Some Videos From President of NY Metro Area Local APWU

The President of the NY Metro area local has published some informational videos that are quite informative. I think everyone should view them, so I am posting links to them here.

Reversions – President Jonathon Smith

Reversion # 2 – Smith & Foster

Reversion # 2, part 2 – Smith & Foster

Smith Accepts Challenge

 

 

In Solidarity,

Rob Stahl

 

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Uniform Allowance for Clerks in POStPlan Offices

On June 14th, the USPS and the APWU resolved a step 4 dispute regarding career Clerk Craft employees that are working in POStPlan offices. Both parties agreed that these Clerks are considered eligible for the uniform allowance program as long as the following requirements are met:

  1. The official assignment at a retail counter is for a minimum of 4 hours daily for 5 days a week on a continuing basis, or;
  2. For a minimum of 30 hours a week.

Previously, Clerk Craft employees working in POStPlan offices were denied a uniform allowance, simply because they were working in a POStPlan office.   (Ridiculous)

The dispute was initiated by the APWU, and the agreement was made that, yes, Career Clerks in these smaller offices that work on the window, in front of the public, should be afforded a uniform allowance. (Imagine that).

The parties also agreed that PSE employees converted to career, that are not required to serve a 90 day probationary period (because they already served at least one 360 day term as a PSE) will not be required to wait 90 days to be eligible for the uniform allowance.

This is relatively new, so if you know career clerks in POStPlan offices that have not yet received their uniform allowance, help them out and let them know they are now entitled to one. If there are any questions or issues, they can be easily resolved by calling the Union Office. The Postmaster themselves may be unaware of the change.

In Solidarity,

Rob Stahl

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Can non-odl employees work OT before the ODL gets 12 hours?

The following is a copy of a letter I sent to a member. It is in response to the question of whether it is a grievance when non-odl employees are allowed/mandated overtime alongside odl employees, before the odl employees have been offered 12 hours. I thought it was worthy of posting on here for everyone to read, so I want to thank the employee for giving me permission to post it.

Click for Relevant Contract Language: Article 8 NA and JCIM

Click to download the: Mittenthal Arbitration

I have attached the relevant contract language from the National Agreement, as well as the relevant language from the Joint Contract Interpretation Manual (JCIM), and a copy of an arbitration settlement on the issue, arbitrated by Arbitrator Mittenthal, dated January 14,1991.  As you may or may not know, National Arbitrations such as this one are agreed by both parties to be a binding resolution to the issue being arbitrated. As such, this is the interpretation of the contract language in question, that both sides must look to when there is a dispute. The APWU lost this case, with the Arbitrator siding with management, that there are occasions, other than time critical dispatches, etc where management MAY utilize both non-odl & ODL employees simultaneously on overtime, but they have to have a legitimate operational reason.

In our particular case,  whether management can utilize people that are not on the ODL, I will try to explain. When there are people that have not yet worked 12 hours that ARE on the ODL, they can use the people that are not on the ODL alongside the people that ARE on the ODL when the work being performed is time sensitive and could not be done, in time, utilizing solely the people that are on the ODL. This means that if they need to use the non-odl people AND the ODL people, to get the mail out in time for Dispatch at, say, 1 A.M., then it would be ok for management to require the ODL people & the non-odl to work overtime from 10PM til 12PM. Makes sense, right? Keeping the ODL people until 2 A.M. doesn’t help the 1 A.M. dispatch. Therefore, there is no violation of our contract. However, if management keeps the same people at the same times for the same reason, but dispatch is not until 6.A.M., then this IS a violation, because clearly keeping the ODL people until 2. A.M. would have left management with plenty of time to meet dispatch. Now we just have to meet our burden of proof.

Meeting the burden of proof is the key. When there is a contractual violation, the burden of proof is on the Union to demonstrate that what management did or did not do was indeed a violation. Only in the case of discipline is the burden on management to prove the discipline was for just cause. So the Union has to make the case that management violated the contract, and we have to be able to provide the evidence to convince a neutral party (Ultimately an Arbitrator) that management did commit a violation.

Many times there is a violation, but we don’t have the evidence to prove our case. One example is when management uses the non-odl people alongside the ODL people. We get a couple of statements from a couple of the ODL people and a couple statements from the non-odl people. They all say the same thing. Management used the ODL people and didn’t keep the ODL people 12 hours. As the Mittenthal Arbitration attached points out, there are situations when this is not a violation. So if that is all that is in the statements, and the burden of proof is on us, then management can merely submit at the step-2 meeting that time was of the essence. Management could claim whatever they want, and if we don’t have the evidence to prove otherwise, then it is basically a he said/she said scenario. With the burden of proof on us, and not management, then management wins. Appealing this case higher than step 2 would be a waste of time, Union resources, and would make it appear that we are bargaining in bad faith. Both parties are obligated to bargain in good faith. Failure to do so adds doubt and skepticism into all future grievances, increasing the burden on us in subsequent cases.

So in EVERY case we need to prepare to face management’s position. Here is what needs to happen, in the case we are discussing. As soon as the ODL or non-odl person finds out the above violation is occurring, they need to ask to see a steward, and ASAP, and let the supervisor know why they need them. The supervisor has the right to know, and the employee should tell them that the reason is because they believe that management should be utilizing 12 hour ODL people for 12 hours before keeping non-odl people 10 hours. Whatever the supervisor says, the employee should then write down. It doesn’t have to be immediately, but as soon as possible, and definitely in a statement to provide to a steward. Management normally has to provide a steward within 2 hours, and if they really are trying to meet dispatch, they definitely will make you wait. In the best case scenario, the supervisor would have realized their mistake, and let the non-odl people go home and kept the 12 hr. ODL people for the full 12 hours. That, we know, rarely happens. However, by approaching the supervisor and letting them know, it does give them a chance to fix their mistake. That is why addressing your supervisor is the first step in the grievance procedure, stated clearly in article 15 of the contract. Hopefully there is a steward on duty, or else you may have to wait, sometimes until the next day. This is a problem we face by not having enough people willing to step up and be stewards or alternate stewards. That problem is US, and there are times we lose cases, or never even get them grieved, simply because we don’t have enough members willing to step up and become a steward or alternate. This is as frustrating to the stewards and officers of our local, as it is for the members that feel they are not being represented as well as they should be.

Once management has provided a steward for you, then the supervisor should allow you to go off the workroom floor to discuss the issue. The grievant should let the steward know the issue, and then the grievant should go back to work, and the steward should go see the supervisor to either ask them the reasons for the contract violation, or else set up an appointment when they can discuss it. The steward needs to do this (as soon as possible) so that we have more evidence showing the reason management used for keeping non-odl employees late. It may also be that the supervisor’s reason is a valid one, in which case the steward can let the grievant know. Either way, the steward needs to find out what management’s position is on the issue; whether there was a dispatch time or some other time-necessary reason for the violation. Whatever the steward finds out, they should then be able to go back and discuss with the grievant. At this point, whether the steward recommends it or not, if the employee wants to grieve it, the grievant needs to tell their supervisor that they need time with the steward to write a statement regarding the grievance. The supervisor then has to give the person time, with a steward, to go off the floor and write their statement. As many people as were affected need to do the same, and write complete, factual statements, with as much detail as possible. We are afforded time on the clock to do this, so there is no reason for this to be an issue. Unfortunately, in many cases our own members do not want to be bothered. Employees need to be encouraged to write these statements because every statement helps us to prove our case. Additionally, if management has to lose 10 people for 15 minutes each, every time they violate our contract, then that helps to persuade management to stop violating our contract.

Once the statements are written, then the steward can gather other evidence such as Overtime Desired Lists, employee clock rings, Dispatch times, notes on what the supervisor claimed at the time, copy of the LMOU, copies of language from the Contract and JCIM, as well as any supporting arbitrations or step 4 settlements, etc.. This all will help us to prove that whatever management did was indeed a violation. We should be able to end up with enough evidence to prove that management did in fact violate the terms and conditions of the National Agreement, JCIM or our Local Memorandum Of Understanding (LMOU). With the right evidence, it’s possible that the supervisor will settle at step 1 and the case will be closed. Sometimes the supervisor will settle without much of the evidence at all, simply because they know the violation occurred and it saves themselves time, and the Postal Service money, because the employees and the stewards won’t need as much time off the work room floor. Other times, supervisors will not settle, and will just hope the employees and stewards will not take the time and make the effort to properly produce the evidence needed to prove their case.         This is why COMPLETE statements are so important. Who did what? When did it happen? Where did it happen? Why is it a violation? What remedy do you seek? This all, in detail, needs to be in every statement.

I want to mention a couple things. When an employee requests a steward, it is management’s responsibility to provide the steward. It is not up to the employee to go find one. If management says you can go find one, don’t let them get away with that. Let them know that you want to see a steward and that it is their obligation to get one and provide one. Keep track of when you ask. If you haven’t received one in 2 hours, ask again. It may be necessary to ask several times. In any case, document it. If a supervisor fails to provide a steward timely, that itself is a violation and needs to be the subject of another grievance. Once again it is on the employee to request the time with the steward and write the complete statement regarding the failure of management to provide a steward timely. If the steward is not provided timely, and/or the grievant is not provided time on the clock to write a statement, then the grievant needs to write the statement at home, or otherwise “off the clock”, with the reason they are writing the statement off the clock included in the statement. Part of the remedy they are requesting should be to pay them at the overtime rate for the amount of time they took to write the statement. We can’t let management get away with this stuff. We need to force management to recognize and adhere to our Contract, JCIM and LMOU.

I hope this answered your question. In summary, sometimes it is a violation and sometimes it is not. I am betting that more often than not, they ARE violating our contract. Unless you know for certain that what they are doing IS allowed, I would suggest that you go through the steps mentioned above and initiate a grievance.

In solidarity,

Robert Stahl

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Jim Bertolone Retirement Party

This flyer can be downloaded and printed by clicking on Party4Jim

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APWU Health Plan Info

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Postal Reform Legislation

Here’s some updates on Postal Reform.  Check them out :

 

http://www.thenewsblurb.net/2017/03/17/postal-reform-passes-house-committee/

Stop H.R. 756, Postal Service Reform Act of 2017

 

http://www.apwu.org/news/web-news-article/postal-reform-act-2017-moves-forward

 

 

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Steward Training & a Union Meeting This Week

It’s been very busy lately. It seems management is relentless on it’s perceived mission to ignore the contract more than ever before. New supervisors tend to make new supervisor mistakes, but some of the actions taken by more seasoned management lately leaves one to wonder if the increase isn’t coming from the District or Area. The President and Vice-President cannot be every member’s personal steward, so please understand if we refer you to your Steward or Chief Steward. By the Stewards and Chief Stewards fielding the questions and grievances, we are all able to get more accomplished and believe me, the Stewards and Chief Stewards are more than capable. When an issue or question arises that the stewards or Chief Stewards don’t have the answer to, they can inquire with the President and Vice-President and by this process, we all learn, and the next time the same or similar issue arises, the knowledge gained by the stewards will benefit others.

Certain things we know are coming from the higher ups. Limitations on changes of schedules and non-sched day overtime limits are of frequent discussion amongst the craft.  This too shall pass.

We had a great turnout today at the Union Office where we gave 8 members Steward Training. Some were nominated/elected at the January meeting, and some were members that just recently decided to get the training with the possibility of being appointed stewards and alternate stewards soon. The enthusiasm expressed by some of them was really uplifting and makes me feel good about the future of our local. The future looks very promising.

Thursday night is a Union Meeting, and will be the last one that our current President, Jim Bertolone, will be leading. I hope many will be able to find the time to come out and wish Jim the best in his retirement, which will begin in just over 2 weeks.

I realize it has been a bit of time since the website has been updated, and I apologize for that. If any member wishes to contribute content to the website, please drop me an email at Rob@apwulocal215.com , I would be eager to accept the help.

 

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Election Committee Report

The following is the posting mailed out by the election committee to be posted on all Union Bulletin Boards. Click on it to download it and feel free to print and circulate.

Election Committee Report

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Trump Freezes Federal Hiring & January’s Nominations Results

Federal Hiring Freeze

President Trump very quickly put a freeze on hiring of Federal Workers. We are unsure if this includes Postal Workers at this point. The following is a message from our own President, President Mark Dimondstein:

All, At this point in time we are examining  the new Trump Executive Order regarding a Federal hiring freeze and investigating whether it applies to the Postal Service. We are in discussions with our attorneys, our sister postal unions as well as postal management. When we have a clear answer we will get back to everyone. Thanks for your patience.

 

Our Local’s January Nominations for Elected Offices

The Following is a list of the nominations that were presented at the January Meeting. All nominations were unopposed. Therefore all nominees will assume Office on April 1st. Those offices listed below as “vacant” had no nominations. If you are a full dues paying member in good standing, and have not been an EAS employee, or 204b in the last year, you are welcome to submit a request, in writing, and will be considered by the President after April 1st.

President ———————-Robert Stahl

Vice-President—————–Zachary Deruyter

Secretary/Treasurer———-Linda Recino

Legislative Director———–vacant

Recording Secretary———-vacant

Sergeant at Arms————–vacant

MVS Chief Steward———–vacant

MVS Driver Steward——Dale Michael

VMF Steward————–vacant

Maintenance Stewards

Chief Steward————Anne Messina

P&DC, Tour 1————vacant

P&DC, Tour 2————vacant

P&DC, Tour 3————Kathleen Wilson

NW P&DC, All tours—-Vacant

Clerk Stewards

P&DC Chief Steward—-Carrie Wolff

Tour 1———————Gayle Rookwood

Tour 2———————vacant

Tour 3———————Michelle Pokutecki

NW P&DC Chief Steward—–vacant

Tour1———————-vacant

Tour 2———————vacant

Tour 3———————Renee Zambuto

Customer Service Stewards

Chief Steward————-Cheryl Goggins

City Stations—————Angela Archible, Colette Romach

Associate Offices

Fairport—————–Chris Zambuto

Henrietta—————-Rachelle Trudel

 

Anyone wishing to be an alternate steward needs to put the request in writing and send to APWU Local 215, PO BOX 22692, Rochester  NY 14692. The President will consider all requests and appoint alternate stewards at the April Meeting upon Needs of the Sections and Approval of the Executive Board.

 

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Union Night at the KnightHawks Game

There is a Union Member discount available for a Knighthawks Game on February 11, 2017.

You can click  knighthawks.formstack.com/forms/unions2017 to get discounted tickets.

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