New York Metro News

Proposed Convention RESOLUTION: Save the BMC Campaign

WHEREAS: The attack on the BMC is a key step toward the Postal Privatization Plan, called the "Network Plan"; and

WHEREAS: Outsourcing the BMC mail processing and transportation network is the tip of the iceberg in the plan to reduce the Postal Service to a symbol at "the first mile and the last mile," while the core functions are contracted out; and

WHEREAS: This is a union busting attack on postal jobs all over the United States; and

WHEREAS: Downsizing stable union jobs will have a negative impact on the economy in every community; and

WHEREAS:  Privatizing USPS will reduce preferential hiring opportunities for our nation's Veterans and

WHEREAS: The "Network Plan" is an outrageous cheat of the American public of a Constitutional right to universal mail service, using the trust placed in the USPS to hand the mail over to an unstable and unsecured work force.  

Therefore, Be it RESOLVED: That the APWU will conduct a massive national campaign to mobilize postal workers, the public, and elected officials to Stop Postal Privatization; and Be it further RESOLVED: That this campaign will begin by combating the proposed outsourcing of BMC parcel processing; and Be it further RESOLVED: That a logo to "Stop the Sale of the Mail" be used on buttons, stickers, and other materials to be used by all APWU members in publicizing this campaign; and Be it further RESOLVED: That there will be a coordinated demonstration and press conference in the city of each of the 21 BMC on the same date in October 2008, supported by an APWU radio ad and outreach to elected officials and other unions, including sister postal unions.

Labor Day Parade Saturday September 6 NY Metro will participate
Information will be posted at stations

APWU Files Suit Against President George Bush

The APWU filed suit against President George W. Bush and Postmaster General John E. Potter in District Court July 16 over their failure to appoint a Postal Service Advisory Council, as required by federal law.

“The Postal Service is required to ‘consult with and receive the advice of the Advisory Council regarding all aspects of postal operations,’” APWU President William Burrus wrote in an April 11, 2008, letter to the president. That letter was a follow-up to a similar letter to Potter last September.

“Despite my entreaties, the advisory panel has not been appointed,” Burrus said in announcing the July 16 lawsuit. “So, of course, no meeting or consultation with the Advisory Council has occurred.”

The lawsuit, which names “Defendant George W. Bush [in] his official capacity as President of the United States,” notes that the purpose and makeup of the Postal Service Advisory Council was outlined in the Postal Reorganization Act of 1970 (39 U.S.C. § 206), and was reconfirmed by Congress with the passage of the Postal Accountability and Enhancement Act (PAEA) of 2006.

Under the law, the postmaster general serves as chairman of the council, the deputy postmaster general serves as vice-chair, and the president is required to appoint 11 other members, including four nominated by postal labor unions; four representatives of major mail users; and three representing the public at large. The postmaster general is named in the suit because the responsibility for forming the council may have been delegated to him as chief executive officer of the Postal Service.

“As we said in April, it is critical that the Advisory Council be established,” Burrus said. “These are crucial times for the Postal Service and its employees, with ongoing realignment of the mail-processing network, evolving service standards, and implementation of new rate-setting provisions enacted by the PAEA. An advisory panel is more important now than at any time since the passage of the Postal Reorganization Act.”

The lawsuit asserts that “APWU and its members have been substantially harmed by the failure and refusal of President Bush and the Postmaster General to perform their non-discretionary duties under Section 206 of the PRA.”

Other parties interested in postal operations — particularly large mailers whose interests are often adverse to those of postal workers — have another avenue to consult with and provide advice to the Postal Service, the suit notes. Through the Mailers Technical Advisory Council (MTAC), representatives of large business mailers make recommendations to senior USPS management on postal operations, postal rates, and postal regulations; but MTAC excludes representatives of individuals and small businesses. The APWU filed a suit May 30, 2007, challenging secret policy-making by the USPS and MTAC, but the suit was dismissed March 28, 2008.

The July 16 lawsuit asks that the president and the postmaster general be ordered to perform their “non-discretionary duties” by appointing the Postal Service Advisory Council.

Early Retirement

APWU President William Burrus met with postal officials July 8 regarding USPS plans to offer early-retirement opportunities to 40,000 employees. “I conveyed our strongly-held belief that the Postal Service is required to bargain with the union over Voluntary Early Retirement opportunities,” Burrus said. “We do not oppose Voluntary Early Retirements,” he explained, “but we do object to any plan to offer them selectively and exclude some employees from eligibility,” he said. “We also believe that for this VER, which is not the result of contract negotiations, severance pay must accompany an offer of early retirement.” (www.apwu.org/dept/presvp/index.htm APWU President)

Postal workers who are considering early retirement should take a “wait-and-see” attitude before making a decision, APWU President William Burrus said in a recent Update for union members.

VETERANS' PREFERENCE JOBS CONTRACTED OUT
By Flo Summergrad

The Postal Service is bound by federal law to hire veterans into custodial jobs before anyone else. This is codified in Title 5, USC, Section 2108. Veterans who are disabled or who serve on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over non-veterans, both in Federal hiring practices and in retention during reductions in force (RIF). This includes the widows (or widowers) of veterans who were killed in action.

NY Metro Maintenance Director, Jack Rutigliano, along with President Clarice Torrence, Director of Organization Abriitto Divine Pla' El, and NJ Maintenance Coordinator Bill Kreutter met with NYC postal management on April 30 to challenge the contracting out of custodial jobs. While the USPS pretends that it has been "holding" jobs for potentially excessed clerk craft employees, it has been steadily entering into cleaning contracts with private companies.

USPS uses fear of excessing to avoid law

Veteran's preference covered veterans up through the Vietnam era, and then those with 24 months of service and a military campaign badge. This was extended by the National Defense Authorization Act of 2006 (Public Law 109-163) to include "those individuals who served on active duty for a period of more than 180 consecutive days, any part of which occurred during the period beginning on September 11, 2001, and ending on a future date prescribed by presidential proclamation, or by law, as the last date of Operation Iraqi Freedom; and, who were discharged or released from active duty in the armed forces under honorable conditions." This includes those who have served in the National Guard, as well as the other armed services.

The Postal Service has used a number of tactics to resist obeying these laws. They have not advertised in VA hospitals, vet centers, and or on bases. The Postal Service has discouraged and turned away veterans who are disabled. And most recently, it has attempted to use the specter of "excessing" to evade the responsibility of hiring preference eligible vets.

Many men and women are coming home from war to find that their jobs are gone.

The Postal excuse in our area is, only a handful of clerks have been used to fill custodial vacancies. At the big stations like the BMC, DVD, and Morgan, there are numerous unfilled custodial positions. At the small stations, cleaning services have been turned over to private contractors.

Continuing down this path is a lost for our workers. NY Metro is taking on the contractual violation of giving away custodial work. The recent APWU victory of the MS-47 grievance told management that they must honor the custodial staffing packages that were based on the computations of the 1983 version of the MS-47 Handbook.

The other pressure points are replacing casual custodians and forcing custodial overtime pay where there is understaffing. Rutigliano points out, "The jobs are there. It's just a matter of fighting for them."

Politicians are receptive to the issue of veterans hiring. Many men and women are coming home from war to find that their jobs are gone. Only the Postal Service has the obligation to hire them.