NY Metro APWU AFL-CIO

 
U.S. Army

Director Organization

Abriitto Divine Pla' El

The hearings on an important arbitration case involving Maintenance Craft staffing (Case Q94T-4Q-C 97040815) were completed On March 19, the fourth day of proceedings on the dispute. The union’s grievance challenged the implementation of a Maintenance Management Order, which was put into effect a dozen years ago.

The APWU contended that with the issuance of MMO 28-97, the Postal Service implemented staffing changes that were not fair, reasonable, or equitable under the terms of Article 19 of the National Agreement. We requested that the arbitrator require the Postal Service to rescind MMO 28-97; that he retroactively reinstate MMO 21-91 (which MMO 28-97 replaced); and that he make the bargaining unit whole for any injury sustained.

The APWU asserted that MMO 28-97, which provides instructions for staffing the various functional areas in the Maintenance Section, removed or altered several provisions of MMO 21-91 that the APWU frequently cited at the field level when attempting to enforce the Maintenance staffing requirements.

There are a large number of grievances pending the ruling of Arbitrator Shyam Das. We continue to encourage locals to enforce authorized staffing levels in their installations. Regardless of whether staffing levels are proper, all locals should request and maintain a copy of their complete Maintenance staffing packages in their local files.

On April 16, we concluded the second and final day of hearings in case Q94C- 4Q-C 97031616, the Associate Office Infrastructure (AOI) system installation and maintenance grievance.

In this case, the APWU challenged the Postal Service decision to subcontract the installation and maintenance of the AOI. Under this system, mail processing data and other information are transmitted between postal facilities over the network infrastructure that make up the Local Area Network (LAN) and Wide Area Network (WAN). The AOI is very similar in its components and purpose to the Mail Processing Infrastructure (MPI) LAN used in larger installations, and Maintenance Craft employees perform the work associated with the MPI-LAN as well as other LANs.

In some cases the AOI installations were new; in others they replaced networks that used outdated “modem technology.” The switchover occurred at a time when the Postal Service was changing from the Postal Source Data System (PSDS) time-and-record keeping system to the current Time & Attendance Control System (TACS).

The AOI was also intended to facilitate the full implementation of the POS-One system in offices that had three or more window counters. The installation work included locating network equipment such as routers and switches, and running data cabling in the office. Maintenance on the system includes troubleshooting the network and repairing or replacing parts. Most of this function has been contracted out to the USPS Raleigh, NC facility, which is staffed with non-bargaining unit personnel.

While we await these awards from Arbitrator Das, the Maintenance Division will be moving other issues toward resolution and proceeding with additional arbitrations. We also are pursuing several cases that affect the entire APWU, such as the “Rock Creek” (Q00T- 4Q-C 05147379) and “Lunch Deduction” (Q00C-4Q-C 03061346) cases. Both of these involve travel costs or other expenses related to training.

In the Rock Creek case, we are seeking to resolve the issue of payment to employees who are bused to or from training sites away from their temporary housing. In the lunch-deduction matter, we are challenging the Postal Service’s decision to begin deducting a mealtime period from an employee’s compensable travel time. This first occurred, almost magically, shortly after the 2001 interest arbitration award from Arbitrator Steven Goldberg in which he granted our demand that travel for job-related training shall be on-the-clock.

While applications for the triennial open season for the Maintenance Selection System (MSS) were being accepted in March, the Postal Service was proposing changes to the system to division officers at the national-level. USPS proposals included modifications of the qualification standards and the EL-304 handbook.

The APWU rejected the USPS proposals, but we are continuing discussion with management to achieve our common goal of filling Maintenance Craft vacancies with qualified employees.

Headquarters craft officers have met several times with the Postal Service on this issue, and information on the outcome of the MSS discussions has been distributed to the field. Please contact your local Maintenance Craft director, Maintenance National Business Agent, or national Director Steve Raymer’s office for further information.

The Postal Service has abandoned plans announced less than a year ago to outsource the work performed at 21 Bulk Mail Centers, and instead will revamp the BMC network, the USPS told the APWU on March 10.

The change in strategy was prompted by the nation’s financial crisis and the subsequent drop in the volume of flats. “The world changed under our feet,” William Galligan, Senior Vice President for Operations, explained in a briefing at union headquarters. “It would be foolhardy to proceed with a plan that was based on flat volume growth.” The original plan was announced in July 2008, and included plans to place Flat Sorter Sequencing (FSS) machines at the BMCs.

The revised plan calls for a three-tiered network in which some facilities would distribute only local and destinating mail. The renamed Network Distribution Centers (NDCs) would continue to process Standard Mail, packages, and some periodicals. Significant changes also are planned for transportation within the network.

Phase 1 of the plan began in June along the Northeast Corridor, and affects the Springfield (MA), Philadelphia, and New Jersey BMCs. For further information, visit www.apwu.org and select “Bulk Mail Centers,” which is the first listing under “Short Cuts” on the right-hand side of the home page. You can also access BMC information from the Maintenance Department pages on the APWU Web site.

www.apwu.org/news/webart/2009/09-068-maintenanceselection-090611-el-304.pdf

Setting the Record Straight
MICHAEL POOLE PAID BY NY METRO & USPS FOR THE SAME WORK

After the June 18th general membership meeting a number of members had questions about how the charges I filed against Michael Poole came about.

Filing charges against an officer of this union is not to be taken lightly.

I received an anonymous letter making charges of double-dipping against Michael Poole. I had an obligation to investigate. I didn’t expect the charges to be true. I have known Michael Poole for a long time. It never occurred to me that he would be involved with such behavior.

I started an investigation and discovered some discrepancies. I met with three other full time officers, including President Clarice Torrence, to discuss the situation. It was decided that we should have professionals take over the investigation. The union’s accounting firm was brought in.

The accountants issued a report that showed, after comparing union vouchers and USPS payroll documentation, that Michael Poole was, in fact, paid for the same time periods by both the union and the USPS.

The report showed that over a period of three years Michael Poole submitted vouchers to the union for equivalent reimbursement for substitution for work performed for the union when he was supposed to be off the clock at the USPS. Full-time officers for New York Metro approved the vouchers. The vouchers included the date, time, and general description of the work performed. Michael Poole was paid for these vouchers as submitted to New York Metro. He was taken at his word. Payroll documentation from the USPS showed that the USPS was also paying Michael Poole for this time. Copies of his 3971s that indicated that he was off the clock for the hours paid had accompanied Michael Poole’s vouchers. Further investigation of the USPS payroll records showed that Michael Poole was also paid by the USPS as if he was working on-the-clock for the USPS, hence the charge of double-dipping.

On February 26th I wrote a letter to Executive Secretary Charles Bembry bringing formal charges for these infractions and requested that a Trial Board be held to address the charges. A copy of this letter was sent to Michael Poole along with all the relevant documentation.

A Trial Board was formed chaired by Executive Vice President Clarence Wall. The hearing was initially scheduled for May 1, 2008. The trial board was eventually held on May 9, 2008. Michael Poole chose not to attend. By choosing not to attend, Michael Poole chose not to dispute the charges and chose not to defend himself. All the evidence was submitted and the trial board gave its finding, upholding all the charges against Michael Poole. The results were read to the Executive Board of the New York Metro on June 17th and were upheld by a majority vote. The results were then read to the general membership meeting on June 18th where the findings and recommendations of the trial board were upheld by a majority vote.

Michael Poole’s office was located right next to mine. I saw him at the union. I had never doubted that Michael Poole was entitled to this money. There had been no on going investigation of Michael Poole. It was only after the allegations were made that an investigation began. The documents, however, don’t lie.

Michael Poole was sent the information every step of the way. At the trial board I testified and a representative of the accounting firm testified. I submitted the 405-page report as evidence. The accounting firm corroborated the report.

The union has followed the proper procedure every step of the way.  All of Michael Poole’s rights have been resp