The Philadelphia Postal Worker

November/December 2008, Vol. 28 No. 5


  • Play Time is Over (Gwen Ivey)
  • AMC’s Flight is Cancelled (Mark Reeves)
  • Hail to the Chief (Stacey Franklin)
  • Mystery Shopper Program (Eugene Chieffo)
  • Potter Mortgaging His Future? (Drew Stevenson)
  • Philadelphia Daily News Series "Fraud at the Philadelphia P&DC"

    Play Time is Over

    Gwen Ivey,
    President

    I’d like to take a minute to thank all the APWU members who took the time to vote. Now that Barack Obama has been elected, with the help of all of you, things for the middle class should start to improve. Philadelphia unions played a big part in getting Pennsylvania on the right track to where we have to be. So, with that said, don’t think by any means that the fight is over. We have a long way to go to put this country back together again. For that to happen we need to be united, as a whole, to help him help us.

    APWU members, keep your eyes on what we work so hard for, and keep that in your hearts and we will hopefully be back to where we need to be sooner, rather than later now that George Bush is out of office. People we had a hard eight years. I have no doubt it’s going to be a better four years, or longer. There is no better way to say it; I’m pumped, hopeful and optimistic, and just get ready for the wave of change that Barack Obama is ready to put in motion for us.

    Please take this article as a reminder as to how we hold out our hand to help one another because that makes us united. The time we take to talk things out, or rally around each other at work or in daily life, can make us so much stronger. Stay focused, stay positive, and we as a union will get to the top together.

    Right now our economy is as pathetic as postal leadership. Every time I think we have bottomed out on managerial stupidity the vicious animals come up with more ideas that result in nothing more than reduced service to the customer, and pain and suffering for the employees. They say we are reducing costs; instead of hard working employees getting paid for providing better service for the customer we have a management team that is too busy trying to come up with ways to under-handedly get more bonuses for themselves.

    A lot is going on in the postal service. Management is saying we have too many employees so we are under Article 12 for excessing. We are heavily involved with monitoring the movement of employees from the AMC, MOD, P&DC, city stations and associate offices.

    This is a very stressful time for all postal employees. We need to make sure management is doing the right things and is following the contract. We can only make sure they follow the contract with your help. If you see, or think, the postal service may be doing something wrong or illegal, get in touch with the union immediately to report it.

    Your Local will pursue every violation committed by the postal service, be it a contractual violation or a violation of the law. We will not hesitate to shine a light on management when they try to manipulate the mail flow for their own personal gain at the expense of our customers or our employees.

    You see, the biggest mistake the postal service is making in their rush to become more like a privately run business is that we are public servants first and foremost; that our mandate is to provide the best service possible to our customers, not to turn huge profits, or any profit for that matter. Our founding fathers created the postal service not to make money, but to provide a service that would enable every single citizen of this great country of ours to be able to keep in touch with each other and communicate through affordable means. It was never their intent to create a money-making cash cow for the government.

    FMLA Rule Change

    The Department of Labor announced that effective January 16, 2009; it would implement new regulations governing the Family and Medical Leave Act (FMLA). The new regulations will make it harder, not easier, for workers who have covered conditions to utilize the protection provided by the law. It looks like the Bush administration felt the need to give the working class one last kick in the crotch on the way out the door.

    Here is how the changes will affect you; define serious health condition more narrowly; require employees to provide more medical documentation about their conditions and to provide it more often; allow employers to contact an employee’s healthcare providers without the employees’ knowledge or permission; and permit employers to request FMLA recertification every six months in conjunction with an absence, at the employees expense.

    Employers would also have more time before they have to designate leave as FMLA, allowing time for them to be “satisfied” that the information they have received qualifies the employee for FMLA protection. It is obvious to the union that these changes were intended to give employers more discretion over FMLA absences. National APWU President Bill Burrus was quoted as saying, “These onerous new rules are yet another burden the Bush administration is imposing on America’s working families.”

    Because these regulations are being issued so late in President Bush’s term, President-Elect Obama and the new Congress will have an opportunity under the Congressional Review Act to reverse them without being dragged into a long, drawn-out legislative process. Rest assured that the APWU will call upon the Congress and the new president to make overturning these rules a priority.


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    AMC’s Flight is Cancelled

    Mark Reeves,
    Vice President

    On Monday October 6, 2008, AMC management met with the Local to discuss the proposed movement of some of the AMC operations out of the facility. The Local was informed at the meeting that 12 level six mail processing clerk positions assigned to the AMC registry section will be abolished on Friday, October 10, 2008, and that all AMC registry operations would be moved to Philadelphia P&DC, located at 7500 Lindbergh Blvd. with a target date of October 15th or 17th.

    Management informed the Union that 17 level six mail processing clerk positions assigned to the AMC express mail unit would be abolished on October 24, 2008, with all AMC express mail operations to be relocated to the Philadelphia P&DC by their target date of November 3, 2008. The only exception to this is that the express mail acceptance window at the AMC would remain open at this time.

    Management also informed the Union that an additional 48 level six mail processing clerk positions assigned to the AMC sack sorter unit would be abolished on October 24, 2008, with AMC sack sorter operations mail to be absorbed by the ten plants that currently send their mail to the Philadelphia AMC for processing.

    In early October, AMC management and local union officers met with our members on all three tours to discuss these drastic changes. The union is NOT in agreement with management’s decision to move these operations and people from the AMC. Local President Ivey addressed the members at the AMC expressing the struggles that we face, not only here in Philadelphia, but nationally. The postal service, much like the rest of the country, is experiencing huge losses of revenue that appear to be the driving force behind these decisions. President Ivey also solicited the help of the membership in this fight and proposed some of the avenues that we can pursue in an attempt to avert these losses of jobs.

    The union conducted meetings with AMC management at the union hall on October 14, 2008, and again on October 17, 2008, in an effort to ensure management’s compliance with the collective bargaining agreement. The union inquired specifically how, when, and where management planned to move AMC employees affected by management’s decision to abolish AMC jobs. The outcome of our meetings with management generated more questions than answers. Management made every attempt to avoid using the E word, or excessing if you will, in much the same way as if I don’t say it, it’s not happening. When asked if the AMC was closing, the AMC plant manager’s response was, that he was not notified the AMC was closing at this time, however, it was a possibility.

    According to Article 12.5.C.4 of the collective bargaining agreement, “Reassignment Within an Installation of Employees Excess to the Needs of a Section”, paragraph B states – full-time employees, excess to the needs of a section, starting with that employee who is junior in the same craft or occupational group and in the same level assigned in that section, shall be reassigned outside the section but within the same craft or occupational group. They shall retain their seniority and may bid on any existing vacancies for which they are eligible to bid. If they do not bid, they may be assigned in any vacant duty assignment for which there was no senior bidder in the same craft and installation. Their preference is to be considered if more than one such assignment is available.” In this case, the contractual language in the LMOU designates the AMC as the section.

    When management issued the abolishment letters to the affected AMC employees, they failed to notify the union or the affected employees in writing that they were excessed to the needs of the section. Furthermore, they failed to notify the union or the affected employees in writing of their rights/retreat rights. After discussing this error with management corrections were made and amended letters were issued. The union is currently pursuing remedy through the grievance procedure.

    On October 20, 2008 AMC management met with the Local and informed the union that on October 24, 2008, one Electronic Technician and seven Maintenance Mechanics MPE positions assigned to the AMC will be abolished. Management has not discussed the E word or excessing.

    At some point during the week of October 27, 2008 AMC management decided to solicit volunteers, either to go to the P&DC or to stay at the AMC temporarily to perform whatever operations were still there. The union is in total disagreement with this action as it is a violation of the National and Local Agreements. The union did not have an opportunity to meet with AMC management to discuss this matter prior to their solicitation of volunteers.

    On November 3, 2008, the union met with AMC management, the union was informed that the target date for all employees and operations to be out of the building was December 1, 2008, with what was termed a drop dead date of December 31, 2008. These dates were subject to change, by that afternoon when the AMC mail handlers were notified, the target date for all employees and operations to be out of the building would be November 15, 2008 with a drop-dead date of December 7, 2008. On November 5, 2008, the Local was notified by e-mail that the end of AMC operations date had been pushed up to December 7, 2008.

    As you can clearly see upper management, from the Headquarters level to the Eastern Area office, has not put a great deal of thought or foresight into the movement of employees and operations out of the AMC. It looks to me as though this ill-advised plan was concocted with the use of some high-tech management decision-making tools such as a Ouija Board or maybe the Magic Eight Ball, we may never know. I truly believe that the movement of employees and operations from the AMC to the P&DC will have a detrimental impact on mail service that the USPS provides to our customers. What will the solution to that problem be? Maybe upper management will just lower service standards to meet goals that are more attainable and collect those big bonuses.

    I am deeply disturbed at not only the decision to move all employees and operations out of the AMC, but the haste in which these movements are being conducted and the lack of notification to the union and to the employees who these decisions affect. Management is contractually obligated to minimize the impact to employees when abolishing and excessing employees. It would have been nice to have a little more notice, preferably six months.

    As always, the struggle continues.


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    Hail to the Chief

    Stacey Franklin,
    Treasurer

    Hello Brothers and Sisters! Congratulations, we have all joined together to help elect our new Commander-In-Chief, President-Elect Barack Obama! We have high hopes and expectations that we will enjoy an administration of union-friendly policies, and much needed support for our union brothers and sisters, families and friends throughout our country. We look forward to witnessing a more stabilized economy that will potentially allow many people to see some light at the end of a seemingly infinite dismal tunnel.

    These positive changes will not occur overnight, they will take time. Remember, the decline of our economy, the anti-union policies, and a basic disregard for the average citizen’s well-being did not happen overnight; it was an ongoing process that took place over the last eight years. However, if we think positive, continue our support and give this new administration a chance, I believe that positive things will happen.

    President-elect Obama has made a vow that his administration’s top priority will be to stabilize our economy. He has stated that he will investigate the possibility of issuing stimulus checks and extend unemployment benefits. The current unemployment rate is 6.5% nationally, the highest rate since March of 1994. The Department of Labor reported that just in the month of October, 240,000 people lost their jobs. Unfortunately, not all workers have protection against unwarranted termination or layoffs like members of the APWU. He also stated that he will help families avoid foreclosures, aid state and municipal governments and the auto industry. Political analysts are in agreement that President-Elect Obama’s choice of Secretary of the Treasury will be one of the most important appointments to his cabinet to move this economy forward.

    Local Financial News

    As of the first of November, Commerce Bank merged with TD Banknorth. All branches in the tri-state area, New Jersey, Pennsylvania, and Delaware, will be renamed TD Bank. The union has an account with Commerce Bank, and it will not be affected by this change or will any other customer that may have a personal account with either Commerce or TD Banknorth. TD Bank stated that Commerce’s extended hours will continue, and customers can continue using their same debit, ATM cards and checks. I am also happy to report there will be no job losses due to this merger.

    Philadelphia’s Mayor, Michael Nutter, has announced that there will be some changes during his next five-year fiscal plan. The plan calls for eliminating limited residential street cleaning, snow removal on smaller streets, dedicated leaf and tire collection, salary cuts, reducing overtime, eliminating five fire companies and two ladders, closing eleven libraries and the elimination of Sunday hours at three regional libraries, and delaying the business and wage tax reduction.

    As I reported in my last article, the city wage tax for residents was reduced to 3.98% on July 1, 2008, and for nonresidents it was reduced to 3.5392%. By the year 2013, the new city wage tax rates would have been 3.6% for residents and 3.25% for nonresidents, but under the new plan this tax reduction has been pushed back to 2015. These changes will negatively affect residents of Philadelphia in numerous ways; for instance, if Philadelphia receives a significant accumulation of snow at one time this winter, and the removal of snow on smaller streets is eliminated, that will create great difficulty and safety issues for many residents and school children that are trying to get to work or school.

    If you or a family member or friend, own or occupy a home in Philadelphia, and that home is in need of repairs or improvements, you may qualify for a loan from the Philadelphia Home Improvement Loan (PHIL). There is no equity or appraisal requirement, so you could qualify even if you recently purchased your home. They have expanded income guidelines and have fixed interest rates of 3 – 5 %. The interest may be tax deductible, and the maximum borrowing amount is $25,000. There are no application or recording fees, no points, and they offer terms of up to 20 years. For more information on this program go to the city of Philadelphia’s website (www.phila.gov).

    APWU Scholarship Program

    The 2009 APWU Scholarship is now available. The APWU awards 10 scholarships each year, five academic scholarships and five vocational scholarships, to the children and grandchildren of APWU members.

    The E.C. Hallbeck Memorial Scholarship awards recipients $4,000 towards tuition to a four-year college. The Vocational Scholarship awards recipients up to $3,000 towards certification for specialized training. The scholarships are open only to high school seniors. The deadline for submission of applications is March 16, 2009. If you are interested in receiving a scholarship package please contact the union representative in your work area, or the union hall, and a package will be mailed to you.

    Besides the APWU scholarship there are additional scholarship opportunities provided by the Union Plus Organization. To receive more information go to their web site (www.unionplus.org). All applications for the Union Plus scholarship must be postmarked by January 31, 2009. The Pennsylvania AFL-CIO also offers scholarships for graduating high school seniors, students attending an accredited post-secondary institution, and affiliated union members attending an accredited institution. All applications for the Pennsylvania AFL-CIO Scholarship must be postmarked by January 31, 2009. To receive more information go to their web site (www.paaflcio.org). All three of these scholarship opportunities are available to you because as a member of the APWU you are an advocate of unionism.

    Other News

    I recently had the honor and pleasure of attending Secretary Treasurer training in Milwaukee, Wisconsin. I was very pleased and excited about the information that I learned. I had the opportunity to personally talk to our National Secretary Treasurer, Terry Stapleton, and other very experienced and knowledgeable personnel from his staff, and I can assure you that I was an apt student who took plenty of notes. I came away from the training with the hope that I’ll be able to create new ways to strengthen our Local’s finances.

    Also, on the last day of class I couldn’t resist informing everyone that I was from the city of the 2008 World Series Champion Philadelphia Phillies. That announcement generated great applause, and a few grumbles too, but I informed the grumblers that when their city wins the World Series they can give me a call and enjoy bragging rights.

    Additionally, our union has started renting our meeting room space for various social events. This is a great opportunity for our union to generate revenue, and provide a service to our members at a reduced cost. APWU members receive a special discount, and other unions that are also affiliated with the AFL-CIO, also receive a discount. Non-members may still rent out the hall, but they will not receive a discounted rental rate. If you, or someone you know, is in need of a hall for an upcoming event please consider our facility. For more information, or to reserve a date, please contact the Treasurer’s office.

    I hope that everyone has a happy, healthy, and safe holiday season. In solidarity!


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    Mystery Shopper Program

    Eugene Chieffo,
    Director of Industrial Relations

    On September 15, 2008, the APWU and the USPS resolved a national level grievance on the Mystery Shopper Program. The agreement settles a Step 4 dispute filed in 2007, which challenged management’s policy of issuing discipline to employees as a result of programs that are similar to, but not technically part of, the ‘Mystery Shopper Program.’ The parties agreed that evaluations generated through the Mystery Shopper, or similar programs, shall not be used as the basis for discipline”. However, employees must follow the instructions of their supervisors and may be subjected to discipline based on independent personal observations of their supervisor. Employees cannot be issued discipline based on a hearsay evaluation of a mystery shopper or similar third party.

    What the Mystery Shopper is, basically, is an undercover agent for the postal service who acts like a customer who would then report to the postal service on the level of customer service they received. The report is based on the knowledge of the clerk, did the clerk try to up-sell postal products, as well as how clean the lobby area is and things of that nature.

    NDAA Amends the FMLA

    On January 28, President Bush signed into law the National Defense Authorization Act (NDAA), Public Law 110-181. The NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service.

    One: a new qualifying reason for leave. Eligible employees are entitled to up to 12 weeks of leave because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining “any qualifying exigency.” In the interim, employers are encouraged to provide this type of leave to qualifying employees.

    Two: new leave entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This provision became effective immediately upon enactment. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.


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    Potter Mortgaging His Future?

    Drew Stevenson,
    Editor

    Postmaster General John E. Potter is under investigation for a $322,700 mortgage loan he received from Countrywide Financial Corporation. The investigation is centering on whether or not the deal he received, which consisted of one shaved point and a waiver of fees, was improper.

    According to an Associated Press (AP) article the chairman of the postal service Board of Governors, Alan Kessler said, “We’re taking it seriously enough that we wanted it reviewed and we didn’t want it done internally.” The postal service has hired an outside investigator to review the deal. When asked about the cost of the investigation Kessler gave no figures, but said, “something like this is serious enough where I don’t want someone to do a cut-rate investigation,” and “we want a professional review.” He could not give a timetable on how long the investigation would last.

    Abbe Lowell, a Washington attorney, was hired to run the investigation for the postal service. He is a defense attorney who has worked high-profile cases in the city before.

    Postmaster Potter is only one of several current and former U.S. officials that were the beneficiaries of discounts and other benefits from Countrywide, one of the leading subprime mortgage lenders in the country. Subprime mortgages are at the very heart of not only the current mortgage crisis, but the financial problems of the U.S. in general.

    Two Tour Initiative

    The APWU learned, from information provided by state and local presidents, that there is a move afoot to consolidate mail processing operations into two work tours across the country. This would basically lead to the elimination of day work hours (Tour 2.)

    National APWU President Bill Burrus wrote to the postal service, and noted the union had not been informed of the program. He also stated that the unilateral implementation of such a program would be in violation of our National Agreement. President Burrus requested all pertinent information and documentation regarding the program and requested a meeting with management officials knowledgeable of the plan.

    President Burrus recently received a written response to his inquiry which denied that the postal service is “considering or is in the process of implementing a nationwide program establishing a two-tour operation, which is intended to eliminate or greatly reduce Tour 2 assignments, operations, and staffing.”

    Management wrote, “While the Postal Service is reviewing various options designed to improve operational efficiencies in light of decreased mail volume, the Postal Service has not implemented the nationwide program you suggest. Rather, operations will be reviewed on a site-by-site basis and any action taken to improve operational efficiencies will be based on local circumstances.”

    In light of the fact that APWU Locals throughout the country are being notified that their processing facilities will be subjected to what is being called “Tour Compression,” a fancy way of saying they are going to two work tours, the National APWU has filed an unfair labor practice charge over the elimination of Tour 2 with the Department of Labor.

    The APWU has requested immediate, injunctive relief, asserting that without such relief the initiative would be completed before the board would be able to address the charge. “Injunctive relief requiring the Postal Service to provide information and to bargain is needed now,” the complaint says.

    Uniform Allowance

    APWU-represented employees are eligible for a 2.5 percent increase in uniform and work clothes allowances effective on their “allowance anniversary dates” beginning Nov. 21, in accordance with the 2006-2010 Collective Bargaining Agreement. Increases also were allotted in 2006 and 2007; under the terms of the contract an additional increase will be awarded in 2009.

    Employees who are eligible for Type 1 uniforms (first-year amount) will receive an allowance of $466 per year; employees eligible for Type 2 uniforms (first-year amount) will receive an allowance of $173.

    Employees who are no longer eligible for a first-year allowance for Type 1 uniforms will receive an allowance of $362; employees who aren't eligible for a first-year allowance for Type 2 uniforms receive an allowance of $156.

    Employees who are eligible to participate in the work clothes program will receive an allowance of $73, an increase from $71. For contract uniforms for eligible custodial maintenance employees the allowance is $140, up from $137; for eligible vehicle maintenance employees the allowance is $177, up from $172.


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