T O N F A M O THE S F A L A P W U Document All Instances ... · Fort Myers, FL 33966 239-275-1007...

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January 2014 Volume 24 Number 1 Non-Profit Org. U.S. Postage PAID Fort Myers, FL Permit No. 139 Document All Instances Of Supervisors Performing Clerk Work THE OFFICIAL NEWSPAPER FOR ALL MEMBERS OF THE SOUTHWEST FLORIDA AREA LOCAL AMERICAN POSTAL WORKERS UNION HAPPY NEW YEAR! I hope that everyone had a great Holiday Season and made it through a busy Christmas. I also hope that you all have a Happy New Year! TIME TO TAKE A STAND We are still receiving phone calls from our members stating that Management and other Crafts are performing APWU Bargaining Unit Work. I can't understand why employees stand by and refuse to document these occurrences. Our members are willing to call and speak to us about work being done by Management or other Crafts but fail to act any further. Refusing to document these inci- dents could end up doing irrepara- ble harm to our Craft (loss of jobs, hours, overtime, etc.). It is not unreasonable for employees to confront management performing our work. Article 3 is clear, Postmasters and Supervisors in Level 15 and 16 Post Offices are limited to no more than 25 hours of bargaining unit work per week. Postmasters and Supervisors in Level 18 post offices are limited to no more than 15 hours of bargaining unit work per week. Postmasters and Supervisors in Level 20 and above Post Offices are no longer permit- ted to perform bargaining unit work unless it falls within exceptions outlined in Article 1.6.A. These lim- itations remain at the same level through the life of the agreement, even if the Post Office is down- graded in level. Postmasters and Supervisors who perform bargaining unit work are required to record “what operation they are performing either by time clock, PS Form 1260 or other appropriate means” and that docu- mentation must be made available to the union upon request. According to the APWU National Website: "We continue to hear about instructions to the field that are intended to circumvent this agreement. For example, in spite of the clear language requiring that “all time the supervisor or Postmaster spends staffing the window will be counted towards the permissible bargaining unit work limits,” we continue to hear about instructions that postmasters need only record the time of their actual window transactions. Our position is clear: If the win- dow is open, someone must be staffing it. If the parties had intended that “only the time actual- ly spent performing specific recorded window transactions would be counted” we undoubted- ly knew how to say exactly that – but we didn’t. “All time” the post- master spends staffing the window must be counted." If you are a PSE working at a Station, Branch or Plant, Managers or other Crafts perform- ing APWU Bargaining Unit Work is keeping you from being converted to a Career Position. To those Career Employees, man- agement performing APWU Bargaining Unit work is taking overtime or the ability to hire other co-workers to assist away from you. At what point will our membership learn that others performing our work is not a good thing for us? Every time a member of manage- ment or another Craft employee is performing APWU Bargaining Unit Work, the APWU Represented Craft losing that work does not get credit for the hours that the work is being performed, thereby possibly losing those hours forever. This eliminates the need to convert PSE's to Career Employment and allows management to work with fewer employees because they and other Craft Employees are performing the work. Articles are constantly written on how to document crossing craft grievances. The Union even has prepared forms to help document crossing craft issues. If you would like copies of these forms, please Sam Wood President SWFAL APWU Southwest Florida Area Local 11000 Metro Parkway, Unit 8 Fort Myers, FL 33966 Alva, Bokeelia, Bonita Springs, Captiva, Chokoloskee, Estero, Fort Myers, Fort Myers Beach, Immokalee, Labelle, Lehigh Acres, Marco Island, Naples, Placida, Port Charlotte, Punta Gorda, Rotunda, St. James City and Sanibel ADDRESS SERVICE REQUESTED See: Document All Instances Continued on Page 4 IN THIS EDITION OF THE EAGLE’S EYE Document All Instances Of Supervisors Performing Clerk Work . . . . 1 Secretary-Treasurer’s Report. . . . . . . . . . . . . . 2 Overtime Rules Can Be Complicated See Your Steward For Answers . . . . . . . . 3 Another Christmas In Paradise . . . . . . . . . . . . 4 Union Matters . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The New Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 What You Should Know About Injury Compensation . . . . . . . . . . . 6 Trustee Report . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SWFAL Membership News . . . . . . . . . . . . . . . . 8 Award Winning Team . . . . . . . . . . . . . . . . . . . . 8 The Eagle’s Eye Appreciates All Contributors . . . . . . . . . . . . . . . . . . . . . 8 PROUD MEMBER

Transcript of T O N F A M O THE S F A L A P W U Document All Instances ... · Fort Myers, FL 33966 239-275-1007...

Page 1: T O N F A M O THE S F A L A P W U Document All Instances ... · Fort Myers, FL 33966 239-275-1007 Open 9am-3pm, Monday-Friday WEBSITE ADDRESS PRESIDENT Sam Wood SWoodFla@aol.com 239-823-APWU

January 2014Volume 24 Number 1

Non-Profit Org.U.S. Postage

PAIDFort Myers, FLPermit No. 139

Document All Instances OfSupervisors Performing Clerk Work

THE OFFICIAL NEWSPAPER FOR ALL MEMBERS OF THE SOUTHWEST FLORIDA AREA LOCAL AMERICAN POSTAL WORKERS UNION

HAPPY NEW YEAR!

I hope that everyone had a greatHoliday Season and made itthrough a busy Christmas. I alsohope that you all have a HappyNew Year!

TIME TO TAKE A STAND

We are still receiving phone calls

from our members stating thatManagement and other Crafts areperforming APWU Bargaining UnitWork. I can't understand whyemployees stand by and refuse todocument these occurrences. Ourmembers are willing to call andspeak to us about work being doneby Management or other Craftsbut fail to act any further.

Refusing to document these inci-dents could end up doing irrepara-ble harm to our Craft (loss of jobs,hours, overtime, etc.). It is notunreasonable for employees toconfront management performingour work.

Article 3 is clear, Postmasters andSupervisors in Level 15 and 16Post Offices are limited to no morethan 25 hours of bargaining unitwork per week. Postmasters andSupervisors in Level 18 postoffices are limited to no more than15 hours of bargaining unit workper week. Postmasters andSupervisors in Level 20 and abovePost Offices are no longer permit-ted to perform bargaining unit workunless it falls within exceptionsoutlined in Article 1.6.A. These lim-itations remain at the same levelthrough the life of the agreement,even if the Post Office is down-graded in level.

Postmasters and Supervisors whoperform bargaining unit work arerequired to record “what operationthey are performing either by timeclock, PS Form 1260 or otherappropriate means” and that docu-mentation must be made availableto the union upon request.

According to the APWU NationalWebsite: "We continue to hearabout instructions to the field thatare intended to circumvent thisagreement.

For example, in spite of the clearlanguage requiring that “all timethe supervisor or Postmasterspends staffing the window will becounted towards the permissiblebargaining unit work limits,” we

continue to hear about instructionsthat postmasters need only recordthe time of their actual windowtransactions.

Our position is clear: If the win-dow is open, someone must bestaffing it. If the parties hadintended that “only the time actual-ly spent performing specificrecorded window transactionswould be counted” we undoubted-ly knew how to say exactly that –but we didn’t. “All time” the post-master spends staffing the windowmust be counted."

If you are a PSE working at aStation, Branch or Plant,Managers or other Crafts perform-ing APWU Bargaining Unit Work iskeeping you from being convertedto a Career Position.

To those Career Employees, man-agement performing APWUBargaining Unit work is takingovertime or the ability to hire otherco-workers to assist away fromyou.

At what point will our membershiplearn that others performing ourwork is not a good thing for us?

Every time a member of manage-ment or another Craft employee isperforming APWU Bargaining UnitWork, the APWU RepresentedCraft losing that work does not getcredit for the hours that the work isbeing performed, thereby possiblylosing those hours forever. Thiseliminates the need to convertPSE's to Career Employment andallows management to work withfewer employees because theyand other Craft Employees areperforming the work.

Articles are constantly written onhow to document crossing craftgrievances. The Union even hasprepared forms to help documentcrossing craft issues. If you wouldlike copies of these forms, please

Sam WoodPresident

SWFAL APWU

Southwest Florida Area Local 11000 Metro Parkway, Unit 8 Fort Myers, FL 33966

Alva, Bokeelia, Bonita Springs, Captiva,Chokoloskee, Estero, Fort Myers,

Fort Myers Beach, Immokalee, Labelle,Lehigh Acres, Marco Island, Naples, Placida,

Port Charlotte, Punta Gorda, Rotunda,St. James City and Sanibel

ADDRESS SERVICE REQUESTED

See: Document All InstancesContinued on Page 4

IN THIS EDITION OF

THE EAGLE’S EYEDocument All Instances Of

Supervisors Performing Clerk Work . . . . 1

Secretary-Treasurer’s Report. . . . . . . . . . . . . . 2

Overtime Rules Can Be ComplicatedSee Your Steward For Answers . . . . . . . . 3

Another Christmas In Paradise . . . . . . . . . . . . 4

Union Matters . . . . . . . . . . . . . . . . . . . . . . . . . . 5

The New Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . 5

What You Should KnowAbout Injury Compensation . . . . . . . . . . . 6

Trustee Report. . . . . . . . . . . . . . . . . . . . . . . . . . 7

SWFAL Membership News. . . . . . . . . . . . . . . . 8

Award Winning Team . . . . . . . . . . . . . . . . . . . . 8

The Eagle’s Eye AppreciatesAll Contributors . . . . . . . . . . . . . . . . . . . . . 8

PROUD MEMBER

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2 THE EAGLE’S EYE JANUARY 2014

Southwest Florida

Area Local, APWU11000 Metro Parkway, Unit 8

Fort Myers, FL 33966

239-275-1007

Open 9am-3pm, Monday-Friday

WEBSITE ADDRESS

www.swfloridaapwu.org

PRESIDENT

Sam Wood

[email protected]

239-823-APWU

VICE-PRESIDENT

Dan Gray

[email protected]

239-834-2736

SECRETARY-TREASURER

Felicia Gluhareff

[email protected]

CLERK CRAFT DIRECTOR

Paul McAvoy

[email protected]

MAINTENANCE CRAFT

DIRECTOR

Mickey Szymonik

[email protected]

239-834-2900

EDITOR

Kathy Moyer

[email protected]

MOTOR VEHICLE CRAFT

DIRECTOR

Vacant

TRUSTEES

Daniel Carinci

Grace Baer

David Grant

SAFETY & HEALTH

COMMITTEE

David Grant

Wendy Skaff

CONSTITUTION COMMITTEE

Dan Gray, Chairman

Felicia Gluhareff

Paul McAvoy

Kathy Moyer

NATIONAL MAILING ADDRESS

Per Capita Section

APWU, AFL-CIO

1300 L Street NW

Washington, DC 20005

FLORIDA POSTAL WORKER

The Florida Postal Worker

P.O. Box 8363

Fort Lauderdale, FL 33310

www.apwuflorida.org

SECRETARY-TREASURER’S REPORT

Felicia Gluhareff

December 8, 2013

CALL TO ORDER:Time 9:30 a.m. There were13 members in attendance.

PLEDGEOF ALLEGIANCE:The pledge of allegiancewas led by Ashley andScott Wiser.

ROLL CALLOF OFFICERS:Felicia Gluhareff per-formed the roll call of offi-cers. Present were SamWood, Dan Gray, FeliciaGluhareff, Paul McAvoyand Kathy Moyer. DanGray made a motion toexcuse Mickey Szymonikwho had personal businessto attend to. The motionpassed.

MAP:Barbara Carr told two jokesin honor of CharlesGlennon.

NEW MEMBERS:Carmina Bailey, AngelaDziedzic, Jeremy Norman,Barbara Rodriquez, AaronParrott, Kevin Ward,Rasheedah Africain, IreneRizzo, Joseph Neelon,Jasmine Marson, AnnetteLee, David Leckie, JeffCimilien, Kenneth Bennett,Dorothy Becker, GizmethAlcazar, ChristopherFiqueroa and Edgar Javier.

EXECUTIVE BOARDMINUTES:Maintenance overtimerotation issues at the plantwere discussed and arestill being discussed bymanagement and our local.All overtime will be issuedper the LMOU or membersare urged to speak to theirsteward.

Small postal office issuesregarding postmastersdoing clerk work were dis-cussed.

PSE’s are not to be includ-

ed in the choice vacationevent. As per Item 12 in theLMOU they are to beincluded in incidental and“other” leave when choos-ing. This is due to themaccruing their leave andnot being issued leave upfront at the start of the year.

SECRETARY-TREASURER’S REPORT:Felicia Gluhareff read theminutes from last month’sunion meeting since thereis no December Eagle’sEye. Scott Wiser made amotion to accept the min-utes as read at this month’smeeting. The motionpassed.We will be openingour Tampa Postal CreditUnion business checkingaccount this week. I havegathered all the signaturesand information that shouldbe needed. We will beopening that account witha $5,000 balance untilchecks can be printed andour outstanding paymentscan be cycled throughWells Fargo. The WellsFargo account will then beclosed. The building insur-ance has been successful-ly reinstated.

REPORT/SELECTIONOF COMMITTEES:None.

REPORT OFCONVENTIONCOMMITTEES:None.

REPORT OF TRUSTEES:The Trustee Report on theaudit will be printed in thismonth’s Eagle’s Eye.

COMMINICATIONS:Our local receivedChristmas/Holiday cardsfrom our state Clerk CraftDirector, Joe Paul andSheriff Mike Scott.

UPDATE OFGRIEVANCES:None.

OLD BUSINESS:None.

NEW BUSINESS:Dan Gray would like to

make amotion topurchasea $250 giftcard for our office secre-tary, Karen D’Angelo, as aChristmas bonus. Themotion passed.

Sandee Beckler askedabout parcels scanning atstations. It appears thatsome parcels are not get-ting scanned which in turnmeans that the clerks (andcarriers) are not gettingcredit for that work. Thismay ultimately affect thenumber of clerks needed atthose stations since allwork is not being account-ed for.

Sam will talk to National’sIndustrial Relations depart-ment to get advice on howto move forward on thisissue.

LABOR/ MANAGEMENT:None.

GOOD AND WELFARE:The winner of the COPA50/50 drawing was PaulMcAvoy who won $33.00.The total netted for thedrawing was $66.00. Thename drawn for the mem-ber’s incentive award wasFelicia Gluhareff. She won$50. The pot will remain at$50 for next month’s GMM.

ELECTION OF OFFICERSAND DELEGATES:None.

LEFTOVERS:None.

ROLL CALLOF OFFICERS:Felicia Gluhareff per-formed the roll call of offi-cers. The results wererecorded.

NEXT MEETING:Robert Nowall moved tohave the next meeting onJanuary 12, 2014 at 9:30a.m. at the union hall. Themotion passed.

ADJOURNMENT:Robert Nowall moved toadjourn at 10:20 a.m. Themotion passed.

Secretary-Treasurer’s ReportFelicia Gluhareff

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JANUARY 2014 THE EAGLE’S EYE 3

Recently Ihave beenasked a lot ofq u e s t i o n sc o n c e r n i n govertime andhow overtimeis supposedto be issued.Also, what isthe properremedy ifsomeone isimproperly bypassed for overtime?

Overtime is not always a simpleyes or no answer. There are some-times many variables that dictatehow the overtime is issued.

Listed below are sections takenverbatim from our LocalMemorandum of Understandingfor the Fort Myers Bid Installationand the Joint ContractInterpretation Manual.

LMOU Item 14 - Whether“Overtime Desired Lists” inArticle VIII shall be bysection and/or Tour

A. The overtime desired listshall be by section and touras listed in Item 4.I. Therewill be two overtime lists,

1.) Employee’s normal workday,

2.) Employee’s non-sched-uled work day.

B. Supervisors may go outsidethe section for overtime vol-unteers, once the ODL hasbeen maximized for thatsection where the overtimeis needed and volunteerspossess the necessaryskills.

C.Employees may removetheir name from the ODL byproviding written notice toManagement. The “removal”is effective at the end of tour,unless overtime has beenassigned.

D.Employees who changesections/tour shall, at theiroption, retain their volunteerstatus on the ODL.

E. Management shall post anupdated OTDL at least twoweeks prior to the start ofthe calendar quarter.Employees already on theOTDL shall be automaticallycarried over to the newOTDL. Employees not onthe OTDL shall be able toadd their names to theOTDL during this timeframe.

JCIM Article 8.5.D Overtime-Non-List

One purpose of the overtime

desired list is to avoidscheduling full-time employeesnot wishing to work overtime.However, if the overtimedesired list does not providesufficient qualified full-timeregular employees forovertime work, Article 8.5.Dpermits management torequire employees not on theovertime list to work overtimeon a rotating basis starting withthe junior employee.

JCIM Article 8 Questions &Answers

#15. Must all employees on theovertime desired list be utilizedtwelve hours per day before anemployee not on the list worksany overtime?

Response: Except when thereis an operational window thatcannot be met unless non-listemployees are worked. Atsuch time, list and non-listemployees may be scheduledsimultaneously. NOTE: Nonlist employee, in officesutilizing NTFT dutyassignments in the sameFunctional area, cannot workovertime except in anemergency.

#26. What is the remedy if anemployee on the overtimedesired list is improperlybypassed?

Response: If the overtimedesired list employee isimproperly bypassed andanother employee on theovertime desired list isselected out of rotation, thebypassed employee isprovided a similar make-upopportunity within ninety daysof when the error isdiscovered; if no similar makeup opportunity is availablewithin that ninety days, theemployee is compensated atthe overtime rate for a periodequal to the opportunitymissed.

If the overtime desired listemployee is improperlybypassed for anotheremployee not on the overtimedesired list, the bypassedemployee will be paid at theovertime rate for the number ofhours equal to the opportunitymissed. When a questionarises as to the properadministration on the “overtimedesired” list at the local level, asteward may have access toappropriate overtime records.

JCIM Article 8.4.G – OvertimeWork – PSE Employees

PSEs shall be paid overtimefor work performed in excessof forty (40) work hours in any

one service week.

When an opportunity exists forovertime for qualified andavailable full-time employees,doing similar work in the worklocation where the employeesregularly work, prior to utilizinga PSE in excess of eight (8)work hours in a service day,such qualified and availablefull-time employees on theappropriate Overtime DesiredList will be selected to performsuch work in order of theirseniority on a rotating basis.

Remember you are not entitled toovertime outside your designatedsection and if you do work over-time outside your designated sec-tion, you are equivalent to a non-list employee in the other OTDLsection.

If you think you have beenbypassed, or think overtime wasincorrectly issued, ask to see yoursteward. You only have fourteen(14) days from the date of incidentto file a grievance. Please do notwait to the last day. You can findout even more information aboutovertime and other contractualissues at the APWU.org websiteunder the link for handbooks andmanuals, or ask to see your UnionSteward.

The US Postal Service recentlyreleased its financial results forthe fiscal year which endedSeptember 30, 2013. The USPSclaimed a net loss of just under $5billion.

This was entirely attributed to theunreasonable requirement that theUSPS must prefund its futureretirees’ healthcare benefits for thenext 75 years. The USPS mustannually pay $5.5 billion into theprefunded retirees’ healthcarebenefits. This was imposed by

Daniel M. GrayVice PresidentSWFAL APWU

Congress in 2006 when theRepublican controlled Congresspassed the Postal Accountabilityand Enhancement Act (PAEA),and President Bush signed it intolaw.

The PAEA mandated that over thecourse of just 10 years, the USPSmust pre-fund healthcare benefitsfor the next 75 years of retirees.This meant the USPS had to divert$5.5 billion annually to a fund setaside for future retirees, workerswho haven’t even been hired yet.

Plus, this was on top of the normalcost of covering current employ-ees and retirees. No other entity,public or private, is required to dothis. This pre-funding mandate isthe real reason the USPS is in thefinancial crisis you continually hearabout every day.

If you discount the unreasonablerequirement to prefund the futureretirees’ healthcare benefits, theUSPS brought in about $600 mil-lion more revenue than it paid outin operating costs and actuallyturned a profit on its operationsthis past fiscal year (2013).

This information has been repeat-edly reported by all of the NationalPostal Unions, but seems to beignored by management, the pub-lic and most politicians. Wheremost business strive to increaseservice the USPS seems hell benton cutting more jobs, closingneeded facilities and degradingservice instead.

I hope everyone enjoyed the holi-days and had at least a little stressfree time. While our work environ-ment can be challenging at times,please leave your work stress atwork. Try not to take this stresshome to your family. Rememberyour family and friends alwayscome first.

Overtime Rules Can Be ComplicatedSee Your Steward For Answers

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4 THE EAGLE’S EYE JANUARY 2014

I am hopingeveryone hada Happy andH e a l t h yH o l i d a ySeason.

This wasa n o t h e rC h r i s t m a sseason jampacked withovertime.

When overtime is given on a regu-lar basis, along with it comes thegrievances based on manage-ment's inability to follow the con-tract.

Every season at the beginning ofDecember, myself and Dan Graytalk to the supervisors at the Plantand explain to them how to con-tractually administer overtime.Every year management violatesthe contract and pays thousandsof dollars in settlements.

I have had people ask me what isthe remedy for overtime bypass-es? The following is language fromthe JCIM on remedies:

REMEDIESThe parties agree that with theexception of December, full

discovered; if no similarmake-up opportunity isavailable within that ninety days, the employee iscompensated at the overtimerate for a period equal to the opportunity missed.

If the overtime desired listemployee is improperlybypassed for anotheremployee not on the overtimedesired list, the bypassedemployee will be paid at theovertime rate for the number ofhours equal to the opportunitymissed. When a questionarises as to the properadministration on the “overtimedesired” list at the local level, a steward may have access toappropriate overtime records.

If you have been awarded a paysettlement as a result of a griev-ance, check your pay stubs andmake sure you get it.

The pay settlement should showup within a couple of pay checksbut management is required to paywith in 60 days.

If you do not receive your settle-ment see your steward and askhim to request the GATS payoutfrom management.

A great way to find out if youreceived your settlement is to lookat your pay stub on Lite Blue. Theeasiest way to get to Lite Blue is togo on our local’s website,www.swfloridaapwu.org.

Along the left side in the red iconsyou will see the link for Lite Blue. Itis easy to navigate to the link and .access the Lite Blue website. Yousimply log in and go to ePayroll,which is listed in the quick links onthe Lite Blue page.

It will have your pay stubs for thelast few years. when you bring upthe pay periods in which your arelooking for your settlements andclick on adjustments. It will breakdown adjustments in detail and tellyou what they are for.

I do, however, request that you donot hit the box stating you nolonger wish to get paper stub. Weneed to preserve as much maildelivered to our houses as possi-ble.

Below this article is an adjustmentI received from an earlier griev-ance settlement which gives youan idea about what to look for.

Over and Out

time employees are prohibited from working more than twelvehours in a single work day orsixty hours within a service week. In those limitedinstances where this provisionis or has been violated and atimely grievance filed, full timeemployees will becompensated at an additionalpremium of fifty percent of thebase hourly straight time ratefor those hours worked beyondthe twelve or sixty hourlimitation. The employment ofthis remedy shall not beconstrued as an agreement bythe parties that the employermay exceed the twelve andsixty hour limitation withimpunity.

What is the remedy if anemployee on the overtimedesired list is improperlybypassed?

Response: If the overtimedesired list employee isimproperly bypassed andanother employee on theovertime desired list isselected out of rotation, thebypassed employee isprovided a similar make-upopportunity within ninety daysof when the error is

Another Christmas In Paradise

Paul McAvoyClerk Craft Director

SWFAL APWU

On a previous adjustment which I received from a grievance settlement it shows “Grievance Settlement” andthe amount associated with the settlement.

clear on this issue and we intendto push the issue until justice isdone.

PSE'S WORKINGAS A WINDOW CLERK

Article 7.1.B.4 of the CollectiveBargaining Agreement states thatin Level 21-and-below offices,PSEs who work the window maynot exceed 20% of the career retailclerks in that installation whoseduties include working the window.The parties have agreed that the“rounding-up rule of 0.5 and aboveapplies.”

This means that unless there arethree or more career windowclerks in an installation, a PSEmay not work the window.

Even if these PSEs were to beconsidered to be “new work”PSEs, because they are replacingPMRs [and the APWU strenuously

disputes that contention, thatwould only exempt them from the“allowable percentages of PSEswithin a District” (Article 7.1.B.6)].

The “20% of the career retailclerks” in Level 21-and-belowoffices permitted by Article 7.1.B.4is not a “District cap.” It is an“installation cap” on the number ofPSEs who can work the windowbased upon a percentage of thenumber of retail (Function 4)employees who work the window.

MAINTENANCE DICTATORSHIP

The Fort Myers Plant has it's ownMaintenance Manager or "Dictatorin Chief" who has to have thingshis way (or has to be his idea) inorder for things to be functioning inthe proper way.

Recently we discussed with super-visors the way in which overtimewas to be issued as per the LMOU

to avoid grievances. The minorchange ensured that overtimewould be equally divided in a waywhere employees would not beimproperly bypassed.

The supervisors stated that theywould have to run the issue by theMaintenance Manager (whowouldn't even be the one issuingthe overtime), and he said “No” todoing it the correct way.

The SWFAL-APWU will be griev-ing the issue every time it is doneincorrectly and will not discussways to prevent further grievanceswith Maintenance Supervisors(because of their inability to settlethese issues).

If you feel like you have beenbypassed, please see your UnionSteward.

contact the Union Office at(239) 275-1007 and our fantasticOffice Manager Karen D'Angelowill be happy to send them to you.

FLATS PREPARATIONARBITRATION AWARD

We have been in contact with ournew National Officers in regards toour recent RI-399 Award and arein the process of taking furtheraction. We will be updatingemployees as to when we expectmovement on this issue.

Please understand that we will notaccept anything less than a mone-tary back pay for all employeeswho were harmed by manage-ment's actions and we also willwork to get our work returned to uson the FSM's. The Arbitrator was

Document All InstancesContinued from Page 1

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JANUARY 2014 THE EAGLE’S EYE 5

MaintenanceCraft employ-ees are sub-servient toClerk Craftemployees inthe eyes ofManagementat the FortMyers P&DC.

I've had thisa r g u m e n twith ourMaintenance Manager SteveKrankowki many times. His beliefis that without the processing ofthe mail, there is no need forMaintenance. My argument is thatwithout maintenance, there wouldbe no processing of the mail.

The mail processing equipmentwould not continue to run, andconsequently, the mail would notmove. None-the-less, we inMaintenance seem to be consid-ered the ugly step-children.Though it wasn't always this way.

Under past regimes, Maintenanceruled the day, but that's not thecase anymore.

Maintenance Manager Steve

Krankoski (a former ET, I mightadd) under the sway of his sven-gali Dorinda Kohlun, has soldMaintenance down the river andover the rapids.

Unfortunately, this disregard of theMaintenance Craft's importance inthe goal of moving the mail - thedisregard of the need for a symbi-otic relationship between the clerkand maintenance crafts to achievea common goal, seems to me tohave affected our employee cohe-siveness, as well.

A situation recently occuredwherein a former clerk excessedinto Maintenance, had a past his-tory with another mail processingemployee. Allegedly, push came toshove. There were no witnessesas to who pushed and whoshoved, but I do know that themaintenance employee involvedhad requested to not be assignedto clean the area in which the mailprocessing clerk normally worked,so as to avoid any further con-frontation.

Maintenance supervisors wiselyacceded to this request, but theincident occured in a commonarea - the break room.

It is a big enough problem to dealwith management’s occasion out-bursts, but we really need to avoidbattling each other in our respec-tive crafts. It’s not the Maintenanceor Clerk Craft but the APWU bar-gaining unit.

We look out for our own. The thingis, we are all members of theAPWU, Local 1279. We shouldnot be pitting one side against theother.

The problem for Maintenanceemployees is one of our own mak-ing. Of course, we are under-rep-resented for a reason. We don'tshow up at union meetings in thenumbers that we should.

At the November general member-ship meeting, I was the onlyMaintenance employee in atten-dance. This meeting was the onein which delegates were voted onto attend the National Union con-ventions. As a direct consequenceof our turnout numbers, noMaintenance employee from ourlocal will be representing ourMaintenance employees at theseupcoming conventions.

Fortunately, Clerk Craft employee

Mickey SzymonikMaintenance Craft

DirectorSWFAL APWU

Over the pastfew years, Ft.Myers P&DCas well asdozens ofother P&DCsaround thecountry fellvictim to anoverzealousOSHA.

A l t h o u g hmany seriousc o n c e r n swere discovered and addressedother concerns were overempha-sized in seriousness. As a resultthe USPS was fined $6,000,000.

The USPS and OSHA made a dealand a new plan of action wasimplemented. The agreement wasto implement this new safety planand if the USPS did not have anyinfractions for 1 year, then the finewould be reduced to $3,000,000.

What this plan does is have ETs(Electronic Techs) and MPEs(Mechanics Mail ProcessingEquipment) and BEMs (BuildingEquipment Mechanics) wear PPE(Personal Protection Equipment)

while servicing certain equipmentwith a particular safety categoryrating, which is based on the volt-age capacity. (The higher the rat-ing, the more severe the require-ments).

The PPE that must be worn is afull body jump suit with an abovenormal caloric rating for clothing. Aneck gator for neck protection, earprotection, safety eyeglasses, afull face-shield, rubber gloves thatextend up to the elbow and leathergloves that fit over the rubbergloves. This is what must be wornin order to open a circuit-breakerbox and switch off a circuit break-er. The same is necessary toreboot a Mail Processing Machine.

This required PPE is to protectworkers from something calledarc-flash. This is a hazard thatoccurs very rarely and has neveroccurred in the history of theUSPS. But, for whatever reasonOSHA and the USPS have decid-ed that the ETs, MPEs and BEMsneed to be protected from some-thing that has a very low probabili-ty of ever happeneing.

The result of this, of course, is that

during run tours, if a machineneeds to be serviced for whateverreason then it will take an extra 10-15 minutes to accomplish the taskneeded. Operations does notappreciate this extra time needed.This is also true when performingroutine preventive maintenance ontour 2. The extra time neededmeans lost time for other tasks.

Now don’t take me wrong. I am infavor of anything that makes myjob safer. In fact, there is nobody(accept my family) that is moreconcerned about my safety thanme. But in our training for this newprogram we were assured by man-agement that if we are caught notin compliance with wearing therequired PPE that (since this is asafety issue) we would be fired onthe spot. No questions asked.

Remember, the fines placed onthe USPS were not because ofworkers working unsafely. It wasbecause USPS did not have poli-cies in place that addressed whatwas needed to perform certaintasks safely.

This new plan hinders an ET, MPEor BEM from doing their job.

Imagine trying to work with handtools (or operating a volt meter)while wearing two pounds ofgloves. Now imagine while tryingto troubleshoot a problem machineand then wondering at the sametime whether or not you are wear-ing the proper PPE. This happen-ing while you have a very excitedTour MDO looking over your shoul-der and telling you to hurry up orelse you will be held responsiblefor delaying the mail.

I could almost believe that this is asincere effort by the USPS in theirconcern for my safety. But I haveto consider the fact that my suithas metal buttons. Metal conductselectricity. Why would someonedesign a suit meant to protect fromelectrical conductivity with metalbuttons?

As mentioned earlier, the agree-ment is to cut the fine in half ($6million to $3 million) if there are noinfractions within 1 year of imple-mentation. The cost to implementthis program and save the $3 mil-lion dollars is $8 million dollars. Asa friend of mine always says, “youcan’t make this stuff up.”

Danny Carinci, our Tour 3Maintenance Steward is a secondalternate and may possibly beafforded the opportunity to attendmaintenance breakouts and train-ing. Danny does an excellent jobfor the Maintenance Craft and Isincerely hope he will be providedthe opportunity to learn and repre-sent for our craft.

Finally, from the "Maintenance isalways the last to know file", TheMaintenance Overtime DesiredList rotation will be corrected toconform to the Clerk Craft OTDLrotation. For N/S day overtime,rotation will be enacted on a dailybasis: That is to say that allemployees on the NS day ODL willrotate for their specific days off.Scheduled day pre- or post- over-time will rotate as usual.

Thanks to Kim McLoughlin for hertenacity in correcting this error inthe Maintenance craft. As of thiswriting, I will be meeting withMaintenance Management toimplement this change. It shouldresult in a more fair distribution ofovertime for those employeesdesiring to work their N/S days.

Solidarity, Prosperity, Peace

Union Matters

The New Plan

Scott J. WiserTour 1 Maintenance

StewardFort Myers P&DC

SWFAL APWU

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6 THE EAGLE’S EYE JANUARY 2014

While safetyis everyone’sresponsibility,it is unrealis-tic to expectthat noemployee willever experi-ence aninjury, occu-pational dis-ease, or acci-dent whileemployed bythe USPS.

A workplace injury, illness, or dis-ease can require medical treat-ment and result in unwanted timeaway from work. Injury compensa-tion, commonly referred to asworkers’ comp, is a federally man-dated insurance program thatguarantees coverage for medicalbenefits and protects againstwage loss for the time you aretemporarily disabled.

Death benefits are paid to surviv-ing dependents of workplace fatal-ities.

Certain conditions must be met tobe eligible for benefits through theOffice of Workers’ CompensationPrograms (OWCP).

They are:A) The claim must be filed

timely. For both traumaticinjuries and occupationaldiseases/illnesses, a claimmust be filed within three(3) years of the date ofinjury or onset. For atraumatic injury, claimants

must file within thirty (30)days to receive Continuationof Pay (COP).

B) The claimant must be a civilfederal employee. If youwere employed by the PostalService on the date of theinjury, you are covered.

C)Your injury or illness must bework-related.

Please be aware that postal man-agement cannot do anything tostop the approval process for yourclaim if it meets the eligibilityrequirements listed above. Localmanagement at your plant or sta-tion has nothing to do with theapproval or denial of your claim.Local management can controvert(challenge) your claim, but theOWCP claims reviewer will make afinal determination based on all ofthe supporting evidence.

When you are injured at work,there are a number of simple stepsyou need to follow to start theclaim process. These steps areoutlined by OWCP on Form CA-10which is posted on the bulletinboard in your facility.

They are:1. Report the job-related injury,

illness, or disease to yoursupervisor as soon aspossible. Injury includesdamage to medical braces,artificial limbs and otherprosthetic devices.

2. Your primary focus aftersustaining a workplace injuryor illness should be obtaining

prompt medical care if it isneeded. Before you seekmedical treatment, ask yoursupervisor to authorizemedical treatment throughthe issuance of FormCA-16. You may initiallychoose the physician youwant to provide treatment. Emergency medical treat-ment does not require priorauthorization. For claims ofoccupational disease orillness Form CA-16 cannotbe issued without priorauthorization from OWCP.

3. You should file written noticeof your claim. For traumaticinjuries, use Form CA-1. Foroccupational illness/disease,use CA-2. Read theinformation and instructionsthat are attached to theseforms! Do not sign anydocument until you fullyunderstand its implications. Remember, the timeframe forfiling a CA-1 for Continuationof Pay (COP) is 30 days.

4. Obtain receipt of notice fromyour supervisor. Each CA-1and CA-2 has a “receipt” ofnotice of injury attached to it. Make sure the supervisorreturns it to you.

5. Submit claim for COP/Leaveand compensation for wageloss. Form CA-1 serves asyour claim for COP. Whenclaiming COP, submitsupporting medical evidenceto the Postal Service within10 work days from the date of

traumatic injury. If you aredisabled beyond the 45calendar day maximumallowed for COP or you arenot entitled to COP, you mayclaim compensation on FormCA-7 or you may use leave. If disabled due tooccupational disease orillness, you may claimcompensation on Form CA-7or you may use leave. Adisability claim forcompensation should besubmitted as quickly aspossible after you becomeaware that you are disabledand will enter a leave-without-pay status.

This article is intended to providebasic information about OWCP.APWU members who are injuredat work are encouraged to contacta steward about all questions, con-cerns, and issues, becauseOWCP is an expansive subjectthat cannot be adequatelyaddressed in a single news article.

The decision to file or not file anOWCP claim is your decision.You are not required to complete aCA-1 or CA-2. Do not be bulliedinto signing anything on the day ofinjury! Please make a shop stew-ard aware of your injury as mem-bers who file claims without unionguidance or assistance do so attheir own peril.

Wishing you and your loved onesa safe, healthy, and prosperousnew year.

What You Should KnowAbout Injury Compensation

Grace BaerT2 & T3 StewardFt. Myers P&DCSWFAL APWU

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JANUARY 2014 THE EAGLE’S EYE 7

TRUSTEE REPORTNovember 15, 2013

The semi-annual audit by the Trustees of the Southwest Florida Area Local 1279 of the American Postal Workers Union was con-ducted November 15, 2013. This is in accordance with Article 4, Section 710 of the Local's Constitution and By-Laws.

Present were Trustees Dave Grant, Grace Baer, and Daniel Carinci. Also present were our Secretary-Treasurer Felicia Gluhareff,who provided the financial records, documents and files necessary for the Audit and our office secretary Karen D'Angelo assist-ed us as needed.

The purpose of the audit is to verify that:

1. The financial statements are substantially and materially correct and verifiable.

2. The local received and deposited all Dues Check Off (DCO) monies received from the APWU Headquarters.

3. All disbursements have been properly authorized as required by the Labor-Management Reporting and Disclosure Actof 1958, as amended (LMRDA).

4. The Local is in compliance with the reporting and disclosure obligations under the LMRDA and the Internal RevenueCode (IRC).

5. All expenditures are supported by adequate documentation and that said expenditures are for the benefit of UnionMembers as a group and do not result in any personal gain or private benefit or recognition that would be detrimental orharmful to our Union.

We reviewed bank drafts and statements for the period of May 2013 through October 2013. We verified the copies of the quar-terly and annual tax returns, payments for the Dues Check Off (DCO's) from the National APWU, the Local's fiduciary bond sta-tus, leases, mortgage records, source documents, bills, receipts, and COPA contribution logs.

We reviewed documents such as the Constitution and By-Laws, minutes of the General Membership meetings, Executive Boardminutes, Labor Organization Annual Reports, and LWOP/Authorized Union Leave records, and previous Trustee Reports fornotations of any recommendations made.

In reviewing the Local Constitution, the most current is dated 2008 and is still valid. No changes or updates were accepted bythe membership.

The quarterly and annual tax reports and Labor Reports are current as well as the annual 990 Report and the LM-3 Reports. Dueto the complexity of the tax forms, a local CPA firm is preparing some of the reports.

Our Local is still facing issues with decreasing membership dues. Our union membership dues are up $188.07 biweekly from ourlast audit, but they are still some down $811.93 from January 2013.

The Trustees suggest the Local's checking account and CD be transferred to Tampa Postal Credit Union. There are no fees onthe checking account and the CD rate is .30% for six months with the credit union verses .25% at our current bank.

It was discovered that the building insurance through Clark and Bell had lapsed due to failure of notification for renewal. Feliciais currently working with the agent to reinstate the insurance.

We wish to thank Felicia Gluhareff and Karen D'Angelo for their cooperation and assistance in locating records and providing uswith the necessary materials to do our audit. We also wish to thank the membership and the Executive Board for their trust inallowing us to serve as your Trustees.

Respectfully,

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8 THE EAGLE’S EYE JANUARY 2014

Your ElectedOfficials

President Barack ObamaWeb Site:

www.whitehouse.govE-mail:

[email protected]: 202-456-1414

Fax: 202-456-2461Capital Address:

1600 Pennsylvania Ave. NWWashington, DC 20500

Senator Bill NelsonWeb Site:

www.billnelson.senate.govE-mail:

[email protected]: 202-224-5274

Fax: 202-228-2183Capital Address:

716 Hart Senate OfficeBuilding

Washington, DC 20510-0905District Office:

Tallahassee, FLDistrict Phone: 850-942-8415

Senator Marco RubioPhone: 202-224-3041

Fax: 202-228-5171Capital Address:

524 Hart Senate OfficeBuilding

Washington, DC 20510-0903District Office:

Tallahassee, FLDistrict Phone: 813-207-0509

Our members live in several dif-ferent districts. For your repre-sentative’s information, go towww.congress.org. Enter yourzip code and the web site doesthe rest. You can e-mail most ofyour representatives at oncewith a click of your mouse atthis web site. Their votingrecords are also available here.Check it out! Let them knowhow you feel, it’s your DUTY!

THE EAGLE’S EYE

EDITORIAL POLICY

The Eagle’s Eye is the official pub-lication of the Southwest FloridaArea Local, APWU, AFL-CIO. Theeditor has the right to determinewhether the material submittedshall be printed, and has the rightto edit as needed. It is the policy ofthis newsletter to disallow anyattacks on individuals. Opinionsexpressed are those of the writers,and not necessarily those of theExecutive Board. The deadline forsubmission of all articles is the dayof the monthly membership meet-ing. You must be an APWU mem-ber to submit an article. Name maybe withheld upon request. All arti-cles may be reprinted with propercredit given. Captions/cartoonsmay only be reprinted upon writtenpermission of the editor.

Southwest Florida Area LocalMembership News

We wish to extend our welcome toall new employees coming onboard at the United States PostalService by inviting you to our nextSWFAL APWU meeting onJanuary 12, 2014, at the UnionHall located at 11000 MetroParkway, Unit 8, in Fort Myers.

Meetings are held once a monthon Sunday at 9:30am. Be united,protect your job and discover themany benefits of becoming amember of the SWFAL APWU.

Join us at our next local meeting- united we can make a positivedifference in our workplaces. Welook forward to seeing you there!

For those of you that haverecently retired who wish tocontinue receiving The Eagle’sEye newspaper, please emailthe Editor at [email protected] call Karen at our SWFALAPWU office at 239-275-1007.

We want to encourage our mem-

bers to email information to theeditor regarding marriages,graduations, special events orachievements of our employees,or their families, [email protected]. We will bepleased to include as manymember announcements as pos-sible.

Hello to all,w i s h i n geveryone ahappy andhealthy NewYear.

We havethree officesthat offer win-dow service.Our O I Cchallenged usto a competi-tion sellingbreast cancer stamps in the monthof October. Each of the officestook it on and did a great job. Weare pleased to report that thePunta Gorda office did take it toanother level.

John Eastman, CatherineBorgese, Rick Ricca, MaureenCascioni, David Moyer, MiriamHalat-Tinsley and myself knewthat we could do it. Each of uswould push these stamps and inthe end it truly paid off.

Our office sold $30,777 dollars ofbreast cancer stamps, whichmade us the Number 1 office in thestate of Florida in breast cancerstamp sales.

Afterwards, we were surprised tolearn that we were the Number 3office in the nation for sellingbreast cancer stamps. We couldnot have accomplished this with-out our distribution clerks, city car-riers, rural carriers and our com-munity who believed in the causeand bought the breast cancerstamps. So, we thank the manypeople who supported our effortand it truly is about team work.

So, Punta Gorda, Florida, is nowon the map for selling breast can-cer stamps. I must say, this is somuch better that being put therebecause of Hurricane Charlie.

AwardWinning

Team

Eileen DiMaseSteward

Punta GordaPort CharlotteSWFAL APWU

provide us with timely or accurateinformation about our jobs.Unfortunately, management willwithold information from our mem-bers, or even provide misinforma-tion. By communicating amongourselves, as we are able to dowith The Eagle’s Eye newspaper,we are all better informed and bet-ter able to protect ourselves andour jobs.

Thanks to all contributors to TheEagle’s Eye over the last year, andlet’s continue working together thisnew year to make the USPS a bet-ter place to work.

Kathy MoyerEditor

During the previous year, TheEagle’s Eye newspaper has hadmany artcles submitted from anumber of members, stewardsand officers of our SWFAL APWU.These large number of contribu-tors help facillitate communicationbetween our many locationsthroughout Southwest Florida.

Making information available to allof our members is one of the mainpurposes of our newspaper. Wework in many locations, somesmall and some large, and TheEagle’s Eye is available to allmembers to provide the latestinformation concerning our jobs.

We cannot rely on management to

The Eagle’s EyeAppreciates All

Contributors