UNION UPDATE

September 4, 2004

The Union’s National Convention, held in Boston, recently concluded and resulted in amendments to our National and Uniform Local Union Constitutions. These amendments are now in effect and included a decrease in the per capita tax the Local must pay to the National Union. Under the Leadership of National President John Hegarty and Secretary-Treasurer Mark Gardner as well as former President Billy Quinn, since 1992 the National Union has gone from a deficit of more that $600,000.00 to a surplus of more than $ 30 Million. This financial growth has allowed the National to cut the per capita tax the Local Unions must pay for the second convention in a row. Another interesting change to the Constitution restricts members functioning in the capacity of a 204b supervisory position from attending branch meetings. A full report on convention proceedings will be available shortly.

 

      Most of you may have heard the rumor regarding an alleged settlement with the Postal Service on the outstanding “Casuals in Lieu of” grievances. The rumor which began at the Philadelphia P&DC (30th St.) describes a settlement that would pay mail handlers on the ODL $15,000.00, mail handlers not on the ODL a little less, and PTF’s about $7,500.00. The fact is that no agreement has been reached and no settlement signed on these cases. Further, an arbitration hearing on the first of many of these cases will be scheduled shortly. This rumor was borne from an informal discussion between Local President Frank Phillips and Labor Relations Manager Charles Polk during a break in testimony in front of the National Labor Relations Board. This hearing coincidently involved management’s continued failure to provide the required reports on the employment and utilization of casuals. Although this informal discussion may ultimately lead to a settlement, it is my belief that only as we close in on a hearing date will management entertain serious discussion. If not, we are fully prepared to move forward and make our arguments in front of an arbitrator.

 

      Recently the Union posted an update that included information relating to the Article 12 withholding procedures implemented by management. I did receive some feedback on this issue and what I heard was not accurate. As reported when the new Philadelphia P&DC opens in 2006 many of the current employees of that facility may be reassigned to other installations. It is possible for the BMC to get some of these employees, which is why we are currently withholding both mail handler and clerk duty assignments. Apparently it was reported that I was personally responsible for any employee that may be reassigned to this facility and for that employee retaining their seniority. Article 12 of the National Agreement is clear on this and determines whether or not employees retain their seniority.  12.2F and 12.2G provides the language regarding the loss or retention of an employee’s seniority.  G3 requires “When an employee changes from another craft to the Mail handler craft involuntarily, the employee will begin a new period of seniority.” For example, clerks involuntarily reassigned into the Mail Handler craft will begin a new period of seniority. G6 states, “Any Mail Handler involuntarily moving from one postal installation to another postal installation shall have the seniority established as the employee’s time in the mail handler craft.” 

 

      In a related discussion with a Mail Handler Union representative from the P&DC, I was informed that it is unlikely that we will get any reassigned mail handlers here at the BMC. This would mean that the seniority of mail handlers here would not be affected. The opening of the new facility is more than a year away and as postal employees we are all very aware that any impact the new building will have on the BMC may change several times between now and then. We will keep you posted.

 

      Those mail handlers affected by the conversion grievance of 1998 and subsequent settlement have yet to be paid and we continue to process both the grievance and the unfair labor practice charge on your behalf. In a recent meeting, management’s representative was again informed of his misapplication of the settlement. At this point management has not corrected mistakes on 14 of the 34 affected mail handlers.

 

To date this year management has paid mail handlers more than $87,000.00 in grievance settlements.

 

                                                                                    Yours in Solidarity,

                                                                                    John Gibson