerance policy, Plaintiff’s grievance had “no reasonable likelihood of success in arbitration.” Following this determination, Plaintiff was afforded the opportunity to provide the Union with additional information or arguments. Although Plaintiff did not provide any additional information, the file was still given a fresh and second look by both Mr. Anderson and attorney Jean Marc Favreau from the general counsel’s office. This fresh look did not result in a different conclusion and Mr. Gan recommended that the case be withdraw from arbitration.
Even taking this evidence in the light most favorable to Plaintiff, there is nothing in the record from which a reasonable jury could conclude that Defendant acted arbitrarily, in bad faith or with discriminatory motives.
There is no question of fact for a jury to decide.
Rural Carrier Pleads Guilty to Mail Theft
US Attorney Brendan V. Johnson announced that Brandon G.Novak, age 42, of Yankton, appeared before US Magistrate John E.Simko on May 5, 2010, and pled guilty to one count of an indictment that charged him with five counts of Theft of Mail by a Postal Service Employee. The maximum penalty upon conviction is five years imprisonment and/or a $250,000 fine.
Brandon G.Novak was a full-time United States Postal Service employee,having been so employed since 1996. Novak was a rural mail carrier assigned to deliver mail on Rural Route 7 in Yankton, South Dakota. Between July 1, 2009 and October 15, 2009, Novak came into possession of correspondence and other mail items intended to be conveyed by the United States mail. Included within this correspondence and mail were items containing gift cards and coupons. On several occasions, Novak would take out store coupons and gift cards from mail and use them to buy personal items for himself.
The investigation was conducted by the Office of the Inspector General – United States Postal Service. The case is being prosecuted by Assistant US Attorney Dennis R. Holmes. A presentence investigation was ordered, and a sentencing date has not yet been set. The defendant was released on bond pending sentencing.