NALC Rap SessionNALC Rap SessionLAS VEGAS, NVLAS VEGAS, NVCAU WorkshopCAU Workshop

April 2009April 2009

NALC Rap SessionNALC Rap SessionLAS VEGAS, NVLAS VEGAS, NVCAU WorkshopCAU Workshop

April 2009April 2009

Welcome to the CAU/City Delivery WorkshopWelcome to the CAU/City Delivery Workshop

You will find in this booklet a collection national level settlements and You will find in this booklet a collection national level settlements and contract administration material achieved since the 2008 Biennial contract administration material achieved since the 2008 Biennial convention in Boston this past summer. The material we will discuss convention in Boston this past summer. The material we will discuss today contains many excellent provisions and strategies to bolster and today contains many excellent provisions and strategies to bolster and strengthen your enforcement of the National Agreement. The strengthen your enforcement of the National Agreement. The Contract Administration Unit, under the direction of William Young, is Contract Administration Unit, under the direction of William Young, is composed of a diverse group of resident officers and staff who handle composed of a diverse group of resident officers and staff who handle grievances and arbitrations at the national level. The CAU team is grievances and arbitrations at the national level. The CAU team is lead by Vice President, Gary Mullins. Other resident officers who bring lead by Vice President, Gary Mullins. Other resident officers who bring a wealth of knowledge and experience and serve the CAU are: a wealth of knowledge and experience and serve the CAU are:

George Mignosi, Assistant Secretary-Treasurer; Dale Hart, Director of George Mignosi, Assistant Secretary-Treasurer; Dale Hart, Director of City Delivery; Brian Hellman, Director of Safety and Health; Ernie City Delivery; Brian Hellman, Director of Safety and Health; Ernie Kirkland, Director of Retired Members; Myra Warren, Director, Mutual Kirkland, Director of Retired Members; Myra Warren, Director, Mutual Benefits Association; Timothy O’Malley, Director of Health Benefits. Benefits Association; Timothy O’Malley, Director of Health Benefits.

Assisting the officers are headquarters staffers; Robert Williams, Alan Assisting the officers are headquarters staffers; Robert Williams, Alan Apfelbaum, Mark Sims, Sue Wellhausen, and Greg DixonApfelbaum, Mark Sims, Sue Wellhausen, and Greg Dixon

Welcome to the CAU/City Delivery WorkshopWelcome to the CAU/City Delivery Workshop

You will find in this booklet a collection national level settlements and You will find in this booklet a collection national level settlements and contract administration material achieved since the 2008 Biennial contract administration material achieved since the 2008 Biennial convention in Boston this past summer. The material we will discuss convention in Boston this past summer. The material we will discuss today contains many excellent provisions and strategies to bolster and today contains many excellent provisions and strategies to bolster and strengthen your enforcement of the National Agreement. The strengthen your enforcement of the National Agreement. The Contract Administration Unit, under the direction of William Young, is Contract Administration Unit, under the direction of William Young, is composed of a diverse group of resident officers and staff who handle composed of a diverse group of resident officers and staff who handle grievances and arbitrations at the national level. The CAU team is grievances and arbitrations at the national level. The CAU team is lead by Vice President, Gary Mullins. Other resident officers who bring lead by Vice President, Gary Mullins. Other resident officers who bring a wealth of knowledge and experience and serve the CAU are: a wealth of knowledge and experience and serve the CAU are:

George Mignosi, Assistant Secretary-Treasurer; Dale Hart, Director of George Mignosi, Assistant Secretary-Treasurer; Dale Hart, Director of City Delivery; Brian Hellman, Director of Safety and Health; Ernie City Delivery; Brian Hellman, Director of Safety and Health; Ernie Kirkland, Director of Retired Members; Myra Warren, Director, Mutual Kirkland, Director of Retired Members; Myra Warren, Director, Mutual Benefits Association; Timothy O’Malley, Director of Health Benefits. Benefits Association; Timothy O’Malley, Director of Health Benefits.

Assisting the officers are headquarters staffers; Robert Williams, Alan Assisting the officers are headquarters staffers; Robert Williams, Alan Apfelbaum, Mark Sims, Sue Wellhausen, and Greg DixonApfelbaum, Mark Sims, Sue Wellhausen, and Greg Dixon

C-28121C-28121C-28121C-28121 C-28121 Article 19 appeal of C-28121 Article 19 appeal of

revisions to ELM 546.21, revisions to ELM 546.21, ComplianceCompliance. NALC contended . NALC contended that Article 13 cannot be utilized that Article 13 cannot be utilized to encompass permanent to encompass permanent reassignments to uniquely reassignments to uniquely created positions in other crafts created positions in other crafts established under ELM 546.established under ELM 546.

C-28121 Article 19 appeal of C-28121 Article 19 appeal of revisions to ELM 546.21, revisions to ELM 546.21, ComplianceCompliance. NALC contended . NALC contended that Article 13 cannot be utilized that Article 13 cannot be utilized to encompass permanent to encompass permanent reassignments to uniquely reassignments to uniquely created positions in other crafts created positions in other crafts established under ELM 546.established under ELM 546.

C-28034C-28034C-28034C-28034 C-28034 Article 19 appeal of C-28034 Article 19 appeal of

revisions to ELM 665.1, revisions to ELM 665.1, General General ExpectationsExpectations. The USPS proposed . The USPS proposed adding new ELM 665.17, adding new ELM 665.17, Reporting Reporting Requirements for Sex OffendersRequirements for Sex Offenders. . NALC and APWU contended that the NALC and APWU contended that the self-reporting requirement of ELM self-reporting requirement of ELM 665.17 violated Articles 19 and 16 of 665.17 violated Articles 19 and 16 of the parties respective CBA.the parties respective CBA.

C-28034 Article 19 appeal of C-28034 Article 19 appeal of revisions to ELM 665.1, revisions to ELM 665.1, General General ExpectationsExpectations. The USPS proposed . The USPS proposed adding new ELM 665.17, adding new ELM 665.17, Reporting Reporting Requirements for Sex OffendersRequirements for Sex Offenders. . NALC and APWU contended that the NALC and APWU contended that the self-reporting requirement of ELM self-reporting requirement of ELM 665.17 violated Articles 19 and 16 of 665.17 violated Articles 19 and 16 of the parties respective CBA.the parties respective CBA.

C-28048C-28048C-28048C-28048 C-28048 regional arbitration C-28048 regional arbitration

challenging the Tonawanda, NY challenging the Tonawanda, NY post office when it pivoted letter post office when it pivoted letter carriers onto other routes by carriers onto other routes by delaying the delivery of non-delaying the delivery of non-preferential mail beyond the preferential mail beyond the Postal Service’s delivery time Postal Service’s delivery time standards.standards.

C-28048 regional arbitration C-28048 regional arbitration challenging the Tonawanda, NY challenging the Tonawanda, NY post office when it pivoted letter post office when it pivoted letter carriers onto other routes by carriers onto other routes by delaying the delivery of non-delaying the delivery of non-preferential mail beyond the preferential mail beyond the Postal Service’s delivery time Postal Service’s delivery time standards.standards.

C-28031C-28031C-28031C-28031 C-28031 regional arbitration C-28031 regional arbitration

challenging the Quincy, MA challenging the Quincy, MA post office when it reassigned post office when it reassigned three (3) full-time regular three (3) full-time regular carriers who were declared carriers who were declared excess to the needs of the excess to the needs of the section while retaining ten (10) section while retaining ten (10) TE’s.TE’s.

C-28031 regional arbitration C-28031 regional arbitration challenging the Quincy, MA challenging the Quincy, MA post office when it reassigned post office when it reassigned three (3) full-time regular three (3) full-time regular carriers who were declared carriers who were declared excess to the needs of the excess to the needs of the section while retaining ten (10) section while retaining ten (10) TE’s.TE’s.

C-27954C-27954C-27954C-27954 C-27954 regional arbitration C-27954 regional arbitration

that the conduct of a super-that the conduct of a super-visor at an Oakland, CA post visor at an Oakland, CA post office violated the Joint office violated the Joint Statement on Violence and Statement on Violence and Behavior in the Workplace.Behavior in the Workplace.

C-27954 regional arbitration C-27954 regional arbitration that the conduct of a super-that the conduct of a super-visor at an Oakland, CA post visor at an Oakland, CA post office violated the Joint office violated the Joint Statement on Violence and Statement on Violence and Behavior in the Workplace.Behavior in the Workplace.

C-27629C-27629C-27629C-27629 C-27629 regional arbitration that the C-27629 regional arbitration that the

Postal Service’s removal of a letter Postal Service’s removal of a letter carrier violated the grievant’s due carrier violated the grievant’s due process rights when the supervisor process rights when the supervisor who signed the disciplinary notice of who signed the disciplinary notice of charges was not actively involved in charges was not actively involved in the investigation, and was guided the investigation, and was guided through the process by the through the process by the concurring postal official.concurring postal official.

C-27629 regional arbitration that the C-27629 regional arbitration that the Postal Service’s removal of a letter Postal Service’s removal of a letter carrier violated the grievant’s due carrier violated the grievant’s due process rights when the supervisor process rights when the supervisor who signed the disciplinary notice of who signed the disciplinary notice of charges was not actively involved in charges was not actively involved in the investigation, and was guided the investigation, and was guided through the process by the through the process by the concurring postal official.concurring postal official.

M-01701M-01701M-01701M-01701 M-01701: Jointly-developed mutual M-01701: Jointly-developed mutual

understanding (42 Questions and understanding (42 Questions and Answers ) of the national parties Answers ) of the national parties on issues related to NALC on issues related to NALC Transitional Employees.Transitional Employees.

Q’s: 14, 15, 25, 26, 35, 37, and 38.Q’s: 14, 15, 25, 26, 35, 37, and 38.

M-01701: Jointly-developed mutual M-01701: Jointly-developed mutual understanding (42 Questions and understanding (42 Questions and Answers ) of the national parties Answers ) of the national parties on issues related to NALC on issues related to NALC Transitional Employees.Transitional Employees.

Q’s: 14, 15, 25, 26, 35, 37, and 38.Q’s: 14, 15, 25, 26, 35, 37, and 38.

M-01687M-01687M-01687M-01687 M-01687: 7/22/02 Memorandum M-01687: 7/22/02 Memorandum

from the DOL regarding the rights from the DOL regarding the rights of reemployed members of the of reemployed members of the uniformed services under the uniformed services under the provisions of the FMLA of 1993, provisions of the FMLA of 1993, and the Uniformed Services and the Uniformed Services Employment and Reemployment Employment and Reemployment Rights Act (USERRA) of 1994.Rights Act (USERRA) of 1994.

M-01687: 7/22/02 Memorandum M-01687: 7/22/02 Memorandum from the DOL regarding the rights from the DOL regarding the rights of reemployed members of the of reemployed members of the uniformed services under the uniformed services under the provisions of the FMLA of 1993, provisions of the FMLA of 1993, and the Uniformed Services and the Uniformed Services Employment and Reemployment Employment and Reemployment Rights Act (USERRA) of 1994.Rights Act (USERRA) of 1994.

M-01688M-01688M-01688M-01688 M-01688: 6/26/08 USPS M-01688: 6/26/08 USPS

notice to NALC regarding notice to NALC regarding eRMS/IVR Fulfillment Center eRMS/IVR Fulfillment Center documentation submitted in documentation submitted in support of leave requests for support of leave requests for FMLA protection.FMLA protection.

M-01688: 6/26/08 USPS M-01688: 6/26/08 USPS notice to NALC regarding notice to NALC regarding eRMS/IVR Fulfillment Center eRMS/IVR Fulfillment Center documentation submitted in documentation submitted in support of leave requests for support of leave requests for FMLA protection.FMLA protection.

M-01691M-01691M-01691M-01691M-01691: 8/18/08 M-01691: 8/18/08 Memorandum Re: Flats Memorandum Re: Flats Sequencing System Sequencing System Work Methods Joint Work Methods Joint Task Force Report.Task Force Report.

M-01691: 8/18/08 M-01691: 8/18/08 Memorandum Re: Flats Memorandum Re: Flats Sequencing System Sequencing System Work Methods Joint Work Methods Joint Task Force Report.Task Force Report.

M-01692M-01692M-01692M-01692M-01692: 8/27/08 M-01692: 8/27/08 Memorandum Re: Five-Memorandum Re: Five-Day Break-In-Service Day Break-In-Service for Transitional for Transitional Employees.Employees.

M-01692: 8/27/08 M-01692: 8/27/08 Memorandum Re: Five-Memorandum Re: Five-Day Break-In-Service Day Break-In-Service for Transitional for Transitional Employees.Employees.

M-01694M-01694M-01694M-01694M-01694: 10/22/08 M-01694: 10/22/08 Memorandum Re: Memorandum Re: Assignment of City Assignment of City Delivery.Delivery.

M-01694: 10/22/08 M-01694: 10/22/08 Memorandum Re: Memorandum Re: Assignment of City Assignment of City Delivery.Delivery.

M-01696M-01696M-01696M-01696M-01696: 10/16/08 M-01696: 10/16/08 letter from Postal letter from Postal Service to NALC Service to NALC regarding employees regarding employees who engage in political who engage in political activities.activities.

M-01696: 10/16/08 M-01696: 10/16/08 letter from Postal letter from Postal Service to NALC Service to NALC regarding employees regarding employees who engage in political who engage in political activities.activities.

M-01697M-01697M-01697M-01697M-01697: 11/24/08 M-01697: 11/24/08 Memorandum Re: Memorandum Re: Approved FSS Work Approved FSS Work Methods.Methods.

M-01697: 11/24/08 M-01697: 11/24/08 Memorandum Re: Memorandum Re: Approved FSS Work Approved FSS Work Methods.Methods.

M-01699M-01699M-01699M-01699 M-01699: 1/7/09 Pre-Arbitration M-01699: 1/7/09 Pre-Arbitration

Agreement whether assigning a Agreement whether assigning a casual employee to work in a casual employee to work in a different installation on a different installation on a temporary basis violates Article temporary basis violates Article 7.1.B of the National 7.1.B of the National Agreement.Agreement.

M-01699: 1/7/09 Pre-Arbitration M-01699: 1/7/09 Pre-Arbitration Agreement whether assigning a Agreement whether assigning a casual employee to work in a casual employee to work in a different installation on a different installation on a temporary basis violates Article temporary basis violates Article 7.1.B of the National 7.1.B of the National Agreement.Agreement.

M-01702M-01702M-01702M-01702 M-01702: 4/7/09 M-01702: 4/7/09 Memorandum Re: Memorandum Re: Modified Interim Alternate Modified Interim Alternate Route Adjustment Process Route Adjustment Process – 2009.– 2009.

M-01702: 4/7/09 M-01702: 4/7/09 Memorandum Re: Memorandum Re: Modified Interim Alternate Modified Interim Alternate Route Adjustment Process Route Adjustment Process – 2009.– 2009.