2000 National APWU Convention The primary observation I made at the 2000 Convention was that the grassroots of the union expressed [through the delegates assembled] their unhappiness with the 1998-2000 Contract, COLA- linked dues increases, and benefit packages for national officers approved last year without consent of membership vote. Actually, the convention floor seemed tumultuous compared to 1998. Of course, this was Moe Biller's last convention. He will be retiring in 2001 at age 85. The convention recognized him at several junctures during at the hall and also at a special hospitality going-away gathering at the Hilton Hotel next door. Anaheim, California in my view was an excellent place to hold the convention. The weather was absolutely beautiful. Accommodations were superb. Arkansas State APWU did a great job in arranging travel and housing. The Southwest Coast Area Local who hosted the event should be commended also. Arkansas had 20 delegates who attended. We were one of the smallest states. The Parade of States on Thursday night of the convention was spectacular, as each of the 50 states plus Guam and Puerto Rico came marching through the hotel ballroom to a cheering crowd of young California postal workers' children. There were around 3,200 delegates in all; several more hundred non-delegates. Arkansas delegates threw them Razorback hog Frisbees and candy. The national constitution was revamped in several sections to accommodate merger with private sector divisions, such as the drivers recently unionized. Constitutional resolutions, which required 2/3 approval, were debated for most of the convention. Resolutions dealing with the upcoming contract negotiations were placed on the backburner as a result, unlike 1998. The membership voiced their opinions LOUDLY and CLEARLY. One could sense the dissatisfaction with the last contract and the manner in which the national had conducted some business affairs. Pavilions were set up in another part of the convention center for all branches and divisions. I indulged myself in going to each one and learning about various aspects of our organization. Some may think conventions such as this are boring, but I found it most interesting. Through the delegates, one could hear the hundreds of thousands of union members speak from across the United States. It was democracy in action! The parliamentary procedure, the vocal demonstrations, the chants in unison echoing across the hall.....all these were visible signs that our democratically formed union is alive and well. Larry King (of Larry King Live on CNN) hosted the political event on Sunday night, July 27th. A number of congressmen and women spoke, and then we were entertained by Jose Feliciano. Ralph Nader sent a message to APWU Executive Board that he would like to come and speak, but as far as I know, the national never responded in the affirmative. Al Gore sent a special video tape specifically addressing the convention. Bush sent nothing. Overall, in a few words, how would I describe the convention? "Delegates sensing monumental changes just ahead." The retirement of Moe, the rapid advance of technology, the effect of the internet on the Postal Service, the political climate of the U.S. probably soon to change [for better or worse], and the pressure to get a better contract with real pay increases and less confusion -- were all factors. I'd like to thank the State APWU for sending and allowing me to represent them. It was a privilege and pleasure. I'd especially like to thank President Dennis Taff for his continued service to this Local and for providing the opportunity. Right to union representation The U.S. Supreme Court in 1975 ruled that an employee has the right under Section 7 of the National Labor Relations Act to refuse to meet with management at an investigative interview unless a union representative is present, where the employee "reasonably believes the investigation would result in disciplinary action" and where the employee requests representation. Why? The Supreme Court recognized that the right [of representation] was most useful to both employEE and employER at the investigative level. The Supreme Court reasoned that the employee may be intimidated or unable to accurately convey the facts surrounding the incident in question or not be astute enough to raise extenuating facts to refute allegations stemming from the inquiry. A knowledgeable union representative could assist the employer by extracting favorable facts, thereby saving the employer production time by getting to the bottom of the incident more quickly. If the Supreme Court felt that this is a vulnerable time for employees, why do employees continually participate in investigative interviews alone? The Weingarten Rights are YOUR rights. Don't be fooled when a supervisor claims you cannot have a union steward present in an investigative interview. You have the right, backed up by the U.S. Supreme Court, to refuse to meet with management alone in these situations. It should be noted: Employees not represented by the union are not entitled to Weingarten Rights according to the National Labor Relations Board. Remember also: An "Official Discussion" should not be confused with an "Investigative Interview." However, during the course of an "Official Discussion" if questions and charges arise concerning the employee, the session automatically becomes an "Investigative Interview." The EMPLOYEE has the right to halt the session immediately if his/her request for union representation is not granted. How does a member invoke his/her Weingarten Rights? SIMPLY ASK. At the point in the "Official Discussion" that the supervisor or manager begins to ask questions, invoke Weingarten. The employer has three options: 1. Grant the request. 2. Discontinue the interview. 3.Offer the employee the choice between continuing the interview unaccompanied by a Union representative or having no interview at all. If the employer refuses to comply with the law, information gathered during the interview cannot be used as a basis for any disciplinary action now or anytime in the future. In the interim, though, the best policy is to keep silent if unaccompanied by a representative, yet forced into the meeting against your will. Requesting a PARTICULAR Steward for Representation Unlike most other situations, in an "Investigative Interview" (Pre-Disciplinary Questioning) employees may request a SPECIFIC steward to represent them. In other cases, employees may not SHOP for a steward, but the Weingarten Rights ("Investigative Interview" cast a paradoxical twist. The employee under investigation may request a specific steward, BUT that representative must be union certified and must be on the floor at the time. The National Labor Board states that employees may not shop for a union representative, whereas the Weingarten trumps this clause by stating that the employee CAN choose for an "Investigative Interview." Remember: "Investigative Interviews" may be named "Pre-Disciplinary Hearings" or some other title, but the common denominator is that they involve the questioning of the employee which could lead to discipline. Prior to the beginning of any meeting with supervisors/managers, the employee has the right to know the subject matter to be discussed. Once the employee has requested a union steward and the steward arrives, the supervisor must inform the employee and the steward of the subject matter. After the employee and steward are briefed, the steward can take the employee aside for a private pre-interview conference before questioning begins. All over the country there are many examples where employees lost their grievances or jobs because they failed to request a steward at the investigative stage. Wallet-size cards are available at the union office and from your steward which state Weingarten Rights on one side and what questions to be asked of the supervisor on the other side. Some say, "It'll never happen to me! I'm a good worker." Don't fool yourself! It can and will happen to most everybody during the course of their postal career; that's the nature of the beast. Know your Weingarten Rights and how to apply them! FMLA Abuse FMLA was designed by Congress to protect workers who suffer serious DEBILITATING disease or those who must care for a family member who does. To qualify for FMLA medical leave, your absence must be due to a "serious health condition." [FMLA statute, 29 U.S.C. 2612(A)(1)(D)] It was not intended to be used as an excuse for a day off or a vacation. Those who abuse the system are doing others a disservice. Abuse may lead to abolishment and repeal. If that happens, the workers who legitimately need FMLA will be deprived of the benefit (thanks to the "takers"). According to the law, the following are considered legitimate FMLA absences: 1. Inpatient hospital care (i.e., an overnight stay at a hospital or similar facility). 2. An injury, illness, or other condition lasting more than three consecutive calendar days that involves continuing treatment by a health care provider. 3. Pregnancy. 4. A chronic serious health condition. 5. A long-term or permanently disabling health condition. 6. A condition requiring multiple treatments to prevent a period of incapacity of more that three consecutive calendar days. So, if you just suffer or cold or minor headache, remember, FMLA is for those who may suffer heart attacks or be pregnant. Please don't abuse the system. It adversely affects us all. The union is here to assist you and make working conditions better, but if the union is simply looked upon as a license to skirt laws and regulations, then it becomes counterproductive. Prime Motives Most important in a person's life is his/her PRIME MOTIVE, our purpose for living. It's what makes us tick. While some may be motivated by greed, vengeance, hate or materialism, others are motivated by family, building a proud legacy of integrity or affection. What is it that floats your boat? This is central to our existence. In unionism, we should be driven by caring for one another and building up of the family by strengthening working conditions and benefits. But if we're caught up in vengeance, settling a score with some nemesis of the past, or trying to prove ourselves right over some inconsequential issue, then we have lost our way. Life becomes empty and meaningless. No longer can we focus on what matters. You've met people who have an agenda, those hell-bent to fulfill whatever they inwardly propose in their minds, who'll walk over anyone just to get their way. Destruction follows their path. They're tough to work with or for. Compatible individuals are those who have a prime motive of wanting to make things better for all, not just themselves. They go out of their way to serve and are pleasant to be around. We all need to search deep down to see if we're truly motivated by compassion and virtues rather than vices. Each of us has a prime motive. What's yours? Getting our feet wet It takes years of studying the National Agreement, National Labor Relations Act, FMLA, OWCP, EEO, handbooks & manuals, arbitration history, CBRs, CBAs, LMOUs, etc., to gain a working knowledge of how to be a good labor leader. I have served as an officer for five years now, but I learn something new every day. Nobody, not even management, knows the whole contract or all labor laws. It takes more than a law degree. Read Articles 12 and 37 of the National Agreement in their entirety and tell me that you fully understand every word and how you can apply them without researching the topic again. All the clauses, exceptions, exclusions, and subsequent memorandums make the Contract an absolute maze of complexities. I used to think studying the Bible was difficult until picking up the Contract. At least the Bible has tales of romance and battles to spice it up. Unfortunately, few people come to meetings, let alone volunteer to roll up their sleeves and lend a helping hand. Our Local has the best attendance of any local I know of in the country; the number that meets regularly is comparable to San Antonio or St. Louis. Still, it's amazing that more aren't involved. It's difficult to keep a steward on the tours. Most don't want the job because they realize they would be bombarded with chronic complainers who never actually have a grievance, just a gripe. Not much is ever solved with some; they'll be griping about something or someone else on down the road, so why seek resolution? Others sense they may be overly "coached" or controlled by some self-serving activist with a chip on their shoulder who wants a "personal" steward to file grievances constantly on their behalf -- playing the role as a personal, private advocate for the vengeful instead of being concerned for the victim. Some are quick to criticize but never willing to turn their complaints into something constructive. If they don't like how things are run, then they should step up to the plate. (But they never will.) With all this said, we still have a lot to be thankful for in our Local, especially when comparing it to other locals over the country. Being a delegate at the National Convention was an eye-opener. See ya at the meeting on the 20th! In solidarity, Loren Adams