The PMG’s Trumpeted Attack – Forewarned is Forearmed

The Postmaster General’s Federal Register announcement makes management’s intent to impose more consolidations and cuts crystal clear. Even if we succeed in our legislative efforts, the USPS Board of Governors will plow ahead with their strategic initiatives to “rationalize” the network and streamline the workforce. The next wave of consolidated attack is slated for January 2015. So we MUST PREPARE!

Principles of Reassignment

Regional Coordinators Sharyn Stone, John Dirzius, Mike Gallagher, Kennith Beasley and I wish to thank those delegates who attended the pre-convention workshop on Article 12 of the Collective Bargaining Agreement (CBA). However, we are concerned there were so many empty seats, given what we face.

Here are some highlights of issues and local preparation:

The Primary Principle effecting reassignments (Article 12) will be that dislocation and inconvenience to employees in the regular workforce shall be kept to a minimum, consistent with the needs of the service.

The Employer has the right to assign employees to positions and to determine the methods, means and personnel by which operations are to be conducted. This right is NOT absolute. Many of management’s rights (Article 3) are limited by contractual provisions, applicable laws and regulations.

Timeline Begins with the issuance of Withholding Notice and the Automated Impact Report (AIR). Such notice triggers the “attrition” count, which locals must police. Locals must review the AIR for hour comparisons and complement inaccuracies and report them to the region. Locals need to review their Local Memorandums of Understanding (LMOUs), operations, staffing, unassigned rosters, steward certification, light-duty lists and seniority lists. Discrepancies must be challenged and reported to the region.

Locals Must Communicate with their membership via special bulletins, postings, mailings, special membership meetings and work-floor canvassing. Members need to know the big picture on privatization, “rationalization” and principles of seniority and reassignment.

The Region/Area meeting is held no less than 90 days prior to the involuntary reassignment of employees. Matters discussed include reasons for excessing, required reducible hours, Non-Traditional Full-Time (NTFT) schedules, AIR discrepancies, withheld assignments, cobbling hours, eReassign timetables, preferencing, etc.

Local/ District meetings should follow, where the particular local impacts are discussed. Locals should report management resistance. (See Joint Contract Interpretation Manual [JCIM], page 98.) At a minimum locals must request:

• Copies of proposed and actual excessing letters. Review CBA language for quantity and quality of information, especially on seniority and retreat rights.
• Timelines for the implementation of the webCCM Article 12 application of local and employee notice, eReassign notice, volunteer solicitations, preferencing and reassignment notices. If refused, file grievances and Unfair Labor Practice charges as necessary. Report issues to the region.
• Seniority lists for all crafts, sections and offices within the installation, along with list of unassigned regulars. Check for discrepancies and challenge. If not resolved, prepare appeals and report to region.
• Apply attrition to reduce the number of employees impacted. This includes the process of soliciting senior volunteers in lieu of juniors. If numbers are not reduced, prepare an appeal and notify the region.
• Determine impacted junior employees with NTFT schedules. A ruling by Arbitrator Dennis Nolan prohibits NTFT-scheduled employees from being reassigned to the Letter Carrier Craft. If management abolishes the NTFT schedule and imposes a 40-hour workweek, file grievances to ensure the posting and filling of the full-time position. Contact the region for more direction.
• Determine the medical suitability of impacted employees. Secure documentation to show employees who cannot perform carrier work. Determine if the remaining facility will become a Hub and how it will be staffed.
• Review all CBA articles to determine violations of specific provisions (e.g. Article 1, supervisors doing craft work; Article 2 and 13, sweetheart deals or refusal to accommodate; Article 7, improper retention of PSEs, crossing crafts; Article 8, abolishment of assignments without diminution of work or improper split work weeks violating LMOUs, etc.)
• Review details by management using Article 7.2.B. Details require advance notice and seniority applies. Management must show there is insufficient work at the losing installation or exceptionally heavy work in the gaining installation. (The burden of proof may shift.) The EL 312 Handbook limits details to a certain period and minimum qualifications must be met. Section 434 of the Employee and Labor Relations Manual (ELM) requires out-of-schedule pay. ELM 438 outlines travel-time payments. Mileage must also be paid. Locals must communicate on this issue and ensure members are properly paid.

Other Issues

There are many more matters. Let me highlight a few:

• Super Seniority is a sensitive issue and often misunderstood. Update the certification list before the impact. Educate members on representational needs.
• eReassign needs monitoring, applying attrition. Educate members on the system. Challenge errors or system failures asap.
• PSE Utilization becomes a sensitive issue. Remember, PSEs are not the enemy. Educate regulars and PSEs on contractual requirements. To lessen the impact, PSE hours must be reduced BEFORE excessing and ONLY if such reductions yield sufficient hours for a regular-duty assignment. (See JCIM, page 105.) Locals should request PSE Utilization Reports and PSE Cap vs Hire Reports to chart hours.
• Preferencing if there is more than one residual vacancy requires the senior of the junior impacted employees be given his/her first choice. Employees are entitled to 10 working days to express a preference. This process must be closely monitored.
• Craft distinctions exist. Check the craft articles that trump Article 12. Read the JCIM!
• Comparative Work Hours showing hours 30 days before and 30 days after excessing are due 45 days after the event. If hours increased, retreat rights could be triggered and grieved if they are not granted. Employees must submit Retreat Right Requests before being excessed.

We will have major work-floor disruptions caused by the PMG’s quest to dismantle the Postal Service of the people on the pretext of saving it. We are in this fight together and must work together. And so I acknowledge officers who responded to my call for input: National Business Agents Merow, Gerhart, Locke, Pittman, Dunn; Officers Balogun and Piñeres and union brothers Coradi, Zimmerman, Melon, Kehlert for always lending this region a hand. God Bless APWU.