CONTINUED ON PAGE 11

H ello, to everyone, hope all is well. The Holidays are fast approaching; let’s keep aware

of our surroundings as we plan and shop. Stay safe. NATIONAL ELECTIONS Did you notice how many ballots were mailed, 195,509 and only 48,909 envelopes were returned… The National Elections are over. First and foremost, I would like to thank the former President Cliff Guffey and the rest of the Leadership Team for their years of service to the APWU. I know we can all agree with former President Cliff Guffey’s statement: “I hope everyone will get behind the new administration. We have tough times ahead and we’re going to need unity.” Congratulations, to the new and re-elected officers of the American Postal Workers Union on their victory. The Miami Area Local looks forward to working with all our APWU National Officers. As always, feel free to call the Union Hall or my cell, 305-301-9975, to speak with me personally. If I’m not there or don’t answer, I will return your call. By the time this article is published I will be in my seventh month of office. WHAT’S BEEN HAPPENING Miami Area Local has been busy. Adjusting to working side by side with

each other has been a challenge, but we realize that we have a Local to care for and that will take priority over everything else. We have had trainings for our stewards at the Union Hall; such as Electronic Grievance System (EGS), which allows us to file grievances online. This process has not yet been fully implemented. The Beginners and Advanced Stewards Classes went well and the stewards were very appreciative of the information presented. There will be more training to come in the near future. Seminars, Conferences and Health Fairs have been attended and that information has also been greatly appreciated, and put into practice. Vice President Eddie Caldwell has been busy taking care of Legislative issues, I hope that everyone have read and acted on his flyer dated September 2013, where he asked that you to continue to fight to “SAVE AMERICA’S POSTAL SERVICE” by contacting your congressperson. Secretary/Treasurer Kevin Baker is doing a great job taking care of our finances. Our Trustee’s are keeping close watch on what is being done with the Local’s finances and they too are doing a great job. 30 OF SOUTH FLORIDA’S P&DC EMPLOYEES WILL RETURN The Miami Area Local is proud to

American Postal

Workers Union Local 172

2500 N.W. 97 Avenue Suite 200

Doral, Florida 33172

SERVING: Miami, Miami Beach, Hialeah, Homestead, & Boca Raton.

REPRESENTING: Clerks, Maintenance and Motor Vehicle

EXECUTIVE BOARD

GENERAL PRESIDENT PAULA M. MULLEN-HADLEY

EXECUTIVE VICE PRESIDENT EDDIE L. CALDWELL

SECRETARY/TREASURER KEVIN BAKER

RECORDING SECRETARY SHARON FORBES

EDITOR / PHOTOGRAPHER DANA SLOCUM

CLERK CRAFT PRESIDENT RICKIE L. MOBLEY

MAINTENANCE CRAFT PRESIDENT OLIVER HARRISON

MOTOR VEHICLE CRAFT PRESIDENT MICHAEL REYNOLDS

BUSINESS AGENTS BOCA RATON - SARAH MATCHETT

HIALEAH - ISMO GUZMAN HOMESTEAD - GWEN GIBSON MIAMI BEACH - MARY GOINS

TRUSTEES LARRY BLACKSHEAR

CYNTHIA HANDY - LANA YIN

TRIAL BOARD DAMIKO GREEN - QUALYN GIBBS

The Miami Postal Labor News is the official publication of the Miami Area Local 172, American Postal Workers Union, AFL-CIO. We are proud to be a member of the POSTAL PRESS ASSOCIATION. Opinions expressed in the MPLN are those of the writer and not necessarily those of the Local or Editor. All material submitted to the Editor must include the writer’s name in order to be published. Articles that are libelous will NOT be published. Articles submitted should deal with issues rather than personalities. The Miami Postal Labor News (MPLN) reserves the right to publish part, all, or none of the material submitted. Articles submitted will not be returned unless accompanied with a returned postage affixed envelope.

The President’s Report

By PAULA M. MULLEN-HADLEY

VOLUME 10, ISSUE 2 NOVEMBER, 2013

Greetings Brothers and Sisters, Another year is quickly approaching and so is some more annual leave to burn and income taxes to file and vacations to take. After all, we've gone through a lot this year, with bids being abolished and reverted, working excessive overtime, having two major facilities closed down, losing members through death, excessing and attrition, PSEs being used as 204Bs and on top of all that the government had shut down. But we are still standing and representing the United States Postal Service. Give yourself a pound (that's a fist to fist) to let you know you're a bad... Thanks to the support of the membership working hand in hand with the shop stewards in fighting against management's effort to undermine the Collective Bargaining Agreement. We have won hundreds of thousands of dollars in grievances against them for doing bargaining unit work and crossing crafts. You all know who you are, keep up the good work and keep getting paid. This is why it is important that that we vigilantly defend Article 1, section 6(A) and Article 7 section 2 of the contract. Do not be deceived by management seduction to convince you otherwise not to file a grievance. You are our eyes and ears on the workroom floor. It is your duty to notify the union of any violations that may occur. Remember united we stand divided we fall, all for one and one for all should be our motto, this union consists of clerks, maintenance and motor vehicle crafts. We are all in this struggle together, but we must keep in mind the sanctity of each crafts. Management's master plan is to eventually privatize the Postal Service, by contracting and outsourcing the work. Pitting one craft against another while constantly cutting jobs and granting special privileges to the supplemental workforce. They will try to divide and conquer; leading you to believe that there is no distinction between duties and responsibilities within the crafts. Do not take the position that it will be less work for you, because that is exactly what they want you to think, while they lull you to sleep and take away your jobs. Under no circumstances should you ever think that they have your best interest at heart. If you don't party, fish, or hang out at the mall with them, then they are not your friend. Snap out of it, stop dreaming that is why we have unions, to protect you from the bear face, lion, jackass that will fire you at the drop of a dime. We constantly have problems with management doing something unethical, unprofessional or unwarranted, which

is their method of operation. They just don't care! On the most part they are only concern about themselves and not physically working, making your life miserable for eight (8) sometimes ten (10) hours a day. So when you do see them doing something wrong as they often will, `Blow the whistle!" If you choose not too and look the other way, you are allowing them to continue to violate the contract, then your favor today will be your job tomorrow. I hope that you will continue to support your shop stewards and officers and not get side tracked by negative workers, who make it a habit of criticizing the union. Most likely they are free loading SCABS with no solutions to offer to the problems. I caution you to stay clear of their negative energy, it can be contagious. There were some brighter moments in 2013, we had a change in leadership at the Local and National level. It was recently negotiated to have thirty (30) previously Excessed employees from South Florida P&DC returned back to the Miami's installation. The Annual Picnic was a success as usual and the Truck Drivers Christmas Party has always been the talk of the town. Some of those events have given me an opportunity to mingle with old friends, whom I haven't seen in a long time. Everyone displayed the spirit of unity and I had a great time. In closing, I would like to leave a message of hope, as we enter into the New Year and that you be of good courage and faith. Fight for your rights, stand up to management's wrong doings, hold your union representatives accountable, attend at least one Membership meeting, be regular in attendance at work and when all else fails, bang in and take some time off to regroup and then get back on the clock. I hope that the next year will bring you more prosperity than the one before and no harm or hazards come to you or your family. I hope that you have a happy, healthy and spiritual holiday. May God Bless and protect you, until we see each other again, Peace! I would like to give these special words of encouragement to my wife Mary -seen here with Congresswoman Debbie Wasserman-Shultz - at the Susan B. Komen Race for Cure to keep up the good work and remember that the race is not to the swift, nor to the strong, but to the one who endureth to the end.

The Executive Vice-President’s Report

By EDDIE L. CALDWELL

Keep Up The Good Work!

PAGE 2 NOV., 2013

Secretary-Treasurer's Report

By KEVIN J. BAKER

O pen Season for changing

Health Plan's is upon us

once again. Open Season

starts November 11th and ends on

December 09th this year. I have

just returned from the APWU

Health Plan Seminar. There are

new improvements to the APWU

High Option Plan that is partnered

with CIGNA. All Lab services are

free, provided you use LabCorp or

Quest Diagnostics. You will have

no out-of-pocket expense, you will

not have to file a claim, and no

deductible to meet. The other Health plan offered by

the APWU is the Consumer

Driven Option which is in

p a r t n e r s h i p w i t h

UNITEDHEALTHCARE. Both

plans offer free Maternity care paid

in full with no deductible. This is a

great benefit for the PSE's who are

eligible for the health plan after

their 360 day break in service.

Postal Support Employees' (PSE)

should remember there is only a

60 day window after your service

break to apply for health

insurance, otherwise you must

wait for open season which luckily

is right now!

The APWU Health Plans theme

for this Open Season is;

"Together. Better Health." The

focus is on preventative care with the Plan and Member working

together to take advantage of all

the FREE preventative services

offered by the Health Plans. Did

you know that only 61% of women

get breast cancer screening even

though it is 100% free?

Early detection is the key to better

health. Your risk for survival

diminishes greatly when you

forego preventative screening and

cancer is found too late. Heart

disease is the greatest killer in the

United States. We all know the

heart attack symptoms exhibited

by men when they grab their

chest, but do you know the signs

of a female having a heart attack

are different. A woman reaching

for her back and sweating is the

signal of heart attack and in both

cases, 911 should be called. Moderate exercise can reduce

heart disease by 25%, as well as

quitting smoking and controlling

our cholesterol through proper

diet. We can do these simple

things TOGETHER to reduce our

risk of heart disease.

Together We Can Improve Our Health!

APWU Steward Training on July 31, 2013

NOV., 2013 PAGE 3

DEAR BROTHERS AND SISTERS, Allow me to take this time to get you up to date. You may have heard that I have filed grievances against all of the stations in Miami and the Beaches for violating the MS47. I will be following the grievances up shortly with grievances in the stations in Hialeah and Homestead. For those of you who may not be up to date on the contract. Our current contract, signed in 2010 (under MOU page 406 Maintenance Craft Jobs), returned previously Subcontracted Cleaning of stations to the maintenance craft. This was done by combining staffing at stations, branches and other facilities within the installation to determine the total custodial staffing of each installation. The service was given two years from the signing to allow for contracts with their vendors to run out, the two years was reached on November 21, 2012. We are approaching three years since this date. In an effort to insure that the last stations have been properly staffed I have allowed almost another year to pass before I began requesting the staffing package as per the MS47, (in an effort to review them) this is required for each station. It is made up of three forms the 4869 (this is called the building inventory) the beginning of the staffing package. Next the 4839 (this is the scheduling worksheet), where day to day work is listed. Finally the 4852 this has your weekly monthly quarterly semiannual and annual along with the final number on line L, showing how many custodians should be at that station. I also requested the form that each one of you should be issued every day, the 4776 (information on this comes from the 4839 and 4852 along with the time for each task) this is where your assignment is written and where you add any other work that may be given to you such as delivering mail, wrapping pallets, or lobby director (which by the way is Higher Level Pay) to name a few, you would also log the time it took to do it. These jobs would be considered other duties (sec 244 of MS47). Other duties should be done after regular custodial work, (unless ordered to at which point you would log it on your 4776 and make a move on the clock to that operation). That clock move is very important, the clock ring and the written assignment is how we go about proving the need for increased staffing. My current grievance is an attempt to ensure the

stations are properly staffed and that custodians are not being misused. A reminder under Article 38 of the contract, it is up to management to supply you with needed work tools such as dust pans, brooms, rakes, soap, bleach, and other cleaning supplies. If you are assigned more than one station it is up to the postal service to make available a vehicle for you to get from one station to the next, the use of your personal vehicle is not mandatory it is on a voluntary basis (Contract MOU page 374). You need to setup a travel account online in order to get paid if you are using your own vehicle. I know many of you may be happy with performing other duties but without proper documentation of your work there is a good chance those duties will be assigned to an existing APWU bargaining unit duty assignment in the facility; if the work falls below 2 hours (Contract MOU page 427). I have filed 2 grievances so far and intend to file many more. We must protect our work and workers. Moving on I have received calls from many of you about abusive supervisors. You do not have to tolerate this, begin by documenting it and file a grievance on each incident. It seems to me that too many of you out there have allowed a sense of powerlessness to take control of your postal lives. I want to share a few rules that I have learned that I hope will help you shake that feeling off. They are called 12 Rules For Radicals over the course of my next few articles I will share them with you along with a few ideas as to how they may be applied. Rule number one “Power is not only what you have, but what the enemy thinks you have.” We have many tools at our disposal to combat hostile supervisors and managers, which many of you may not be aware of. Aside from the grievance process you have a few options depending on if you are a veteran or not, such as EEOs petitions, National Labor Relation Board, Merit System Protection Board just to name a few. Make no mistake, we are at WAR. The stakes are high we must continue to organize as a union and to provide for our families. All members must contact their congressional leaders for good postal reform to save service.

VIGILANCE WINS THE FIGHT!

Maintenance Craft President's Report

By OLIVER HARRISON

PAGE 4 NOV., 2013

yourself a favor and compare other insurance programs to the APWU Health Plan. During open season you can also join flexible spending. In case you are not aware of what the flexible spending is, it is where if you go if you have out of pocket medical bills. You have the option to have it deducted out of your pay check each pay period throughout the year. Then when the bill is due, at anytime you can use the money coming out of your check to pay the bill. It is also tax deductible. It also can be used for any other medical expenses such as over the counter medicine. Normally you are given a card that you can use like a debit card, for only medical products. The flexible spending can also be used for those that have daycare expenses for your children. With this at the end of the year you can recover the money that you used for day care during the year. With both health care and daycare there is a limit to the

I would like to wish everyone a Happy Holiday Season. I know things at

the Post Service get a little hectic during the holiday season. The mail is going to pick up, especially the parcels. There’s also going to be a lot of overtime. During this chaos I don’t want you to forget about open season. Open season is usually during the end of November into December. During open season you can change your health insurance. I would like for you to look at the APWU Health Insurance. In my opinion the APWU Insurance is the best out there and at the best price. I’m not sure if everyone is aware that when you buy our insurance it benefits the Union and makes it financially stronger. If you don’t get sick that much and don’t go to the doctor a lot look at the consumer driven insurance option it’s much cheaper than the traditional insurance payments. Just do

amount that can be allotted. Sometime in November, employees with close to 440 hours of annual leave will receive a letter from the USPS stating that if you wish you can sell 40 hours of annual leave. If you have more than the maximum amount of annual leave and you don’t use it, you will lose it. You also need to be careful about selling your leave especially if you have a lot of overtime. A lot of Overtime and Leave combined can result in more taxes being deducted. During open season, it is also a good time to change your allotment for the Thrift Saving Plan (TSP). You can go onto liteblue.usps.gov on the USPS web site to make those changes. I know that a lot of us will be working a lot of hours during the holidays and will have family in town, I hope for everyone to be safe and enjoy the holiday season.

Clerk Craft President’s Report

by RICKIE L. MOBLEY

T he holidays are here, make sure that your

vehicle is secure and you are aware of your

surroundings at all times.

Open Season dates are Monday November 11, 2013 to Monday December 9, 2013. Robert Miranda is the

Health Plan representative for APWU.

Penalty Overtime Exception - In accordance with

Article 8 of the collective Bargaining Agreement Penalty

Overtime regulations are not applicable for a four week

period each year during December. This year the period begins with Pay Period 26-13 (Nov. 30, 2013) and ends

at the conclusion of Pay Period 01-14 (Dec. 27, 2013).

Motor Vehicle Service Craft Report

By MICHAEL REYNOLDS

Holiday Greetings!

NOV., 2013 PAGE 5

Left to Right: Marzia Palmer, Sharon Forbes, Gwen Gibson, Rickie Mobley, Paula Mullen, Cliff Guffey

(APWU President), Eddie Caldwell, Wanda Graibe, Lana Yin, Michael Reynolds, and Neicey Deantignac

APWU Florida State President, Doris Orr-Richardson

Gwen Gibson, Homestead Business Agent

(From Left to Right) Kevin Baker, Lana Yin, Wanda Graibe, Neicey Deantignac

Former Local Vice President Warren Pearlman

Lana Yin, Shop Steward

Michael Reynolds, Motor Vehicle Craft President Marzia Palmer,

Shop Steward

Robert Miranda, Shop Steward

PAGE 6 NOV., 2013

Chinese goods, accept civil rights violations as part of

their corporate culture. To effectively establish an

organized labor movement within companies that view

civil rights violations as collateral damage for doing

business, it is essential that all civil rights issues be

addressed. In addition to race, sex, religion and national

origin, the Civil Rights Act needs to extend its protection

to include the civil rights of those individuals who

collectively bargain. Given this more comprehensive

approach to civil rights, organized labor would have a

powerful tool in achieving better working conditions,

benefits and a living wage for the working class in

America.

To the Miami Postal Labor News

for being recognized by the

Postal Press Association with another

national award for writing excellence.

A special thanks goes out to the

Executive Board, Union Stewards and

Local Members, who contributed to the

mission of a better newspaper.

Keep up the good work!

From the Desk of the Editor...

By DANA SLOCUM

THE CIVIL RIGHTS ACT

U nder the National Labor Relations Act of 1935,

(NLRA} it is illegal to dismiss workers for trying

to collectively bargain for better wages and

working conditions. Companies, like Walmart, ignore this

act, because the penalties are so small financially, in

relation to the cost of paying their employees a living

wage. The Civil Rights Act, which bars discrimination,

due to race, sex, religion and national origin is not so

easily ignored. Employers, who violate this act, may face a

jury trial, resulting compensatory and punitive damages

considerably higher than that of the NLRA act.

Furthermore, the jury has the opportunity for legal

discovery, which some corporations greatly fear, due to

possibly generating future law suits.

Not surprisingly, since Walmart had to pay out large

settlements for gender discrimination, under the Civil

Rights Act, they are now addressing equal pay and

promotional opportunities for women. In 2013, Stacey

Hodoh, became the first Afro American female GM at

Walmart. As significant as this victory is, more can be

done with The Civil Rights Act as a tool to for the labor

movement. By addressing all possible civil rights

violations that exist in corporate America, the same goals

of the labor movement can be achieved, such as higher

wages, better benefits and improved working conditions.

China, a country with virtually no middle class,

provides our domestic resellers, with manufactured

goods, by paying its workers subsistent wages. Because

of China has a legacy of disregarding human rights, as a

function of profit maximization, it should be no surprise,

that domestic companies that serve as a pipeline for

Wishing everyone a safe and happy holiday season

NOV., 2013 PAGE 7

Hialeah Business Agent’s Report

By ISMO GUZMAN

W elcome, Brothers and

Sisters from Hialeah. As I

write this article we

received the results of the

APWU National Election. A

dramatic change of power has

occurred and now it shall be

interesting to see how it all plays

out. Congratulations to the newly

elected officers. As a member of

the APWU, I don’t wish them

any different than I did with the

incumbents: that is success with

all endeavors to save our jobs at

that level and provide the

support we need at the local

level. Also, to combat the House

of Representatives, Congress

and the U.S Postal Service in

protecting the service we provide

to the American public. As Union

members we must support them.

On the local front, this past

September we received a great

arbitration decision regarding the

use of 204bs in Hialeah. We

came out victorious and now

await the negotiations to

commence regarding the remedy.

This also will most likely be sent

back for the arbitrator to decide.

The amount of monies was too

large to agree upon beside the

fact that also Management has a

different view about how it is to

be paid. This was only the second

decision nationwide to be won

regarding this issue, but it

shouldn’t be the last.

I know there are many more

grievances like these than can be

filed and won. If any of you need

assistance in fi l ing these

grievances do not hesitate to

contact me to see what you need

and what to look for. It’s another

piece of our struggles that we

need to contend with.

Take Care and God Bless

Boca Raton Business Agent’s Report

By SARAH MATCHETT

WE ARE NOT ALONE!

Boca Raton Business Agent, Brunella Vindigni left Boca Raton as a result of a mutual swap. We gained Grace Vasquez but we lost an active, knowledgeable soldier and a friend. We wish her well in her new position in northern Florida. As a result of her relocation, I was asked to assume her position and duties as Business Agent, per her recommendation and the support of fellow Shop Stewards; Julio Rodriguez and Debbie Kritzer. I will serve in the office of Business Agent with the same dedication as I have as a shop steward. Thank you to the Miami Area Local officers for their continued support and the reassurance of Paula Mullen that WE ARE NOT ALONE!

With the absence of the Union’s presence in some offices, we have compromised our past and the uncertainty of our future is presently knocking. We must answer by making management accountable to the contract we agreed upon. By not allowing them the advantage of tiring us out due to filing repetitive grievances or the reporting of obvious contract infractions. Be assured that the hands of justice turn; they may turn slowly at times but they do turn.

Fellow Union members your support is needed. We have two stewards for eight offices in Boca Raton. Please request to see your shop steward immediately for any contract infractions or discipline issues so we may have time to counter or initiate the grievance.

No one can do this alone. Collectively, we are the Union.

PAGE 8 NOV., 2013

CONTINUED ON PAGE 10

Miami Beach Business Agent’s Report

By MARY GOINS

O ften time employees are

surprised and therefore panic

because these visits are

unannounced. Elected officers and

stewards are doing an excellent job

of defending employees, but this

article will remind employees of

their rights. After all when you

exercise your rights to the fullest,

you help protect yourself best.

Unfortunately, Postal Inspectors and

OIG agents have persisted in

c on du c t i n g o ve r l y z e a l o u s

investigations that have resulted in

employees being wrongly accused

and issued notice of removals.

Investigations by Postal Inspectors

or OIG agents usually concerns

alleged employee misconduct in the

workplace, but they also may relate to

alleged violations of the law that could

result in criminal charges. Whenever

Inspectors or OIG agents seek to

interrogate an employee the matter

should be treated very seriously;

employees should always assert their

rights to assistance from a union

representative. It is also important that

employees be alerted not to give oral

or written statements to the Postal

Inspectors or OIG agents unless they

first obtained advice from their

steward and/or attorney.

Before submitting to questions,

employees should confer with a union

representative and ask inspectors of

the nature of the investigation. If the

investigation potentially relates to a

criminal offense the steward should

advise the employee to immediately

inform the postal inspectors or OIG

agents that he or she wishes to

consult with an attorney before

proceeding. Even when employees are

told that what they say won’t be used

against them, if the matter under

investigation is criminal in nature, the

steward or the employee should

advise the Postal Inspector or OIG

agent that the employee wishes to

contact an attorney.

Under no circumstances should an

employee sign any form or make any

statement until he or she has

consulted with an attorney. Even if

an employee’s statement isn’t used,

the employee may be charged in a

criminal proceeding.

Keep in mind that inspectors and

OIG agents are seeking information

that is likely to lead to discipline and/

or criminal charges. It is important

to have a steward present to provide

advice and to actively assist. T h e

steward should attempt to clarify the

facts, and assist the employee in

articulating an explanation.

Employees should become familiar

with their right under applicable

prov is ions of the Nat iona l

Agreement and with landmark court

decisions that come into play during

workplace interrogations, such as

the Weingarten ruling and the

Garrity and Kalkines Warnings.

Article 17.3 of the Collective

Bargaining Agreement states in part,

“If an employee requests a steward

or union representative to be

present during the course of an

interrogation by the Inspector

Service, such request will be

granted.” The Postal Service has

acknowledged that is requirement

applies equally to the OIG.

The right to assistance from union

representatives during investigatory

interviews was upheld by the U.S.

Supreme Court in 1975 in NLRB v. J.

Weingarten Inc. 420 US 251. The

Weingarten rule affords an employee

a right to representation during any

investigatory interview that he or she

reasonably believes may lead to

discipline. It is important that

employees must request union

representation since management (or

Postal Inspectors or OIG agents) are

not required to notify them of their

rights to representation.

Garrity v. New Jersey. 385 U.S.

493 (1967) related to the principle

that public employees cannot be

disciplined or discharged because

they invoke the Fifth Amendment

privilege against self-incrimination.

The Supreme Court concluded that

because employees were coerced by

the employer’s threat of removal, if

they invoke their right against self-

i n c r i m i n a t i o n , s u b s e q u e n t

prosecution of the employee could

not rely on statements of the

employee or the “fruits” of such

statements.

Kalkines v. United States 473 F.2d

1391 [ct.C1973.] case dealt with a

federal employee who refused to

answer questions based on his Fifth

Amendment rights. The court held

that although the employee could

not be discharged for invoking this

right, “a government employer is not

wholly barred from insisting that

relevant information be given; the

public servant can be removed for

not replying if he is adequately

informed both that he is subject to

discharge for not answering and that

that his replies (and their fruits)

cannot be employed against in a

Employees Rights during “Surprise” investigative visits by Postal Inspectors or OIG Agents.

NOV., 2013 PAGE 9

Homestead Business Agent’s Report

By GWEN GIBSON

Dear Brothers and Sisters:

It’s that time of year again! Open Season is here

to make changes to your Health Benefit Plan if

you’re dissatisfied with your current plan. Please

do not overlook the Dental and Vision parts of

your plan.

In August, I had the opportunity to attend an

informative seminar held in Ft. Myers, FL which has made

me more knowledgeable and equipped to assist the

NTFT employees and PSE clerks.

To date, I’m still encountering crossing craft and

bargaining unit issues at the stations. Please continue to

track and document every violation. Let’s not forget that

you, the members, are my eyes and ears. So, do not be

intimidated or afraid of management or too afraid to give

any statements.

Clerks should be aware that management is trying to

conduct Investigated Interviews (I.I.) on employees after

receiving an unsatisfactory outcome from the Mystery

Shopper report. Please be advised that according to a

written agreement with the APWU and USPS, dated

September 15, 2008, it clearly states that Mystery

Shopper or similar programs shall not be used as the

basis for discipline. Management is aware of this and

cannot discipline an employee as a result of the Mystery

Shopper’s findings. As an alternative, they are citing

clerks with ‘Failure to Follow’ instructions. If this

situation occurs with you or any of your co-workers,

request a shop steward immediately @ 305 591-0134.

At Quail Heights and Homestead branches, management

continues to micromanage supervisors. I find these

supervisors to be overpaid clerks with a title, but unable

to make decisions. Clerks you know as well as I that we

need additional clerks at the stations. Some days at Quail

Heights Post Office its more supervisors than there are

clerks. Therefore, let’s return them back to craft and

resolve the shortage of clerks on the workroom floor.

In closing, we must continue to support the vision of the

Union, which is to keep both you and I employed and

receive fairness as postal workers. We can do this by not

only working together, but by staying informed of our

rights.

criminal case.

Employees who are given immunity from prosecution should not expect to

rely on their Fifth Amendment rights as justification for refusing to answer

questions; if they declined to answer questions, the government may

discipline them for failing to cooperate with the investigation. Of course such

discipline is subject to appeal through the grievance procedure.

When an OIG agent presents an employee with a Kalkines Warning, it is

appropriate to ask for the name of the U.S. Attorney who is authorized to

grant the “use of immunity”. In the absence of corroboration that such

immunity was actually granted, a steward may advise the employee not to sign

the Kalkines warning until he or she has consulted with legal counsel.

The most important thing to remember when you are questioned by Postal

Inspectors or the OIG agents is that you have the right to request a union

representative. No one should face a Postal Inspector or OIG interrogation

without the assistance of a union representative or a private attorney. APWU

representatives are trained to assist employees in these circumstances.

PLEASE READ AND RE-READ THIS ARTICLE.

Miami Beach Business Agent’s Report

(Continued from Page 9)

HAPPY THANKSGIVING

PAGE 10 NOV., 2013

CONTINUED ON PAGE 12

announce that 30 of the Clerks that were excessed to another Facility/or Craft will be once again joining us. We would have loved for all of them to return, especially those that are finding it hard in the Carrier Craft, we wish them the best. PSE’S CONVERTED Congratulations!!! We had ten (10) PSE’s converted to career employees in the South Florida Area out of the 399 that were converted. Five (5) in the Key’s and Five (5) in the Miami Area Local. They are Annette Medrano-Miami ISC, Chandra Lester-Miami ISC, Tasha Kindley-Miami ISC, Jared Soto-Miami ISC and Eric Fernandez-Miami P&DC. The Miami Area Local Officers, Shop Stewards and Members are very happy to welcome you all aboard. We wish you much success. BIDS If you would like to have a personal copy of the CLERK ADVERTISEMENT’S, and AWARDS, send your e-mail address to, anitterod@hotmail.com and Tina, our Secretary, will make sure that you get a copy. OPEN SEASON Don’t forget that open season starts Nov. 11, 2013 - Dec. 9, 2013, make the needed changes to your health plan during this time frame. PENALTY OVERTIME EXCEPTION This year, penalty overtime exception period begins with Pay Period 26-13 (November 30, 2013), and ends at the conclusion of Pay Period 01-14 (December 27, 2013). ANSWERS TO QUESTIONS ASKED QUESTION: Can the USPS loan PSEs from one office to another office?

ANSWER: Yes, PSEs can be loaned from one office to another. The contract goes on to say that if the PSEs are used in another District then the PSEs must be counted against both Districts’ PSE cap percentages.

QUESTION: It seems that 204Bs are still around as usual. ANSWER: The 2010-2015 Collective Bargaining Agreement addressed that concern. There is language governing how long a 204B can cover and there are parameters set for why they are running in charge. There must be a specific vacancy or absence that a 204B is covering ‘no less than 14 days and no more than 90 days’. The

APWU takes the position that anything outside of those restrictions are a violation of the contract and Memorandum of Understanding.

QUESTION: I am a full-time regular Clerk and I work in Customer Service where we have non-traditional full -t ime duty assignments (NTFTs). I am not on the overtime desired list, but I am being forced to work overtime. What can I do about that? ANSWER: The Collective Bargaining Agreement does state that, “full-time career Clerk Craft and Motor Vehicle Craft employees who are not on the Overtime Desired List and are in an installation with employees working in NTFT duty assignments in the same Functional area, will not be required to work overtime except in an emergency.”

You would need to request your Steward and grieve this situation. One of the remedies that the APWU is requesting in this scenario is an additional 50% premium for the non-overtime desired list employees. This could also result in a grievance for the OTDL employees being denied the overtime that was forced on the non-OTDL employees.

QUESTION: It seems that every time I request to speak to my Steward, I get the runaround. What can be done about this? ANSWER: The APWU’s position is that a union Steward/employee should be released within two (2) hours of his/her request. If you are having problems with this, please bring this to the attention of your Steward and/or Officers.

QUESTION: If Management makes an announcement that there would be two hours of mandatory overtime at the end of the Tour but cancelled it after one hour. Aren't we entitled to the additional hour since management told us 2 hours? ANSWER: The answer is no; overtime is not guaranteed in instances such as these and can be cancelled. Overtime guarantee is referenced in the Collective Bargaining Agreement under Article 8, Section 8.

QUESTION: My supervisor keeps demanding that I give them a copy of my Step 1 form. Do I have to give them a copy? ANSWER: A Step 1 is an oral presentation. The Step 1 is for our use; we are not required to give management a copy. Always remember, there IS strength

in numbers, even though we are losing

craft employees to excessing and

attrition (retirement, resignation, or

death), we still outnumber those in

The President's Report - Continued from Page 1

Miami Area Local

General President,

Paula Mullen

during the

2013 APWU

Fall Seminar.

NOV., 2013 PAGE 11

AMERICAN POSTAL WORKER’S UNION

LOCAL 172

2500 N.W. 97th AVENUE - SUITE 200 DORAL, FL 33172

ADDRESS SERVICE REQUESTED

NON-PROFIT ORG.

U.S. POSTAGE

P A I D

MIAMI, FLORIDA

PERMIT NO. 172

management, so let’s stick together in our endeavor to

protect our contractual rights and our union.

TO ALL OF THE MIAMI AREA LOCAL

STEWARDS, THANK YOU, SO MUCH FOR ALL

THAT YOU DO!!! There are too many Stewards to

name each one of you.

I WOULD ALSO LIKE TO THANK MIAMI AREA

LOCAL, SECRETARY TINA DORET FOR HER HELP;

SHE IS THE GLUE THAT HOLDS US TOGETHER, AND

WE APPRECIATE HER SO MUCH.

The President's Report (Continued from Page 11)

In closing, REMEMBER! It is imperative that

everyone join our efforts to protect our Union.

Members, please, make it a point to speak to a non-

member and explain why they should become a member

of the very organization that continuously fights for

every aspect of their livelihood.

If you have any questions, concerns, or even if you

have suggestions on how to make our Union stronger,

feel free to contact me, at 305-301-9975 or email me at

pm1am1em1@aol.com.

APWU-EGS Training on

June 12, 2013

Paula Mullen and EGS Instructor Idowu Balogun, Assistant Director A of Maintenance Division, APWU

PAGE 12 NOV., 2013