Director Industrial Relations
Frankie Sanchez
The APWU has initiated a national-level dispute over the Postal Service's failure to comply with their obligations under Article 32.1.C of the National Agreement to furnish notification to locals of subcontracting of bargaining unit work at the local level. The dispute follows the Postal Service's response to an earlier inquiry regarding management's understanding of their obligations under Article 32.1.C.
The APWU reached an agreement with the Postal Service regarding time limit extensions for all grievances and appeals to arbitration during the weeks surrounding the APWU National Convention.
The APWU requested the extension of time limits due to the APWU's National Convention and related activities taking place during the second and third weeks of August 2008. During this time period all national officers, and many local stewards and officers from around the country will be attending the National Convention and/or the convention workshops and craft conferences in Las Vegas, NV. We have made similar requests during previous national conventions.
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Step 1 Grievance Outline Worksheet
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An updated version of the the 2007 Joint Contract Interpretation Manual (JCIM) is now available. The 2007 JCIM update was agreed to by the parties on June 29, 2007. The JCIM is intended to be a resource for the administration of the National Agreement. Jointly prepared by the APWU and the USPS, the JCIM provides a mutually agreed to explanation of how to apply the contract to the issues addressed. When a dispute arises, the parties should first go to the JCIM to determine whether the dispute is addressed and, if it is, the parties are required to resolve the dispute in accordance with this manual.
The following revisions were made:
- Summary of Changes, pages 2 thru 5 changed and renumbered;
- Table of Contents, pages 2, 6 and 8 changed;
- Article 7.1.B.3, Article 7.1.B.4, page 2, language added at end of both paragraphs;
- Article 7.1.B.5, page 2, new language;
- Article 7, pages 3 thru 6 re-numbered ;
- Article 12.5.B, page 4, new language last paragraph;
- Article 12, pages 5 thru 7 re-numbered;
- Article 12, page 8, Clerk Craft, new language;
- Article 12,.5.C.4, page 11, fourth bullet point, the words “or reposted” added;
- Article 13, page 8, new title “Reassignment or Reemployment” and new language;
- Article 37, page 27, the words “or reposted” added to Response to Question 133;
- Article 37, page 50, typo corrected in Response to Question 262.
- Article 13, pages 5-8, were revised on July 11, 2007.
Click here for a copy of the 2007 JCIM [pdf]
Family and Medical Leave Act Resources
The Family and Medical Leave Act (FMLA) was signed into law by President Clinton in 1993. It requires employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and case of the newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
The following documents and links provide guidance and assistance for APWU members and representatives when applying the provisions of the FMLA to postal employees.
Downloadable APWU versions of forms that can be used when requesting or certifying leave under the Family and Medical Leave Act (FMLA).
How to Apply Your Rights Under the Family and Medical Leave Act (FMLA) [pdf]
An APWU booklet for members for use in applying your rights under the FMLA. This document includes excerpts from the Employee and Labor Relations Manual (ELM) and Postal Bulletins, an exchange of correspondence between the union and the Postal Service on the application of the FMLA, and copies of forms for use by postal employees when requesting leave under the Act.
Family and Medical Leave Act (FMLA) Questions and Answers [pdf]
A document jointly produced by the American Postal Workers Union (APWU) and the United States Postal Service (USPS) with answers to the most frequently asked Family and Medical Leave Act (FMLA) questions. It is the intent of the parties that referral to these questions and answers should eliminate disputes concerning the most basic FMLA issues.
Notice for Requesting FMLA Leave [pdf]
(July 5, 2005) This is the most recent version of Postal Service Publication 71, “Notice for Employees Requesting Leave for Conditions Covered Under the Family and Medical Leave Act.” Please note that this version is currently under challenge by the APWU.
Your Rights Under the Family and Medical Leave Act of 1993 [pdf]
A U.S. Department of Labor notice about your rights under the Family and Medical Leave Act (FMLA).
Federal Appeals Court Ruling on USPS Return to Work Requirements for FMLA Absence [pdf]
(July 22, 2005) A federal appeals court ruling that the Postal Service’s return-to-work requirements for absences of more than 21 days are in conflict with the Family and Medical Leave Act.
Arbitration Award (USPS #Q00C-4Q-C 02126262) [pdf]
(July 5, 2005) An employee's time on LWOP for union business does not count toward the 1,250 hours of service required for eligibility under the Family and Medical Leave Act (FMLA), according to this national-level award by Arbitrator Das.
Arbitration Award (USPS #H98C-4H-D 99290624) [pdf]
An employee, who is eligible for Family Medical Leave at the time medical leave commences, but due to intermittent leaves for the same condition, falls below the 1250 hour minimum required in the previous 12 month period, is nevertheless eligible for medical leave.
USPS and Department of Labor (DOL) Letters Regarding 1250 Work-hour Eligibility Requirement [pdf]
Clarification letters from the USPS and the Department of Labor (DOL) regarding application of the 1250 Work-hour eligibility requirement when an employee who is eligible for Family Medical Leave for one condition, but due to leave for a different condition, falls below the 1250 hour minimum.
The U.S. Department of Labor’s FMLA Compliance Assistance web site