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COLORADO MAIL HANDLER NEWS LOCAL 321 SERVING THE STATE OF COLORADO NATIONAL POSTAL MAIL HANDLERS, WATCHMEN, MESSENGERS AND GROUP LEADERS DIVISION OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO—SERVING COLORADO THE EXECUTIVE BOARD OF LOCAL 321 IS COMPRISED OF THE FOLLOWING INDIVIDUALS: DAVID E. ROSS-President RONALD J. LUCERO-Vice President DON GONZALES-Recording Secretary JEFFREY K. MORGAN-Treasurer JOHN M. MEDING-State Representative Volume 4 Issue 3 Don Gonzales Editor October 1997 OPEN SEASON The Office of Personnel Management (OPM) has declared that this year’s Open Season for selection of health care providers will be from November 10, 1997 through December 8, 1997. This is the only time of year that Federal employees, including Postal employees, are officially allowed to change their health care provider, if they desire. There are a number of plans in which you, as a Postal employee, are eligible to participate. Your union encourages you scrutinize the various plan brochures for information on each plan. This will allow you to make an informed decision which plan is suitable for you and your family. You are allowed to participate in one plan. When choosing your health care provider, all employees are reminded that the low premiums you pay are only one of a multitude of benefits that your union has negotiated for you with the U.S. Postal Service. Under the National Agreement, Article 21, the Postal Service is charged 71% of the cost of your health insurance program in 1998. If you want to change your health care provider, you need to fill out Form SF-29, Health Benefit Registration and submit the completed form to your Human Resources department prior to the end of business on December 8, 1997. Inside this edition:
Bill Gates -vs- Mother Theresa ........page 2 UPS Strike..........................................page 4 Arbitration?........................................page 5 Annual picnic......................................page 6 Crossword...........................................page 8 What is step 4?...................................page 9 New checks.........................................page 10 Made in the USA?..............................page 11 Colorado Mail Handler News is published by and for the members of the National Postal Mail Handler Union Local 321 Our mailing address is: Local 321 1833 W Elk PL Denver CO 80211 To reach us by telephone, call: 1-800-521-5094 1-303-455-6400 Or visit our homepage located at: http://www.npmhu-local-321.org COLORADO MAIL HANDLER NEWS OCTOBER 1997 PAGE 2 BILL GATES -VS- MOTHER THERESA or Should I give my money to CFC or Microsoft? What has conservative America come to when one of their much ballyhooed radio talk show hosts feels it necessary to compare the contributions of Bill Gates (Microsoft multi-billionaire) to Mother Theresa? Here in Denver, KOA jockey Mike Rosen felt the need. Rosen argued that Bill Gates has contributed and impacted more people in a good way through his selfish genius than Mother Theresa ever did through her selfless humanitarianism. Of course, many of those whom Mother Theresa helped have preceded her out of this finite world but, never mind, their numbers still don’t match those whom Mr. Gates has helped. According to Rosen, just by keeping score, anybody can see that Bill Gates and business interests are better for humanity than love, compassion, and the smallest acts of kindness which Mother Theresa gave. What Rosen is missing is that comparing the two is simply stupid. In forming his comparison, and even bringing it up, (and I doubt that he even realizes the evident point) he exemplifies just how extreme conservatives think of the world in terms of competition. If conservatives like this rule the world one day, you’ll have to prove your time value ratio in order to take a trip to the mountains. And all the while you’re there, you’ll have to keep a list to prove to your boss that your job benefited by all the places you saw. So much for taking a deep breath of mountain air and sunbathing on a rock. Can anybody be comfortable around this guy? I would hate to go to his birthday party and sweat out his reactions to everybody’s presents as they were opened. So much for a friendly gathering. Suddenly your the next guy’s enemy. I mean, there can’t be an end to what this guy will compare if Mother Theresa had to take her poor and sickly flock up against Bill Gate’s consumers. Sick beds versus computers. What a fight! Does it suddenly mean that Bill Gates is a saint because even this article was written using Microsoft Word? Or is Mother Theresa a brilliant Public Relations businesswoman because she made herself famous by helping others? Suddenly business and economics is more important than spirituality and compassion because Mr. Rosen says so. What next? Shall we say that Bill Gates has hurt less people due to his living in a secluded mansion compared to Mother Theresa whom many poor and suffering people maimed and killed each other to get a glimpse of? It’s absurd! According to Rosen, it’s also much easier to be selfless than to be selfish. Where he formed his theory of human nature is anybody’s guess. History bears out that human beings are mostly selfish and cruel and that war is more prevalent than peace. But Rosen bases this on the fact that most people would trade places with Bill Gates any day before they traded places with Mother Theresa. Figure that one out! I guess it’s much harder to choose to be rich than to be poor. Or vice versa according to Mike Rosen. I wonder how many of those whom Mother Theresa cared for felt it was easy choosing either/or. That is, after they simply survived. Never mind how many of those who may have had Bill Gates potential. Because Mr. Rosen is more proud that his daughter may choose a business career rather than a life like Mother Theresa’s, we can all rest easier knowing that this world has just become that much more competitive. His daughter and other great minds will be compulsively motivated by ego and greed forcing others and ourselves towards more competition simply to stay comfortable and even survive. War may be it’s extreme consequence. Love and peace will again be a thing of the past. Everyone will be looking for more Mother Theresa’s. Unfortunately, comparisons like Mr. Rosen’s will have done their damage. Sacrificing and giving to others will be a guilty exercise. So when you must decide whether to purchase Bill Gates software or contribute to many of the needy organizations included in your CFC brochures, it will be a much harder choice to give rather than to receive. It’s no different from paying Union dues. We are born that way. But we can be just as happy, if not more so, if we remember those whom we have helped in the spirit of Mother Theresa. She was an example, anomaly, and inspiration for all of us who live in an ever more competitive, greedy, and ruthless world.
"Meet the losers in the best bars, meet the winners in the dives - where the people are the real stars, all the rest of their lives." ...Neil Young
Jeffrey K. Morgan Treasurer
UPS STRIKE
Now that the UPS strike is over, I have time to contemplate the strike and the effects it had or could have on the Postal Service and the Mail Handlers Union. First, I must qualify my opinion by stating that I have been a mail handler for over 17 years at the BMC. During the 17 Christmases I have spent at the BMC, I have never seen the amount of mail we encountered at the BMC during the UPS strike. As the strike reached it’s zenith, we had over 500 vans of mail in our yard. (Actually, the vans were stashed at the GMF, BMC and anywhere else they could be accommodated. ) To put this into perspective, the BMC typically unloads about 150-200 vans a day. When we get behind, it usually is around Christmas and involves being 100-200 vans behind. As the Christmas volume decreases, we are able to unload more and more of the backlog and are normally able to get current in a few days. Not so with the UPS strike. We were so inundated with parcels and NMOs that OTDL employees were able to work maximum overtime until the middle of September. Because Denver is a "hub" we seem to get stuck with a lot of mail when business booms. The only reason we were able to catch up was because management finally sent some of the Denver BMC volume to other BMCs. During the strike management displayed their typical attitude which is "The mail must be off loaded and be damned how fast we ship it out!" Therefore with the vast amounts of mail being unloaded, we created a quagmire because there were enormous amounts of mail staged on the outbound areas and no trucks to put the mail into. Now you might ask, "How can they unload trucks and not have empty trailers to put the mail in?" The bottom line is that inbound must coordinate with outbound to ensure the proper vans are unloaded. Since this means that management has to use common sense and communicate between themselves, we are perpetually doomed when it comes to getting trucks in outbound. I say this because I’ve worked outbound for the majority of my career At certain times during the strike we had enough mail staged on the docks to load three consecutive 48 foot trailers for the same destination. What a joke. That we were able to keep the flow of mail moving at the BMC is a feather in the cap to every mail handler in the plant. We did it regardless of mis-management Now that UPS has settled their contract, hopefully it can help us in the next negotiations. Because we are always compared to UPS workers, their pay increase can be used as a negotiating tool for increasing mail handler pay. Because Runyon and his cronies have espoused the wonderful job we have been doing , not only during the UPS strike, but over the last few years, this should also be used as a tool for National negotiations. In short, I’m hoping that our National has been saving all the accolades being heaped upon Postal workers by the big brass. If we are doing such a fine job, then give us our just reward through a nice wage increase. If the amount of additional revenue from the mail we moved during the strike allows for the delay of the one cent increase in postage which was being sought by the Postal Service, reward those who were directly responsible for the mail being moved. Supposedly, the Postal Service won plenty of additional revenue from new contracts with mailers who decided they won’t ever put all of their shipping business with one company again. Supposedly, some businesses who came to us because of the UPS strike were impressed enough with our ability to service them that they will remain with us. Hopefully they will. In the long term, that could possibly mean more mail handler jobs in this state. I believe that with the vast growth along the Front Range, more Mailhandlers will be needed anyway, but we’ll always welcome new members. New members mean additional revenue for the union. New members mean additional jobs in the facilities. New members mean job security. In closing, I would like to congratulate the Teamsters union on their victory in the UPS strike. I would also like to congratulate the mail handlers across the nation who proved that we are every bit as reliable when it comes to moving parcels as our competitors. Mail handlers across the Nation should be proud of that fact.
Don Gonzales Recording Secretary
ARBITRATION?
Since taking office as Recording Secretary for Local 321 on June 29, 1996, I have been questioned on a few occasions regarding arbitration decisions. As a member of the Executive Board for Local 321, I have a one in four vote on which cases are docketed for arbitration. The other three votes are from the remaining Executive Board members (Vice-President, Treasurer and State Representative) excluding the President. The President votes in case of a tie. For those who are not familiar with the procedure, let me explain. When a grievance is denied at Step 1, Step 2 and Step 3 of the Grievance/Arbitration procedure, the grievance is discussed by the Executive Board to determine if the grievance will go to arbitration. There is not any called for procedure in our Constitution which gives the Executive Board this responsibility. Each Local around the country has their own procedures as to who makes the decision to take a case to arbitration. Some Local Presidents take sole responsibility and some Locals have arbitration committees. When considering a case for arbitration, each case is reviewed on its own merits. Every case is different and some considerations in one case may not be of major significance in others. Some examples of what we are looking for, in no particular order, might be, but are certainly not limited to: Do we have a reasonable chance of prevailing in the case before an arbitrator? Is their evidence in the case which supports our arguments or more simply put, can we prove our allegations? If we cannot support our arguments by a paper trail, did the steward take sufficient notes of the incident so that we can introduce evidence through testimony? Were the arguments used in the narrative the right arguments citing the right Articles? What is the credibility factor of the person(s) involved? For example, it would be very hard to put a mail handler on the stand who has received three, four or five prior disciplines for irregular attendance and have him or her testify that they were not aware of their obligation to be regular in attendance. Are there capable and credible witnesses we can use in the arbitration? Is the remedy requested an appropriate remedy or one an arbitrator could consider? Sometimes stewards or the employees ask for remedies which we cannot get. For example; "For management to issue an apology and a one time lump sum payment of $10,000 for harassing the grievant." would be a good example of an inappropriate remedy. Some people believe that the arbitrators have the authority to impose fines for offenses cited in the Code of Federal Regulations. The language in the Code must be enforced by a Federal Court, not by an independent arbitrator. Another consideration might be if there is a principle involved in the case. When considering principles, we must look at the ramifications of winning or losing the case. If we win, will it help members now or in the future? If we lose, will the loss hurt members now or in the future? Is the dispute a guaranteed right or is this just a privilege we have enjoyed improperly? Does the lack of action by management against such a privilege constitute a past practice or is the rule clearly defined and just ignored? Another factor that might come into play is the USPS personnel involved. Can management produce valid and credible witnesses to rebut our witnesses? Credibility is a big issue with arbitrators. We have put witnesses on the stand who totally fall apart when cross-examined. Others have lied through their teeth and been caught doing so by the arbitrators. Other witnesses who we believe to be credible and honest have floundered under cross-examination, giving arbitrators the impression they are not being honest. Sometimes people get way off the subject and offer testimony irrelevant or damaging to their case, adding skepticism in the arbitrators eyes. Can the case be better presented if re-filed with additional and/or better information? Sometimes the cases received do not have all of the pertinent information Even though we want to arbitrate the issue, it is sometimes better for our cause to have as fully a developed case as possible. In this instance, I would have the President contact the steward and have the grievance re-filed with the additional information or documentation which we feel would be necessary to possibly prevail in arbitration. The questions I have referenced above, may or may not apply to each case which comes before the Executive Board. The intent of this article is to give a brief and partial overview of the things I may look for in casting my vote to send cases to arbitration. Any employee who has questions regarding any decision I have made on their step 3 denial is free to discuss their issue with me.
Don Gonzales Recording Secretary
The following crossword puzzle was submitted by Brother Mike Hora. Thanks for an interesting puzzle Mike!
ACROSS 2 Those enjoying benefits bought by others 4 Union leeches 6 Parasites 9 A worker refusing union membership 10 A crust discharged from a healing wound 11 One thought to be contemptible 12 Benefits from unionism without payment 14 Enjoys protection funded by others 15 Strength in unity has NO value to them 17 Those that complain without vote 21 Nonconformist 23 They weaken the labor movement 26 A solidarity outcast 27 Malcontent 28 Runyon's Ace in the whole 30 A sponge of others work without donation 31 Enjoys representation as non-member 32 Precedes C-D 33 First & Second letter 34 Thought to have no conscience 35 Morally questionable
Down 1 Drinks from coffee fund of life for free 3 Casts uninfluential ballot 5 Those lacking virtue 6 Legislatively represented non-member 7 Something one hails 8 Tightwad or miser with many excuses 9 Bloodsuckers of union resources 10 Milks union resources and assets 11 One who steals union benefits 12 South Carolina 13 Union freeloader 16 Can still join the union-see a steward! 18 Not eligible 4 union funded scholarships 19 A mooch of quality representation 20 Scrounger of Unionism 21 One with many excuses 22 MLB= At Bat Stat (abr.) 23 Enjoys salary protection others funded 24 C D E 25 For $12.75 a PP, they should be members! 26 Ethically deprived non-union worker 27 Schnorrer 28 a.k.a.: mange 29 Joe Hill wrote the song "The Union _____.
LIUNA APPOINTS NPMHU PRESIDENT TO GENERAL EXECUTIVE BOARD
In a press release dated September 18, 1997, Laborer’s International Union of North America has appointed the President of the National Postal Mail Handlers Union to serve on the LIUNA General Executive Board. More specifically, LIUNA has amended its International Constitution to provide that whoever serves as the National President of the NPMHU shall automatically serve as a Vice President on LIUNA's General Executive Board. In a letter to all Local unions, National President Quinn and National Secretary-Treasurer Gardner responded, "This action is another step in the progress that has been made in recent years in the relationship between the NPMHU and LIUNA, and will ensure that mail handlers have a greater voice in future LIUNA activities."
WHAT IS STEP 4?
Many of the members are familiar with Step 1, 2 & 3 of the grievance process. Step 1 is with the immediate supervisor, Step 2 is with the installation Head or designee (usually a designee), Step 3 is between the Local President (in our Local by agreement) and Management’s designated Area Labor Relations Specialist. Most grievances, which make it through these three steps without settlement, are moved to the Local Executive Board for a determination on whether to arbitrate the case or not. If the case is not arbitrated the case is dead at this point. The exception is those few cases that involve interpretation of the agreement. Frequently, when the Local Executive Board believes that a case involves an interpretive issue and forwards it to step 4, it is deemed to be non-interpretive at step 4. I am not sure I can explain the complete reason for this but I will try. The fact that we do not agree with management on the interpretation at the Local level does not mean that the parties at the National Level do not have an understanding on the issue. Getting jointly agreed positions out of the National Parties is difficult. It appears that the Postal Service does not want to resolve the long-standing mis-interpretation that exists in the field. I suppose there are lots of reasons, but the obvious one appears to be the job security of the massive Labor Relations staff they employ. Seldom will the Postal Service agree at a National Level that a case involves an interpretive issue. Their general opinion is that the case involves specific fact circumstances unique to a given office and not proper for a National interpretation. Currently there is a backlog of cases at step 4 in excess of 75 cases. Some of these cases are almost 10 years old and are still stuck at step 4. Probably the biggest threat of settling and/or having cases resolved at a National Level is those are the only decisions which establish a rule for every office in the country. If management loses a case at the National Level, it will have a National impact on how they do business. Our Local alone has a host of cases currently being discussed or pending discussion at step 4 of the grievance process. Below is an overview of Local 321 cases currently awaiting an answer from step 4:
These cases are still awaiting disposition. Some of the cases have been appealed to Step 4 since 1993. Those cases that are deemed to be non-interpretive will be remand to step 3 for further discussions and possible settlement. If still unsettled, the Executive Board will once again make a determination on whether to arbitrate the case or not (step 4 is no longer a available option if the case is a remand from step 4 ). David E Ross President Local 321
NEW CHECKS
As most of you will have noticed by the time this newsletter is distributed, the Postal Service has started issuing salary checks which are not US Treasury checks. These checks are drawn on four banks nationally. I thought it might be interesting to include the procedures for employees reporting lost, stolen or destroyed checks. Here you are: POSTAL BULLETIN 21955 (9-25-97) Handbook F-1 Revision The following is an update to section 822.73 of Handbook F-1, Post Office Accounting Procedures: 822.73 Lost, Stolen, or Destroyed Checks 1> If a pay check is lost, stolen, or destroyed after the employee receives it, the employee must notify his/her office and state in writing the pay period, their name, Social Security number, and the amount of the check; and explain the circumstances 2> The Office notifies the MNASC disbursing branch. Notification should include employee's name, Social Security number, pay period or check date, check number (if known), any type of payroll payment (regular pay check or special payment). Also identify the facility making the request, the name of a contact person, and a telephone number including area code. 3> Once the request for a stop payment or replacement check has been processed by MNASC, the request cannot be canceled. If the original check is recovered, it must be returned to the office making the request and destroyed.
HANDBOOK F-1 REVISION New Salary Checks Effective Pay Period 97-20, the Postal Service will issue commercial salary checks to all postal employees. Treasury salary checks will no longer be issued to Postal Service employees. When requesting commercial payroll replacement checks, the following information must be submitted to the MNASC:
"Made in USA" Products Coming From Low-Wage Mariana Islands
Products made in a U.S. territory in the South Pacific that carry "Made in the USA" labels are produced by sweatshop workers being paid less than $3 an hour, according to a congressman. Rep. George Miller (D-Calif.) said American consumers are being misled by the "Made in the USA" labels attached to products made in the Commonwealth of the Northern Mariana Islands (CNMI), which has been under U.S. sovereignty since 1975. Miller said most workers in the CNMI are from the Philippines and China, earn less than the U.S. federal minimum wage, and are denied basic labor rights. He said garment workers are paid as little as $2.90 an hour while household workers and farmers are paid even less. Workers who try to organize unions are deported, he said. Miller said Occupational Safety and Health Administration (OSHA) and Wage and Hour Division investigations have found many violations. In 1992, for instance, the Department of Labor filed suit against five garment factories in the CNMI for forcing workers to work 84 hours a week without overtime. Miller is supporting legislation to improve conditions for the CNMI workers and to assure that products could carry the "Made in the USA" labels only if employers were in compliance with U.S. labor laws. Colorado Mail Handler News is a publication of Local 321 of the National Postal Mail Handlers Union. Any member may submit articles for publication, with the understanding that the Executive Board of Local 321 has final approval on all articles contained in the newsletter. Some of the articles may contain editorial viewpoint which is the opinion of the author and not necessarily Local 321. Questions, comments or submissions should be addressed to: Editor, Colorado Mail Handler News 1833 W Elk PL Denver CO 80211
or visit Local 321’s website at http://www.npmhu-local-321.org
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