Clerk Division National Officers

Transcription

1 AMERICAN POSTAL WORKERS UNION AFL-CIO Mark Dimondstein, President Debby Szeredy, Executive V.P. Elizabeth Liz Powell, Secretary Treasurer NEGOTIATING A LOCAL MEMORANDUM OF UNDERSTANDING Craft Directors: Clint Burelson, Michal O. Foster, Motor Vehicle Division Steven G. Raymer, Maintenance Division Instructors: Chuck Locke, NBA Liz Swigert, NBA Mike Sullivan, NBA Mike O Hearn, NBA National Officers Clint Burelson Director Lynn Pallas-Barber Assistant Director Lamont Brooks Assistant Director Your Training Instructors Chuck Locke Mike Sullivan Mike O Hearn Liz Swigert San Francisco Region Atlanta Region Chicago Region New York Region 1

2 Alert! Alert! Alert! With a new Collective Bargaining Agreement coming soon, you need to begin preparing for local negotiations! The dates for the local negotiation period will be announced once the new Collective Bargaining Agreement is ratified. Time Lines For LMOU Negotiations The new Collective Bargaining Agreement will set predetermined dates for you to: Send Notice of Intent to open Negotiations Begin Negotiations End Negotiations Appeal Disputes to Impasse End Impasse Discussions Appeal Disputes to Arbitration REVIEW CURRENT LMOU s Why We Don t Need to Open Negotiations? We already have good language. There is no interest from the membership. We don t have the time or resources. We are afraid of what Management will do. There hasn t been that many grievances. 2

3 REVIEW CURRENT LMOU s Those are not good reasons to simply carry over your current LMOU. The New Collective Bargaining Agreement will have changes and these new provisions will need to be negotiated into your LMOU. This is your chance to correct problem areas in your LMOU that have create grievances. (Overtime, Holidays, Leave) Article 30 of the National Agreement Provides for Local Implementation of 22 specific items. Continuing emphasis must be placed on the importance of good faith bargaining in which both parties must make every attempt to resolve disputes. When Management Challenges a Provision as In Conflict or Inconsistent With the National Agreement This provision has been revised per the Goldberg arbitration award decision, whereby the panel changed management s right to challenge Local Memo provisions as in conflict or inconsistent limiting such right to: Only those provisions of the local agreement that have been affected by changes to the National Agreement since last negotiated at local level If challenged as in conflict or inconsistent, the provision must be complied with for a period of four months and the arbitrator is empowered to provide a remedy to the union. 3

4 In Conflict or Inconsistent With the National Agreement Challenges The parties should agree to extend the LMOU with the exception of those items The Union should assure that those items are clearly listed Insist on all reasons why management has come to this conclusion USPS Unreasonable Burden Challenge Provision creates substantial obstacles or prevents the Service from accomplishment of its business purpose Provision has an inordinate negative impact on health/safety of postal patrons or employees Provision has an undue negative impact on the financial or other resources of the Service Are there alternate means other than to modify or eliminate the LMOU provision to alleviate the undue burden USPS Unreasonable Burden Challenge The parties should agree to extend the LMOU with the exception of those items The Union should assure those items are clearly listed Insist on all reasons and documentation as to why they have come to this conclusion 4

5 Cost of Impasse Arbitration Local Impasse arbitration is handled by the local union advocate and the costs are paid by the local unless the Local prevails and then National usually covers the cost. Management in conflict or inconsistent arbitrations are handled by your NBA and National usually covers the cost. Article 30 Section B There shall be a 30 consecutive day period of local implementation which shall occur within a period of 60 days commencing, through, on the 22 specific items enumerated in Section B. SECTION B CONT D: 22 Enumerated items 1. Wash up periods 2. Establishment of regular work week of 5 days with either fixed or rotating days off. Modified work week per Goldberg decision is not to be negotiated during local negotiations. 3. Guidelines for the curtailment or termination of postal operations due to emergency conditions (i.e., Anthrax) 4. Leave program formulation (Leave by Seniority, Bereavement) 5. Choice vacation periods (duration) may be affected my local activities. (Ski Season, Hunting Season, Summer) 5

6 SECTION B CONT D: 22 Enumerated Items 6. Determination of beginning day of an employee s vacation period 7. Whether employees at their option may request two selections during choice vacation period 8. Jury Duty and attendance at National State Convention shall be charged to vacation period 9. Maximum number of employees who shall receive leave each week during choice vacation 10. Official notices to employee of the vacation schedule approved for such employee. SECTION B CONT D: 22 Enumerated Items 11. Determination of date and means of notifying employees of beginning of new leave year 12. Procedures for submission of application for annual leave during other than choice vacation period. 13. Method of selecting employees to work on a holiday. 14. Whether OTDL in Article 8 shall be section and/or tour. 15. Number of light duty assignments within each craft or occupational group to be reserved for temporary or permanent light duty assignment. SECTION B CONT D: 22 Enumerated Items 16. Method used in reserving light duty assignments so that no regularly assigned member of the regular work force will be adversely affected. 17. Identification of assignments that are to be considered L/D within each craft represented in the office. Locals should consider negotiating a light duty committee to review all requests and make recommendations to the installation head. This committee would have access to a wealth of information that locals would need in order to enforce the language in the CBA. 18. Identification of assignments comprising a section, when it is proposed to reassign within an installation employees excess to the needs of a section. 19. The assignment of employee parking spaces 20. Whether A/L to attend Union activities requested prior to determination of the choice vacation schedule is to be part of the total choice vacation period. 6

7 SECTION B CONT D: 22 Enumerated Items 21. Those other items which are subject to local negotiations as provided in the craft provisions of this agreement 22. Relating to seniority, reassignments and postings NEGOTIATING LOCAL MEMORANDUM OF UNDERSTANDING SIX STEPS FIRST STEP Prior to bargaining new Local agreements we suggest soliciting suggestions/input from officers, stewards and the membership. Post a notice advising to the Membership the starting date of Local Negotiations. Following the National Negotiations our Local Officers will begin bargaining new Local Agreements. If any member has a suggestion for Local Negotiations please use this form. Suggestions can be made on any item listed in Article 30 and the items found in Craft Articles (37, 38 and 39). 7

8 SUGGESTION FOR LOCAL NEGOTIATIONS Item Number From Article 30: Craft Article Sec. Problem: Solution: Name: Craft P/L----- Tour Send the form to: APWU, LOCAL 1909, 2322 Union Plaza, Contract, USA SECOND STEP Putting together the negotiation team, which should include officers and/or stewards from each craft. Any submitted proposals and/or past LMOUs should be reviewed item by item by the team and well thought out. If the Union wishes to negotiate an LMOU, please do the following: Send notification letter to installation head Meet with members of the Local s Team Select a Chief Spokesperson THIRD STEP Make sure each Craft is represented on the team Select one person on the team as record person 8

9 SAMPLE NOTIFICATION LETTER Date Local Postmaster Any Town, USA Dear Postmaster: Pursuant to the provisions of Article 30, Section A and B of the National Agreement, it is the intention of the Local of The American Postal Workers Union, AFL-CIO, to enter into negotiations for the purpose of modifying our Local Memorandum(s) of Understanding with the Postal Service. We request a meeting with you and the members of your staff on date at time to establish procedures to be utilized during the course of these negotiations. Sincerely yours (signed) Local President FOURTH STEP Set Dates, Times and Places for Negotiation Meetings. Date : Representative of the United States Postal Service and the American Postal Workers Union, AFL-CIO, agree to conduct joint negotiations for a Local Memorandum of Understanding in accordance with the following procedures: PLACE OF NEGOTIATING SESSIONS: Negotiations will be held in Room , building Union negotiations will use Room for caucus purposes. TIME SCHEDULE FOR NEGOTIATING SESSIONS: Negotiations will be conducted (day) through (day) during hours mutually agreed to by the parties. Changes in the time schedule may be made by mutual consent of the Union and Employer spokespersons. The parties agree that the time schedule be kept flexible to achieve a productive level of negotiations. Negotiations shall commence on date at time. FIFTH STEP Establish ground rules to negotiations using the Guide To Local Negotiations Book. The parties are required to enter into the bargaining with the intent to bargain in good faith on all proposals in regard to the items listed under Article 30, and to give the proposals reasonable consideration and comment. Ground Rules should be set prior to the start of negotiations. You should include a statement requesting a meeting to set ground rules in your letter notifying management that you intend to negotiate. Keep ground rules simple. 9

10 Ground Rules Rule 1 Prior to the start of negotiations, set dates, times and places for all sessions. Rule 2 Identify the chief negotiators and members for both teams. Rule 3 Make provisions for changing chief negotiators, members, or alternates. Ground Rules Rule 4 Set rules of order. Rule 5 Identify order of business. Rule 6 Make provisions for sub-committees if necessary. Rule 7 Have language for utilization of alternates and/or technicians. Ground Rules Rule 8 Make provisions for caucusing. Rule 9 Make provisions to change or add to ground rules by mutual consent. Rule 10 Sign all ground rules. 10

11 Ground Rules Rule 11 Assure that no official minutes are taken. Each team keeps their own. Rule 12 Reach agreement on the date the proposals will go into effect. Rule 13 Include provisions to impasse disputed items. SIXTH STEP In the event that any issue remains in dispute at the end of the 30 day local implementation period, local appeals must be filed no later that the designate date. Contract provides for a 75-day period after the expiration of the local negotiations period for the parties at the regional level to attempt to resolve matters that remain in dispute. If parties are unable to reach agreement, the dispute can be appealed to impasse arbitration. EXTENDING WITHOUT CHANGE If you do not wish to negotiate, but prefer to carry over your existing language, you must: 1. Inform management (preferably in writing) of your intentions, and 2. Arrange a meeting for the resigning of your LMOU. 3. The extension of your current LMOU can be indicated in a number of ways. For example, an extension clause could read: It is mutually agreed that the present Local Agreement is to be extended in full force and effect through May 20, /s/--- For the Union ---/s/--- For the USPS 11

12 If management has declared several items to be inconsistent or In conflict (in accord with the Goldberg s ruling) and/or alleges that some items represent an unreasonable burden, but otherwise wishes to extend the current Local Agreement: An extension clause under these circumstances might read: The Local Agreement is hereby extended thru May 20, 2020 with the exception of those items which the Postal Service declared inconsistent and/or in conflict with the National Agreement and/or those items that the Postal Service alleges represent an unreasonable burden the Union disagrees and has submitted the item (s) declared inconsistent to impasse procedure. ---/s/--- For the Union ---/s/--- For the USPS WRITING PROPOSALS There are two basic approaches to writing proposals. The first method is to set forth your proposal in the words you would print in the contract. We recommend that you state your proposed changes in conceptual form. The proposal should identify a problem and suggest correcting the problem without spelling out the details of how to correct it. SAMPLE PROPOSAL IN CONCEPTIUAL FORM Problem: Parents with school age children, even though they have ten years of seniority, cannot get a vacation during the summer school break. Proposal: The Choice Vacation Period should be changed to accommodate the needs of employees. Bargaining Tips Bargain for achievable, realistic goals Negotiate clear, concise language Be well prepared Be prepared to compromise Do not make quick concessions When making a concession, get something of equal or greater value in return 12

13 Bargaining Tips Be flexible Be a good listener When in doubt, caucus Control your emotions Be firm, but not argumentative Communicate the Union s position Be prepared to justify what you are asking for Bargaining Tips Consider the impact of the negotiated language Once an agreement is reached, get it in writing Don t accept abuse Don t argue over positions Don t panic Rules for Successful Negotiations Rule 1 Keep the membership informed in general terms. Rule 2 Try to determine what management's maximum concession will be. Rule 3 Identify what the Union s bottom line will be. 13

14 Rules for Successful Negotiations Rule 4 Educate management about the reasonableness and necessity of the Union s demand. Rule 5 Meet with team members both prior to and after each session. Rules for Successful Negotiations Rule 6 Assign each member of the negotiating team specific tasks, such as researching one Item to be discussed Rule 7 Before agreeing to a management proposal or counterproposal, determine if the change will cause controversy among the membership. Do s and Don ts for Successful Negotiations 14

15 Do s: Analyze the proposal to determine if it is in the best interest of the membership Make effective use of counter-proposals Uphold the Union s position Disagree without being disagreeable Determine from the start the bottom line Plan the Union s tactics in advance Do s: Try to predict the moves management will make and plan counter-moves Review the Union s position prior to each session and/or after (debriefing) Weigh the consequences of each offer carefully Listen carefully and read all proposals and counter-proposals thoroughly Don ts: Arrive late for sessions Interrupt management s presentation of a proposal Make commitments without deliberation. Demonstrate anger Give in too rapidly, even on trivial items Demand the impossible 15

16 Don ts: Allow management to control the sessions Conduct yourself in an unprofessional manner Lose sight of the Union s obligation to the membership 20 Steps to Successful Local Negotiations Step 1 Make sure that members of the Union s team are off the clock during negotiations. Step 2 Set ground rules prior to the date that negotiations are scheduled to begin. Step 3 Notify management, in writing, of the names of all team members. Request the same from them. 20 Steps to Successful Local Negotiations Step 4 Remember, the Union determines who is on its team, not management. Step 5 Rotate meeting sites between the post office and Union office or utilize a neutral site such as a library. Step 6 Insist that the chair is alternated between the Union and management. 16

17 20 Steps to Successful Local Negotiations Step 7 Insist that all proposals and counter-proposals be typewritten by both parties. Step 8 Keep accurate records of all proposals and counterproposals. Step 9 Establish an agenda of items to be discussed prior to each session. 20 Steps to Successful Local Negotiations Step 10 Give each member of both teams a copy of all proposals and counter- proposals. Step 11 Complete negotiations within the time frame specified in the ground rules if possible Step 12 Do not allow management to utilize a bargaining unit employee to take minutes. 20 Steps to Successful Local Negotiations Step 13 Union team members must get permission from its chief negotiator prior to speaking!!!!!!! Step 14 Insist that a private room be available for caucusing. Step 15 Caucus prior to agreeing to proposals or counterproposals. 17

18 20 Steps to Successful Local Negotiations Step 16 Be careful when expressing an opinion which has not been discussed with other members of the Union s team. Step 17 The starting and adjournment times of meetings should be decided by mutual consent. 20 Steps to Successful Local Negotiations Step 18 Negotiations can be conducted during evening hours and on Saturday and Sunday if necessary. Step 19 Do not discuss specific grievances during negotiation sessions. Step20 Keep a cool head. NEGOTIATING CRAFT ARTICLES ITEM 21 OF THE 22 ENUMERATED ITEMS IN THE AGREEMENT COVERS OTHER ITEMS IN THE CRAFT PROVISIONS WHICH ARE SUBJECT TO LOCAL IMPLEMENTATION. 18

19 APWU CRAFTS Clerk Craft Maintenance Craft Motor Vehicle Craft ARTICLE 37 Article 37.1.C Computerized or telephone bidding mandatory when computer bidding becomes available to all clerks in a facility. Where computer bidding is not available, bids can be submitted in writing or by telephone. 19

20 Article 37.2.C Copy of updated seniority list - Employer should provide to union on a semi-annual basis, unless otherwise negotiated locally. Article 37.3.A.1 Newly established and vacant Clerk Craft duty assignments- It should be noted that the time period for posting newly established and vacant duty assignments is 28 days. Your local agreement may not change this time period. Article 37.3.A.1.a.1&2 Full time duty assignments: 1. Newly established full-time duty assignments are posted to full-time employees eligible to bid. 2. Vacant full-time duty assignments are posted to full-time employees eligible to bid. 20

21 Article 37.3.A.4.c The determination of what constitutes sufficient change of duties, principle assignment area (See 37.3E.5), or scheme knowledge requirements to cause the duty assignment to be reposted shall be a subject of negotiations at the local level. Care should be made to prevent minor changes from resulting in reposting. However, such changes as the addition or deletion of schemes, changes in the principle assignment area are of major consideration to employees when a duty assignment is posted initially. Care should also be taken to protect the rights of the entire bargaining unit, when negotiating provisions that would determine when a duty assignment should be reposted. Provisions which allow the incumbent the option to keep a duty assignment when changes are substantial should be avoided; they invite game playing and may circumvent the seniority rights of others. Article 37.3A.4.c [Reposting] What constitutes a sufficient change of starting time to cause a duty assignment to be reposted? 1. No duty assignment is reposted if change is 1 hour or less. 2. Applies to cumulative changes within the life of each agreement. 3. Incumbent option ONLY if negotiated locally. Article 37.3.A.4.c.5&6. [Reposting] DO NOT FORGET Too many LMOU s still specifically refer reposting rules ONLY to FTR s. If you have NTFT s you may want to negotiate that into your LMOU. 21

22 Article 37.3.A.6. Cancellation of bids in writing must be date stamped. Does your LMOU spell out how this will be accomplished? Do you have a clear past practice? Article 37.3.A.7. Incumbents in each best qualified position and salary level are in their own separate category for Article 12 excessing purposes. Local can still negotiate whether or not to split these sections by tour. Article 37.3.B.2 When excessing from a section occurs any duty assignments remaining within the section occupied by Clerks junior to the senior Clerk whose duty assignment was abolished will be posted for bid to currently qualified clerks within the section. [Do not forget when negotiating Sections!] 22

23 Article 37.3.D Job Postings will remain posted for 10 days unless a different length for the posting period is established by local negotiations. Article 37.3.F.2 The successful bidder must be placed in the new assignment within 28 days except in the month of December. The local agreement may set a shorter period. Article 37.F.3.a Normally, Clerks will begin training within 10 days after the posting of the senior bidder, excluding December. Clerks with scheduled leave of a week or longer during 1 st 28 days may chose to begin training upon return from leave. Local may want to negotiate time frames for beginning training or exceptions for short delays caused by illness or absence. Intent of NA is to fill job as quickly as possible. 23

24 Article 37.3.F.3.b & 3.F.4.b Do you want to negotiate required written notice on all bid postings to alert potential bidders that if senior bidder withdraws the next senior bidder will be placed into training during the deferment period? This could be on either: a) the initial posting, or b) the notice announcing results. Article 37.3.F.4.a. Normally, Clerks will begin training within 10 days after the posting of the senior bidder, excluding December. Once again, Local may wish to negotiate language when training might be delayed due to illness or other absence of the bidder. Intent of NA is to fill jobs as quickly as possible. Article 37.3.F.8.c.1, 2 & 3 When senior bidder withdraws from, or otherwise relinquishes, a bid thereby ending the deferment period bid drops to another bidder. Consider negotiating time frames for notifying next senior bidder or placing senior qualified. 24

25 Article 37.4.C Unencumbered employees must be assigned within 21 days after the duty assignment became residual. Consider negotiating mechanics to notify employees and accomplish this. Article 37.3.F.2 Assignment of Successful Bidder: The successful bidder must be placed in the new assignment within 28 days except in the month of December. The local agreement may set a shorter time period. Generally, attempts to shorten this time period have been unsuccessful (AIRS #s 7385, 7391 and 8485). Article 37.3.F.3.a Deferment Periods for Scheme Training: This portion of the Agreement provides that normally, the employee will begin the required training within 10 days after the posting of the senior bidder, excluding December. However, the parties may want to negotiate a time frame to start this training after the senior bidder is identified. Additional language allows for a delay in the start of scheme training if leave was pre-scheduled to be taken within the first 28 days of becoming the senior bidder (posting). 25

26 Article 37.3.F.4.a.b The parties may want to negotiate required written notice on all bid postings to alert potential machine bidders if the senior bidder is not qualified when the posting period is closed, permanent filling of the duty assignment shall be deferred until the senior bidder is qualified on the machine qualification. Article 37.3.F.4.b The parties may want to negotiate required written notice on all bid postings to alert potential bidders if the senior bidder withdraws, or fails to qualify, or otherwise relinquishes, the employee will be returned to his/her former duty assignment and the next senior bidder will be placed into training. Article F.8.c.1, 2 & 3 The parties may want to negotiate the time frames for going to the next appropriate person to fill this duty assignment. Bear in mind when this portion of the bidding process is reached, the assignment must be filled as it is too late to revert the vacancy. 26

27 Article 37.4.C.6.a. If preference eligible Clerk is reached when assigning unencumbereds to lower level residual assignments, the most junior non-preference eligible Clerk in the installation is reassigned to the lower level vacancy and preference-eligible is then assigned to that duty assignment. Consider negotiating mechanics for notice and accomplishing this. Article 37.4.C.6.b.1 Employees receiving saved grade are not required to bid for 2 years. Thereafter, they must bid or apply to former level duty assignments for which qualified or may become qualified by entering a scheme deferment period in order to avoid losing saved grade. Consider negotiating notice to employee at end of 2 years including what they must do to protect saved grade. Arbitration Award Decisions Locals May Cite: They ruled that the principle assignment area should be posted because employees should know where the majority of their work will be assigned such as: Arbitrator William Eaton, W1C-5L-C125 and W1C-5L-C324 (Helena, Montana, March 16, 1985) Arbitrator Robert E. Allen, E90C-4E-C (Aurora, Colorado, February 25, 2000) Charles E. Rider, I90C-1I- C (Des Moines, Iowa, June 6, 1995) and Arbitrator Lamont E. Stallworth, CA, COC-4U-C-3630 (Denver, CO., September 6, 1994) and others. 27

28 ARTICLE 38 Article 38 Section 3.C Application of Seniority Article 38 Section 4.A.4 Reposting Because of Changes: 4. When it is necessary that fixed scheduled day(s) of work in the basic work week for a craft assignment be permanently changed, or that the starting time for such an assignment be changed by 2 or more hours, the affected assignment(s) shall be reposted, by notice of intent. An exception to the requirement to repost an assignment where the change in starting time is 2 or more hours may be negotiated locally. If the incumbent in the assignment has more seniority for the preferred assignment than the senior employee on the preferred assignment eligibility register for those off days or hours, the employee may remain in the duty assignment, if the employee so desires. 28

29 Article 38 Section 4.A.5 5. The determination of what constitutes a sufficient change of duties or principal assignment area, to cause the duty assignment to be reposted shall be a subject of negotiations at the local level. NOTE: It is the APWU s position that the principal assignment area should be negotiated Article 39 Section 1.E. Application of Seniority Article 39 Section 2.A.3 Reposting Because of Changes: 3. The determination of what constitutes a sufficient change of duties, or principal assignment area, to cause the duty assignment to be reposted shall be a subject of negotiation at the local level. 29

30 Article 39 Section 2.A.4 Reposting Because of Changes: 4. No assignment will be posted because of change in starting time unless the change exceeds two hours. Whether to post or not is negotiable at the local level, if it exceeds two hours. Article 39 Section 2.A.6 Calendar Year Re-postings: 6. When requested by the union, all fulltime regular Motor Vehicle Operator Tractor-Trailer Operator and Vehicle Operator Assistant Bulk Mail Craft assignments should be posted for bid once each calendar year. Article 39 Section 2.A.7 Calendar Year Re-postings: 7. All full-time regular Motor Vehicle Maintenance Craft duty assignments may be posted for bid once each calendar year upon mutual agreement between the parties at the local level. Absent such local agreement, Motor Vehicle Maintenance duty assignments shall be posted for bid every second calendar year, when requested by the Union. 30

31 Article 39 Section 2.C Length of Posting: C. The notice shall remain posted for 10 days, unless a different length for the posting is established by local negotiations. Article 39 Section 2.E.2 Assignment of Successful Bidder: 2. The successful bidder must be placed in the new assignment within 21 days except in the month of December. The local agreement may set a shorter period. Other items: Turn Around Time, Coffee Breaks or Anti-Fatigue Breaks for MVO s and TTO s. The end. Thank you! 31