PRESIDENT'S MARCH NEWSLETTER ARTICLE MARCH 2000 Good Faith / Bad Faith Over the country we see an appalling pattern intensifying. The Postal Service is refusing to honor arbitration award after arbitration award. Unions are having to take them to court, but since the other party has deeper pockets, why should they care? The law means nothing to them, just their bottom line and bonuses. In Fargo, North Dakota, it took nearly 15 years to see a resolution to the Automation Level 4 / 5 grievance. Yet, the Postal Service refused to honor the arb award and postponed paying the clerks for 18 months while they contrived delay tactic after delay tactic. What an example of integrity and honesty they set for employees! Another unfortunate factor, management never listens. As a union, we have given signal after signal, talk after talk, concerning preventative measures needed to be taken, equipment needed, jobs needing to be posted, cross-craft violations, and programs implemented to safeguard our people. It's like howling at the moon! I can't think of a thing that they've acted upon (except to impose more petty, meaningless directives). Does it take a fatal accident on the corner of Morningside and 15th to wake them up? Management has been encouraged to strongly solicit the state and city governments to install a signal light or at least get the ball rolling by conducting engineering surveys, etc. Already one postal employee has been injured in an accident there. How many more will it take? The signal light issue has been brought up at three labor-management meetings since 1998, but where is the light? As stated, I don't expect to see a signal light until someone else dies or a mail truck gets squashed scattering letters all over the pavement; that's how much faith I have in them. Safety first? Huh! Money first! It seems their concern lies with their own hides and not with the employees. Thus they initiate motivational programs for safety issues for the sole purpose of shoring up their accident loss reports (i.e., the basis of bonuses). You can be assured it is not out of concern for employees! (If they were so concerned with the employee, they wouldn't issue discipline for carpal tunnel or some other work-related injury, would they? If they were concerned for our safety, they wouldn't threaten us with AWOL when a blizzard hits, the highways are closed, and the governor declares a state of emergency, would they?) For a spell they may give employees token opportunities of input to improve the work and working conditions. But you can be assured it's only temporary and a knee-jerk reaction to some tragic occurrence. The Voice of the Employee rhetoric is a sham. One dear union brother wrote a manager twice to make suggestions how to improve his work area; management never responded -- never would even answer his letters -- never scheduled meeting with him. Now he's gone. A clear signal to the union that they wouldn't listen was when they locked three national officers out of the plant and refused to meet with them last month. (A blatant violation of the law, by the way.) The national APWU president himself felt slighted last October in Fayetteville; we should have known right then that more was to follow. Management may claim it's a personality problem, that they only recognize some. But the truth is some managers have a long track record of snubbing unions everywhere they land, no matter what state or city. For the life of me, I cannot understand how many in management can lay claim to integrity and honor. I've said my piece. Now it's up to management to have a true open-door policy like they espouse and start treating people with dignity and respect. They can start by opening the door to the very organization that represents the workers: the union! Where's the Arbitration Award? The "Casual vs. Career" Arbitration award made last December is again in limbo (the "Black Hole," some call it), thanks to the good ol' honest and unpretentious tactics of the powers-that-be. When were they ever obligated to honor an arbitration decision? Our Fayetteville award has instead been thrown back to national discussions to work on an agreement to resolve the dispute on appropriate use of casuals on a nation-wide scale. Both parties have exchanged several drafts of specific language on the proper use of casuals. Tentatively, the parties agreed to limit the use of casuals only when mail volume is heavy or leave usage was high compared to SPLY (same period last year). The continuous use of casuals would have been limited to a one-to-one basis to replace employees on limited duty or extended leave in excess of 90 days. Unfortunately, even these discussions have now been terminated, as postal representatives desire to take another crack at applying the Zumas award holding that the union is restricted to enforcing only the numerical limitations on the use of casuals. The arbitration decision reinforcing Zumas' prior award has emboldened postal officials that there may still be hope in prevailing on the use of casuals. They saw a loophole and jumped at it, the upright souls they are. Discussions at the national level have now been terminated on this issue pending the resolution of the impact of the Zumas award. Meanwhile, all national casual vs. career arbitration awards (including Fayetteville's) have been deferred (put on hold) until a decision is rendered. Another Black Hole. Many in postal management thrive on playing games rather than being straightforward. This is where the casual issue is at present. Apparently the casuals vs. career arbitration award rendered for Fayetteville by Arbitrator Katy Durham last December will be deferred along with all the others from across the country. Our long fight of 11 years will be decided in Washington. (Doesn't that make you feel confident?) All the work done throughout that time hinges on these national negotiations and our leaders' willingness and ability to insist that the arbitration awards be honored. This could take a long while, but the good news is we could see a larger award if we win in the long run, especially with the continued use of casuals in Fayetteville. Automation -- Level 4 / 5 Following the Clerk Craft Conference, APWU Vice-President Bill Burrus initiated discussions with the Postal Service on implementation of the Fargo decision upgrading Mail Processors to Level 5. Agreement was reached that the national parties would finalize a memorandum including the application of the award to locally filed grievances (including Fayetteville's). Agreement could not be reached on whether or not Arbitrator Mittenthal required employees to "verify piece by piece" or merely required "riffling" as a condition of upgrade. Management also insisted that the requirement of "dispatching" required accountability, including the threat of discipline for failure to perform. The union disagrees with these interpretations of the Mittenthal (Fargo) award and the parties have agreed to submit the disagreements to Mittenthal for clarification of his award on his first available date. He has been solicited for an available date and has presented April 28th. Again, as with any "award" issued at arbitration, we shall see if the management has the integrity to honor the law. Pay Scale Issue Discussions are continuing on a modification to the slotting process into the new pay scale. The discussions center on the slotting of employees who were in Steps B and C after November 20, 1999. If successful, employees who were in Steps B and C who were not scheduled to slot until after November 20, 1999, will return or remain in the old schedule until April 2001 and receive the step increases pursuant to the old schedule until that date. If agreement is reached, the payroll system cannot be modified until March or April 2000 and employees will be adjusted retroactively for employees who are slotted after November 20, 1999 and the date of the correction. State APWU Convention Fayetteville is hosting the Arkansas Postal Workers Convention at the Hilton Hotel, June 1 - 3, 2000. National and state officers will be featured. A lot of work goes into these conventions and we'll need your help. Thank You to Vickie Alves Vickie has devised a new "Grievance Tracking System" that is proving quite helpful. Stewards and alternates are keeping better records of their activities as a result. Vickie will be bringing the "Grievance Tracking Charts" to union meetings in the future to give us a clear view of where we've been and where we're going. State President Dennis Taff A big THANK YOU to Dennis Taff, State President, for holding our Steward Training on February 12th. I must tell you -- it was one of the best classes I've ever attended. Dennis is both personable and interactive in a class setting. He, above all, has supported this Local and me through thick & thin, and we will never forget it. In all, 21 stewards and officers showed up for the training lunch at the Clarion from several towns: Bentonville, Rogers, Springdale, Harrison, Hot Springs, and Fayetteville (13) -- many more than expected. Remembering Joel Garriott and Family Please keep in your prayers and thoughts the family of Joel Garriott -- Tom (father), Martha (mother), and Kathie (sister). Joel lost his life on January 29th. He was a friend to most all of us and will be greatly missed. Please see page in this newsletter on Memorial Fund set up in his honor. Donations are being taken at the Veterans Medical Center in Fayetteville, Friends of the Chapel Joel Garriott Memorial Fund. Words cannot express the agony and sorrow we all have experienced the last few weeks. We only can hold each other up during this sorrowful time. Let us continue to unite by standing up for one another and caring for our fellow workers. Let us be vigilant in upholding the Contract and promoting union. Hope to see you at the Union meeting Sunday, March 12th. "If there is such a phenomenon as absolute evil, it consists in treating another human being as a thing." -- John Brunner In Solidarity, Loren Adams