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Non-Profit Org.U.S. Postage
PAIDFort Myers, FLPermit No. 139
THE OFFICIAL NEWSPAPER FOR ALL MEMBERS OF THE SOUTHWEST FLORIDA AREA LOCAL AMERICAN POSTAL WORKERS UNION
HAPPY NEW YEAR
I will remember 2016 as the year ofthe ($5.2 Million) settlement. Our localfought back and won against man-agement. This settlement came withits positives and negatives whichmade it a satisfying yet difficult yearfor all of us. Our local is still workingto resolve the issue of those who stillhave not been paid. I believe that wewill get that issue resolved early in2017 as we have the help of theNational APWU.
I hope that everyone has a veryHappy New Year.
SWFAL-APWU ELECTIONS
I would like to congratulate DannyCarinci, Dave Grant and ScottWiser on being elected asTrustees of the SWFAL-APWU. Iwould also like to thank DanWilliamson for running for the posi-tion as well. The election was veryclose as all four individuals weregreat choices to become a Trusteeof this local.
I look forward to working with thenew Executive Board andTrustees over the next two years.
RI-399 FLATS PREPARATIONFIGHT (PART TWO)
Our local, with the help of ourNBA's and APWU President MarkDimondstein has taken the nextstep in the Fort Myers P&DC FlatsPreparation fight. Our case hasbeen sent to Arbitration. We will
Sam WoodPresident
SWFAL APWU
Southwest Florida Area Local 11000 Metro Parkway, Unit 8 Fort Myers, FL 33966
Alva, Bokeelia, Bonita Springs, Captiva,Chokoloskee, Estero, Everglades City, Felda,
Fort Myers, Fort Myers Beach, Goodland,Immokalee, Labelle, Lehigh Acres, Marco Island,
Naples, Palmdale, Pineland, Placida,Port Charlotte, Punta Gorda, Rotunda,
St. James City and Sanibel
ADDRESS SERVICE REQUESTED
January 2017Volume 27 Number 1
not back down in our efforts to getour APWU Bargaining Unit workback along with the additionalback pay that is owed to our mem-bership.
POSTAL SUPPORTEMPLOYEES
Over the past year, we have foughtto get our SWFAL-APWU PostalSupport Employees (PSE's) con-verted to career. It is important thatwe stand up and fight when man-agement or other craft employeesperform APWU bargaining unitwork. When we fight for our work,we increase the amount of PSEconversions. We can no longerafford to allow management togive away our work and lose thesejobs. Our local can send anyemployee tracking forms to assistin proving when and where andhow the cross craft violationoccurred. Together we will contin-ue to get these PSE's converted tocareer status.
Updating Some Issues Facing OurSWFAL APWU For The New Year
Ballots for the election to fill thethree Trustee positions for theSWFAL APWU were prepared onNovember 7, 2016, by the electioncommittee.
All 491 members in good standingas of October 16 were mailed bal-lots on November 10.
A total of 191 ballots were receivedand picked up at the Page Fieldstation at 9:30 a.m. on Saturday,December 10. At the union halleach of the ballots were verified,opened, co-mingled, and tallied forfinal results.
The election results were asfollows:
Daniel Carinci - 144
David Grant - 123Scott Wiser - 118Dan Williamson - 104
The candidates were notified ofthe results and the election materi-als were sealed in the box. Thepost office boxes will be closedand the rebate given to the localalong with the leftover postagestamps.
I would like to thank Robert Nowalland volunteer retired membersDarla Howard and Jim Lacy for alltheir assistance.
Barbara Carr, ChairmanElection Committee
Report Of TheElection Committee
IN THIS EDITION OF
THE EAGLE’S EYEUpdating Some Issues Facing Our
Our SWFAL APWU For The New Year . . . 1
Report Of The Election Committee . . . . . . . . . 1
Secretary-Treasurer’s Report. . . . . . . . . . . . . . 2
Congratulations And Good-bye. . . . . . . . . . . . 3
Preparing For Our Future BattlesIn The Maintenance Craft . . . . . . . . . . . . . 3
Current Issues Which Need AddressingAt The Fort Myers P&DC . . . . . . . . . . . . . . 4
Union Matters . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Documenting Sick Leave . . . . . . . . . . . . . . . . . 5
Reflections On The New Year . . . . . . . . . . . . . 6
A Management CultureNot To Be Trusted . . . . . . . . . . . . . . . . . . . 6
Trustee Report. . . . . . . . . . . . . . . . . . . . . . . . . . 7
The OIG Wants To Talk To You . . . . . . . . . . . . 8
PROUD MEMBER
2 THE EAGLE’S EYE JANUARY 2017
Southwest Florida Area Local, APWU
11000 Metro Parkway, Unit 8Fort Myers, FL 33966239-275-1007Open 9am-3pm, Monday-Friday
WEBSITE ADDRESSwww.swfloridaapwu.org
PRESIDENTSam [email protected]
VICE-PRESIDENTDan [email protected]
SECRETARY-TREASURERJamie L. [email protected]
CLERK CRAFT DIRECTORGrace [email protected]
MAINTENANCE CRAFTDIRECTOR
Jeremiah [email protected]
MOTOR VEHICLE CRAFTDIRECTOR
EDITORKathy [email protected]
TRUSTEESDaniel CarinciDavid GrantScott Wiser
SAFETY & HEALTHCOMMITTEE
David GrantWendy Skaff
CONSTITUTION COMMITTEEDan Gray, ChairmanGrace BaerDaniel CarinciDavid GrantPaul McAvoyKathy Moyer
ELECTION COMMITTEEBarbara Carr, ChairmanRobert Nowall
NATIONAL MAILING ADDRESSPer Capita SectionAPWU, AFL-CIO1300 L Street NWWashington, DC 20005
FLORIDA POSTAL WORKERThe Florida Postal WorkerP.O. Box 8363Fort Lauderdale, FL 33310www.apwuflorida.org
GeneralMembershipMeetingMinutes
November13, 2016
CALL TOORDER:
9:30 a.m. 14members inattendance.
THE PLEDGE ALLEGIANCE:The pledge was led by: ScottWiser
ROLL CALL OF OFFICERS: Sam, Dan, Jamie, Joe, Mickey.
MAP:Barb told jokes in honor of CharlesGlennon
NEW MEMBERS:John Confalone, John Couto,Shannon Bonnet, CarolynBrockington, Michael Porebski,Jorge Santiago, Gina Freeland,Alit Polat, Woodrow Manning.
EXECUTIVE BOARD MINUTES:Dan G made a motion to excuseKathy and Paul, Dave G second-ed, motion passed. Discussed GiftCard drawing, MVS grievances,2016 COPA award, UpdatingStewards list, Union Area at theplant, TPCU relocation to PageField, RI-399, Local Installation.
SECRETARYTREASURER REPORT: Dan G made a motion to acceptthe minutes as reported in lastmonth’s EE. Mickey seconded,motion passed. Bills paid on time,941 taxes paid, preparing for endof year taxes.
REPORT/SELECTIONOF COMMITTEES/REPORT OFCONVENTION COMMITTES:Constitution committee, Dan Gspoke on Constitution changes.Membership voted, 530-Sec/Treas-Motion to change, Dave G sec-onded, motion passed. 550-Editor-Dan G motion to change, Dave Gseconded, motion passed. 1600-Salaries-Dan G motion to change,Mickey seconded, motion passed.1611-Officer Articles-Dan Gmotion to change, Grace B sec-onded, motion passed. 1612-Steward Articles-Dan G motion tochange, Dave G seconded, motionpassed. All proposed motions tochange were passed. ElectionCommittee-Sam thanked Barb.Barb-472 ballots ready for mailingon Nov 7. Nomoi made motion forcoin toss for tie, Robert seconded,motion passed.
REPORT OF TRUSTEES:Audit on Nov 18, 2016
COMMUNICATIONS:Letter to Dimonstein, Step 3denial, steward changes,
safety/health inspection 11/22/16,LDRC, LMOU, steward changes-Cape.
UPDATE OF GRIEVANCES:NONE
OLD BUSINESS:NONE
NEW BUSINESS:Dave G made motion to form acommittee to consider new UnionHall, Mickey seconded, motionpassed.
LABOR/MANAGEMENT:NONE
GOOD AND WELFARE:The winner of the COPA 50/50drawing was Dave G who won$21.00. The total netted was$42.00. Dave donated $20.00 toCOPA. Incentive Award Winnerwas Connie P. She would havewon $50.00. The pot will go to$60.00 at the next meeting.
ELECTIONS OF OFFICERSAND DELEGATES:NONE
LEFT OVERS:NONE
ROLL CALL OF OFFICERS:Results were recorded.
NEXT MEETING:Robert Nowall moved to have themeeting on Dec. 11, 2016. Mickeyseconded the motion. The motionpassed.
ADJORNMENT:Robert Nowall moved to adjournthe meeting at 10.48.a.m. Paulseconded the motion, the motionpassed.
General MembershipMeeting Minutes
December 11, 2016
CALL TO ORDER:9:30 a.m. 15 members in atten-dance.
THE PLEDGE ALLEGIANCE:The pledge was led by: ScottWiser
ROLL CALL OF OFFICERS:Sam, Dan, Jamie, Mickey, Paul,Kathy. Dave G made a motion toexcuse Joe F, Mickey seconded,motion passed.
MAP:Update from Barb on RoseGlennon, Barb also asked for amoment of silence for Keith,Charles & other members lost.
NEW MEMBERS:Brenda Siggs, George Schofield,Cleopatra Coward, GelisaDieujuste, Lorena McDonald,
Nysheena Boynton, SharinaJohnson.
EXECUTIVE BOARD MINUTES:Trustee Election, Congrats DannyCarinci, Dave Grant, Scott Wiser.Thanks to all who ran. Karen’sHoliday bonus, Installation date,new stewards, RI-399, CD, Districtmeeting, management lying, laborcharges, 12/12/16 open seasonends, changing locks, signaturecards. Sam thanked Mickey &Paul for their devotion and hardwork. You will be missed.
SECRETARYTREASURER REPORT: Going to bank 12/12/16 to with-drawn CD and move to TPCU, endof year taxes.
REPORT/SELECTIONOF COMMITTEES/REPORT OFCONVENTION COMMITTES:Election committee, Sam thankedthem for good job. Barb thankedRobert and retirees who helped.491 ballots mailed, got back 191.
REPORT OF TRUSTEES:Report in The Eagle’s Eye.
COMMUNICATIONS:Email to Vance Zimmerman RI-399 to assist with retirees still notpaid, new steward list, districtunion meeting 12/14/16.
UPDATE OF GRIEVANCES:RI-399 plan of action. Grace Bmade a motion to look into possi-ble agreement with DarylAnderson to represent us on RI-399 with Eboards input. Dave Gseconded, motion passed.
OLD BUSINESS:Arbitration – John Stafford’s reg-istry cage bid. While the arbitratorsaid VP Dan G testimony wascompelling, he ruled against us.
NEW BUSINESS:Health Plan closes 12/12/16
LABOR/MANAGEMENT:Dan G attending meeting 12/14/16
GOOD AND WELFARE:The winner of the COPA 50/50drawing was Dan G who won$24.00. The total netted was$48.00. Incentive Award Winnerwas Keith McGee. He would havewon $60.00. Paul M made amotion to donate Keith’s winningsto Keith’s family, Scott seconded,the motion unanimously passed.The pot will go back to $50.00 atthe next meeting. The Gift carddrawing winners were, Grace Baer$100, Ron Hentkowski $75, ArnoldCurrier $50.
ELECTIONS OF OFFICERSAND DELEGATES:NONE
Jamie RobertsonScretary-Treasurer
SWFAL APWU
Secretary-Treasurer’s Report
See: Secretary-Treasurer’sReportContinued on Page 6
JANUARY 2017 THE EAGLE’S EYE 3
best Clerk Craft Director we haveever had.
Joe Fracek has done so much tocreate jobs and prevent manage-ment from contracting out VMFjobs.
Jeremiah Strunk is an aggressivesteward who will keep manage-ment in its place.
Kathy Moyer has done a fantasticjob editing and producing TheEagle Eye.
Our membership is in good hands.
I would like to say good bye andthank you to Mickey Szymonic forher dedication and work asMaintenance Craft Director for thelast 6 Years.
In closing I would like to say RIP toKeith McGee who passed awaylast month. Keith was a loyal unionbrother, a former steward and aformer SWFAL Clerk Craft Director.
Thank you every one for the ridefor the last 6 years. It has hadmany ups and downs; way moresuccesses than defeats. That isdue to everyone I mentionedabove. Please thank them for theirwork and dedication. Being aunion representative can be a verythankless and stressful job sometimes. I will miss fighting manage-ment for you but need to stepaway.
Goodbye for now.Paul
to have such an outstanding exec-utive board.
Sam is an amazing leader and isthe glue that has kept this union sosuccessful for so many years.
Dan Gray is probably the mostknowledgeable union representa-tive when it comes to the contractthat I have ever seen. I would puthim up against anyone in thecountry as far as contractual lan-guage.
Jamie Robertson is as dedicated asteward as I have ever seen. Shealong with raising a family is alsothe Secretary Treasurer and allthose duties spread her pretty thin.
Grace Baer IS an amazing stew-ard, and will be in my opinion, the
I would like togive congrat-ulations toD a n n yCarinci, DaveGrant andScott Wiser,for beingelected astrustees forour SWFALAPWU.
I would also like to thank DanWilliamson for stepping up andrunning for the Trustee position. Itwas a very tough decision to pick 3of 4 friends, especially knowingthey would all do a great job. I amsure many others felt the sameway.
The membership is quite fortunate
Congratulations And Good-bye
Paul McAvoySWFAL APWU
As weembark upona new year,and thebeginning ofmy own termas yourMaintenanceCraft Director,I would like tostart by takingthis opportu-nity to thankour formerMaintenance Craft Director MickeySzymonik for all the dedicationand hard work she has put forth inrepresenting us as a MaintenanceCraft Director and union steward.
Mickey is a great wealth of knowl-
edge within our craft and can bevery helpful to those of you whohave questions concerning a mul-titude of issues. Changes of whomperforms what tasks within ourunion does not change the factthat this union belongs to all of usand we are only as strong as weare united.
I have recently been trying to talkto many of you from the differenttours to gauge where we are onthe issues that face our craft.
There are many issues we arefaced with, but if we are going towin these battles it is going to takeour membership within the mainte-nance craft to join together unitedas one and decide that ALL these
issues are important to each andevery one of us.
That means YOU need to getinvolved in your workplace envi-ronment if YOU want change. Stopinternal feuding with one anotherand unite for the cause.
We need statements on bargain-ing unit work being performed bysupervisors, bargaining unit workor routes being improperlyinputted as complete by supervi-sors when the work was only par-tially, or better yet, never done.
These are jobs and or work that isbeing taken away from YOU andyour fellow employees of todayand tomorrow.
In closing, remember to stand unit-ed, fight for jobs and never beintimidated.
I guarantee that this local and yourstewards will fight for you at everystep along the way if you are everthreatened or retaliated against bya supervisor for filing a grievance.
This union has fought countlesshours with numerous dedicatedpeople to ensure your rights arenot violated. Now the rest is up toyou.
Your stewards will need your helpto fight this fight and I will needyour help, but rest assuredTOGETHER WE CAN BE VICTO-RIOUS!
Preparing For Our Future BattlesIn The Maintenance Craft
Jeremiah StrunkMaintenance Craft
DirectorSWFAL APWU
4 THE EAGLE’S EYE JANUARY 2017
Please clockon to theoperation youare working.Do not stayon your baseoperation ifyou are notworking it.
This becomesan issue indetermining ifa grievance exists and proving aviolation may have occurred.
The Union has the burden of proofin contractual grievances and ifyou claim to be working in oneoperation improperly, but failed toclock over management will usethis against you and the Union inthe grievance process.
We are having major issues withemployees working outside theirsection on straight time and over-time, but not being clocked over tothe right operation. The Union can-not prove a principle assignmentviolation or an overtime violationoccurred when you failed to clockover to the right operation that youwere on.
Remember when you are broughtin for your Non-scheduled day off,holiday or you are on overtime,you do not hold a right to your bid.
You are brought in for your sectionas defined in your LMOU. You can-not displace an employee on theirregular scheduled day of workfrom their “Principal AssignmentArea”.
There is now a clearly definedremedy from a recent arbitration inregards to being improperly dis-
placed from your “PAA”. The arbi-trator ruled that an additional fifty(50) percent of an employee’sstraight time rate for all timeimproperly displaced in violation ofthe Mail Processing Clerk MOU asthe appropriate remedy.
So, if management is constantlydisplacing you from your “PAA”with a junior clerk, someone fromoutside your “PAA”, or someoneon overtime, holiday or non-sched-uled day, off ask to see your stew-ard and file a grievance.
We are still having issues withemployees being issued disciplineand then failing to grieve their dis-cipline within the 14 days requiredby the Collective BargainingAgreement.
Remember if you are issued aLetter of Warning, Notice ofSuspension, or Notice of Removalit is your responsibility to ask tosee your Union Steward andgrieve the discipline. Your unionsteward is not notified that youwere issued the discipline.
YOU are the one that is notified bymanagement when they hand youa copy of the discipline and ask foryou to sign receipt. So please pro-tect yourself and grieve the disci-pline
It constantly amazes me when Ihear from an employee that theirunion steward should have knownto grieve the discipline since thesteward was at the employee’sinvestigative interview.
Management does not notify thesteward that you are given the dis-cipline. Again, YOU are the onethat is notified. If you fail to tell
Daniel M. GrayVice PresidentSWFAL APWU
site www.apwu.org and print themat home.
Please if you have a medical con-dition that meets the requirementsof FMLA submit the proper docu-mentation to protect yourself.
One subject that is constantly rais-ing its ugly head and shouldn’t behappening, concerns employeessigning their PS form 3971Request for or Notification ofAbsence. It is a big mistake to signthese forms without reading ormaking sure the information onthem is correct.
When you sign you PS Form 3971you are agreeing that the informa-tion on the form is correct. Pleasereview the 3971 prior to signing it.
If you do not agree with what is onit (i.e. leave type, dates, sched-uled, unscheduled, FMLA, etc.)correct the information or haveyour supervisor correct it.
If your supervisor refuses to cor-rect the disputed information,politely refuse to sign the form andask to see your Union Steward.Simply signing the PS Form 3971with incorrect information maycome back to haunt you in thefuture.
Please take a little time and edu-cate yourself by going towww.apwu.org. All handbooks andmanuals are available there foryou to view and become moreinformed.
Remember if you have any ques-tions or concerns please ask tosee your steward.
your steward and grieve your dis-cipline within the 14 days allowedper the Collective BargainingAgreement, you will now have thediscipline in your file for the nexttwo years.
YOU have no one to blame, butyour own self. If you are unable tocome into work and receive thediscipline in the mail, immediatelycontact the Union Office so thelocal can start a grievance on yourbehalf remember you only get 14days to grieve your discipline.Please do not wait to the lastminute.
FMLA submitted documentationrequests still seem to be an issue.
If you request FMLA leave, submitthe APWU form and the FMLAcoordinator denies your requestask to see your Union Steward tofind out if the denial is justified.
I have seen numerous denialswhere the FMLA coordinator isasking for more information fromthe employee than is required orallowed.
Management cannot force you tosubmit the Department of LaborWH-380 forms. The Department ofLabor WH-380 forms are optionalforms.
If you submit an APWU form and itis filled out by your health carepractitioner correctly managementmust accept it. The APWU formscontain the information that isrequired by law to have FMLAapproved.
You can download the APWUforms to take to your health carepractitioner from the APWU web-
Current Issues Which Need AddressingAt The Fort Myers P&DC
JANUARY 2017 THE EAGLE’S EYE 5
I hope every-one enjoyeda happy,healthy andjoyous holi-day seasonwith yournearest anddearest familyand friends.As we allwork for theP o s t a lService though, chances are youspent much of that time with yourco-workers, which can also affordits own rewards.
As we enter into the New Year, Iam facing the impending retire-ment of two of my favorite peoplethat I have spent over a decadeworking within the MOS office.Doree Waggoner and Gina Delanowill be retiring at the end of
Mickey SzymonikSWFAL APWU
written this article, theMaintenance Department suffereda grave loss when formerMaintenance Craft Director, formerSteward, and longtime friend,BEM Keith McGee succumbed toa fatal heart attack at our Plant.
Our hearts are breaking as well.Special thanks to Lou Cimra, whowas with Keith at the time and kepta level head through a traumaticsituation. He followed the correctprocedure all the way. SupervisorEddy Ramos also stepped up andresponded to the situation withoutfirst having to call a higher-up tosee how the emergency should behandled. Several maintenanceemployees assisted during theemergency and did exactly whatthey should. And they did every-thing they could. Thank you all.Keith, my friend, you will be sorelymissed.
February after 30 years with thePostal Service.
Everyone in the MaintenanceDepartment knows that these twowomen have been the invaluableheart and soul of MaintenanceOperations Support. All will missthem, but none more than me.
Well, that's not entirely true. Myother great friend and MOS co-worker Jeff Nunn will be as bereft,but he's also got 30 years in andcould leave at any time. That'sanother sad goodbye for anothertime.
Be sure to take the time to thankDoree and Gina, our Union sisters,for the years of service and sup-port they have provided.
In related news, I will be steppingdown as the Tour 2 Maintenance
Steward. Our Union sister KathyParent remains as a Tour 2Steward and I am hoping that oth-ers will step up to help her in rep-resenting our Craft.
So come on my younger Unionsiblings and our newly convertedformer PSE's, take up the mantlewith renewed fervor and give theold guard continued strength, sup-port and hope. It can be rewardingin many ways.
For my part, I'll be here for severalmore years. As a proud Unionmember I will continue to provideany assistance I can render andbe a sounding board and a shoul-der to lean on.
Solidarity, Prosperity, Peace
Addendum:On December 7, 2016, after I had
Union Matters
Thank youSWFAL mem-bership ande x e c u t i v eboard forallowing meto serve asyour trusteefor the pastfour years.
I ask for yourc o n t i n u e dsupport as I transition into theposition of Clerk Craft Director.
A special thank you to former ClerkCraft Director Paul McAvoy for theoutstanding job he has done forthe local over the past six years. Iam grateful for his invaluableassistance and kind encourage-ment as I take over the job he hasdone so well for so long.
I look forward to representing theclerk craft and serving on the finestexecutive board in the nation.
Too many employees are riskingattendance discipline by ignoringmanagement requests for FMLAcertification, medical documenta-tion, and investigative interviewappearances.
Even the most procedurally defec-tive attendance discipline can bechallenging to defend if yourabsences are not properly docu-mented. Do not wait until you arefacing removal from the Service tonotify management of your circum-stances and provide supportingdocumentation.
Take your job seriously and mini-mize your unscheduled absencesby providing advance notice when-ever possible. Too little too latecould mean the end of your career.
Sick leave is a negotiated benefitthat ensures you will get paid fortime taken off from work due topersonal illness or the need tocare for a family member.
Unsurprisingly, the Postal Servicerequires documentation for sickleave used under certain condi-tions. Sick leave documentationrequirements are explained in sec-tion 513.36 of the ELM and arequoted verbatim as follows:
513.361 Three Days or LessFor periods of absence of 3 daysor less, supervisors may acceptthe employee’s statement explain-ing the absence. Medical docu-mentation or other acceptable evi-dence of incapacity for work orneed to care for a family memberis required only when the employ-ee is on restricted sick leave orwhen the supervisor deems docu-mentation desirable for the protec-tion of the interests of the PostalService. Substantiation of the fam-ily relationship must be provided ifrequested.
513.362 Over Three DaysFor absences in excess of 3 days,employees are required to submitmedical documentation or otheracceptable evidence of incapacityfor work or of need to care for afamily member and, if requested,substantiation of the family rela-tionship.
513.363 Extended PeriodsEmployees who are on sick leavefor extended periods are requiredto submit at appropriate intervals,but not more frequently than onceevery 30 days, satisfactory evi-dence of continued incapacity forwork or need to care for a familymember unless some responsiblesupervisor has knowledge of the
employee’s continuing situation.
513.364 Medical Documentationor Other Acceptable EvidenceWhen employees are required tosubmit medical documentation,such documentation should be fur-nished by the employee’s attend-ing physician or other attendingpractitioner who is performingwithin the scope of his or her prac-tice. The documentation shouldprovide an explanation of thenature of the employee’s illness orinjury sufficient to indicate to man-agement that the employee was(or will be) unable to perform his orher normal duties for the period ofabsence. Normally, medical state-ments such as “under my care” orreceived treatment” are notacceptable evidence of incapacita-tion to perform duties.
In almost every instance, it is bet-ter to provide documentation asrequested, and grieve the propri-ety of management’s request later.
Keep in mind your documentationdoes not have to contain a diagno-sis or prognosis, merely a reasonfor incapacitation (e.g. on medica-tion and unable to drive, recoveryperiod from surgery or hospitaliza-tion, communicable illness, needsprescribed bed rest, etc.).
You are responsible for informingmanagement of the circumstances
of your absence, providing ananticipated return to duty date, andupdating the status of your med-ical condition or your family mem-ber’s condition if circumstanceschange.
Failure to provide documentationcould result in your sick leavebeing charged to annual leave,LWOP, or AWOL at management’sdiscretion.
Management may also requiremedical clearance for return toduty after an extended period ofleave. The requirements differ forFMLA leave and Non-FMLA leave,so be sure to check with a stewardif you have any questions aboutrequested medical clearance.
Finally, always review your 3971’sbefore signing them. If you havecalled out using normal call-in pro-cedures, and requested more thanone day of leave, IVR will notrecord those additional days asscheduled even though you haveprovided advance notice.
Ask your supervisor to properlyschedule the additional days or fillout your own leave slip. You havethe right to have your absencesrecorded correctly. A signed 3971becomes an official document ofrecord, so please read it beforesigning it!
Documenting Sick Leave
Grace BaerClerk Craft Director
SWFAL APWU
6 THE EAGLE’S EYE JANUARY 2017
attitude going for 2017! We stillhave a second part to the RI-399dispute and we want to be victori-ous in that effort.
I’m reminded of how far we havecome; from the 2 hour lunches tonow seeing our children workingnext to us.
I am also reminded how short lifecan be when remembering thosewe have worked with that are nolonger with us.
A little reminder for the New Year:
live life to the fullest, be kind, helpout those who you can help andalways be quicker to smile than toargue. (Ya - that's coming fromme).
In the coming New Year we haveto remember to make the most ofevery experience and live life tothe fullest. It’s the best way to liveour daily lives.
I hope you and yours have a veryhappy, healthy, and a full NewYear.
I recently wasreflecting onthe year thathas justended. Yes -2016 has nowgone down inthe historybooks.
I have to sayfor the mostpart it was thebest year ofmy life so far.It was also a
very good year for our SWFALAPWU.
The R-399 was not only a niceresult from the years of litigationbut the party that followed, to mewas a highlight of a victory thatwas hard won. (Not to mention mybest birthday, ever!)
Yes, the money was nice and tosee so many coworkers that I havebeen sharing this postal journeywith was really good for the soul.We battled together and shared inthe victory. We need to keep that
Joe FracekMotor VehicleCraft Director
Ft. MyersLead Steward
Page FieldSWFAL APWU
Reflections On The New Year
LEFT OVERS:Sam thanked those who ran thisyear and congrats to those whowon.
ROLL CALL OF OFFICERS:Recorded
NEXT MEETING:Robert Nowall moved to have themeeting on Jan 22, 2016. Jamieseconded the motion. The motionpassed.
ADJORNMENT:Robert Nowall moved to adjournthe meeting at 10.40.a.m. Mickeyseconded the motion, the motionpassed.
Secretary-Treasurer’sReportContinued from Page 2
The USPS isvery depend-ent on a qual-ified andc o m p e t e n tw o r k f o r c e .Moving themail requiresmany peopleto do manythings - inother wordsthere aremany workingparts.
One would think the USPS wouldvalue their employees very highlysince they are key to the success
of the entire operation. Therefore apolicy of valuing employees anddeveloping a postal workplace cul-ture which values employeeswould seem to be a key goal ofpostal management. However, sooften it is not the case.
A policy or a culture of an organi-zation has to start at the top. Thepostal service has often talked bigabout valuing employees, butended up lacking in action.
We have a union contract, right?Ever notice how some in manage-ment go about managing theirsupervisory responsibilities with lit-tle regard to the CBA?
An organization cannot expect tohand down policies regarding“respect and dignity in the work-place”, and then ignore broadswaths of the union contract.Employees can easily see throughmanagement duplicity - sayingone thing as it counsels supervi-sors to something else.
How many times has managementused trickery and deceit to takeadvantage of employees? Thiswas standard operating procedureat one of the locations I worked -Bokeelia Post Office. But that issmall scale and easy to ignore. Anincompetent supervisor jerkingaround employees isn’t going tomake the headlines.
But what about things such as thesecret USPS - Staples deal (whichis no longer secret). USPS man-agement - hiding behind closeddoors, and from the union, agree-ing with Staples to essential sendgood paying postal jobs to lowwage employer Staples? This iswhy workplaces like the BokeeliaPost Offices, and others, exist.Looking up from the lower eche-lons, employees aren’t fooled bytop management’s conduct - theycan clearly see they are being soldout.
How many times have you readabout a fine being levied againstthe Postal Service by OSHA? If anorganization really cares aboutemployees, why does this happenwith such frequency? USPS man-
agers that risk the safety of theiremployees will never be fully trust-ed.
The USPS likes to pretend thatthey have provided remedies formanagement misconduct or work-place issues related to safety.However, the real remedies forbad postal management lie in thegrievance procedure.
Here is where the APWUGrievance Procedure is key. It lev-els the playing field with manage-ment bullies. Without it, postalemployee’s jobs would be underconstant threat. The grievanceprocedure isn’t perfect and no oneclaims it is. However, we are cer-tainly better off with it than withoutit.
The grievance procedure takesissues outside the local workplacefor resolution when local manage-ment refuses to do the right thing.Incompetent and dishonest super-visors can be seen for what theyare. Importantly, their misconducttoward employees can often timesbe abated and corrected.
If a supervisor retaliates againstthe grievant(s), that can also beaddressed. Management repeatoffenders can be identified anddocumented. That is a good thing.
It would be great if postal manage-ment would live up to their wordsand could be trusted. Too oftenthey cannot.
A Management CultureNot To Be Trusted
Kathy MoyerEditor
The Eagle’s EyeSWFAL APWU
JANUARY 2017 THE EAGLE’S EYE 7
TRUSTEE REPORT
November 18, 2016
The Semi-annual Audit by the Trustees of the Southwest Florida Area Local 1279 of the American Postal Workers Union wasconducted November 18, 2016.
Present were Trustees Dave Grant, Grace Baer, and Daniel Carinci. Also present were our Secretary-Treasurer JamieRobertson, who provided the financial records, documents and files necessary for the audit and office secretary Karen D’Angeloassisted us as needed.
The purpose of the audit is to verify that:
1. The financial statements are substantially and materially correct and verifiable.
2. The local received and deposited all dues check off (DCO) monies received from the APWU Headquarters.
3. All disbursements have been properly authorized as required by the Labor-Management Reporting and Disclosure Act of1958, as amended (LMRDA).
4. The Local is in compliance with the reporting and disclosure obligations under the LMRDA and the Internal Revenue Code(IRC).
5. All expenditures are supported by adequate documentation and that said expenditures are for the benefit of the UnionMembers as a group and do not result in any personal gain or private benefit or recognition that would be detrimental orharmful to our Union.
We reviewed bank drafts and statements for the period of July 2016 through October 2016. We verified the copies of thequarterly and annual tax returns, payments for the Dues Check Off (DCO’s) from the National APWU, the Local’s fiduciary bondstatus, leases, mortgage records, source documents, bills, receipts, and COPA contribution logs.
We reviewed documents such as the Constitution and By-Laws, minutes of the General Membership meetings, Executive Boardminutes, Labor Organization Annual Reports, and LWOP Authorized Union Leave records, and previous Trustee reports for nota-tions of any recommendations made.
Our local constitution is being updated to reflect the changes recently passed by the membership. We recommend that theConstitution Committee meet periodically to review any necessary changes to our constitution and by-laws.
The quarterly and annual tax reports and Labor Reports are current as well as the annual 990 report and the LM-3 Reports. Dueto the complexity of the tax forms, a local CPA firm is preparing some of the reports.
All LWOP that is being reimbursed to members has been documented and logged on all reimbursement forms.
With the combined efforts of our trustees and executive board, our cell phone service, landline, and internet service have beenupdated lowering the monthly bill substantially. We are also looking into updating our phone and internet service at the plant aswell.
Copy services at the union office are currently being upgraded to a more reliable company with a brand new copier and betterservice agreement which will also provide significant savings.
In December, our legal defense CD will be moved to Tampa Postal Credit Union.
We wish to thank Jamie Robertson and Karen D’Angelo for their cooperation and assistance in locating records and providingus with the necessary materials to do our audit. We also wish to thank the membership and the Executive Board for their trustin allowing us to serve as your Trustees.
Respectfully,
8 THE EAGLE’S EYE JANUARY 2017
Your ElectedOfficials
President Barack ObamaWeb Site:
www.whitehouse.govE-mail:
[email protected]: 202-456-1414
Fax: 202-456-2461Capital Address:
1600 Pennsylvania Ave. NWWashington, DC 20500
Senator Bill NelsonWeb Site:
www.billnelson.senate.govE-mail:
[email protected]: 202-224-5274
Fax: 202-228-2183Capital Address:
716 Hart Senate OfficeBuilding
Washington, DC 20510-0905District Office:
Tallahassee, FLDistrict Phone: 850-942-8415
Senator Marco RubioPhone: 202-224-3041
Fax: 202-228-5171Capital Address:
524 Hart Senate OfficeBuilding
Washington, DC 20510-0903District Office:
Tallahassee, FLDistrict Phone: 813-207-0509
Our members live in severaldifferent districts. For yourrepresentative’s information, goto www.congress.org. Enteryour zip code and the web sitedoes the rest. You can e-mailmost of your representatives atonce with a click of your mouseat this web site. Their votingrecords are also available here.Check it out! Let them knowhow you feel, it’s your DUTY!
THE EAGLE’S EYE
EDITORIAL POLICY
The Eagle’s Eye is the official pub-lication of the Southwest FloridaArea Local, APWU, AFL-CIO. Theeditor has the right to determinewhether the material submittedshall be printed, and has the rightto edit as needed. It is the policy ofthis newsletter to disallow anyattacks on individuals. Opinionsexpressed are those of the writers,and not necessarily those of theExecutive Board. The deadline forsubmission of all articles is the dayof the monthly membership meet-ing. You must be an APWU mem-ber to submit an article. Name maybe withheld upon request. All arti-cles may be reprinted with propercredit given. Captions/cartoonsmay only be reprinted upon writtenpermission of the editor.
Imagine youa r eapproachedby a pair ofindiv idualswho identifythemselvesas agentsfrom theOffice of theI n s p e c t o rG e n e r a l(OIG) whowish to speak with you. Whoare they, what do they want,and how should you respond?
The USPS OIG was created byCongress in September 1996by amending the InspectorGeneral Act of 1978 and thePostal Reorganization Act of1970. The Inspector GeneralAct as amended provides thatthe OIG may conduct auditsand investigations in the PostalService as it considers appro-priate. Special Agents of theOIG investigate, among otherthings, allegations of employeeembezzlement, record falsifica-tion by employees, worker’scompensation (OWCP) fraudby employees, on-duty employ-ee narcotics violations, medicalprovider fraud, and miscella-neous employee misconduct,including but not limited to mailtheft (internal), employee appli-cation falsification and theft ofproperties or services. One candiscern from this list that theOIG investigates allegations ofoffenses that could lead to ter-mination of employment and/orcriminal prosecution.
It is safe to say that whenapproached by agents from theOIG you are not only part of aninvestigation, you may very wellbe (probably are) the subject ofthe investigation. If approachedby agents from the OIC, staycalm. Note that the reference toOIG agents is plural. They workas a team, in pairs, whichmeans there are two of thembut only one of you. Good cop,bad cop. The first thing youshould do is take action to evenup the sides, level the playingfield somewhat, by making ittwo-on-two rather than two-on-one. As a postal employee youhave the right to have a stewardor Union representative presentduring the course of an interro-gation by the OIG agents so,request a steward and until oneis provided, say no more.Normally, investigations do notstart with the individual employ-ee (you), so more likely than notthe agents already believe you
are guilty of some wrongdoingand now need, and hope, yougive them the rest of the ropenecessary to hang you. If youwork in a small office, chancesare a steward is not going to beimmediately available and theOIG agents may pressure youto continue the interview (inter-rogation) without one. Do not. Itcannot be stressed enough –ask for a steward and thenshut-up until you are provided asteward or Union representa-tive. The OIG agents know youhave this right and they alsoknow you must affirmativelyinvoke this right. Do not ask ifyou need a steward (they willtell you no), demand one beprovided before you continue. Ifthat means theinterview (interro-gation) must bedelayed, so be it.When a steward isprovided, you havethe right to speakprivately with thesteward beforemeeting with theOIG agents.
If you are advisedof your Mirandarights, i.e., youhave the right toremain silent, any-thing you say canand will be usedagainst you incourt, you have theright to counselprior to question-ing, during ques-tioning or at anytime, and asked if you under-stand these rights, you don’tneed a steward, you need anattorney before you continue.Don’t be fooled if the OIGagents tell you not to worry,they won’t prosecute you andits okay to talk to them. TheOIG never prosecutes. Theyput together the Report ofInvestigation (ROI) and turn theinformation over to the USAttorney for possible prosecu-tion; if the US Attorney declinesthey will go to the county prose-cutor. The OIG agents earn‘points’ for the outcome of theirinvestigations so keep that inmind.
If you are not Mirandized andcontinue with the interrogation,the OIG agents may ask per-mission to record the interviewand may only do so only if youagree. Nothing good will comefrom that so the answer is “NO”.The OIG agents may ask if youare willing to take a polygraph
(lie detector) test. Polygraphtests are voluntary so theresponse to this is also “NO”.The OIG agents will ask you towrite a statement for them;again the answer is “NO”. Hellno! Unless you want the pieceof paper containing your writtenstatement to be used to sliceyou into a thousand ribbons,then do it and have a nice life.A ROI without a written state-ment from you may not saveyour job but, what does notexist cannot be used againstyou down the road.
The OIG does not (at least isnot supposed to) propose disci-pline be issued, nor does theOIG issue discipline. The OIG
ROI is supplied to manage-ment. Management then mustconduct their own independentinvestigation to determinewhether or not to issue disci-pline. Part of management’sinvestigation should an inter-view with the employee (you)so when called to answer ques-tions about the information con-tained in the ROI, once againdemand your steward beforeproceeding.
Being the subject of an investi-gation conducted by the OIG isnot ever a good thing. Even ifyou are completely innocent(while rare, sometimes the OIGare completely wrong in theirconclusions), be prepared forthe long haul. Regardless of theeventual outcome, do yourselfa favor from the beginning bynot speaking to the OIG agentswithout a steward.
Reprinted from The NorthernLight, November, 2016
Marty MaterAPWU NationalBusiness Agent
The OIGWants To Talk To You
