In a complaint issued Feb. 25, Region 5 of the National Labor Relations Board found merit in APWU charges that the Postal Service has improperly refused to provide the union with information about its agreement with Staples. [NLRB decision-PDF]   The pilot program has placed postal counters in 82 Staples stores — staffed with Staples employees rather than postal workers. A hearing before an Administrative Law Judge has been set for March 31.

Region 5 of the National Labor Relations Board (NLRB) has also recommended that the board seek an injunction in federal court to compel the USPS to provide the requested information to the APWU.

The decision to recommend an injunction is extremely rare, according to the union’s attorneys. Violations carry heavy penalties for management officials who fail to comply, up to and including incarceration.

APWU President Mark Dimondstein applauded the ruling. “This is an important victory for the APWU and for postal customers. The Staples deal is a brazen attempt to privatize postal retail services and it has been shrouded in secrecy,” he said.

“Postal officials seem to forget that the Postal Service belongs to the people,” Dimondstein said. “We intend to keep reminding them.”

The union president said getting the complaint issued was a group effort. “Special thanks go to Clerk Craft Director Clint Burelson and Assistant Director Lamont Brooks for all their work toward that goal.”

The information in dispute includes:

• Measures to protect the sanctity of the mail;
• Training of Staples employees;
• Criteria for determining any Postal Service compensation to Staples;
• Discounts, if any, to be offered by Staples, and
• Cost analyses of the Staples project.

The APWU is demanding that postal employees staff the postal counters at Staples stores. If Staples refuses, the union plans to ask Staples customers to take their business elsewhere. Postal management, on the other hand, plans to expand the program to Staples’ 1,600 stores across the country.

The union submitted an extensive set of questions about the pilot program to postal management in November, shortly after the deal was announced. In January, management brushed off the request, claiming that the Staples project was a pilot that was not covered by the Collective Bargaining Agreement. The APWU has filed a national-level dispute over the Postal Service’s contract violations.

Arbitrator Dennis R. Nolan has ruled that APWU members holding Non-Traditional Full-Time (NTFT) assignments may not be excessed into full-time positions in the Letter Carrier Craft if they don’t meet the definition of full-time employees specified in the Postal Service’s contract with the National Association of Letter Carriers (NALC).

In a decision [PDF] issued Feb. 16, Nolan ruled that an employee holding a 30-hour per week duty assignment in the Clerk Craft is not considered a full-time employee within the meaning of the NALC Collective Bargaining Agreement and therefore may not be excessed into a full-time Letter Carrier position withheld for excess full-time employees. Arbitrator Nolan concluded that the contract of the “gaining” union in excessing situations controls the determination of how the position may be filled.

Arbitrator Nolan also concluded that all employees occupying NTFT duty assignments are full-time employees under the APWU National Agreement. This means that any employee in a NTFT duty assignment who is identified as impacted for excessing by virtue of his or her seniority standing may only be excessed into a full-time career position.

The APWU intervened in the NALC arbitration case to protect the interests of APWU members and the integrity of APWU Collective Bargaining Agreement. Arbitrator Nolan did that by affirming that, “The APWU is indisputably correct that its agreements, and arbitral authority under them, treat NTFT clerks as full-time employees entitled to all the protections of that classification.” Furthermore, he wrote, “An employer cannot reasonably promise contradictory things to different unions… If the Postal Service does negotiate conflicting agreements, either intentionally or (more likely) by accident and oversight, it is stuck with the result.”

The National Postal Mail Handlers Union (NPMHU) also intervened in the case, noting that the NPMHU National Agreement has the same definition of “full-time” as the NALC National Agreement.

APWU President Mark Dimondstein and Director of Industrial Relations Tony McKinnon are in discussions with our sister unions and the Postal Service on the implementation and effect of this award on involuntary reassignments.

APWU Web News Article #036-14, Feb. 27, 2014

The USPS has declared war on custodial staffing — again — reports Maintenance Craft Director Steve Raymer. Management notified the APWU on Jan. 22 of an attempt to modify the MS-47 Handbook, which establishes guidelines for housekeeping and determines the number of custodians that will be assigned to facilities.

National Maintenance Craft officers are urging locals to prepare to defend proper staffing.

The Jan. 22 notification is the latest in a protracted battle that has raged since 2001, when the USPS sought to make extensive changes to the handbook. In 2006, Arbitrator Shyam Das sustained the union’s grievance and directed the Postal Service to reinstate the previous version of the MS-47 Handbook, which was issued in 1983

The Jan. 22 notice informed the APWU of changes to the handbook based on a pilot program that was initiated a year earlier in three locations — Salt Lake City, UT; Columbus, OH, and Zanesville, OH. The trial program was devised by ManageMen, a USPS consulting group, and has been referred to by various names, including OS-1 or Team Cleaning.

The Postal Service initially advised the APWU that the pilot would test new methods, equipment and supplies, with the expectation that the program would result in a cleaner, healthier work site; improve efficiency due to better supply management, and improve esprit de corps amongst our custodial ranks.

“These all seem to be commendable goals, which do not, on the surface, target staffing levels or employees,” Raymer said. The Postal Service also provided assurances, when asked by the APWU, that where the program required additional work hours to accomplish a task that such additional time would be counted, he said.

The USPS has not provided a schedule for implementation of the program, Raymer said, but it cannot begin until at least 60 days after the union was notified.

“If your local has not yet acquired the current custodial staffing package (Forms 4852, 4869 and 4839) for your installation, we encourage you to obtain them in electronic format only,” he said.

“The job you protect could very well be your own!”

(Excerpt from the March-April 2014 edition of The American Postal Worker.)

Stop Staples’ Campaign Gets Off to a Strong Start The ‘Stop Staples’ campaign got off to a strong start in January and February, and preparations are underway to keep the pressure on. In mid-January, hundreds of locals and retiree chapters sent delegations to Staples stores across the country to deliver letters of protest to store managers. The visits were intended to put Staples management on notice that postal workers are serious about the campaign to win the jobs for postal employees. [read more]

Many APWU members have asked, “What makes the Staples program so important? How is it different from the other programs that outsource postal retail functions – the grocery stores that sell stamps and the Village Post Offices in hardware stores and gas stations in small towns?”

“The difference is the scale,” said Clerk Craft Director Clint Burleson. “We’re not happy about Village Post Offices or grocery stores selling stamps, either,” he said. “But Staples is a national chain with 1,600 stores. And the Staples postal units are performing many of the functions our retail clerks perform.

The USPS Five-Year Business Plan dated April 2013 reports that 40 percent of retail operations are provided through “alternative access,” including personal computers, stamps-only sales at grocery stores and other outlets, Burelson pointed out.

“Contract Postal Units account for less than 2 percent of retail revenue,” he noted. “But if the Staples plan takes hold, it would be another major step toward full-scale privatization of retail operations.”

And the Five-Year Business Plan states management’s goals for retail operations. Among them: “Increase alternate access retail revenue from 40 percent to 60 percent.”

APWU Web News Article #034-14, Feb. 21, 2014

In a filing with the Postal Regulatory Commission on Feb. 20, the APWU strenuously opposed a USPS proposal to reduce service standards for Standard Mail. The USPS has asked the Commission for an advisory opinion on the proposal, which the USPS claims would alleviate a problem with heavy workloads on Monday by permitting delivery on Tuesday of Standard Mail that now is due to be delivered on Monday.

In its Brief to the PRC, APWU points out that this is another in a series of USPS cuts in service that cannot be justified by cost savings. The changes will cut service and force mailers to incur more costs, a pattern that has repeated itself as USPS has closed mail processing facilities. The APWU also pointed out that USPS has made no effort to justify the proposed service cuts by proving that USPS will save money.

The Postal Service has argued that the so-called “load levelling” effect of the proposed changes would make it possible for letter carriers to finish their routes earlier than they now do on Mondays. The AWPU has been critical of the USPS for causing letter carriers to be out late, often making deliveries after dark, because of previous facility closures and service cuts by USPS. Large mailers and mailer organizations also have been critical of the proposed service reductions.

APWU President Mark Dimondstein said, “It is ironic that the Postal Service is trying to justify more service cuts by referring to the problem of late carrier deliveries — a problem USPS caused by previous service cuts. There is no justification for these proposed cuts. The Postal Service cannot cut its way to financial health. It must expand and enhance service, not cut it.”

APWU Web News Article #031-14, Feb. 19, 2014

More than 150 union members braved sub-zero degree winds on Feb. 17 to deliver an icy greeting to U.S. Rep. Darrell Issa, the author of legislation (H.R. 2748) that would lead to the demise of the Postal Service.

Issa (R-CA) was in New Hampshire to deliver the keynote speech to Republican donors at the New Hampshire GOP’s President’s Day fundraiser.

Chanting “the U.S. Postal Service is not for sale,” more than 150 members of the APWU and other postal unions picketed Issa’s appearance at Grappone Convention Center in Concord. They were joined by union teachers, carpenters, members of the Alliance for Retired Americans, and other labor and civic activists.

APWU members traveled from all across New England to participate, and the big turnout made the rally “a huge success,”said Manchester Area Local President Dana Coletti.

“It was  great to see so many APWU people turn out despite the weather,” he said “and to see so many others join us in solidarity.

“We had enough participation,” he added “that were able to create a second picket line to cover another entrance to the facility.”

[back to top]

Ten months after the APWU won an arbitration case protesting violations of the Collective Bargaining Agreement, the USPS has provided the APWU with documentation — thousands and thousands of pages of documentation — necessary to determine the remedy, announced Director of Industrial Relations Tony McKinnon Sr.

The documentation is in reference to violations of the “Global Settlement,” [PDF] which limits the number of hours managerial personnel may perform window duties in small offices. The Global Settlement was negotiated as part of the 2010-2015 Collective Bargaining Agreement.

Last year the union won two national-level arbitration cases regarding managerial personnel working in excess of the number of hours proscribed in the contract. The first dispute involved which hours should be counted. In March 2013, Arbitrator Shyam Das upheld the APWU’s position [article | ruling-PDF], ruling that all time postmasters or supervisors spend staffing a window must be counted toward the limits, and, in the absence of a clerk, all time a window is open must be counted.

Following the March award, the APWU and management discussed the appropriate remedy for the violations, in accordance with Arbitrator Das’ instructions, but were unable to reach agreement. They returned to him to settle the matter.

At hearings in October 2013, the USPS argued against any retroactive monetary award, claiming that no actual contract violations had been established and asserting that any remedy should be applied only to violations that occurred after the March ruling.

Once again, Arbitrator Das rejected management’s position [article | ruling-PDF], and, in accordance with the union’s request, Das instructed management to provide the APWU with documentation within 90 days.

When the 90-day period ended on Jan. 19, 2014, the USPS supplied the documentation.

Now the APWU must meet with the Postal Service to ascertain how management developed the figures the USPS provided, review the documentation, verify its accuracy, and calculate appropriate monetary remedies.

McKinnon has appointed Chris Ulmer, executive assistant to the Industrial Relations director, as the point the person for this project. We will provide updates as additional information becomes available.

APWU Web News Article #029-14, Feb. 14, 2014

Playing a protracted game of hide-and-seek, the USPS and Staples are refusing to come clean about the pilot program that outsources postal retail work to the office-supply chain.

The USPS brushed off the union’s Nov. 22, 2013, 27-point request for information, claiming most of the requests were “overly broad” in scope, “unduly burdensome” or that the information sought was of a “proprietary and/or confidential nature.”

On some matters the Postal Service also said the union must first “explain the relevance” of the requested information to the union’s responsibility. Much of the information the USPS did provide was redacted.

The union challenged the Postal Service’s response, and has filed an Unfair Labor Practice charge with the National Labor Relations.

“We have a right to this information,” APWU President Mark Dimondstein said, “and we are going after it. But make no mistake: We are not going to win this fight by filing charges or submitting grievances.

“We will only win if the members of the APWU and people of the country are willing to fight for a vibrant, public Postal Service.”

Staples Too

Postal workers also got the brush-off from Staples’ corporate headquarters.

In a Nov. 25 letter to Staples CEO Ron Sargent, the union president said, “The APWU supports expanding postal services to the people of this country and under the right circumstances we could support this program.

“However, we have some serious concerns that need to be discussed and addressed.” Dimondstein offered to meet in Washington or at a mutually agreeable date at the Staples headquarters, but the CEO refused.

“As a matter of policy,” the company responded, “Staples does not discuss the terms of vendor agreements with third parties. Given this policy, we think it is appropriate for you to discuss your concerns directly with the U.S. Postal Service.”

Union members who wrote to Staples got a similar response.

What are they trying to hide?

APWU Web News Article #026-14, Feb 8, 2014

The Postal Service’s financial report for the first quarter of Fiscal Year 2014 shows the agency enjoyed an operating surplus of $765 million. But the agency’s good news was buried in most media accounts, which said the USPS suffered a loss of $354 million loss.

“The USPS reported losses for the first quarter of 2014 for one reason — the congressional mandate that requires the Postal Service to pre-fund healthcare benefits for future retirees.” said APWU President Mark Dimondstein. No other government agency or private company faces such a requirement.

“The USPS is suffering from a manufactured crisis,” Dimondstein said. “Privatizers have used the ginned-up crisis to undermine a great national treasure. They’ve been closing mail processing plants, outsourcing retail operations, threatening to eliminate six-day delivery and generally harming service.”

Fredric Rolando, president of the National Association of Letter Carriers, said the first-quarter report “show why the postal network must be maintained and strengthened, not degraded.”
The operating surplus for the first quarter of Fiscal Year 2014 continues a trend that began last year. The USPS showed an operating surplus of $100 million for the first quarter of Fiscal Year 2013.

“These trends augur well for the future, because they reflect the opportunities increasingly presented by the Internet and by an improving economy,” Rolando said. Package revenue increased by more than 14 percent during the quarter, due to online shopping.

“The solution to the postal crisis is clear,” Dimondstein said. “Congress must eliminate the pre-funding requirement and allow the USPS to enhance service.”

Click here for the USPS Presentation on Finanical Report

APWU Web News Article #023-14, Feb. 6, 2014

The Senate Committee on Homeland Security and Governmental Affairs approved an amended version of a postal bill (S. 1486) that faces vehement opposition from the four postal unions. The committee with oversight responsibility for the Postal Service passed the measure by a vote of 9-1 on Feb. 6.

“This was a bad bill that was made worse by the ‘substitute’ version that was introduced last week,” said APWU Legislative and Political Director John Marcotte. “Today the committee amended the bill around the edges but gave no relief to workers and no long-term assurances to the American people about their mail service.”

The bill, which was introduced by Sen. Tom Carper (D-DE) and Sen. Tom Coburn (R-OK), would:

• Threaten 100,000 full- and part-time postal jobs;
• Lead to pension cuts;
• Weaken workers’ position in upcoming contract negotiations;
• Require the USPS to pre-fund workers’ compensation by $17 billion, further strangling USPS finances;
• Permit the USPS to close and consolidate mail processing facilities after two years;
• Allow the Postal Service to further reduce service and delivery standards;
• Eliminate Saturday delivery after 2017;
• Eliminate door-to-door mail delivery for new businesses and households, and
• Expose injured workers to impoverishment once they reach retirement age.

Voting in favor of the bill were: Sen. Carper, Sen. Carl Levin (D-MI), Sen. Mark Pryor (D-AR), Sen. Claire McCaskill (D-MO), Sen. Mark Begich (D-AK), Sen. Tammy Baldwin (D-WI), Sen. Heidi Heitkamp (D-ND), Sen. Coburn, Sen. John McCain (R-AZ), Sen. Ron Johnson (R-WI), Sen. Michael Enzi (R-WY) and Sen. Kelly Ayotte (R-NH).

Sen. Jon Tester (D-MT) was the lone recorded no vote. Others who voted no by proxy were: Sen. Mary Landrieu (D-LA), Sen. Tammy Baldwin (D-WI), Sen. Rob Portman (R-OH) and Sen. Rand Paul(R-KY). Proxy votes were not recorded.

Amendments adopted on Feb. 6 would:

• Allow firearms in postal parking lots, provided there is no conflict with state and local regulations;
• Permit the Postal Regulatory Commission to overturn plant closures, and
• Postpone plant closures and changes to service standards until one year after the Comptroller General issues a report on USPS compliance with service standards.

“This disastrous bill would severely damage service to the people; weaken the USPS and make it ripe for privatization, and destroy good jobs throughout the country,” said APWU President Mark Dimondstein. “The APWU urges senators to vote against the bill if and when it is brought to the Senate floor for consideration.”