Trenton Metro Area Local

American Postal Workers Union

AFL-CIO

President Bill Lewis

 

 

 

 

Bill's Resource Page

Phone Numbers, Forms & Links 

Steward's Resource Page  

       new information added daily

 

Maintenance Issues

 

The Struggle Still Continues

 

 

 

 

Copy Of New 

Collective Bargaining Agreement

 

JCIM 2017

 

Copy of Local Memorandum of Understanding

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Mailing Address

Trenton Metro Area Local's

PO Box 8011

Trenton NJ 08650

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Main Office

Trenton Metro Area Local

2382 Whitehorse-Mercerville Rd

Hamilton, NJ 08619

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609-631-7745

Fax 609-631-7747

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Steward's Office   

 609-581-8118  

Fax 609-581-0340

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US Post Office

680 Highway 130 

Trenton, NJ 08650

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Local Page

Listing of Officers

List of the Office

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Employees Assistance 

Program  

1-800-EAP-4-YOU
(1-800-327-4968)
TTY 1-877-492-7341
www.eap4you.com

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Clerk's Bidding Phone #

Local's Information Page

Address Change

Legislative 

Solidarity 

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Local's Attorney

Mark Belland, Esq.

OBBLAW.com

 

Local's Accountant

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From The Past

Lab Rat Corner 

Trenton P&DC  

New Building   POAC  

Updates from the past

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Maintenance Issues

Clerk Issues

Motor Vehicle Issues

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Annual Leave

Sick Leave Issues

FMLA Issues

Deems Desirable

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 CSRS and FERS Handbook for Personnel and Payroll Offices

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Union Meeting

 

November 11, 2017

Union Hall 7 PM

 

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Notice Of Election

Trenton Metro Area Local

Posted 9-18-17

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Trenton, NJ Excessing Information

 

A Temporary withdrawal from article 12 

while they redo the Function 1 scheduler

 with volume for July and August.  8-21-17

Notification of Article 12 withdrawal

 

 

This is a temporary reprieve as the USPS is planning to move ahead with their outrageous and misguided plans to gut the workforce and service, targeting over 12,000 jobs with their three-pronged assault of Reverting Jobs, Abolishments and Excessing. 

 

Email From Management

Changing excessing move date

Dear Union Representatives:  

This is to advise you that Article 12 events scheduled to move on September 16, 2017 will now move on the next national move date, February 3, 2018. This will be confirmed in writing when I send out updated Regional notices.  As information I have asked the Districts involved (South Jersey, Philadelphia, Western PA, Northern OH and Tennessee) to make sure we have rescinded any 60 day notices that have been issued.  

Thank you  

Ken Botknecht

Area Labor Relations Specialist

Eastern Area

 

 

Update on the Fight Back Against USPS Reductions in Service and Jobs

 

Article 12 Notification

Article 12 Impact Statement

 

 

APWU and Mail Handlers Union Send a 

United Message to PMG Brennan 

Denouncing “Wholesale and Massive Job Cuts”

 

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Step 4 Settlement DBCS Staffing

Machine Rotation Letter

 

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OTAdmin for the Clerk Craft

 

 

Brothers and Sisters,

Please find attached a copy of a notice that was recently assigned to me where the USPS Plans to Implement a Web-Based Application, - OTAdmin for the Clerk Craft. I have also attached a copy of the USPS power point on the OTAdmin Clerk Application Training. I did not have any relevant information until recently and today I was finally able to meet with the USPS and receive a demonstration of the program.  

Train-the-trainer sessions are conducted with the Area management first. The Eastern Area was first; Western Area -June 20-22; Great Lakes and Southern Area – July 11-13; Cap Metro and Northeast Areas are scheduled – August 8-10.  Each District will conduct the training for local management and begin deploying within their respective Districts. Each Area is scheduling their deployment plan. The deployment of this program will begin with the Function 1 sites (P&DCs) first. It is not planned to use this program in the smaller Function 4 post offices with manageable numbers of employees and overtime. Each District has an District Administrator Role and that individual has the ability to configure the application for each facility’s OT section and ODLs per the LMOU for the installations. Once the District has configured the program for an installation – local management cannot change that configuration.  Local management has been advised to use this application in conjunction with the existing tracking process until October 1, 2017.    

The utilization of OTAdmin does not change the provisions of Article 8 or Article 30 in any way. Violations of Article 8 and Article 30 – LMOU tours and sections should be grieved as this program does not exist.  This program is a management tool to assist supervisors in the tracking of overtime hours and the rotation of opportunities per the negotiated LMOUs – tours and sections.  

The program is designed to break down the applicable ODL(s) by tours and sections. OT calls for begin tour and end of tour and for N/S days.  The system currently only provides two (2) reports:
“Call Notification List” and the “Rotation List”. They plan to add reports to the program but they could not currently provide what those reports would be. The program also keeps track of make-up OT and also provides an email warning when a PSE reaches 6 hours in a service day to potentially reduce violations of Article 8.4.G – Overtime Work PSEs and the use of PSEs in excess of eight (8) hours in a service day.  

Management will decide locally which supervisors have access. The system itself is fed from the Bid Management Program and TACS. They have a new acronym System Integration Testing (SIT) for the feed system. During their training of District managers and local managers they have allegedly been encouraged to be transparent with the local union, provide demonstration’s for the local union leadership and share the examples of the available reports.  

I also want to point out that the APWU was not involved in the development of this program. The utilization of this program does not change the provisions of Article 8 or Article 30 and the locally negotiated LMOUs. It is highly recommended that the locals monitor their OT lists, rotation of OT, make-up OT and PSE overtime as they have continually done.  

If there are any questions or concerns please feel free to contact me. Please share with your state and local leaders.

 

Lynn Pallas-Barber

Assistant Clerk Craft Director

1300 L Street, NW

Washington, DC 20005

202-842-4220

 

 

Upcoming APWU Holidays

 

Veterans' Day

November 11, 2017

Holiday Period

November 9 - November 11, 2017 

 

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Copy Of New Collective Bargaining Agreement

 

JCIM 2017

 

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Passport Center

Lamont Brooks

National Dispute on Passport Center

 

I have filed a dispute on the staffing of the Passport Centers and the use of Postal Support Employees performing passport acceptance.  

It is the position of the Union, in accordance with 232 and 233 of the ELM, these duty assignments should be posted at a higher level.  

It is also the Union’s position that a newly established Standard Position Description and Qualification Standard should be created.  

In accordance with the State Department and Section 422 of the ASM, only permanent employees are allowed to perform passport acceptance duties.  

There is currently no contractual requirement to place a passport acceptance yearly certification on any current standard position description/qualification standard. Currently the performance of passport agent duties is on a volunteer basis.  

Under State Department regulations, the passport agent requires a very stringent yearly certification.  

Under the State Department regulations, a passport agent can’t have a record of either:  

  1. A Federal or State felony conviction; or
  2. A misdemeanor conviction for crimes involving moral turpitude or breach of trust, including but not limited to embezzlement, identity theft, misappropriation, document fraud, drug offenses, or dishonesty in carrying out a responsibility involving public trust.

They are required to certify on a yearly basis. This requirement alone justifies higher level pay. Employees should take heed to what they are volunteering for and the possible ramifications. Locals/employee should consider filing a grievance if an employee(s) is forced to perform passport duties.  

In union solidarity, the struggle continues,  

Lamont Brooks

Assistant Director

Clerk Division

APWU, AFL-CIO

National Dispute on Passport Center

 

 

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2017 Pay Period Chart

2017 Leave Chart

 

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Clerk Bids

 

Clerk Posting CL159081(October 16, 2017)

Clerk Posting CL157294 (October 3, 2017)

Clerk Posting CL 157294 (Sept 18, 2017)

Clerk Posting CL 152208 Results

Clerk Posting CL 152208 (June 26, 2017)

Clerk Posting CL 147582 Results

Clerk Posting CL 147582

Clerk Posting CL 145961 Results (March 24, 2017)

Clerk Posting CL 145961 (March 6, 2017)

Clerk Posting CL 144293 Results (Feb 23, 2017)

Clerk Posting CL144293 (Feb 6, 2017)

Clerk Posting CL142164 Results

Clerk Posting CL 142164 (Jan 9, 2017)

Clerk Posting 139157 Results

Clerk Posting 139157 (Nov 10, 2016)

Clerk Posting CL137107 Results

Clerk Posting CL137107 (Oct 14, 2016)

Clerk Posting CL135301 Results

Clerk Posting CL 135301(Sept 16,2016)

 

10 Day Letter

As per Article 37: "When an employee is designated as successful bidder and remains a live bidder on other bids, the employee shall notify management in writing within ten days of his/her election to remain a bidder on one or more assignments. The notice shall identify the assignment(s) by job and posting number. Failure to notify within ten days will cancel such other bids."
 
In plain language; if you bid on a job with qualifications, such as SPBS keyer or window clerk, and are not the senior bidder, you remain live for a pass down in the event the senior bidder fails training, up until a successful bidder is named. The only deviation to the rule is that you need to remain in the same exact position you were in on the date of the original posting if you want to be considered for the position. If you subsequently bid, prior to a senior successful bidder being named, you must write a letter to management within 10 days of being identified as a senior successful bidder or you will forfeit your pass down rights.

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Intermittent FMLA Absences

Not Subject to “Proof of Need”

By Ellison McCoy – March 17, 2017
On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of Florida Keys, Inc., Case No. 15-15716 (11th Circuit, Jan. 27, 217), the Court held that an employer’s request for “proof of need” related to an employee’s intermittent absence was evidence of interference with the employee’s FMLA rights and thus precluded summary judgment for the employer.

Jill Diamond first applied for intermittent FMLA leave to care for her elderly parents in June 2013, and she took approved FMLA leave a number of times from June 2103 through February 2014. On March 20, 2014, Diamond learned that her mother was seriously ill and immediately submitted a request for FMLA leave to the Hospice. Diamond missed scheduled workdays in late March and early April to care for her mother. After Diamond returned to work, the Hospice sent her a memo requesting an updated certification and other documentation “to support the need for intermittent use of FMLA leave when a 30 day advance notice is not provided.” When Diamond questioned the request for additional documentation, the Hospice stated that they needed “proof of need” such as documents from the hospital on the dates she was out or receipts for lodging, food, or gas from the town where her parents lived. The Hospice also told Diamond that her continued unpaid time away from work was compromising the quality of care to their patients. After Diamond provided an updated medical certification and the requested “proof of need” documents to the Hospice, her absences were approved as FMLA leave. During the following month, the Hospice raised several concerns with Diamond’s job performance and ultimately terminated her employment based upon those performance concerns.

Diamond filed a lawsuit against the Hospice alleging interference and retaliation claims under the FMLA. In reversing the District Court’s award of summary judgment to the Hospice on the interference claim, the Eleventh Circuit ruled that the Hospice’s action had potentially discouraged Diamond from using FMLA leave. In reaching this conclusion, the Court relied on the Hospice’s statement about Diamond’s absences compromising the quality of care and the request for “proof of need” documents. With regard to the latter, the Court stated that since the type of documentation requested by the Hospice was unnecessary to determine whether Diamond actually needed leave to care for her parents, that request provided evidence that the Hospice was trying to make it difficult for Diamond to use FMLA leave.

Since the advent of the FMLA in 1993, employers have been challenged by intermittent leave more than any other aspect of the law. In an effort to curtail perceived abuse of intermittent leave, many employers are tempted to request that employees provide doctor’s notes or other documentation to justify each intermittent FMLA absence. However, in addition to the cautionary tale of the Diamond case, employers must remember that the FMLA regulations (29 C.F.R. § 825.307(a)) specifically prohibit an employer from obtaining additional documentation from the health care provider once a complete and sufficient medical certification has been provided. See Oak Harbor Freight Lines, Inc. v. Antti (D. Oregon, Feb. 19, 2014). In light of this court and regulatory guidance, employers who insist on requiring additional documentation to support each intermittent FMLA absence do so at great risk.

Source: Employers Beware: Intermittent FMLA Absences Not Subject to “Proof of Need”

 

 

 

LMOU FOR OFFICES 

WITHOUT A LOCAL UNION STRUCTURE

 The APWU signed an updated agreement December 22, 2016, for Members-at-Large who work in small post offices that are not represented by a local union.

The agreement outlines the rules for these small offices on topics that are typically the subject of negotiations at the local level between USPS managers and local union officers.

“The memorandum is important,” said President Mark Dimondstein. “It continues to provide the protection of a local contract to thousands of union members in small offices who would not otherwise be covered by a local agreement. It provides additional benefits particularly for the PTFs and PSEs who staff these small offices.” The agreement covers approximately 15,000 workers.

The Local Memorandum of Understanding (LMOU) updates a previous agreement signed Oct. 12, 2012, following negotiations for the 2010 - 2015 Collective Bargaining Agreement. The decision of Arbitrator Goldberg setting the terms of the 2015 – 2018 provided the opportunity to negotiate changes and updates to this memorandum.

“We made progress concerning the major complaints received by members not represented by local unions” said Industrial Relations Director Vance Zimmerman. Some of the changes:

·         For purposes of administering this LMOU, stand-alone Associate Offices as well as Administrative Post Offices (APOs) and the Remotely Managed Post Offices that report to the APO will be considered one installation.

·         For choice vacation period no less than one person, but at least 15% of all APWU bargaining unit positions in the installation by craft will be allowed off.

Excluding the month of December, for incidental leave requested during the leave year no less than one person, but at least 15% of all APWU bargaining unit positions in the installation by craft will be allowed off at one time. These numbers include employees off on choice vacation.

·         Any request for incidental leave will be acted upon and returned to the employee within 72 hours of receipt by management. The leave is to be considered approved if not acted upon and returned to the employee within 72 hours of receipt by management.

 

 

LMOU FOR OFFICES WITHOUT 

A LOCAL UNION STRUCTURE

 

Step 4 Settlement DBCS Staffing

Machine Rotation Letter

 

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Loading Dock Safety Guide and 

Standard Operating Procedure. 

And We Did

 

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Wounded Warriors Federal Leave Act of 2015 (APWU)

eRMS Management Update November 17, 2016

Wounded Warrior Leave

On November 05, 2015 the President signed Wounded Warriors Federal Leave Act (WWFLA or Act) of 2015 (5 U.S.C. § 6329) into law. The law requires federal agencies, which includes the Postal Service, to give qualified employees, hired after November 05, 2016, 104 hours of Wounded Warriors Leave. In order to qualify the employee must be a military veteran with a service related disability of 30% or greater, which would give them a Veteran Preference Code of 6. However, the USPS has made the decision to extend this leave type to all Postal Service employees who have a Veteran Preference code of 6. On November 02, 2016, eRMS was modified to accommodate the entry of Wounded Warriors Leave (027-00).

Wounded Warriors Leave is to be used to undergo medical treatment for the employee’s service-connected disability rated at 30% or more. It is a separate leave category, distinct from sick leave, and must be used within 12 months of activation. To verify that Wounded Warriors Leave requested by an employee is appropriately used for the treatment of a service-connected disability, the requesting employee must submit to the supervisor a copy of PS Form 5980, Treatment Verification for Wounded Warriors Leave, certified by a health care provider that the employee used the leave to receive treatment for a covered disability. The employee must provide the verification no later than 15 calendar days after the employee returns to work. Employees must charge Wounded Warriors Leave in the same manner as sick leave, as described in ELM 513.4.

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FMLA BOOKLET

 

The brochure includes new sample forms addressing specific illnesses, which our members can provide to their doctors.  For example, there are sample forms for diabetes, cancer and anxiety, to name a few.   

We expect the sample forms will result in members experiencing fewer problems when they submit applications for leave under the Family and Medical Leave Act (FMLA). The forms comply with the requirements of the Department of Labor.

 

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Copy Of New 

Collective Bargaining Agreement

 

Copy of Award Goldberg 7-8-16

Highlights of New Agreement

 

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Four Clerk Craft Issues Resolved

 

204-B detail assignment exceeds the 90 day limit

The dispute was whether the Clerk Craft Jobs, Section 2.D of the MOU of the 2010-2015 USPS/APWU CBA requires that if a 204-B detail assignment exceeds the 90 day limit, the supervisory worked by the 204-B, on the 91st day and beyond, must be considered bargaining unit work.

Lead Clerk Performing TACs

All Clerk Craft employees occupying Lead Clerk duty assignments will be provided the required training for the Lead Clerk Clock Office role in TACS. At facilities where there are Lead Clerks, a minimum of one will be assigned to perform the duties. This settlement is also applicable in POStPlan offices where there are Lead Clerks. Please read the settlement in its entirety.

Clerk Craft Day to Day Seniority

The parties have resolved a dispute dating back to 2002 involving Day-to-Day Seniority in mail processing. There are currently 591 cases involving this issue in the grievance/arbitration procedure.  

Accordingly, the parties agreed that any case held pending this national dispute will be resolved in accordance with the attached agreement and local fact circumstances. If the parties are unable to resolve the cases held in accordance with this settlement agreement because they contain issues not covered by this agreement, they may continue through the Article 15 grievance/arbitration.  

Please meet with your USPS counterpart to review your cases held pending this settlement.  

This was a welcome resolve for employees holding bid duty assignments who were displaced by light/limited duty employees not qualified because of their physical limitations.

Two Hours or Less Custodian Work

The parties resolved the case via Questions and Answers for the Clerk Craft and is applicable when the two hours or less custodial work cannot be combined with other maintenance duties to create a duty assignment.  

The parties have agreed the custodial duties will be additional time and recorded under the maintenance LDC 38 and the applicable operation number (747 or 748). The additional time allowed will be based on Line H of the MS-47. They will receive OSHA training based on the duties expected to be performed. Clerk will not be required to perform the duties between waiting on customers. When the duties can’t be added on an existing duty assignment, the PTF or PSE assigned to the facility can perform the duties. Please request the Form 4852 to find out the Line H allowable time for your facility from your installation head.

 

 

 

Custodian Higher Level Remains Intact

This February 4, 2016 Step 4 settlement (Q10T-4Q-C 16070841) is intended to put to rest an

issue that comes up at times, usually from management types that are new to labor relations

issues or just like to engage in games of gotcha.

Custodians were always entitled to higher level pay for operating motorized powered

industrial equipment, driving, etc. When the entire craft was upgraded in 2008 a concern

was raised about old step 4 settlements that made a specific reference to a job title and pay

grade. An example is case H1T-5H-C 29378 which stated that:

 

Arbitrator Hammers USPS in Maintenance Staffing Case

10/20/2015 - The APWU won an important grievance involving Maintenance Craft staffing at Bulk Mail Centers on Oct. 19, when Arbitrator Ira Jaffe issued a stinging rebuke to the Postal Service.

- See more at: http://www.apwu.org/departments-divisions/maintenance#sthash.n43POQkx.dpuf

Arbitrator Hammers USPS in Maintenance Staffing Case

10/20/2015 - The APWU won an important grievance involving Maintenance Craft staffing at Bulk Mail Centers on Oct. 19, when Arbitrator Ira Jaffe issued a stinging rebuke to the Postal Service.

- See more at: http://www.apwu.org/departments-divisions/maintenance#sthash.n43POQkx.dpuf

Arbitrator Hammers USPS in Maintenance Staffing Case

10/20/2015 - The APWU won an important grievance involving Maintenance Craft staffing at Bulk Mail Centers on Oct. 19, when Arbitrator Ira Jaffe issued a stinging rebuke to the Postal Service.

- See more at: http://www.apwu.org/departments-divisions/maintenance#sthash.n43POQkx.dpuf
Swan & Dolphin Hotels
Orlando, FL

 

 

 

   In 2014, more than 36,000 postal workers were injured or sickened at work. At least 10 suffered fatalities.

Here’s the simple truth: If we want a safe workplace, we have to work together to make it happen.

Please join this important effort. A safe workplace must be the right of every worker!

Click Here

 

In 2014, more than 36,000 postal workers were injured or sickened at work. At least 10 suffered fatalities.

Here’s the simple truth: If we want a safe workplace, we have to work together to make it happen.

Please join this important effort. A safe workplace must be the right of every worker!  

- See more at: http://www.apwu.org/issues/safe-jobs#sthash.gi3jai2s.dpuf

 

 

Elimination of All Schemes/Dexterity Training/SONIKS

It's very important that local grievances are filed and documented when distribution of the mail is being performed that requires scheme knowledge.

These grievances should NOT be held at step one or two pending the outcome of the national dispute.

The remedy should be a cease and desist of the violation, to pay the available employee(s) with the necessary skills in accordance with Article 8 and to make the craft whole to include but not limited to any monetary remedies.

If it is an ongoing violation involving 30 hours or more of scheme knowledge per accounting period it could require the posting of a duty assignment with a scheme requirement.

Grievances should be filed on the USPS' unilateral changing of the dexterity training on EACH job posting.

Please request all the bids for each posting and that the remedy be for each employee to be able to receive the job they would have received if the jobs were properly posted. Each employee could be entitled to an out-of-schedule monetary remedy.

If an employee failed and was denied a bid or was fired or etc, an individual grievance should be filed and a make whole remedy requested.

The local union has a right to file a Class Action grievance on each posting and awarding of duty assignment postings involving the unilateral change.

Do NOT file the grievances as a continuing violation because it will hard to determine the proper remedy once settled either via a settlement or an arbitration award.

If you are denied union time in accordance with Article 17 and the 2010 JCIM Q and As, file a separation.

If repeatedly denied, file local Unfair Labor Charges with the NLRB.

Please contact your NBAs for guidance if necessary.

Do NOT try to place two or three issues within a grievance, make each a subject of a separate grievance.

The USPS days of repeatedly violating the contract with no consequences is over.

If local unions fail to do their part, they could possibly be omitted from any national remedy at their own peril.

Please review the national dispute on the SONIKS/Elimination of All Schemes dispute on the APWU website or contact your NBA.

Distribution via the PASS is NOT scheme required distribution, however the distribution of the parcels that could not be identified properly with the PASS is scheme distribution work.

Letter carriers performing distribution is clerk work rather it is on the PASS or not. The remedy should be to make the Craft whole for all hours worked performing the distribution. Currently work in the registry section is for career clerks.

An argument can be made that if a PSE is performing work on the PASS and an employee has to work in the registry section, then that employee MUST be a career clerk based on the USPS own 15 day statement on the DM-901 national dispute.

We have challenged all pilot programs in the Sales Retention Team national dispute. All of the disputes can be found on the APWU website or by contacting your NBA. Amazon/Same Day Delivery mail distribution on the PASS was nationally assigned to PSEs by the Postal Service. We challenged pilot programs as not being a part of the CBA.

I will not be responding to e-mails, text or telephone calls until January 4th, the day I return from annual leave.

If you do your part, I can assure you the USPS will come to the table or it will cost the USPS in a mighty way.

The longer they violate the contract, the more I will demand.

The longer they delay resolving the issue, the more costly it will be for them at arbitration.

For those who do not want to step up and do the work, I respectfully ask that you get out of the way and let someone else do it.

We can NOT continue to stand by and talk while the USPS continue to violation the APWU contract at their leisure.

Please share with your APWU local/state officers and stewards.

In union solidarity, the struggle continues,

Lamont Brooks
Assistant Director
Clerk Division
American Postal Workers Union, AFL-CIO

 

 

OWCP Tidbits

1.      You have a right to seek medical treatment from a physician of your choice.

2.      You have a right to decline medical treatment from the UPSP provider.

3.      Traumatic injury – medical condition occurred within a single work shift – immediately complete Form CA-1.

4.      Occupational disease – medical condition caused or aggravated by work environment over a period longer than one work shift – complete Form CA-2.

5.      Form CA-16 – USPS issues this form to you before you seek medical treatment from a health care provider of your choice.  This form guarantees payment for most medical treatments for up to 60 days as long as the injury was reported within seven days of occurrence.

6.      CA-17 – Form the USPS and physician fill out detailing your physical limitations. 

7.      COP – Continuation of Pay: Make sure you indicate COP when you complete form CA-1.  Form CA-1 must be completed within 30 days of the traumatic injury, and the first day of work stoppage must have occurred within 45 days of the injury.  Time lost on the date of the injury is charged to administrative leave.  Employees are eligible up to 45 calendar days, which includes non-scheduled days and holidays when medical evidence indicates that disability exists during those time periods. COP entitlement does not pertain to an occupational disease, and you must utilize LWOP, Sick Leave or Annual Leave until your claim is accepted by the Department of Labor.

8.      The employer must allow injured workers 10 days to submit medical documentation supporting their absence before they can interrupt COP.

9.      WLC – Wage Loss Compensation:  Form CA-7 must be completed to claim WLC.  Upon receipt, the employer has five working days to complete its portion of the form and submit it to OWCP. 

  1. COP & WLC – A three-day (3) waiting period, which begins on the first day of disability, must be satisfied before an employee can receive COP or WLC.  Non-scheduled days, sick leave and LWOP can be used to satisfy the waiting periods.  Waiting periods are waived when there are 14 days of cumulative work stoppage.

OWCP Claim approval is not required for COP to begin, 

but subsequently denied claims will be subject to repayment.

 

 

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It Could Be a Matter of Life and Death

Ramping Up for Safety Campaign

10/05/2015 - Declaring that “there are far too many serious safety problems at post offices and facilities,” APWU President Mark Dimondstein and Industrial Relations Director Tony D. McKinnon Sr. are calling on union members across the country to launch a Safety Awareness and Enforcement Campaign in mid-October. “Even the Postal Regulatory Commission recently reported that USPS management failed to meet its performance goal to ‘Ensure a Safe Workplace and Engaged Workforce,’” they wrote in a letter to local and state presidents. The Aug. 28 letter called on local unions, state organizations and Contract Action Teams (CATs) to enhance safety education among union members and take the necessary steps to ensure that unhealthy and unsafe conditions are corrected.   

 

 

 

 

 

07/01/2015 - In a major blow to the Postal Service’s deal with Staples, Region 5 of the National Labor Relations Board (NLRB) has issued a complaint charging that the USPS illegally subcontracted work to the office-supply chain and ordering the agency to return the work that existed on July 31, 2014, to the APWU bargaining unit. A hearing is scheduled before an NLRB Administrative Law Judge on Aug. 17.

If the NLRB sustains the allegations in the complaint, it could effectively end Staples’ foray into the mail business.

“In the meantime, the boycott of Staples and its online subsidiary, Quill.com, is still on,” APWU President Mark Dimondstein declared. "Let's turn up the heat!" 

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Attendance Articles

Deems Desirable

Sick Leave Issues

Administrative Leave

 The following information is provided to assist locals 

in documenting Administrative Leave grievances.

 

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The Postal Service's Union-Busting Law Firm
The Postal Service's Union-Busting Law Firm
The Postal Service's Union-Busting Law Firm
The Postal Service's Union-Busting Law Firm

Future generations will judge how we act in the next few months. Will we sit down and be quiet or will we stand up and fight?

We have the power. We just have to use it.

- See more at: http://www.apwu.org/news/deptdiv-news-article/postal-services-union-busting-law-firm#sthash.Kzn47C5r.dpuf

Trenton Metro Area Local's

 Executive Board

 

Bill Lewis President 
Bev Fletcher Executive Vice President 
Bernadette Seaman Industrial Relations Director 
Donna Reel Executive Secretary 
Thelma Myers Treasurer 
Elena White Clerk Craft Director
Steve Duckworth Maintenance Craft Director
Mike Strano Motor Vehicle Craft  Director
Suzanne LaShure Human Relations Director 
Dave Seaman Sgt at Arms 
Sandra Arakelian Trustee
Ken Wall Trustee
Michael Hughes Trustee

 

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Pecking Order for Newly Created Positions in POStPlan Installations.  

Post Plan Questions and Answers

The parties agreed to release the document at 9:00 a.m. today.  The pecking order agreed upon by the APWU and the USPS was based on the National Arbitration award for the POStPlan grievance, the subsequent MOU, and what the parties could agree to in a very short time frame. 

In general, the union attempted to come up with a clean and quick pecking order that would place bargaining unit employees from the area into the positions as soon as possible and make it easier for the locals and state organizations to manage the staffing process.

Given the 2,000 or so jobs expected to be filled in the 6 hour RMPOs (Remote Managed Post Offices) and the almost 12,000 PTFs in the bargaining unit, the majority of the jobs are expected to go to PTFs within the installation (bid cluster) and/or in a 50 mile radius from the APO (Administrative Post Office).  This will be a good opportunity for many PTFs to increase their hours and improve their high three for retirement.

As a result of the PTFs filling the positions in the 6 hour RMPOs, it is then expected that the PSEs will get converted to career by filling the vacant PTF positions.  The PSEs are also expected to fill the jobs in the 4 hour offices where they will be able to move to career as future vacancies come up in the installation (bid cluster).

The employee in the 6 and 4 hour RMPOs will be the only person working in their respective offices and will have the opportunity and responsibility to help preserve the post office for their community.   The APWU is working to gather the resources to help employees, locals, and state organizations preserve and enhance living wage jobs and good public service for our communities. 

 

 

Union Disposes of Another 'Red Herring'

Maintenance Defeats Improper Excessing

10/14/2014 - Maintenance craft officers recently settled an important dispute, stipulating that the Postal Service cannot declare an installation “non-maintenance capable” and then use the designation to justify excessing Maintenance Craft employees who work on Building Equipment. The work at issue was primarily that of Building Equipment Mechanics (BEMs), although occasionally the duties are performed by other occupational groups, such as Level 7 Maintenance Mechanics (MM-7s) and Level 5 Building Maintenance Custodians.

 

It Could Be a Matter of Life and Death

Ramping Up for Safety Campaign

10/05/2015 - Declaring that “there are far too many serious safety problems at post offices and facilities,” APWU President Mark Dimondstein and Industrial Relations Director Tony D. McKinnon Sr. are calling on union members across the country to

 

Union Disposes of Another 'Red Herring'

Maintenance Defeats Improper Excessing

10/14/2014 - Maintenance craft officers recently settled an important dispute, stipulating that the Postal Service cannot declare an installation “non-maintenance capable” and then use the designation to justify excessing Maintenance Craft employees who work on Building Equipment. The work at issue was primarily that of Building 

See more at: http://www.apwu.org/news#sthash.KLjzXXOO.dpuf

 

Union Disposes of Another 'Red Herring'

Maintenance Defeats Improper Excessing

10/14/2014 - Maintenance craft officers recently settled an important dispute, stipulating that the Postal Service cannot declare an installation “non-maintenance capable” and then use the designation to justify excessing Maintenance Craft employees who work on Building Equipment. The work at issue was primarily that of Building  

 See more at: http://www.apwu.org/news#sthash.KLjzXXOO.dpuf

Maintenance

Important Alert 

Enforcing the MS-47 MOU

A message which responds to inquiries that have come in on the work hour comparison of item 6 of the July 9, 2014 MOU. It’s intended to help out those Locals who may need some assurance they are on the right track.

Maintenance Craft Settles 

Dispute on Custodial Staffing; 

Will Convert More Than 3,150 PSEs

07/11/2014 - The APWU and USPS signed a major settlement July 9 that resolves a long-standing dispute over custodial staffing and results in the conversion to career of all Maintenance Craft Postal Support Employees, Maintenance Craft Director Steve Raymer has announced.

 MOU Maintenance PSE Conversion

 

MOU: Filling of Residual Vacancies

This memo will lead to the conversion of a significant number of PTFs to full-time and PSE to career.  

APWU, USPS Reach Agreement
On Filling Residual Vacancies
Settlement Will Result in PSE, PTF Conversions

(03/24/14) An important March 20 agreement between the APWU and USPS outlines a procedure for filling residual vacancies in the Clerk, Maintenance and Motor Vehicle Crafts, and will result in the conversion of Postal Support Employees to career status and the conversion of Part-Time Flexible Clerks to full-time, APWU President Mark Dimondstein has announced. “Establishing a fair procedure for converting Clerk Craft PSEs to career is a major accomplishment,” he said. “In addition, the settlement protects the contractual rights of career employees, ensuring that workers who were excessed are given the right to retreat into residual assignments, where they are eligible. It also will give mobility to unassigned full-time employees and to part-time flexibles who are converted,” he said.  

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The Attack on Small Offices

A report I prepared for the stewards to assist them in protecting our work.

Bill Lewis

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Trenton P&DC 204B Arbitration Award

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Weingarten Rights

EMPLOYEE'S RIGHT TO UNION REPRESENTATION  

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Chemical / Biological Agents in the Mail

Who is next?

Are we as a union prepared to assist our members?

An Article I wrote years ago

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Postal Employee's Relief Fund 

Please Donate Now

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APWU Retirement Information

 

For only $36 per year (which can be deducted in $3 increments from your monthly annuity check), your membership entitles you to a voice in union affairs and to participate in:

You will also receive a certificate for a free $5,000 Accidental Death and Dismemberment Insurance policy (up to age 80), a continuing subscription to The American Postal Worker magazine, and access to the Members Only pages on the APWU Web site.

Click here for a kit [PDF] that further describes these and the many other great benefits that come with being an APWU Retirees Department member.

Joining the APWU Retirees Department is also a great way to stay in touch with old friends and make new ones! Participating in union activities is a great way to get involved. Click here for a list of chapters and information about how to form a chapter

Join Now

Download Form

APWU Retiree's Tool Kit

 

 

 

 

 

Labor Relations Powerpoint Presentation on Lead Clerks (5-23-12)

 

  Lead  Clerk Questions & Answers

  Lead Customer Service Clerk Qual Standard

  Lead MPC Qual Standard

  LSSA Standard Position Description 

 

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Know Your Rights 

  

 

Weingarten Rights

EMPLOYEE'S RIGHT TO UNION REPRESENTATION

The rights of unionized employees to have present a union representative during investigatory interviews were announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews:

An investigatory interview occurs when a supervisor questions an employee to obtain information, which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation.

Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request.

When the employee makes the request for a union representative to be present management has three options:

(1) it can stop questioning until the representative arrives.

(2) it can call off the interview or,

(3) it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the employee should always refuse.)

Once you’ve asked for union representation, any attempt by management to continue asking questions before a union representative gets there is ILLEGAL. If supervisors pressure you by telling you that "you’re only making things worse for yourself" by asking for union representation, that’s against the law too.

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

What to Say if Management Asks Questions That Could Lead to Discipline:

"If this discussion could in anyway lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward by present at the meeting. Without representation, I choose not to answer any questions."

Know the limits:

Just as it’s important to know what your Weingarten rights are, it is also important to know the limits.

You are not entitled to have a steward present every time a supervisor wants to talk to you. Remember, if the discussion begins to change into questioning that could lead to discipline, you have the right to ask for representation before the conversation goes any further. If you are called into the supervisor’s office for an investigation, you can’t refuse to go without your steward. All you can do is refuse to answer questions until your union representative (or steward) gets there and you’ve had a chance to talk things over. 

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Rights Before Postal Inspectors & OIG Agents

 

If questioned by a U.S. Postal Inspector, even if you believe you are not guilty of any wrong doing, it is suggested that you:

  • Remain calm;
  • Correctly identify yourself;
  • Do not physically resist an arrest or a search of your person or property;
  • Read aloud to the Postal Inspectors the statement; listed below,
  • Remain silent until you have consulted with your APWU representative or attorney, as appropriate.

This is not complete legal advise.  Always consult with a lawyer.

 

Statement

I request the presence of my APWU representative.  If I am a suspect in a criminal matter, please so advise me.  If so, I wish to contact my attorney.

His/Her name is _______________________________________

Telephone number _____________________________________

If I am under arrest, I request you to so advise me and to inform me of the reason or reasons.

I do not consent to a search of my person or property.  If you have a search warrant, I request to see it at this time.

I do not waive any of my rights, including my right to remain silent.  I will not sign a waiver-of-rights form, nor admit or deny any allegation, nor make any written or oral statement unless my attorney is personally present and so advises me.

 

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HUMAN RELATIONS DEPARTMENT

NEW JERSEY STATE POSTAL WORKERS UNION

Trenton Metro Area Local

 

UNITED STATES POSTAL SERVICE 

EASTERN REGION

FAMILY AND MEDICAL LEAVE INFORMATION  

 

Here are the new phone numbers and mailing address to use to reach the 

Eastern Area FMLA Department.

 

PHONE :  1-(877)-477-3273, 

Option #5, then #6

 

FAX:  1-(651)-456-6041 

 

HRSSC – FMLA EASTERN

PO Box 970905

Greensboro, NC 27497

 

As your New Jersey State Director of Human Relations Director, I STRONGLY urge you to submit your FMLA paperwork to your via Certified Mail with Return Receipt, (green card) or by using the USPS Delivery Confirmation.  This will provide you with proof that your paperwork was received within the FMLA designated time limits.  

Remember, you only have 15 days to submit supporting Medical Documentation of your qualifying FMLA condition.  That 15-day period starts from the date of your absence.  This 15-day period will be stated on the WH-380 package you will receive in the mail from the USPS Topeka, Kansas Employee Service Center.  That Topeka, Kansas mail piece is automatically generated when you report off work on the Postal Ease Employee Call-out Number (1-877-477-3273 or for TTY users 1-866-833-8777), using Option #4 for Unscheduled Leave.  The Postal Service issued Topeka packet usually arrives in less than one week of your FMLA Call-off request.  

For more information feel free to call the TMAL Steward’s Office at (609)-581-8118 and we can help steer you in the right direction, if needed, when it comes to the Federal Family and Medical Leave Act..     

 

Updated: 10/11/11

 

 

 

OWCP Tidbits

1.      You have a right to seek medical treatment from a physician of your choice.

2.      You have a right to decline medical treatment from the UPSP provider.

3.      Traumatic injury – medical condition occurred within a single work shift – immediately complete Form CA-1.

4.      Occupational disease – medical condition caused or aggravated by work environment over a period longer than one work shift – complete Form CA-2.

5.      Form CA-16 – USPS issues this form to you before you seek medical treatment from a health care provider of your choice.  This form guarantees payment for most medical treatments for up to 60 days as long as the injury was reported within seven days of occurrence.

6.      CA-17 – Form the USPS and physician fill out detailing your physical limitations. 

7.      COP – Continuation of Pay: Make sure you indicate COP when you complete form CA-1.  Form CA-1 must be completed within 30 days of the traumatic injury, and the first day of work stoppage must have occurred within 45 days of the injury.  Time lost on the date of the injury is charged to administrative leave.  Employees are eligible up to 45 calendar days, which includes non-scheduled days and holidays when medical evidence indicates that disability exists during those time periods. COP entitlement does not pertain to an occupational disease, and you must utilize LWOP, Sick Leave or Annual Leave until your claim is accepted by the Department of Labor.

8.      The employer must allow injured workers 10 days to submit medical documentation supporting their absence before they can interrupt COP.

9.      WLC – Wage Loss Compensation:  Form CA-7 must be completed to claim WLC.  Upon receipt, the employer has five working days to complete its portion of the form and submit it to OWCP. 

  1. COP & WLC – A three-day (3) waiting period, which begins on the first day of disability, must be satisfied before an employee can receive COP or WLC.  Non-scheduled days, sick leave and LWOP can be used to satisfy the waiting periods.  Waiting periods are waived when there are 14 days of cumulative work stoppage.

OWCP Claim approval is not required for COP to begin, 

but subsequently denied claims will be subject to repayment.

 

 

Have you checked your eOPF 

The Official Personnel Folder, or OPF, documents the employment history of individuals employed by the federal government.  An OPF is established and maintained for each Postal Service employee regardless of appointment type or duration.  The OPF also includes all discipline issued within the ‘last’ two years.  After two years the discipline should be removed from the file. 

All USPS Official Personnel Folders for active employees have been converted to electronic official personnel folders-eOPFs.  The deadline for converting all files was August 1, 2008.  If you have been unable to access your file, try again.  Files can be accessed on a non-postal computer at http://liteblue.usps.gov.  You will need your eight-digit employee LD number and four-digit password. 

It is very important to check your file for accuracy.  Problems have been reported nationwide.  Individuals have logged on and discovered someone else’s OPF.  That’s a whole lot of personnel information for someone to steal.  So log on, make sure the file is your own and check all the dates for accuracy.  Also any discipline that is over two years old should be removed.

Unknown Author

 

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A few tidbits you need to know once you have been injured on duty: 

 

Recommendations for Family Medical Leave Documentation: 

Deems Desirable

By 

 

Due to several recent incidents and inquiries, it’s necessary to remind everyone about the three day waiting period you must endure when suffering a work related injury. 

Injuries that result from work activity occurring over more than one day, occupational injuries, have a three-day waiting period before OWCP wage loss compensation will be paid. The employee must be in a non-pay status for the first three days. No leave may be used, but if the inability to work exceeds fourteen calendar days, compensation will be paid for any wage loss during the three-day waiting period. These rules are unchanged. 

Thanks to President Bush signing the “Postal Accountability and Enhancement Act” into law, as of December 20, 2006, there is now a three day waiting period before continuation of pay (COP) is paid for traumatic injuries. Traumatic injuries occur in a single day or shift. This new rule applies to USPS employees only. 

During the first three-day period of a traumatic injury, you may choose to use annual leave, sick leave or leave without pay. If the disability exceeds fourteen days, or is followed by permanent disability, any leave that was used will be restored, if LWOP was used, the employee will be paid.

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Articles

Ventilation Filtration System VFS

By Gary Kloepfer

 

Automated Postal Centers

Installed in  Trenton P&DC Main Office Window 

Which Re-Hab or District employee will scab our work?

Could this be the first grievance when the building reopens?

 

Administrative Leave

 The following information is provided to assist locals 

in documenting Administrative Leave grievances.

 

12/60 Work Limitations and the

Appropriate Remedy for Exceeding the Ceiling

 

 


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