Testifying before a Senate panel on Sept. 6, APWU President Cliff Guffey urged Congress to take action to prevent a collapse of the Postal Service, and he denounced USPS proposals to abrogate the union’s Collective Bargaining Agreement.
APWU President Cliff Guffey urged the Senate to take action to prevent a collapse of the Postal Service, Sept. 6, 2011.
“The Postal Service needs access to the overpayments it has made to retirement programs,” Guffey told the Senate Homeland Security and Governmental Affairs Committee. [full testimony - PDF]
The agency also needs relief from the requirement that it pre-fund its retiree healthcare benefits, he said. “No other federal agency is required to pre-fund its health benefits obligation, and very few private-sector firms do so,” he pointed out.
Outrageous, Illegal, Despicable
Guffey condemned USPS legislative proposals to give management authority to lay off 120,000 workers and to remove postal employees from federal retirement and health insurance programs, calling them “outrageous, illegal and despicable.”
The contract was signed less than four months ago, Guffey noted, and the APWU made compromises in order to keep retirement and health insurance benefits and to retain protection against layoffs for career employees. Yet the Postal Service is now seeking to circumvent the agreement by asking Congress to enact legislation overiding what the USPS and APWU negotiated, he said.
“The attempt by the Postal Service to keep what it gained from our bargain and to unilaterally abrogate what the APWU gained is in utter disregard for the legal requirement to bargain with the APWU in good faith,” he said.
“The APWU will oppose with every resource at our disposal any effort to destroy our health benefits program, to lay us off and replace us with temporary workers or to undermine our retirement,” Guffey said.
More Damaging in the Long Run
USPS proposals to cut jobs and slash service would damage the Postal Service in the long run, the union president said. The proposed cuts include the closure of thousands of post offices, stations, and branches, and “rapid and extreme consolidation” of mail processing facilities. These changes would weaken the Postal Service and exacerbate its revenue problems, Guffey said.
The savings that could be realized by closing thousands of post offices, for example, would be less than one percent of postal costs, he pointed out.
The loss of jobs, the loss of a community focal point and identity, and the loss of service caused by the post office closings would have a far more damaging impact, Guffey said.
“For many communities, the Post Office is where the flag flies. It is the face of the government to the people,” he said.
Also testifying were: USPS Postmaster General Patrick R. Donahoe; U.S. Office of Personnel Management Director John Berry; U.S. Government Accountability Office Director of Physical Infrastructure Issues Phillip R. Herr; Thomas D. Levy, Senior Vice President and Chief Actuary of the Segal Company; National Association of Postal Supervisors President Louis M. Atkins; Hearst Magazines Editorial Director Ellen Levine; and National Newspaper Association Director of Public Policy Tonda F. Rush.
APWU members are encouraged to contact their legislators and urge them to support bills to correct the USPS financial crisis. “We must make legislative action a priority,” Guffey said. For more information, visit www.apwu.org.
The APWU has designated July 18-22 National Organizing Week as part of a campaign to sign up new union members.
“The Postal Service is facing a financial disaster — which Congress created — yet some politicians are proposing a ‘fix’ that would be devastating for the USPS and for postal workers,” said President Cliff Guffey.
“We must ask all postal workers to join with us in the fight of our lives. To win this fight, union members must get involved in legislative affairs,” he said, “and must encourage co-workers who are not union members to join the APWU and get involved.”
To support the organizing campaign, the national union has sent locals a supply of posters, flyers, buttons, balloons, and more. Bright yellow posters spotlight the threats to our jobs, pay, and benefits. They say, “We Need You!” and ask, “Are You In?” Other material emphasizes the benefits of union membership — for newly-hired Postal Support Employees, workers in small offices, veterans, and postal workers generally.
Locals have been asked to plan organizing activities in swing rooms and other areas where workers congregate during National Organizing Week — and beyond.
In addition, the national union is mailing brochures to potential members, inviting them to sign-up and join the fight to save the USPS and to protect our jobs, our pay, our benefits and our collective bargaining rights.
“Now, more than ever, we need a larger, stronger union to stand up to politicians who are trying to make workers pay for the Postal Service’s financial difficulties,” Guffey said.
“That’s why we must tell co-workers who have not yet joined our ranks, ‘We Need You!’ and ask them, ‘Are You In?’”
010-2015 Contract Official Local-by-Local Ratification Vote Totals
APWU Web News Article 060-2011, May 18, 2011
Details of the APWU contract ratification vote are now available, including a local-by-local tally. The results [PDF] are shown alphabetically by state, with locals in each state listed alphabetically as well.
The local results were provided by the American Arbitration Association, which conducted the balloting under the supervision of a subcommittee of the Rank and File Bargaining Advisory Committee.
Ballots were mailed to 176,611 union members. In addition, ballots were sent to non-members who were invited to vote, provided they completed union sign-up cards that were enclosed in their ratification packets.
The tentative agreement was approved by more than 75 percent of those voting. The final tally was 69,451 to 22,351 in balloting that ended May 10.
More than 50 percent of APWU members participated in the voting. The participation rate represents a substantial increase over previous contracts, including the 2006-2010 contract, in which approximately 40 percent of eligible union members cast ballots.
In an effort to increase participation in the ratification process, APWU President Cliff Guffey announced that the national union would reward locals with the greatest participation of membership involvement. The top three locals in each of several categories will receive compensation to be used on behalf of the members. To be eligible, locals must have achieved a voter participation level of at least 50 percent.
Results of the rewards program will be posted at www.apwu.org soon as they become available.
Last week, Governor Lynch vetoed HB 474, also known as the falsely-labeled “right-to-work” legislation.
Despite overwhelming opposition to this anti-worker legislation, politicians in Concord will be taking a vote, attempting to override Governor Lynch’s veto, restricting the rights of employers and workers in New Hampshire to freely negotiate contracts.
We need to get 1/3 of the house to vote against the override and sustain the veto. This is going to be an extremely close vote, and with your help, we can win.
Lobby Against “Right-To-Work For Less” May 18th, 2011
Meet at America Votes starting at 8:00am (4 Park Street, Concord) to receive your lobby packet and walk over to the State House. We will be lobbying all day against this anti-worker legislation!
APWU members approved a new contract May 11, with more than 75 percent of those casting ballots voting in favor of ratification. The final tally was 69,451 to 22,351 in balloting that ended May 10. The agreement will expire May 20, 2015.
Ballots were tallied May 11. The count was conducted by the American Arbitration Association, under the supervision of the Rank and File Bargaining Advisory Committee.
“The new contract is an important achievement for the APWU,” said President Cliff Guffey. “We were able to retain protection against layoffs, bring back thousands of jobs in each craft, and limit excessing.
“The agreement includes many big changes, and I realize that some union activists are apprehensive,” Guffey added.“With help from the national union, I am confident that locals can implement the new provisions and protect the rights of APWU members.
“We also must make legislative activity a priority,” Guffey said. “We must support bills — such as H.R. 1351 — that will enable the Postal Service to remain viable in the future. This measure, which would correct postal funding inequities, is essential to our future.
“APWU members must visit members of Congress frequently and talk to them about our issues,” he said.
“In addition, we must focus on organizing,” the union president noted. “We have an opportunity to reach out to newly-hired workers and to non-members who are already on the rolls,” he said. “They will benefit from many of the new provisions, and we must let them know that their participation will make the union stronger.
“As a result of the new contract, the USPS will begin hiring — for the first time in many years. New people will strengthen the union and improve work life for current employees,” Guffey said.
New Provisions
“We were able to retain protection against layoffs, bring back thousands of jobs in each craft, and limit excessing.”
In addition to safeguarding jobs and restricting excessing, the contract [PDF - members only] awards wage increases of 3.5 percent, as well as seven uncapped Cost-of-Living Adjustments. The first increase will take place in November 2012.
The agreement also includes several new concepts: The “full-time” designation will apply to any position of 30 or more hours per week and to any position of 48 hours or less per week. This will allow for the creation of a variety of full-time schedules, including four 10-hour days, three 12-hour days, and four 11-hour days.
However, no current employee can be forced into a full-time position of less than 40 hours per week or more than 44 hours per week. Furthermore, there will be no mandatory overtime for employees in non-traditional assignments or in functional areas that utilize non-traditional full-time assignments.
The new agreement also provides for the creation of new positions for non-career Postal Support Employees.
These employees will have the opportunity to join the ranks of the permanent, career workforce by seniority. They will be part of the APWU bargaining unit, and will receive raises, health benefits, and leave.
Transitional Employees and Casuals will be eligible for conversion to Postal Support Employees if they have passed the appropriate tests and are on the register. “We will begin to spread the word among TEs and Casuals right away and encourage them to take the necessary exams,” Guffey said.
The Numbers
Ballots were mailed to 176,611 union members, and more than 50 percent were returned by the deadline.
“I wish more union members voted,” Guffey said, “but I am pleased that participation increased substantially over previous ratification votes.” Forty percent of eligible union members took part in the ratification process for the 2006-2010 contract.
“The increase demonstrates that our membership is interested and active,” he said.
Ballots were mailed to 35,668 non-members, who were invited to vote, provided they completed union sign-up cards that were enclosed in their ratification packets.
The vote count was conducted by the American Arbitration Association on May 11 near Washington, DC, under the supervision of the Rank and File Bargaining Advisory Committee. Clarice Torrence, chairperson of the committee, announced the final results at 3:30 p.m. Eastern Daylight Time.
Results showing the voting by individual locals will be posted at www.apwu.org as soon as they become available. Winners of the union’s voter-participation contest will be announced as soon as they have been identified.
Bargaining between the APWU and the USPS began Sept. 1, 2010, approximately 90 days prior to the expiration of the old contract on Nov. 20. The parties agreed to several extensions while negotiations continued.
On March 14, the union and management announced a tentative agreement. The Rank and File Bargaining Advisory Committee voted unanimously to endorse the agreement, as did the National Executive Board.
Thanks
“I want to thank the members of the union’s Negotiating Team for their invaluable assistance,” Guffey said. “They are Greg Bell, Executive Vice President; Mike Morris, Director of Industrial Relations; Rob Strunk, Director of the Clerk Craft; Steve Raymer, Director of the Maintenance Craft, and Bob Pritchard, Director of the Motor Vehicle Craft. In addition, APWU staff worked long hours and provided expertise that was crucial to our success.
“I also appreciate the seriousness and dedication of the members of the union’s Rank and File Bargaining Advisory Committee,” Guffey said. “They worked diligently to represent the membership of our union.
“Finally, thank you to all the union members who made the effort to read the agreement and vote. No matter how you voted, the APWU is stronger and better because of your participation.”
(05/11/11) The counting of ballots in the ratification vote on the 2010-2015 Collective Bargaining Agreement has begun. As of 12:00 p.m., the numbers stand at 64,530 “yes” votes, and 20,533 “no” votes. The numbers will be updated periodically as they become available. The final vote count will be posted at www.apwu.org.
With just one week remaining before voting ends on ratification of the tentative 2010-2015 Collective Bargaining Agreement, union members are reminded to cast their ballots. Votes must be received in the designated return post office box by 9 a.m. on May 10.
“I encourage every member to participate,” said APWU President Cliff Guffey. “The provisions of the contract will have a profound impact on our jobs and our future, so it is very important that union members make their voices heard.”
Votes will be counted on May 11 at the Gaylord Hotel just outside Washington, DC, and will be supervised by the Rank-and-File Bargaining Advisory Committee. Results will be posted at www.apwu.org as soon as they become available.
(04/11/11) A few provisions of the Tentative Agreement have been misunderstood by some union members. APWU President Cliff Guffey sets the record straight in video messages on Pay Raises vs. Health Benefit Costs and Non-Traditional Full-Time Assignments. [full story]
Two Postal Service Reform Bills Introduced in Congress
APWU Web News Article 041-2011, April 11, 2011
Two legislators have introduced postal reform bills designed to restore stability to the cash-strapped agency and help it survive tough times.
Rep. Stephen Lynch (D-MA) introduced H.R. 1351 [PDF], which would correct the overfunding of the Postal Service’s pension accounts. Rep. Gerry Connolly (D-VA) introduced H.R. 1262 [PDF], which would modernize the Postal Service business model.
Lynch’s bill, “The USPS Pension Obligation Recalculation and Restoration Act of 2011,” instructs the Office of Personnel Management (OPM) to recalculate the Postal Service’s payments to the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) using updated methodology. Independent actuarial studies have concluded that as a result of improper funding formulas, the USPS has overpaid CSRS by $50 billion to $75 billion. FERS overpayments are estimated at $6.9 billion.
The measure says that if overpayments are found during OPM’s recalculation, any surplus would be transferred to the USPS. OPM also would be required to immediately repay the USPS money it overpaid into its FERS account. The Postal Service could use these funds to meet its retiree health benefits funding obligations.
APWU President Cliff Guffey applauded the legislation. “This bill would get the Postal Service on track toward fiscal solvency,” he said.
Connolly’s bill, “The Reform the Postal Service for the 21st Century Act,” would modernize the Postal Service’s business model and enable it to continue to provide universal service to the American public, improve efficiency, and foster postal economic growth.
Among other proposals, H.R. 1262 would require the Postal Service to submit a plan to Congress for the “co-location” of post offices at retail establishments. The bill stipulates that all services provided at “co-located” facilities must be performed by USPS employees. Furthermore, the plan must ensure the same level of service currently in existence, and communities must be given an opportunity for input before establishing such locations. Follow up reports on the facilities must be made to Congress once every two years.
H.R. 1262 also would require the creation of a “Forever Box” for mailing parcels, similar to the “Forever Stamp,” and would establish a simplified rate structure for Vote by Mail programs in states and local communities.
The union president encouraged locals to contact their members of Congress and urge them to co-sponsor these important bills.
“These bills are critical to strengthening the Postal Service for the future,” Guffey said. “Urge your legislators to support these measures in order to protect the USPS.”
Powerful senators have introduced legislation that, if adopted, would dramatically increase the cost of health and life insurance premiums for postal employees, and would void provisions of the tentative 2010-2015 USPS-APWU Collective Bargaining Agreement.
On March 28, Sen. John McCain introduced an amendment to S. 493, the SBIR/STTR Reauthorization Act of 2011, which would force active postal employees to pay a higher portion of their health andlife insurance premiums.
According to the union’s current contract with the USPS, the Postal Service pays approximately 81 percent of an employee’s health plan premium, while other federal agencies pay 72 percent of their employees’ health insurance premiums. Over the life of the Tentative Agreement between the APWU and USPS, management’s share of health plan premiums would decrease by 5 percent; its share of life insurance premiums would remain unchanged.
Sen. McCain’s amendment would set postal contributions to health and life insurance coverage at the same rate other federal employees pay, increasing employee contributions substantially.
“This is clearly an attack on our collective bargaining rights, and an affront to both the union and the Postal Service,” said APWU President Cliff Guffey. “The parties reached an agreement that would benefit both sides — and now anti-union legislators are threatening to nullify the agreement.”
In addition to McCain’s amendment, Sens. Tom Coburn (R-OK) and Richard Burr (R-NC) introduced a bill that would deny all federal workers hired after 2012 the ability to participate in the Federal Employees Retirement System (FERS).
If approved, S. 644 [PDF] would end the defined benefits portion of the FERS program and leave in place only the Thrift Savings Plan (TSP). It also would reduce the employers’ pension contributions, and force employees to pay more toward their retirement benefits.
Threatening Our Rights
Guffey said the recent amendments are an attempt by lawmakers to undermine the negotiating process and strip postal workers of their collective bargaining.
“We cannot sit idly by as politicians try to deny postal employees of their hard won rights and benefits,” Guffey said. “It is more important than ever that we fight to protect our jobs, wages and benefits.
“These attacks demonstrate how important it is for APWU members to cast their vote on the Tentative Agreement,” the union president said.
Rally at NH State House, Concord NH. Legislature has passed legislation to abolish collective bargaining ("Right to Work"legislation) for public service workers- teachers/police/firefighters/state employees...and in separate legislation to redefine- and reduce- pension benefits.
Sponsored by: American Federation of Teachers Local NH
Location: NH State House Concord, NH 03105
Directions: I-93 North to Concord NH. Follow signs to State House. Parking at Storrs St. (Capitol Commons) or North State St.- next to YMCA- garages.
NH House apparently thinks this is Wisconsin and the House Finance Committee has declared war on workers! We pull together or we fall apart!!
Late Tuesday afternoon Neal Kurk (R- Weare) introduced an amendment to House Bill 2 (the budget trailer bill) to include the following language:
Impasse in Collective Bargaining. RSA 273-A:12, VII is repealed and reenacted to read as follows: VII. For any collective bargaining agreement entered into by the parties after the effective date of this paragraph, if the impasse is not resolved at the time of the expiration of the parties' agreement, the terms of the collective bargaining agreement shall cease and all employees subject to the agreement shall become at-will employees whose salaries, benefits, and terms and conditions of employment shall be at the discretion of the employer.
The amendment passed the house finance committee 20-6 along party lines, with the Republicans voting for the amendment. As a result of this vote, right now it is part of the house finance bill (HB2). This is the first step in a long process; the Bill as amended now goes to the full house floor and then on to the senate.
Tomorrow, the Finance Committee will vote on the full budget bills HB 1 and HB 2 at 2pm. We need members out support collective bargaining at 1:30pm at the Legislative Office Building, Room 210. We will be there to show our opposition to HB 2 and solidarity with our public sector brothers and sisters.
After the committee vote takes place tomorrow, it is expected that the full House will hear the bill on Thursday March 31. We will need lots of support from union members throughout the state on that day.
PLEASE ….IF YOU BELIEVE IN COLLECTIVE BARGAINING & there is any way possible, talk to your Co-Workers and SHOW UP!
The APWU National Executive Board voted unanimously last week to approve the union’s Tentative Agreement with the Postal Service, and in a video for APWU members, officers working at the organization’s Washington DC headquarters urged members to ‘Vote YES!’
Some Questions – and Answers – On the Tentative Agreement
APWU Web News Article 027-2011, March 16, 2011
Several questions have been posed on the APWU’s Facebook page regarding the Tentative Agreement for a new contract. Union officers address questions regarding the conversion of Clerk Craft part-time flexible employees and part-time regular employees below.
Questions & Answers On Conversion of Clerk Craft PTFs and PTRs
1) What is a traditional full-time and non-traditional full-time duty assignment in the Clerk Craft?
Response: A traditional full-time duty assignment is eight hours a day, five days a week, totaling 40 hours. A non-traditional full-time duty assignment is more or less than 5 days a week; between 30-48 hours a week; between 4-12 hours days.
2) Is there a specific schedule or guideline for conversion of part-time regular employees and part-time flexible clerks in Level 21 & above offices to full-time?
Response: Yes. All conversions will take place within three months of the signing of the agreement. A Form 50 taking such action will be sent to the employee.
3) Can the Postal Service convert to full-time prior to the effective date?
Response: Yes, unless there is withholding in the installation and/or there are employees with retreat rights under Article 12.
4) What happens if there are excessed full-time clerks who retain retreat rights or must be returned to the Clerk Craft from other crafts when part -time flexibles or part-time regulars in those installations are converted to full-time?
Response: Excessed clerks will be offered any of the following prior to conversion to full-time:
The opportunity to exercise a retreat to the newly created assignment.
A former clerk who was excessed to a non-AP WU craft must be returned to the vacancy but you can’t be assigned to less than 40 hours per week.
A clerk who was excessed to another APWU craft may use their retreat right to the vacancy or may voluntarily give up the right to retreat.
5) How will employees be assigned once converted to full-time?
Response: The employees shall be placed in a residual vacancy in accordance with Article 37.
6) What if converted PTR or PTF employees cannot be placed in traditional full time or non-traditional full-time available residual vacancies?
Response: They will become an unencumbered full-time clerk per Article 37.4.D
7) How long can employees converted to full-time be unencumbered?
Response: 120 calendar days. If the employee is unencumbered for 120 days, this shall demonstrate the need to post full-time duty assignments in accordance with Article 37.4.
8) Can former part-time regular or part-time flexible employees converted to full-time in accordance with this agreement be assigned to non-traditional full-time residual assignments?
Response: Yes, but after excessed employees have been given their retreat rights and/or an opportunity to return to the craft in accordance with Article 12 and Question #4 above.
9) What is the minimal number of hours that can be assigned to non-traditional full-time assignments?
The APWU National Executive Board voted unanimously last week to approve the union’s Tentative Agreement with the Postal Service, and in a video for APWU members, officers working at the organization’s Washington DC headquarters urged members to ‘Vote YES!’
The American Postal Workers Union and the U.S. Postal Service have reached a tentative agreement on a new contract, union President Cliff Guffey announced today.
“Despite the fact that the Postal Service is on the edge of insolvency, the union and management have reached an agreement that is a ‘win-win’ proposition.” — APWU President Cliff Guffey
“Despite the fact that the Postal Service is on the edge of insolvency, the union and management have reached an agreement that is a ‘win-win,’ proposition,” he said.
“Throughout the bargaining process, the union has sought to negotiate a contract that would be fair to our members and that would enable the USPS to succeed in the future,” he said. “The tentative agreement accomplishes those goals.
“The new contract will safeguard jobs, protect retirement and healthcare benefits, and provide a 3.5 percent wage increaseover the life of the contract. The first raise will be in November 2012,” Guffey said.
No Layoffs, Limits on Excessing
The new Collective Bargaining Agreement, which will expire on May 20, 2015, retains protection against layoffs for all career employees who were on the rolls as of Nov. 20, 2010, when the current contract was scheduled to expire.
“Avoiding layoffs was a top priority,” Guffey said, noting that more than 100,000 postal jobs have been eliminated in the last three years.
The contract also includes provisions that will return to postal employees a significant amount of work that had been outsourced or assigned to managerial personnel. “This will strengthen job security for our members while it saves the Postal Service money,” the union president said.
The agreement limits excessing outside of an installation or craft to no more than 40 miles from the installation in most cases and to no more than 50 miles in any case. If management cannot place employees within 50 miles, the parties will jointly determine what steps may be taken.
“These restrictions will ease the hardship of excessing, which in recent years has forced thousands of APWU members to sell their homes, uproot their families, and move hundreds of miles away from their communities,” Guffey said.
There will be no changes to the healthcare benefits of APWU members in 2012. Each year from 2013 through 2016 there will be a slight shift in employees’ share of contributions toward healthcare coverage. This will amount to an increase of several dollars per pay period each year. (Similar changes were made in the last contract.)
New Scales, New Category
A new, entry-level salary will be added to the pay scale for future employees in Levels 3 through 8.
Casuals and Transitional Employees will be eliminated as a workforce category. To provide the USPS with flexibility, the parties agreed to create a new position for Non-Career Assistants, who will comprise up to 20 percent of workforce in most functional areas in the Clerk Craft and up to 10 percent in both the Maintenance and Motor Vehicle Crafts.
These employees will be paid lower wages than career employees, but higher wages than Transitional Employees and Casuals. They will be part of the APWU bargaining unit and will receive raises, health benefits, and leave. Non-Career Assistants will have access to the grievance procedure, and they will have the opportunity to join the ranks of the permanent, career workforce by seniority.
“The Postal Service’s desperate financial situation made these negotiations especially hard,” Guffey said. “But we have reached a tentative agreement that will enable the USPS and its employees to get past these difficult days.
"The USPS economic crisis is caused by an unreasonable requirement that the agency pre-fund the healthcare benefits of future retirees — a burden no other private company or government agency bears,” he continued. “Correcting that inequity is essential to restoring long-term stability to the Postal Service.
“I call on union members to join together to meet with their legislators and urge them to correct this inequity so that we are not forced to bargain under these circumstances again,” Guffey said.
“I want to thank the members of the union’s negotiating team for their outstanding work,” Guffey said, “and, most importantly, I want to thank the members of the APWU for their ongoing support.”
Member Ratification
In accordance with the union’s constitution, a majority of the members of the Rank and File Bargaining Advisory Committee must approve the agreement before it can be sent to union members for a ratification vote. The committee will supervise balloting.
Highlights of the New Collective Bargaining Agreement
Below are key components of the tentative agreement between the U.S. Postal Service and the American Postal Workers Union for the 2010-2015 Collective Bargaining Agreement. The four-and-half year contract, which will expire at midnight on May 20, 2015, must be ratified by members of the APWU.
Wages
There will be across-the-board pay increases of 3.5 percent over the life of the contract.
Nov. 17, 2012 – 1% increase
Nov. 16, 2013 – 1.5% increase
Nov. 15, 2014 – 1% increase
Cost-of-Living Adjustments
Cost-of-living increases will continue and will be “back-loaded.” COLAs for 2011 were waived, and COLAs for 2012 are deferred until 2013.
A March 2012 COLA will become effective in March 2013, together with a March 2013 COLA.
A September 2012 COLA will become effective in September 2013, together with a September 2013 COLA.
Cost-of-Living Adjustments will be made in March and September 2013.
Cost-of-Living Adjustments will be made in March and September 2014.
A Cost-of-Living Adjustment will be made in March 2015.
New Entry-Level Steps
Additional steps will be added to the pay scale for new employees in Levels 3through 8, with lower starting salaries. Future employees will progress through the new steps onto the current pay scale, but will not be eligible to progress to the current top step.
Health Benefits
There will be no changes to the healthcare benefits of APWU members in 2012. Each year from 2013 through 2016 there will be a slight shift in employees’ share of contributions toward healthcare coverage. This will amount to an increase of several dollars per pay period each year. (Similar changes were made in the last contract.)
Limits on Excessing
The agreement limits excessing outside of an installation or craft to no more than 40 miles from the installation in most cases and to no more than 50 miles in any case. If management cannot place employees within 50 miles, the parties will jointly determine what steps may be taken.
Employees will not be required to retreat to crafts they were excessed from if the crafts are represented by the APWU.
There will be designated “moving days” no more frequently than once every three months for excessing from postal installations. This will strengthen seniority when excessing occurs in multiple installations within a geographic area.
Jobs and Job Security
Protection against layoffs continues for all career employees who were on the rolls as of Nov. 20, 2010. The language of Article 6, which governs layoffs and reductions-in-force, remains unchanged.
New provisions on subcontracting give the APWU the opportunity to develop proposals to compete with subcontractors for work, and stipulate that if APWU-represented employees can perform the work less expensively than the subcontractors, the work must be performed by APWU-represented employees.
The tentative agreement protects jobs with a provision that stipulates that the APWU will retain jurisdiction if the duties of union members are moved to facilities that are not currently represented by the APWU.
Jobs in the Clerk Craft
No fewer than 1,100 Call Center jobs that had been contracted out will be returned to the APWU bargaining unit. The Call Center locations will become part of the installation of the nearest Processing & Distribution Center, so that APWU members can bid on these positions.
A minimum of 800 positions will be created in the Clerk Craft to perform administrative and technical duties that are currently performed by EAS personnel.
Lead Clerk, PS-7, positions will be created in mail processing and in retail to perform administrative duties.
At least one Lead Clerk position will be established in any office where there is no supervisor.
At least one Lead Clerk position will be established in any Customer Service office with five or more Clerk Craft employees.
Ratios for the establishment of Lead Clerk positions in mail processing will be as follows :
# Clerks
# Lead Clerks
5-49
1
50-99
2
100-199
3
200-499
4
500 or more
5, plus one for each 100 clerks
204Bs will be eliminated from offices with supervisors, except to fill absences of more than 14 days and vacant assignments of more than 14 days.
Part-Time Regular positions will be eliminated from the Clerk Craft.
Jobs in the Maintenance Craft
There will be a joint audit of maintenance work currently performed by contractors to identify duties that can be assigned to the Maintenance Craft where it is cost effective.
Custodial staffing will be established on an installation-wide basis rather than on a facility-wide basis.
Initially 1,500 custodial positions that were contracted out will be returned to the bargaining unit.
Help Desk positions at the MTSC (Maintenance Technical Support Center) in Norman, OK, will be assigned to the bargaining unit.
There will be an audit of EAS positions to determine if non-supervisory duties are being performed. Bargaining unit duties derived from the audit will be returned to the bargaining unit and a minimum of 60 bargaining unit positions will be established.
All in-craft promotions will be on the basis of installation seniority within a “banded” score.
Jobs in the Motor Vehicle Craft
Approximately 740 Vehicle Maintenance Facility positions will be created to perform work that is currently performed by subcontractors. The jobs will be created as follows:
219 Level 8 Technicians 459 Level 9 Lead Technicians 62 Level 10 Lead Technicians
A minimum of 600 Highway Contract Routes (HCRs) will be converted to Postal Vehicle Service (PVS) routes, with a minimum of 25% of the duty assignments given to career employees
The APWU will have the opportunity to review approximately 8,000 additional HCRs, and will have the opportunity to submit proposals for the work.
There will be an audit of EAS positions to determine if non-supervisory duties are being performed. Bargaining unit duties derived from the audit will be returned to the bargaining unit and a minimum of 60 bargaining unit positions will be established.
Part-Time Flexible and Part-Time Regular positions will be eliminated from the MVS Craft.
New, Non-Traditional Positions
The tentative agreement changes the definition of “full-time” in a way that gives the Postal Service and our members greater flexibility.
The “full-time” designation will apply to any position of 30 or more hours per week and to any position of 48 hours or less per week
No current employees can be forced into a full-time position of less than 40 hours per week or more than 44 hours per week.
These provisions will allow for the creation of many non-traditional full-time schedules, including four 10-hour days, three 12-hour days, and four 11-hour days.
There will be no mandatory overtime for employees in non-traditional assisgnments or in functional areas that utilize non-traditional full-time assignments.
To provide the USPS with flexibility, the parties agreed to create a new position for Non-Career Assistants, who will comprise up to 20 percent of the workforce in most functional areas of the Clerk Craft and up to 10 percent in both the Maintenance and Motor Vehicle Crafts. These employees will be paid lower wages than career employees, but higher wages than Transitional Employees and Casuals. They will be part of the APWU bargaining unit and will receive raises, health benefits, and leave. Non-Career Assistants will have access to the grievance procedure, and they will have the opportunity to join the ranks of the permanent, career workforce by seniority.
Transitional Employees and Casuals will be eliminated as workforce categories. Employees who are currently serving as TEs or Casuals will be eligible for conversion to Non-Career Assistants if they have passed the appropriate tests.
Small Offices
There will be no Part-Time Flexibles in Level 21 and above offices. Positions will be staffed with Full-Time Regulars (including non-traditional assignments) and Non-Career Assistants.
In Level 20 and below offices, wherever the union can demonstrate the existence of 30-hour duty assignments, management must create them.
Restrictions will be placed on the amount of bargaining unit work that may be performed by supervisory personnel in small offices. The formula is as follows:
Level 20 offices and above - No bargaining work by supervisors allowed
Level 18 offices - 18 hours per week
Level 15 and 16 offices - 25 hours per week
Many Contract Postal Units (CPUs) will be returned to the APWU bargaining unit; others will be closed, and a system will be established to evaluate additional CPUs for return to the bargaining unit or closure.
Bidding
Employees will enjoy unlimited bidding on jobs that do not require training or a deferment period. Such bids will not count toward an employee’s allowed number of bids.
Light & Limited Duty
The union’s proposals regarding light- and limited-duty positions will proceed to arbitration. Our proposals are intended to protect seniority rights and to provide fair opportunities for accommodation for employees that need it.
On Tuesday, the House Labor Committee voted 10-7 to pass "right to work" (for less). This is a devastating blow to the middle class of New Hampshire. The full House will be voting on this bill on Tuesday, February 15th.
2. Call your State Representative and ask them to vote against HB 474. As you may know, State Representatives answer their own phones at home, and constituent phone calls are taken very seriously. Your phone call will go a long way! (Talking points provided below).
3. Volunteer some of your time to help the middle class by contacting jclark@nhaflcio.org. We have a variety of projects like mailings, office work, phone calls. Help us on the front lines-sign up today!
Sample Talking Points
State representatives should be focusing on creating jobs and ending outsourcing. If HB 474 becomes law, it will drive down wages, decrease safety and restrict the freedom of workers to join together and stand up to the CEOs.
Supporters misleadingly call House Bill 474 a “right to work” proposal. House Bill 474 isn’t about rights, and it’s not about work. It’s about weakening middle-class families and their unions.
When one side gains power in our politics, they always try to hurt and punish the other side. This is politics as usual, but New Hampshire can't afford it! We need to create jobs, not engage in petty political posturing.
Questions and Answers commonly asked about HB 474.
If New Hampshire does not have an RTW law, can an employee be forced to join a union?
No. The U.S. Supreme Court has ruled that no collective bargaining agreement can require anyone to join a union. Unions and employers may only negotiate contract provisions requiring non-members to pay the proportion of union dues spent to represent them.
Does a union security clause require non-members to pay full union dues?
No. Non-members pay only the proportion of union dues that are related to collective bargaining expenses.
In accordance with our Local Constitution February is the month I must provide the membership with our annual State of the Union address. This report is not reflective of one person’s efforts but rather a collective of the entire administration, Officers, Stewards and member volunteers.
Grievances: Approximately 400 grievances were filed in 2010 for both the Manchester installation and the L&DC. This includes all crafts, all tours and issues range from improper reversions and reassignments, overtime violations, supervisors performing bargaining unit work and discipline. In addition we are filing many grievances over management’s concerted effort to intimidate employees experiencing unscheduled absences with the repeated requests for documentation and the denial of leave. 2011 should see either a newly negotiated collective bargaining agreement or an arbitrated contract. Little information from the national negotiating team has been released but we are told the talks are still ongoing. With that, a time frame will be set for locals to negotiate any changes to their own agreements. We will be asking members to submit suggestions for any improvements to our current language.
Arbitrations: Last April the Motor Vehicle Craft won an arbitration case regarding the sub-contracting of vehicle maintenance. Arbitrator Simmelkjaer found management violated Article 32 when they increased the subcontracting solely to avoid overtime. That award took eight months of meeting with management and a second hearing before the arbitrator to reach a remedy. Eighteen Motor Vehicle employees will divide $252,960. The local’s expedited cases, mostly discipline, are now current but contract cases are still very slow to be scheduled. Vice President Chris Howe has been appointed as an advocate for Maintenance cases and I have asked NE Regional Coordinator, John Dirzius to start the process of having Chris appointed to advocate Clerk Cases as well. With a new contract we will have a new panel of arbitrators and hopefully we will gain some ground on efforts to resolve the contract issues we have in the system.
Associate Offices: Last year we gained three new AO’s, Lebanon, Dover and Durham and I redesignated the representation of all our AO’s between our two Area Business Agents. This keeps them in the same geographical location with each having seventeen offices to represent. Unfortunately excessing has hit the AO’s hard, District Management reviews computer generated reports in Maine and tells Postmasters here in New Hampshire their offices are overstaffed while even the Postmasters will tell you they do not have enough employees! Currently we still have a moratorium on involuntary excessing which put six of our offices on hold.
Conventions, Education and Conferences: Six Executive Board members attended the National Convention in Detroit to debate and vote on resolutions ranging from contract to constitutional language. One of our members also took advantage of an historic first from President Burrus, the offer to fund his national convention attendance because he was younger than 35.
He is now an alternate steward in Motor Vehicle and I believe has a new appreciation for the APWU. Your elected officials also attended the first annual New England Multi State Convention in RI giving us an opportunity to hear from a number of national officers. This year’s Multi State is in our own backyard here in NH and at this time we expect to have at least twelve delegates present. Other training included a Secretary/Treasurers conference, the Human Relations Conference, a Health Plan Conference, the NH/AFL-CIO Legislative day and a Stewards training sponsored by the NH/APWU. We also have a presence at each National President’s Conference gaining updates on national level issues while also getting a perspective on how local’s across the country are dealing with the same struggles.
Legislative Activity: We are very active in the legislative arena and are full dues paying members of the NH/AFL-CIO and the Manchester Central Labor Council. Not withstanding our hard work during the election season we had an unfortunate loss of labor friendly candidates here in New Hampshire as well as many parts of the country. The battles have already begun but we are determined to push back regressive and detrimental legislation. Just last week I attended the Right to Work “for less” hearing at the State House and watched Legislative Director Janice Kelble give testimony.
Functions and Events: With our budgetary constraints 2010 did not have the usual Christmas Party and Golf Tournament but we made our monthly membership meetings an opportunity for socializing with a breakfast meeting, barbecues, and the December Pot Luck Dinner. Human Relations Director Kim Beck made our second annual Toys for Tots project an even bigger success by doubling the donation to more than $1,500.00. She solicited donations from area businesses and members to create more than thirty baskets to raffle off.
Finances and Expenses: All of the above costs money. Expenses are approved either through the budget, motions or constitutional language. This administration is committed to their fiduciary responsibility and makes every effort to keep our costs under control. With this in mind and our merger efforts we were able to keep our total 2010 expenses under budget. Personally I look forward to 2011 when we finally put a new roof on our building!
I want to extend my sincere thanks to the entire staff, officers and stewards. We have completed our first year of this new term and I couldn’t ask for a better group of individuals. They do not get the recognition they deserve. In my years of service to the APWU I have never seen the number of issues that come up on a daily basis. You have an expectation of a certain level of service that can at times take a toll on your union officials but we all support each other and they remain diligent in their efforts to do the best job possible and I appreciate that more than I can say. I also want to thank you the membership for your support and encouragement.
Union Members Call to Action… Your help is needed!
The first hearing on the so- called “Right To Work”Bill (House Bill #474) will be held on
Thursday Feb. 3rd at the State House in Concord, NH.
We are asking all union members to gather at 9:00 a.m. at 4 Park Street, 3rd Floor, Concord. If you are on South Main Street facing the State House, Park Street will be on your right. When you arrive we will provide information on the legislation, lists of legislators, and ask members to talk to as many representatives as possible before the hearing begins.
We have planned a 10am press conference at the Legislative Office Building (directly behind the State House) and the actual hearing is scheduled to begin at 10:30am in Representatives Hall at the State House.
The hearing itself will likely last most of the day. If you cannot be there at 9 a.m. feel free to join us when you can. We need people to testify, we need people to talk to Representatives, and we need people just to sign in as opposed to the bill and to help fill the Hall. Every union member is urged to come and do whatever you can to help. If you are able to attend On Thursday, even if it is only for a part of the day, please let us know, by calling 603-513-8176 or send an e-mail to: Jkelble@apwu.org.
The hearing is being conducted by Labor, Industrial and Rehabilitative Services Committee. Please call the committee today or tomorrow and ask them to Vote No on HB 474! If any members of the committee represent your district, please be sure to let them know that you are a constituent.
Talking Points on the “Right to Work” (For Less) Bill, HB 474
This isn’t about individual rights. No one can be forced to join a union. That’ is already the law in this country.
The law also requires unions to bargain and represent everyone. Non-members and members get the same contract benefits and protections. Unions are required to spend money to protect the contract rights of non-members.
Under current law in NH employers and the union have the option to bargain a contract clause that says everyone covered by the contract must pay their share of negotiating and enforcing the contract. Non-members pay only those costs related to negotiating and enforcing the contract. A ‘right to work” law makes such contract clauses illegal.
Simply put, House Bill 474 should not be called “right to work” it is not about rights, and it’s not about work -- this is about attempting to weaken unions & to weaken middle class families to benefit corporate CEOs.
This bill is not good for NH and weakening unions is not good for NH. This kind of legislation would jeopardize our safety on the job, drive down wages and restrict workers rights.
Enough is enough. It’s time to create jobs instead of playing politics and trying to take away the rights of workers by weakening unions. Urge our state legislators to vote NO on House Bill 474!
If you need any more information or have questions, feel free to call:
Janice Kelble, APWU at 603-513-8176
or
Jess Clark, NH AFL-CIO at 603-603-623-7302
It is highly unlikely that there will be a cancellation caused by the weather, but in the event of a cancellation, it would be posted immediately on the NH AFL-CIO website or you can call 513-8176 on Thursday morning. http://www.nhaflcio.org/
As you may be aware an arbitration decision was received from Arbitrator Simmelkjaer at our Northeast Regional Coordinator's office on Monday, January 10th regarding the remedy portion of our improper subcontracting award dating back to April 19, 2010.
Arbitrator Simmelkjaer agreed with management that to pay the bargaining unit the actual amount of the increase in subcontracting during the violation period would be an excessive remedy, constituting a punitive award versus compensatory damages. He also agreed with management that the Service was unable to provide data for the violation period that would distinguish what was paid for labor costs to the subcontractors versus what was paid for parts. Arbitrator Simmelkjaer then created an alternative make whole remedy.
The arbitrator decided a more accurate measurement to determine a remedy would be the difference between the overtime employees earned before the contract violation and the amount they would have earned but for the violation. Even though the OTDL was historically offered sixteen hours of overtime per week before the violation, the unit actually averaged approximately seven hours of overtime per employee per week. During the violation period the unit averaged approximately four hours of overtime per employee per week.
The Arbitrator determined that those employees on the OTDL who were adversely impacted by the increase in subcontracting lost four hours of overtime per week, at $40.00 per hour over the ninety-three week period of the violation (7/01/08 to 4/19/10) totaling $252,960.00. The Union will provide a list to Management of those adversely impacted employees to distribute the payments. I have scheduled a meeting with Motor Vehicle Craft Director, Randy Turgeon for next Tuesday to create this list.
The award includes additional language relative to the Service complying with the provisions of Article 32.1A of the Collective Bargaining Agreement prior to subcontracting and the filling of a vacant position through hire, transfer, posting/bid or promotion by March 31, 2011. The award also has language stating any continuing violation of Article 32.1A shall be the subject of a new grievance. We believe this instant case continued through August 6, 2010 therefore we have initiated a new grievance for the same remedy to be applied for an additional sixteen weeks (4/19/10 to 8/06/10). On August 6th I received written notification on management's intent to subcontract. We have grieved those notifications.
I have given a copy of the award to Steward, Ken Swaine. If you need additional copies or you wish to discuss the award please do not hesitate to contact me at 603-669-2414. I want to extend my personal thanks to the many individuals who have been involved in pursuing this case. Former Motor Vehicle Director, Dave Belcher was instrumental in bringing this case forward and he put in many hours after his retirement to bring it to it's end. Also National Business Agent, Joe Lacapria could not have worked any harder for us, his arbitration preparations and skills as well as his knowledge of Motor Vehicle are above reproach. MV Director, Randy Turgeon and his stewards put in many hours on this case and continue the fight against subcontracting. In as much as we still believe the monetary remedy should have been more, to receive a quarter of a million dollars in this economy from the Postal Service is still a win!
Clerk Craft Director, Mark Wiggin and I met with Plant Management yesterday to discuss a staffing realignment for the entire facility. Due to the arrival of the AFSM 100 from Portsmouth we will gain positions in the facility. No section will experience an excessing therefore any re-posting that will need to be done is strictly due to changes in start times by more than one hour or non-scheduled days. Management wants to streamline start times. The positive aspect of this realignment certainly is the fact we are gaining jobs but I have a hard time with the “streamline concept” as it wasn't very long ago that we argued with Management when they created multiple start times for tour three and tour one!
Subject to change Management's package and time-line for the realignment is as follows:
Abolishments and schedule changes are expected to be effective in February. The majority of the changes involve only start time changes of 1 hour or less which does not constitute a re-posting. Employees who will have their positions abolished and or re-posted will be given unassigned schedules that match their current days off in their current sections with the new start time. The newly created and or re-posted positions will be in the late January bid posting which will be open to the installation.
Tour 2 Letter Automation will have a start time change to 06:30 – no re-posting.
Tour 2 Mailing will have 06:00 start times changed to 06:30 – no re-posting.
Tour 3 Letter Automation will have all positions starting at 14:30 (Sun start time 13:30) and no changes to non-scheduled days, therefore the current 13:00 start times will need to be re-posted to the installation.
Tour 3 Auto Flats will have a 14:30 start time therefore all positions will be re-posted with newly created positions to the installation totaling ten positions for that section. Three Sat/Sun, one Sun/Mon, one Mon/Tues, one Tues/Wed, two Wed/Thur, two Fri/Sat.
Tour 3 Mailing , all 15:00 start times will change to 14:30, no re-posting. All 18:00 start times will change to 18:30, no re-posting. The 19:30 start time will change to 18:30, no re-posting.
Tour 1 Letter Automation will all change to 22:30 start time (Sun start time 21:30), no re-posting.
Tour 1 Auto Flats will have a start time change to 22:30 with no re-posting although two positions will have a non-scheduled day change therefore this will constitute a re-posting to the installation and a new position will be created for a total of 10 positions for this section. A Fri/Sat changing to Sat/Sun. A Mon/Tues changing to Tues/Wed. A new Sat/Sun position.
Tour 1 Mailing, no changes.
Management has discussed the recreation of a tour 2 Auto Flats section of six positions for early February. This will also involve offering retreat rights to those who were excessed previously. We plan to continue our discussions on this issue.
As I said all of this is subject to change but I wanted to pass on the information we have to date. If you have any questions relative to your particular bid position please ask your supervisor for time to speak with your steward.
HUMAN RELATIONS DIRECTOR-KIM BECK WOULD LIKE TO THANK ALL WHO PARTICIPATED IN THIS EFFORT, WHETHER IT BE FROM DONATIONS,WRAPPING, OR PURCHASING TICKETS.
Union and management representatives continued bargaining Nov. 30, and will meet again on Dec. 1 — the day the contract is set to expire. “The final days of contract negotiations are always the toughest, and that’s where we’re at,” APWU President Cliff Guffey said.
“But we are determined to meet the challenge and negotiate a contract that is fair to postal workers and that will strengthen the Postal Service. We will continue our efforts to reach a just settlement.”
Negotiators for the union and the U.S. Postal Service have extended their Collective Bargaining Agreement for a second time, until Dec. 1, and will continue bargaining on Monday, Nov. 29, APWU President Cliff Guffey announced today. “Although we have not yet reached agreement, we remain hopeful that we can arrive at a settlement,” he said.
“The APWU has worked diligently to negotiate a contract that will safeguard our members’ jobs and strengthen the USPS.”
“Throughout this process the APWU has worked diligently to negotiate a contract that will safeguard our members’ jobs and strengthen the Postal Service,” Guffey said. “Restoring work that has been outsourced or turned over to managerial personnel would bring stability to APWU members who have endured severe hardships due to excessing,” he said.
“We are determined to lessen the pain and uncertainty caused by these long-distance reassignments.”
“The union’s strategy has been to offer proposals that will also benefit the Postal Service,” the union president said. “Returning work to our members makes sense because our members can perform the work more efficiently and less expensively than subcontractors and supervisors.”
Current Contract Remains in Effect
The contract was originally scheduled to expire Nov. 20, but the union and management agreed to a three-day extension to allow time for additional talks. As the new deadline of noon on Nov. 23 approached, the parties agreed to a second extension.
The terms of the 2006-2010 Collective Bargaining Agreement will remain in full force and effect until a new agreement is reached through negotiation, mediation, or binding arbitration.
APWU negotiators, from left, Mike Morris, Director of Industrial Relations; President Cliff Guffey, and Executive Vice President Greg Bell announced that talks will continue Monday, Nov. 29.
Under the terms of the Postal Reorganization Act of 1970, if the union and management fail to reach agreement on a successor contract and do not agree on an alternate procedure, the Federal Mediation and Conciliation Service (FMCS) appoints a mediator. If a settlement is not reached within 60 days of the expiration of the contract, both parties submit all outstanding issues to binding arbitration.
If arbitration becomes necessary, the APWU will appoint an arbitrator, as will the USPS. The two party-appointed arbitrators will work with a neutral arbitrator to ensure that each side’s interests are clearly understood.
Rank and File Committee
Members of the union’s Rank and File Bargaining Committee, who had been summoned to Washington DC to be on hand for any late-breaking developments at the bargaining table, have gone home. If a tentative agreement is reached through negotiation or mediation, they will be called back to Washington.
Although the union’s national negotiating team has full authority to reach a tentative agreement with management, the Rank and File Bargaining Committee has the power to veto any such agreement. If the committee approves a tentative agreement, under the terms of the union constitution it must be ratified by the majority of union members voting in a mail-ballot referendum.
“The future of 220,000 postal workers and their families is at stake,” Guffey said. “We are committed to achieving a beneficial contract, and ask for the continued support of union members.”
The APWU will continue to provide frequent updates regarding the status of the Collective Bargaining Agreement. For the latest developments, please visit www.apwu.org. Members are also encouraged to follow the union on Twitter and Facebook to receive up-to-the-minute alerts by e-mail or text message
APWU President Cliff Guffey announced that the union and Postal Service have extended their Collective Bargaining Agreement through Tuesday, Nov. 23, at noon ET. The contract was scheduled to expire Nov. 20.
APWU President Cliff Guffey announced the contract will be extended through Tuesday, Nov. 23, at noon ET.
“We do not have a new contract,” Guffey said, “but we believe there is still potential to negotiate an agreement. The union and management will continue to discuss the topics that remain in dispute.”
“Throughout the collective bargaining process, the APWU has sought to protect our members’ jobs,” the union president said. “Restoring work that has been outsourced or assigned to managerial personnel will bring stability to APWU members who have suffered extensive excessing and reassignments,” he said.
“Every proposal we have made to preserve jobs for our members will also benefit the Postal Service, because APWU members can perform the work more efficiently and less expensively than subcontractors,” he said.
“Our proposals are good for the Postal Service and for the American people.”
The terms of the 2006-2010 Collective Bargaining Agreement remain in full force and effect until a new agreement is reached, either through negotiation or binding arbitration.
Under the terms of the Postal Reorganization Act of 1970, if the union and management fail to reach agreement on a successor contract and do not agree on an alternate procedure, the Federal Mediation and Conciliation Service (FMCS) appoints a mediator. If agreement is not reached within 60 days of the expiration of the contract, both parties submit all outstanding issues to binding arbitration.
Guffey said the negotiating team is hopeful about the possibility of reaching an agreement.
If arbitration becomes necessary, the APWU will appoint an arbitrator, as will the USPS. The two party-appointed arbitrators will work with a neutral arbitrator to ensure that each side’s interests are clearly understood.
Members of the Rank and File Bargaining Committee, who arrived in Washington, DC, Nov. 14 to be on hand for any late-breaking developments at the bargaining table, will return home, but they will be summoned back to Washington in the event a tentative agreement is reached between the union and the Postal Service.
“The committee serves as an important link between union negotiators and members,” Guffey said. Although the national negotiating team has full authority to negotiate an agreement, the Rank and File Bargaining Committee has the power to veto any tentative agreement between the parties.
If the Rank and File Committee approves a tentative agreement, every APWU member will be given the opportunity to vote to ratify or reject it.
“Important issues are at stake that will affect the more than 220,000 postal employees the APWU represents,” Guffey said. “The negotiating team is committed to achieving a beneficial contract, and asks for the continued support of union members.”
The APWU will continue to provide frequent updates regarding negotiations. For the latest developments at the bargaining table, please visit www.apwu.org. Members are also encouraged to follow the union on Twitter and Facebook to receive up-to-the-minute alerts by e-mail or text message.Click here to learn how.
I had the honor of representing the Manchester Area Local at the National Installation of Officers recently. As you know our newly elected officers have begun their term of office on November 12th. The administration is headed with Cliff Guffey as President and Greg Bell, Executive Vice President. I am very confident in President Guffey and his team to lead us through the next three years. Each year becomes more challenging with the unprecedented deficits the Service is experiencing as well as the expiration of our current collective bargaining agreement. Voter apathy in that election was apparent, our local's participation was slightly above average but still only at 35%.
The Rank and File Committee is in Washington this week to be briefed on the status of contract negotiations. If an agreement is reached a majority of this committee will decide whether the contract will be sent out for ratification by the membership. The current Collective Bargaining Agreement expires on November 20th. If and when updates are available they will be posted as soon as possible. To date we have received very little information.
On November 3rd I received a copy of the area notice concerning management's intent to excess from three of our associate offices, Keene, Salem and Hudson. Those offices are scheduled to have their CSBCS operations removed with that mail to be processed in the Manchester facility. The Area Business Agents and I visited each of the respective offices to speak with our members and answer their questions. We explained that this is a nationwide initiative to consolidate processing due to mail volumes. I have since been informed the removal of the machines has been delayed in large part due to the lack of staffing in Manchester. The Area parties will schedule a meeting to discuss the impacts. I have been told there may be a moratorium on excessing due to national negotiations regarding Article 12 and any changes that may occur with a new contract. If this becomes a reality we will keep the impacted offices informed. In the interim period if you have any questions or concerns please do not hesitate to contact your ABA or myself.
We have also been involved in several meetings with local management regarding the remedy for a motor vehicle subcontracting arbitration which we won last April. Unfortunately the arbitrator's decision left the parties to determine the remedy for the two year violation period by examining the monthly increase in subcontracting above a prior base. It is our opinion management has not been forthcoming with the documents needed to prove the amount of the award and the documents they have provided are unnecessarily convoluted. This year the Northeast Area has had a number of arbitration awards on motor vehicle subcontracting finding in the union's favor in the six figure range. In each case the Service has protracted the remedy process for approximately six to nine months hoping to delay or reduce the payout amount. I appreciate the patience of our motor vehicle members and I assure you we will have our remedy. The case has been scheduled before the same arbitrator on December 9th asking him to define the award.
Wednesday, December 1st is our annual Pot Luck Christmas Meeting at 4 PM. Please join us for the festivities. The food is delicious, the door prizes are plentiful and for the second year we will have an array of Baskets to raffle benefiting Toys For Tots. Human Relations Director, Kim Beck has taken our fund raising efforts to new heights! This year she has received many donations from local businesses to create some great baskets. To view the baskets and purchase tickets Kim will be at the Hall, 450 Hanover St. on Sunday, November 28th from 1 PM – 4 PM. In addition our annual COPA Raffle is in progress. You should have received your tickets to purchase at your home with the prize list. Hope to see you then. Have a happy and safe holiday season.
I want to take this opportunity to welcome Dan Provencher to the position of Area Business Agent A. Dan was appointed to this vacant position by the Executive Board. With the recent mergers of Lebanon, Durham and Dover, which are all now complete, I have redistributed the representation of the AO's between Dana Coletti and Dan. This will now keep them in the same geographical location.
Our offices have been extremely busy for several reasons. With the early retirement last year and management subsequently reverting most of those positions as well as excessing Clerks out of the installations many of our offices are short-staffed. This short-staffing has led to numerous contract violations as well as some of our members taking short cuts which could lead to their removal.
I can not stress enough that we are not required to make up for any lack of staffing. Our contract does not contain any work standards or productivity goals, we are only required to give a fair days work for a fair days pay. Many times I get calls from members who are stressed claiming they need help in their work area, that they have worked through their breaks, delayed their lunch, window clerks waiting on more than one customer at a time or taking financial short cuts and on and on. When I ask who in Management directed them to work that way, there is no response. I understand it is human nature to make an effort to get the work done or the line of customers moving but staffing or the lack thereof is a management right. You have no responsibility to make up for the lack of staffing. If you continue to work in that manner I can guarantee Management will not provide you with any help because there will be no need to! Ultimately when there is an accident or a financial shortage management will attempt to hold you accountable through discipline. Again you cannot go wrong if you provide a “fair days work for a fair days pay”. We do need to make sure that management or other crafts do not attempt to perform our work to make up for the lack of staffing. If in fact you witness these contract violations please document the incident and report it to your union representative.
Our national convention is fast approaching. Six Executive Board members will be attending as delegates; myself, VP Chris Howe, Clerk Craft Dir. Mark Wiggin, MV Dir. Randy Turgeon, L&DC Dir. Deb Smith and ABA A Dan Provencher. ABA B Dana Coletti is attending through his position as NH/APWU President. We leave for Detroit on Saturday, August 21st returning late on Friday, August 27th. Sec/Treas. Dave Webster will be on prime time as well that week with Maintenance Craft Dir Paul Desfosses in OK on training. Legislative Dir. Janice Kelble will be attending the convention while on assignment from national. Two officers, Rich Derby and Kim Beck will be here as will be the stewards. I will forward the union hall phone to my cell phone to retrieve messages and the craft directors will be in contact with their stewards to address issues. There is also a nationally negotiated extension of time limits on any grievances and appeals to arbitration that would expire between August 16th and September 3rd. I am very pleased President Burrus assigned one of our Motor Vehicle members, Mike Lafayette, to attend the convention as one of the 35 or younger group. The delegates will decide the direction of our union for the next two years. We will be debating and voting on resolutions affecting contract negotiations which start September 1st. Contract negotiations are never easy and these negotiations will be no different.
As usual the summer is flying by, I hope you have taken the time to enjoy it! Our next membership meeting is scheduled for Sunday, September 12th at 10 AM. Hope to see you there.
As dictated by the Manchester Area Local-APWU Constitution, tallying of returned ballots were completed on Saturday, March 6, 2010. Official results of the election were announced at the regularly scheduled local meeting on Sunday, March 7, 2010. The candidates elected for the contested positions are:
Secretary-Treasurer: David Webster
Director-Clerk Craft: Mark Wiggin
Director-L&DC: Debra Smith
As a result of the election, the following elected Officers will represent the Manchester Area Local-APWU:
PRESIDENT: Patricia Ahern
EXECUTIVE VICE PRESIDENT: Christopher Howe
SECRETARY-TREASURER: David Webster
DIRECTOR-CLERK CRAFT: Mark Wiggin
DIRECTOR-MAINTENANCE CRAFT: Paul Desfosses
DIRECTOR-LOGISTICS AND DISTRIBUTION CENTER: Debra Smith
DIRECTOR-MOTOR VEHICLE CRAFT: Randy Turgeon
AREA BUSINESS AGENT A: Vacant
AREA BUSINESS AGENT B: Dana Colletti
SECRETARY: Rich Derby
HUMAN RELATIONS DIRECTOR: Kim Beck
LEGISLATIVE DIRECTOR: Janice Kelble
The 3 year term of office commences April 1, 2010.
Congratulations are in order to all duly elected officers.
The Election Committee, individually and collectively, offers thanks to the members for the honor and privilege of serving them.
In accordance with our Local Constitution February is the month I must provide the membership with our annual State of the Union address. This report is not reflective of one person’s efforts but rather a collective of the entire administration, Officers, Stewards and member volunteers.
Grievances: Last July this local conducted a week long grievance review with a team consisting of myself, VP Howe, NBA Tom O’Brien and two Management Area Labor Representatives. We discussed each of our outstanding grievances in an attempt to settle them. In the end some were still not resolved but many were to the tune of approximately $50,000 to our members. This made room in the system for the multitude of new grievances that were filed in large part to the constant changes to our bid jobs. The Manchester installation experienced a number of bid realignments as well as district job abolishment’s due to the consolidation with Maine. No installation is spared when it comes to Management’s short staffing models with the L&DC going through the same realignments. Unfortunately theirs included an excessing of Clerks from the installation. The initial notice called for an impact of twenty Clerks but in the end we lost seven to the Mailhandler craft at the L&DC and one reverting to PTR status with no employees then forced to leave the facility.
Arbitrations: Recently we have received two great wins with regard to removals. It is very rewarding when our system works and employees are vindicated. The stewards involved did a fantastic job in documenting and proving their grievance on Managements lack of just cause. The local expended the funds last year to send VP Chris Howe to a week long arbitration school and a request has been submitted to President Burrus asking for Chris’s appointment to arbitration advocate status. I have every expectation he will be an excellent advocate for this local.
Associate Offices: Excessing in the AO’s has been ramped back up. There was a moratorium with the most recent VERA but since that was lifted at the end of October Management feels a need to put this action into high gear. I attended an Area meeting last month with our new Northeast Regional Coordinator, John Dirzius and I was impressed with how the meeting was conducted. He presented our arguments for each office but insisted on a follow up meeting to hear from Management on what actions if any they would take on our arguments. As usual for the most part our input was dismissed but at least Management actually had to say for the record their reasons for the dismissal. I was happy we were successful in having the excessing cancelled for the Salem office due to Management’s manipulation of the bids in that office. Currently we are looking forward to welcoming Lebanon, Dover and Durham into our ranks. The Manchester Area Local has a well known reputation for providing the best possible representation therefore when the small locals are ready to become part of a larger force they turn to us. I must say working with our National on the process of merger is frustrating at best with it taking up to six months or longer to complete. Our new national Secretary/Treasurer, Liz Powell has made a commitment to streamline the process.
Conventions, Education and Conferences: In order to live up to our reputation and provide quality representation our Officers and Stewards must receive training and information. Our maximum allocation of delegates (26) attended the 2009 State Convention with most attending the day of training provided by the NH/APWU. Seven of your Executive Board members attended the All Craft Conference last October. Three days of classes taught by National Officers was an invaluable learning experience for all of us. We also have a presence at each National President’s Conferences. The NPC’s provide for updates on issues at the national level while also giving a perspective on how local’s across the country are dealing with the same struggles.
Legislative Activity and COPA: The Manchester Area Local consistently reaches our annual goal set by President Burrus for COPA contributions. I want to thank all of our members who make those contributions. Each year our raffle is a success and is the catalyst that puts us over the top. Last February the NPC included a legislative conference with each of us visiting our representatives in Washington DC to discuss issues important to postal workers. It was a good feeling to actually be welcomed by the majority of NH’s reps!
Functions and Events: With the addition of a new Human Relations Director to our administration many of our ideas have turned into reality. She is a dynamo! She coordinated the gathering of donations and backpacks for our own homeless veterans in NH and made our Toys for Tots project an overwhelming success.
Finances and Expenses: All of the above costs money. Expenses are approved either through the budget, motions or constitutional language. I am personally disappointed we experienced deficit spending in 2009 but with the financial cushion created by this administration in 2007 and 2008 it was easily absorbed. The 2010 budget presented by the budget committee today and voted on at our March meeting provides for the cost cutting measures we will need to adhere to this year in order to maintain our financial viability. Last July the Department of Labor conducted an audit of the Local’s finances for the year 2008 citing relatively few minor issues but mainly mostly positive comments on our financial practices.
I want to extend my sincere thanks to the entire staff, officers and stewards. They do not get the recognition they deserve. They remain diligent in their efforts to do the best job possible and I appreciate that more than I can say. I also want to thank you the membership for your support and encouragement.
Dear Union Members,
Every three years we have the opportunity to choose the representatives that will lead the Local in our continuing struggles. Through acclamation, I have been re-elected to my second term as your president. I am honored to accept this position and want to take this opportunity to thank you for your trust and support. I am looking forward to continuing the work this administration has done in moving the Manchester Area Local forward. I am also very pleased to announce Chris Howe has been re-elected to the position of Executive Vice President. Chris is a dedicated, hard working union official and certainly makes my job easier as well as current officers, Human Relations Director, Kim Beck; Legislative Director, Janice Kelble and Area Business Agent B, Dana Coletti who have all been elected to their respective positions through acclamation.
Starting their term of office on April 1st please welcome Rich Derby as Secretary, Paul Desfosses as the Maintenance Craft Director and Randy Turgeon as the Motor Vehicle Craft Director.
I want to recognize and thank outgoing officers who will vacate their positions on March 31st, Rich Whelan, Recording Secretary; Keith Moore, Maintenance Craft Director; David Belcher, Motor Vehicle Craft Director and April Caswell, Financial Secretary for their hard work and dedication to the Local. It takes a special heart to step up and represent your co-workers and a simple thank you never seems adequate but thank you none-the-less!
The next three years will be difficult as management continues their attempt to balance their budget on the backs of the bargaining unit. This year will create what has been called the perfect storm with APWU national elections, the bi-annual convention and contract negotiations. As with any new National Collective Bargaining Agreement a window will be created where local unions will have the ability to renegotiate their local agreements. Management has also ramped up their excessing efforts since the moratorium ended. We have a start on the best possible group of people to face any challenges.
Again thank you!
Yours in Union Solidarity,
Pat Ahern,
President
At least one Lead Clerk position will be established in any office where there is no supervisor.
