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COLORADO MAIL HANDLER NEWS LOCAL 321 SERVING THE STATE OF COLORADO VOLUME 5 ISSUE 3 DON GONZALES-EDITOR AUTUMN 1998 FACING THE FUTURE National/Local Negotiations The negotiating process has begun for the 1998 National Agreement. Included in the center of this edition of the Colorado Mail Handler News, I have tried to summarize the non-economic proposed changes that were submitted by our Union. Our Union still has until October 23, 1998 to submitted additional non-economical proposals. Once we have a National Agreement (either through negotiations or arbitration) we will be negotiating our Local Agreements. Under the Agreement we have 30 days to complete the Local once a National contract is in place. Any member wishing to submit Local Negotiation items please do so at this time so we can prepare our position and arguments. Please refer to Article 30 of your current Local Agreement to determine which items we can negotiate. It is also proposed to incorporate some Article 11 provisions (holidays) into Locally negotiated items (see insert on contract proposals for article 11 & 30). Steward Duty Time In recent weeks management has began to attack the use of Union time within certain facilities. Primarily this attack has been focused within the Denver GMF and the Airmail Facility. This attack has been initiated by the plant manager Sam Ruden and is being spearheaded by a new arrival, James Hickok. He has personally informed our Vice-President and myself that one of his main functions here is to deal with is the use of union time. He indicated that we would definitely be fighting over this issue. These statements came right on the heals of a CC: Mail, which was created by an MDO at the Airmail Facility. In that CC: Mail it stated that Union time would be limited to 15 minutes per day. It further explained that Union time was only to hold meetings and nothing more, no investigation, no access to steward’s rooms or anything else while on the clock. The CC: Mail even contained the excuses to use when denying Union time. Then just a few short days ago we were informed that Mr. Ruden had instructed his managers to strictly control Union time. He even indicated that the supervisors are to be inquiring into the nature of the grievances. These attacks have even lead to stewards being discipline for being on Union time beyond the 15 minutes which was allowed. In response to these attacks we have been forced to initiate numerous Labor Board Charges and grievances. We have also had to seek assistance from our National Office as well. Through their assistance we have been fairly successful in fighting off these attacks. However with the more recent statements of Mr. Ruden it is evident that this fight will continue. Any member being denied a Union Steward or being unreasonably delayed in seeing a Steward should immediately contact the Union, even if it is by the phone in your work area. We need to deal with each and every instance, otherwise this problem will continue and possibly even magnify over time. Craft jurisdictional issues We have spent the last several months attempting to deal with all of the jurisdictional concerns which exist in the offices where there is no current Mail Handler staffing. This is a very large project, which will take considerable time to tackle. So far we have been able to train a select group of representative (10 individuals) on jurisdiction issues. The individuals are divided into two separate groups. One group is primarily assigned to the Denver offices where changes within the GMF have a direct effect. The other committee will be dealing with other offices around the state, as we are able to determine the need to review operations. Eventually we should review most offices of any size within the state where potential Mail Handler work exists. Under the procedures currently in place (RI-399 Dispute Resolution Procedures) we cannot challenge work unless it meets certain criteria’s. Initially management took the position that we have no right to even enter these facilities. However after some fighting over the issue it appears this problem is resolved. The other issue we are trying to resolve deals with compensation. We are trying to resolve what management is obligated to pay for and what we will have to pay for. Additionally we have pushed successfully on management to create a District RI-399 Committee to deal with these offices. The first meeting of this committee was just a few weeks ago. As our representative to this committee I am requesting that any member who has knowledge of new office openings please contact me immediately so we can address the needs of that office. Recently we were able to get management to set a meeting for an on-site review of the new Golden facility. This review was performed by the District RI-399 Committee. With a review of the operations it was fairly easy to determine that sufficient Mail Handler work exists to warrant Mail Handlers within the facility. Initially it appears that management as well as the clerks acknowledge the need for Mail Handlers within the office. It is still to early to tell how much work actually exists or what type of staffing we will be able to acquire. As work is moved into this office obviously the amount of Mail Handler work will increase. Initially I don’t believe we will be able to get management to provide more than a few positions. However, we will then be in a position to monitor the work in question. There has also been no discussion on how this office will obtain its initial Mail Handler staffing. As more information becomes available on this issue you will be updated. Safety A long awaited change has just taken place. On July 31, 1998 the Senate passed a bill allowing for OSHA to impose fines on the Postal Service. Congress then passed this bill on September 14, 1998. The new bill is expected to allow for the imposing of fines against the Postal Service as early as 1999. Current speculation indicates that the Postal Service could be subject to fines up to $70,000 per infraction totaling more than 30 million dollars a year. These fines pose a financial threat to the Postal Service that will hopefully bring about some form of concern for safety. Only time will tell if this has any real impact on actual safety. Safety training will be held for Local Union Representatives once additional information is obtained from OSHA, possibly in mid 1999. Upcoming Elections The Election process will begin shortly after the first of the year for our Local Elections. The process will begin with the selection of 3 Judges and a couple of alternates. After the judges are selected the timetable is up to them. Normally, the nominations meeting will take place in April with the ballots going out in May. The ballots should be back in by early to mid June and counted. The effective date for swearing in of the new officers has previously been set by the Council for June 26, 1998. Any member may run for office in accordance with our Local Union Constitution (copies are always available through your steward). If you are interested in running for an elected position within Local 321 you should review the Constitution for any particulars you may want to know. Training Training has slowed a little while we have been detained with the mis-management issue. Even though the mis-management issues are not completely behind us (probably never will be) we are returning some of our focus to training. Beginning in October our first Local Casual training program will be rolled out to the Local Union Council. Following that it will be rolled out to all of our stewards. After a review of the National Training material as well a feedback from the representatives which attended the National training program earlier this year, we obviously have a lot of work to do. Management’s year round usage will be one of the primary issues of concern which we will be addressing following this Article 7 training. To date most all representatives have received the following training programs:
Additionally certain representatives have received the following training:
In 1999 we will once again offer the following training programs to allow for updating of newer stewards:
It also anticipated that these training programs would be introduced to our representatives this year:
Sub-Contracting According to management, in the coming year they intend to contract out our Priority Mail Center as well as our Empty Equipment Warehouse. Both of these issues are National in scope and will have an impact on all Postal Employees in the Country. Currently National grievances have been filed on these sub-contracting issues. It is hoped that these issues can reach arbitration in the near future so as to allow for resolvement on the issue. Unfortunately the history on sub-contacting issues does not offer much support to our fight. Locally, efforts are being made by the Postal Service to contract some of our work at the Airport to contract Airline employees. Currently we have filed on this issue and it would appear as things move along, we will be filing additional grievances in this area. This issue is also national in scope and is affecting many of the Locals around the country. One other issue, which does not directly effect our craft at this time, is the contracting out of some of the services that use to be handled by window clerks. This contract is with MailBoxes Etc.. The APWU will be dealing with this contracting issue but it is still a concern to us all. The bottom line appears to be that our new Post Master William Henderson (a career postal worker) is continuing with Mr. Runyon’s direction of dismantling the Postal Service. One effort to fight this subcontracting which is currently being developed, is an attempt to organize the Emery Air workers (those performing priority mail work) into our Union. Since the facilities already under Emery are on the East Coast the major focus is currently in those areas. If we are successful in organizing the 10 facilities, which they currently operate (prior to their contract being expanded), we will not have to deal with the organization effort directly. On the other hand if the priority contract get expanded prior to a successful organization effort being completed then we will become part of the organizing effort here in Colorado. As you can see, our plate is full as usual, but with the help of the dedicated officers and stewards of our union, you can be assured this Local union is doing all it can to help better the lives of mail handlers in the state of Colorado. David E. Ross President
NEGOTIATIONS ALREADY? As most of you should already know, the National Postal Mail Handlers Union has started the process for negotiating a new contract. The current contract is set to expire at midnight on November 20, 1998. Is it just me or doesn't it seem that we just finished getting a new contract? Actually, when you consider the time frames involved, it has been only about a year and a half since the current Agreement has been in effect. The effective date of the Agreement, as stated in Article 39, was April 24, 1996. What’s wrong with this picture? How can you have an Agreement that on the front cover says, "November 21, 1994 —November 20, 1998" and yet it was not effective until April of 1996? In a nutshell, we were the last union into arbitration after the expiration of the 1990-1994 Agreement. Unfortunately, when you go to arbitration, the time frames for getting a new agreement are extended. After the expiration of the 1994 Agreement, the Carriers and Clerks preceded the Mail Handlers into arbitration. The mail handlers didn’t start their arbitration proceedings until early 1996. If no tentative agreement is reached on a contract, U.S. Code Title 39 section 1207 (c) states that when no agreement is reached by the parties within 90 days of the termination of the agreement, an independent arbitration board is appointed. The postal service appoints one arbitrator, the union appoints one arbitrator and these two arbitrators, decide on the third arbitrator, who becomes the Chairperson. Hearings are held and evidence introduced before this Board. After all evidence is presented, the Board makes their decision and thus is born the next Agreement. If a tentative agreement is reached by the parties, the agreement must be ratified by the rank and file membership of the union. This would be done by a majority vote. I have been reading information from the last two contract negotiations which occurred after the expiration of the 1990 and 1994 National Agreements. As much as I don’t like to harp on the past, I had almost forgotten the cruel joke which was played on our craft after the expiration of the 1990 Agreement. For those who don’t remember, then National President Glen Berrien had reached a tentative agreement with the Postal Service. This Agreement called for bonuses instead of general wage increases in 1990-1993. The Agreement also called for a new level (step A) employee among other things. The only issue in dispute was whether these step A employees were entitled to COLA’s. Once again. our Constitution states that when a tentative Agreement is reached by the National Union, such agreement is subject to a ratification vote of the membership. If the membership rejects the contract, then the issues should be sent to arbitration. Mr. Berrien sought to have the question on the COLA for step A’s addressed through arbitration prior to the membership ratification vote. When the arbitrator made his ruling, he basically awarded the COLA in dispute, but also incorporated the rest of the tentative agreement into his award. The bottom line was that even though our National then tried to hold a ratification vote, the new contract was basically shoved down our throats, without such vote. The same year, the APWU and the NALC went into arbitration on the whole contract. They received wage increases instead of bonuses. This fact accounts for the large discrepancy in pay which occurs between clerks and mail handlers. This discrepancy did not exist prior to 1990. The 1994 Agreement was awarded to us through an arbitrator after the parties were unable to reach a tentative agreement. Coming into negotiations this year, our National will try to correct the pay discrepancy in addition to attempting to receive a fair and honest wage increase. However, from reading the body of the 1994 award, wherein the National tried to even up the pay disparity, the arbitrator agrees that a wage disparity does indeed exist, however he also says that "a deal is a deal". It is probably unrealistic to expect management or an arbitrator to even the gap. This year, Marvin Runyon is no longer at the helm of the postal service. In his place we have William Henderson, a career postal employee. We’ll see if his regime is any different. He has talked a good game so far, but actions speak louder than words. The Postal Service has been in the black for the last four years. Mail handler efforts during high volume periods were called "heroic" by management officials and mail delivery scores are at all time highs. Yet, I would venture to guess that up at the negotiating tables in Washington D.C., the managers are finding some negative things to say about the financial prognosis of the postal service and why they can’t offer good raises this contract. While raises certainly are not the only item on the table at negotiations, I know from working on the floor since 1980, that it is the item nearest and dearest to our hearts. So only time will tell what happens, negotiated agreement or arbitration. But I will relay that I am confident in National President Quinn’s ability to relate to the membership and do what is right for all mail handlers in the country. Don Gonzales Recording Secretary KNOW YOUR GOALS? I'm concerned about the "Know Your Goals" Program and how each of these goals incorporated into this program are being seriously undermined by all levels of Postal Management. None of these goals can even be realized under the present working environment of mistrust, intimidation, harassment and disrespect of the individual employees of the Denver/ Wyoming Area. In addition, the out of control use of excessive and constant overtime hours simply due to the failure of management to provide an adequate number of full-time and part- time employees to daily meet the "real work load" of the mail handlers and the other craft employees has been one of the biggest deterrents to meeting any of the goals. I'm concerned about delayed mail in the Postal Service and the procedure of how the mail is being processed under the direction of the Denver Plant Manager Sam Ruden. It came to no surprise to any of our union officers that nothing would be done with the correspondence packets that were produced to George Bottger or Craig Wade and the Inspector General who are direct reports and representatives of the U.S. Postal Service. If you recall these packets were sent to all mail handler members of local 321 by David Ross, President of Local 321. The union did receive a response from Craig Wade, Area Manager for the Postal Service. He said that since Sam Ruden has come to Denver the scores were up in the Denver area, yet we are in last place in nation wide. Pass the buck was the name of the game when it came to answers from the National Management for they indicated they had no jurisdiction with regard to the management of field facilities. So the bottom line is that no one is in charge of anything at any level in the U.S. Postal Service and therefore no one has any responsibility to change or fix problems. Every one in Postal Management is satisfied to just point fingers at the other manager and blame them for the problem. Unfortunately, all fingers point home to the craft workers. We wind up the bad guys in every situation and not one single person at any level of management has realized in the past 200 years of the Postal Service that without magic or mirrors or sophisticated automation systems the craft employee actually gets the mail to the customer. Nothing starts or ends without the "bottom-line" mail handlers, clerks, and carriers who do the work at the U.S. Postal Service. If only Postal Management at all levels could understand that simple concept and realize that their only job is to provide the necessary tools and equipment (land, labor and capital ) to do everything possible to help us succeed and then get out of the way and let us get the job done. In Unity, Ron Lucero Vice-President ANNUAL PICNIC Well another summer has come and gone and another annual Mail Handlers picnic has also come and gone, It was a typical Saturday in August with a typical afternoon cloudburst. However, before and after the deluge, a fine summer's day was enjoyed by all. There was softball, volleyball and horseshoes along with all the food and drink anyone could possibly want. There was even music in the air thanks to the efforts of Donny Hermosillo. Vince Keeton and David Damon worked hard all day at the grills so everyone could enjoy some great grubbin'. Everyone owes these two guys and their helpers a great big thank you! We would also like to thank everyone else who helped throughout the day, as this type of event is impossible to pull of without the help of volunteers like Yvonne Sedillos, Audrey Murphy, Bob Liphardt, Manuel Perez, Terry Morales, Mike Hora, Will Massey, Kaaseem Juanda and the many others. Thank you so much! Reporting on the annual softball game, I'm greatly saddened to announce that the BMC once again won and retained the illustrious trophy. Even after building a 13 to 3 lead after one inning, the GMF team couldn't hold off the mighty BMC offense. Even after cooking all day David Damon managed to pitch the winning effort. The final score was BMC 19, the GMF 15. The GMF later blamed the loss on lousy officiating, but I did the best that I could. Heck, the sun was in my eyes, I drank too much Budweiser and I had to listen to Shope all day (just kidding Rich)! The GMF can only wait for next year and another chance for revenge. Before I forget, there are bats and balls and horseshoe and volleyball equipment at the hall and available for any members use. Let your AVP know or stop by the hall and check it out. First come, first served. The only real problem that was incurred at the picnic was attendance. We would have liked to see more of our sisters and brothers out there. Also, if anyone has any suggestions on how to make next years picnic even better please let us know. Anyway, that's about it. Thanks to everyone for coming out. We hope you enjoyed yourselves and we hope to see all of you back again next year, John Meding State Representative
'TIS THE SEASON If you work under a bargaining unit agreement or contract then every three or four years you deal with something known as negotiations. With this process goes certain changes in the working environment - for management has many tactics they like to employ when this time comes around. Many industries will layoff their junior employees and recall them in an attempt to frighten them into thinking that could be their fate if they support union efforts. If a facility is top heavy with seniority, management will usually offer retirement benefits over wage increases in hopes of selling the membership a bad wage package that upcoming retirees will accept, forcing those who remain to endure three or four years of little or no wage increases or maybe even a restructured wage scale. These restructured wage scales were sold to the membership at Gates Rubber Co. here in Denver in the 70's where I personally experienced many of the tactics. The Gates Company is no longer here. Subcontracting of support operations is usually the next target as janitors, drivers and maintenance tend to make up a small percent of the overall workforce. A small fraction of the workforce can be sacrificed if the larger group(s) get what they want. Remember some younger members of the workforce might possibly be seriously considering management's first proposal and have no idea to judge how that proposal compares with past ones. This is why management offers different packages at different times in order to facilitate their needs at that time. In addition, a generally nasty mood will prevail on the workroom floor in the months that precede negotiations as management tries to show everyone who's the boss. They also try to convince those who will listen that you're lucky to be employed and you can be replaced by a machine. Infiltrators are used in some industries to monitor the mood of the rank and file to give management indications for their strategy. Well folks, we can all expect some or all of these tactics to surface as negotiations have recently begun and while the rhetoric from headquarters promises fair bargaining, we all know that this process is never easy, as there is much at stake. However, whenever there is much to be lost, the possibility of compromise is greatest. Therein lies our best hopes for quick settlement. By definition, this cannot be an easy process and this one will not be any different, as negotiations is where both sides try to regain what was previously lost while attempting to protect what is precious to them. But when we (hopefully) finally do have a proposal before us for ratification, we should all know what an arduous process that our brothers in D.C. had to endure. Good luck and God bless each of them for their task is endless and their hard efforts are many times thankless. And when they are finished, the process will be repeated locally throughout the nation. John M. Meding State Representative
OSHA Enforcement at USPS Pushed The Senate Labor and Human Resources Committee has approved a bill (S-21 1) to allow the Occupational Safety and Health administration to enforce its regulations at the U.S. Postal Service. A counterpart House bill (HR-3725) is ready for full voting. Sponsors point out that while OSHA conducts more than 200 inspections a year in the postal service, it lacks the authority to penalize the agency for failure to comply with its standards. In fiscal 1997, OSHA cited the postal service for 482 violations, including 87 repeat violations. The previous year the 850,000 employee postal service reported 79,000 illnesses and injuries, almost as many as the entire executive branch, which has more than twice as many employees. The measures would allow OSHA to use the same enforcement tools, including citations and penalties, that it currently uses in the private sector to require compliance with workplace safety standards. Both the Senate and House versions include language specifying that the postal service cannot use an OSHA citation or penalty as grounds to reduce services, raise postage rates, or close post offices. Reprinted from the Federal Employees News Digest, August 3, 1998 Submitted by Ron Lucero Vice President
Greetings and Salutations Brothers and Sisters Let me introduce myself. I'm Jorge McClelland one of the newest union stewards on tour 3 at the GMF. I have a little over 12 1/2 years in the Postal Service and was a union steward at the T.A. many moons ago. Let me tell you, I love being a steward. One of the many reasons I wanted to be a steward was because I have seen the many hours of hard work these union stewards and officers have done for me. You and I would not be making half the amount of pay if it wasn't for the contractual agreements the Union has won over the years. There's a saying on the wall in our steward office, " UNION, THE ANTI-THEFT DEVICE FOR THE WORKING PEOPLE". I can't imagine what management could get away with without the union interfering and resolving disputes between you and management. You can go years without needing a steward like I did. But when you really need one, you're glad they're on YOUR side and will fight for you. Kind of like keeping your own personal work lawyer in your back pocket. I've been back to being steward for only 3 months or so, but I can attest to the hard work these stewards and officers put forth on YOUR behalf I would say the most grievances we do here have to do with attendance. Management under the dictatorial rule of our ruler Sam Ruden, has taken a stance of no tolerance for unscheduled absences. The line is drawn. Brothers and Sisters I can't stress enough that we must try to be at work when we possibly can. Submit a scheduled PS form 3971 in advance for scheduled absences. Of course there will be times when we can not come in due to unexpected circumstances. Think again when its sunny outside and you want to call in, there will be snow days in the winter. Think again when you just don't feel like coming in, you might not be feeling well later and you'll have to call in. All I'm saying is it may be best to use your good judgment when calling in. Remember, WE THE UNION, are here for you. In Unity, Strength, and Democracy Jorge McClelland NPMHU Steward
At some point in time, you will wonder or need to know what your net worth is. It sounds confusing and probably seems like you couldn't do this without legal help. Well, it"s not that hard to do and you can spend some time doing it and know just where you are at financially. First, we need to know about "assets' and "liabilities'. Here we go you say, talking above my head again.... so lets simplify this and say, "What we own, minus what we owe!" "That's easier," you say to yourself. Now I am beginning to understand. Some of the things you need to know to figure this would be:
These would all be assets. Now you need to know what the "Liabilities" are:
Subtract the liabilities from the assets and that is your answer. Figuring all this out will tell you where you stand financially. You can see where your money is and what you intend to do with it. You may find money you didn't know you had because of cash values on life insurance policies when figuring this out. This can help you to decide if you need or really want a new loan for something else. If you do this the same time each year, you could see what progress you have made in your own net worth. This may help you to decide if you are ready to retire. It may let you realize that you are not as broke as you think you are. Good Luck figuring, Cindy Hoehl-Rinker
SICK LEAVE FOR DEPENDENT CARE I am surprised by the number of mail handlers who do not know about the Memorandum of Understanding (MOU) in our contract regarding Sick Leave for Dependent Care. If you would like to read it, it is on page 122 of your National Contract. It is simple and basic. It entities you to use your sick leave for giving care, or to otherwise attend a family member having an illness, injury, or other condition, which would justify the use of sick leave for yourself if you had this same condition. In the past, this could only be done if your family member was contagious. This MOU gives you the use of up to 80 hours of sick leave in a year's time to do what you need to in order to take care of eligible family members. Say, you need to take your spouse to the doctor because they are too sick to do it themselves. This would be used and should not be questioned by management. Let's say your child needs a well baby check up. This again is a good reason to use this leave. I'm sure that during the course of the year, most members meet eligibility requirements and are entitled to some amount, if not all of this leave. This is not to be confused with the FMLA leave in any way. That is a whole different game and it allows 12 weeks per year of leave for various other reasons. Read your contracts! Know your rights! In Unity, Cindy Hoehl-Rinker
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