Committee Assignments & Resolution Book

Transcription

1 24th Biennial Michigan Postal Workers Union Constitutional Convention May 22-24, 2014 Committee Assignments & Resolution Book 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 1

2 2014 Committee Assignments Constitution Committee Meeting in the Eagle Point Cave Name Local (Chair) Amy Puhalski WMAL Pat Comben Farmington Roscoe Woods Michael Mize Flint Gary Klemish Saginaw Theresa Grandquist Michael Barton Jackson Chris Phillips Gaylord Bob Scheele TCAL Finance/Audit Committee Meeting in Friendship Altar Name Local (Chair) Alan Leonard Muskegon Angel Gebstadt Flint Jane Duggan Detroit Ray Novakoski WMAL Joe Gordon Election Committee Meeting at Sound Stage (Thursday) in the Atrium (Friday & Saturday) Name Local (Chair) Laura Bullock Flint Kevin Osak Marcus Smith DDAL Del Loudermilk Muskegon Lisa Borchardt WMAL Rules Committee Meeting in Sugar Loaf Name Local (Chair) Thomas Lothamer SWMAL Vickey Monroe Lisa Jackson CMAL T.Ann Hill-Graves WMAL Mike Payne Saginaw Credentials Committee Meeting in Board Room Name Local (Chair) Dana Gregorich Sandy Rancour Flint Wendy Kempke Jackson Robin Ely Sergeant at Arms Committee Meeting in the Sound Stage Name Local (Chair) Mary Stephenson CMAL Roselle Brissette John Hansma WMAL Randy Barnes SWMAL Sandy Metzger Gaylord Parliamentarian Name Local Steve Wood All committee meeting locations (except for Sergeant at Arms Committee) are located in the Conference Center (see Convention Book for map). 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 2

3 Legislative Committee Meeting in Chimney Rock Name Local (Chair) James Stevenson DDAL Paul Felton John Marcotte Gaylord Motor Vehicle Craft Committee Meeting in Skull Cave Name Local (Chair) Joe Wrobel Chris Fisher WMAL Anthony Brooks Michelle Wilson WMAL Vivian Snitgen John Smeekens Clerk Craft #1 Committee Meeting in Friendship Altar Name Local (Chair) Deb Holmes TCAL James Anthony LaCarroll Dawson Gary Thomas Chris Rose TCAL Jeff Schellinger WMAL Tamara Corkwell CMAL 2014 Committee Assignments Maintenance Craft #1 Committee Meeting in Sugar Loaf Name Local (Chair) Jason Rushing DDAL Joe Hall WMAL Tamara Byrnes WMAL Gary Costello SWMAL Theresa Egeler Margaret Fuchs Maria Estler Muskegon David Hines Jackson Maintenance Craft #2 Committee Meeting in Amphitheater Name Local (Chair) Brenda Snapp Karol Imanse WMAL Daniel Liebold Valerie Dube Eddie Boyd SWMAL Curtis Walker Flint Scott Mursch SWMAL Sterling Bonier DDAL Clerk Craft #2 Committee Meeting in British Landing Name Local (Chair) Jennifer Gilbert WMAL Evelyn Eaton Lorinda Miller Patrick Jones Carol Ferguson TCAL Rebecca Akerman TCAL Dug Risner CMAL Clerk Craft #3 Committee Meeting in Atrium Name Local (Chair) Paul Peebles SWMAL Brenda Fred Heather Gerst Ron Brown TCAL Vince Nichols TCAL Leslie Campbell Saginaw John Canfield Saginaw 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 3

4 Resolutions follow this page Constitutional Resolutions - #1 - #18 Contractual Resolutions - #19 - #48 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 4

5 1 APWU Constitution Article 8, Section 11. (a) & (b) Establish APWU Retiree s Department Retirement Technician as an appointed position Whereas: The APWU Retiree s Department, with 42,000 members, second only to the Clerk Division, receives more inquires on a variety of complex retirement related and internal department business from retiree members, their spouses and survivors, active members, Locals and Chapters than any other APWU headquarters department, and Whereas: APWU Retiree Department staffing consists of one (1) elected Director, and one (1) OPEIU Secretary to administer the department s stated mission and entire workload, and Whereas: The Retirees Department is entirely financially self-sustained, recording an annual average revenue surplus of $340,000 (Source: 2008/mid-2012 APWU Financial Report) absorbed into the APWU general fund; acknowledging that 20% of COPA contributions are generated by retirees, and a majority (approximately 70%) of APWU Health Plan enrollees are retirees accounting for several million dollars annual windfall revenue to the APWU, and Whereas: Article 7, Section 1.(a) empowers the Present with the constitutional authority to appoint necessary staff (i.e. Industrial engineers, economist, financial technicians, etc.), and due to retiree generated revenues, will result in no additional cost to the Union, thereby upholding the core Union principle of representation, and Whereas: Critical to investigating and mitigating complex retirement inquires, often involving serious financial and legal consequences for retirees, their spouses and survivors, active members, Locals and Chapters; a Retirement Technician with expertise as a CSRS/FERS advocate, and a liaison to OPM, USPS Human Resources Shared Services, Social Security Administration, and related agencies would relieve the Department Director to engage in the defined department objectives of: legislative and political activities, organizing, and coordinating educational programs and activities essential to retiree representation, Therefore be it resolved that: the APWU Constitution, Article 8, Section 11 by adding subsection (a) to the current Section 11., and adding subsection (b) to read: With consideration to recommendation(s) by the Retirees Department Director; the APWU President will appoint a Retirement Technician under the administrative direction of the Director, whose duties will consist of: researching, mitigating, and responding to inquiries relating to CSRS/FERS retirement related inquiries; a liaison to OPM, USPS Human Resources Shared services, Social Security Administration, and related agency and such other duties as they may be assigned; whose salary compensation will be credited to and against the Retiree s Department budget. Submitted by: MPWU State Retiree s Chapter (Continued on page 6) 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 5

6 2 National APWU Constitution Article 8, Section 11 (and all related references) Re-Designate APWU Retirees Department to APWU Retirees Division Whereas: APWU Retirees Department membership totals at 42,000 and growing, exceeds that of all APWU Division, except for the Clerk Division, and Whereas: Retirees Department members represent a specific category off membership just as Clerk, Maintenance, Motor Vehicle, and Support Services, with a Director elected exclusively by retiree members; the same as for Division directors who are elected exclusively by the members of their specific Division s category, and Whereas: Retiree leadership and members in the filed recognize that just because they are retired, they are NEVER out of the arena in the struggle to preserve and protect the US Postal Service, earned retirement benefits, health care, Medicare, Social Security, and Medicaid now, and for future retirees and seniors; for if we truly subscribe to: In our unity lies our strength in the struggle together, the Retiree s Department deserves to be recognized as a Division of APWU, Therefore be it resolved: To amend the APWU Constitution; Article 8, Section 11., redesignating Retirees Department to read: Retirees Division, and to change all reference to Retirees Department to Retirees Division where it appears in all Articles, Sections, and subsections of the APWU Constitution. Submitted by: MPWU State Retiree s Chapter 3 National APWU Constitution Article 11, Section 2.(m) Second Paragraph Re-Designate Elected Retiree National Delegate Position as Regional Retiree Representative. Whereas: Candidates for the five National Retiree Delegates to APWU National Conventions, an unpaid position, are required to run on the national officer election ballot; elected only by retiree members (per Art 9., Section 8) of the APWU Retirees Department within their respective Regions, and Whereas: The 2013 National officer election resulted proved Retiree Delegate vote totals exceed that of 71 of 80 elected national officers, with Retiree delegates ostensibly elected to represent retiree member s best interest at National Conventions are in place to be utilized to represent 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 6

7 members and Chapters in their respective Regions, and Whereas: Designating this position as Retiree Representative in each of the five regions provides a field contact person and a bridge between members, Chapters, and the Retirees Department, enhanced to attract well-qualified, motivated candidates to provide quality representation the primary mission based on core Union principles; with fair compensation when assigned to authorized duties, and an automatic delegate to National Conventions, and Whereas: Establishing five Regional Retiree Representatives representing 42,000 members (and growing) gives greater credibility and substance to the position when engaged in legislative/political activities, with the public and in combined efforts with the parent APWU to preserve and protect the US Postal Service, Therefore be it resolved: To amend the APWU Constitution, Article 11, Section 2.(m) Second Paragraph to read: Retirees shall elect the Retirees Department Director and five (5) Regional Retiree Representatives. The Retirees Department Director and each Regional Retiree Representative will have a voice and one (1) vote at the National Convention. The five (5) Regional Retiree Representatives to be compensated when performing authorized duties that may be assigned and shall be paid necessary expenses to attend Retirees Department Conference and the National Convention., and Be it future resolved that the re-designated position of Regional Retiree Representative will become effective with the next national officer elections; and that all reference to National Retiree Delegate changed to read: Regional Retiree Representative in all Articles, Sections, and Subsections of the APWU Constitution. Submitted by: MPWU Retiree s Chapter 4 MPWU Constitution Article 6.2 Locals and Area Locals Financial Assistance Whereas: Current language states that the MPWU provides Financial Assistance in the formation of Area Locals, and Whereas: There are currently Area Locals in all SCF areas, and Whereas: If in the future, something would happen to cause one Area Local to dissolve and another to be formed, the MPWU could possibly be required to pay unknown fees and costs and to what level that the new Area Local would want, and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 7

8 Whereas: Current language obligates the MPWU to this, Therefore be it resolved that word financial be removed from Article 6.2 and would read: The Executive Board actively participates in the development, as well as providing education and assistance, in the formation of Area Locals. 5 Michigan Postal Workers Union Constitution Article 7; Section 1 Dates of the Convention Whereas: Current language in the constitution states: The Michigan Postal Workers Union, AFL-CIO shall convene the same year as the National Convention of the American Postal Workers Union, AFL-CIO, on any Thursday, Friday, and Saturday in April or May. In any week except that which precedes Good Friday, Easter Sunday, Mothers Day, or Memorial Day, and Whereas: Since the convention no longer includes an Installation Dinner on Saturday night, delegates have ample time to return to their homes prior to Easter Sunday, Mothers Day, and Memorial Day, and Whereas: The last sentence allows restricts to only a few weekends for which this convention can be put on, and does not give ample ability to schedule a convention at the best possible rates available, and Whereas: Michigan weather sometimes does not cooperate with holding conventions even prior to April, Therefore be it resolved that Article 7, Section 1 be changed to read: Section 1: The Michigan Postal Workers Union, AFL-CIO, shall convene the same year as the National Convention of the American Postal Workers Union, AFL-CIO, on any Thursday, Friday, and Saturday in April or May. Similar Resolution Submitted by: Area Local Their resolve stated: (That language be stricken from the constitution since the language in question has not been adhered to.) Similar Resolution Submitted by: Traverse City Area Local (same resolve) 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 8

9 6 MPWU Constitution Article 7.4 Written Nominations Whereas: Currently, All written nominations must be received by the MPWU Executive Secretary via US Mail, faxed, or hand delivered, by the close of nominations for the elective office of the MPWU Convention. and Whereas: When this section was written, laptop computers were still in their infancy and not as prevalent as they are today, and Whereas: Depending on the location of services offered by the hotel that the convention will take place, some hotels charge for fax service, and Whereas: Portable Document Format (PDFs) is the new faxing of the 21 st Century, Therefore be it resolved that Article 7, Section 4, last sentence, be changed to read: All written nominations must be received by the MPWU Executive Secretary via US Mail, fax, (PDF), or hand delivered, by the close of nominations for the elective office of the MPWU Convention. 7 MPWU Constitution Officers Filling of Vacant Position(s) Article 10 & Article 11 WHEREAS: Article 10, Section 4.C states: In the event the office of President is vacated: the Executive Secretary shall immediately call a meeting of the Executive Board and elect a President to fill the unexpired term. Nine (9) members of the Executive Board shall constitute a quorum for such a meeting. The two-thirds (2/3) majority of those present and voting is necessary for election., and WHEREAS: Article 10, Section 4.D states: In the event the President is temporarily unable to perform the duties of his/her office, up to one hundred (100) days, this responsibility and authority shall rest with the senior member of the Executive Board. Any absence in excess of one hundred (100) days, provisions of Article 10.4.C. will apply. The senior member of the Executive 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 9

10 Board shall be determined by continuous time spent on the Board as an elected member of the Board. When two or more members have the same seniority, total continuous service with the USPS shall govern, and WHEREAS: Article 11, Section 1 states: The President shall fill all vacancies, for any cause whatsoever, until such vacancy is filled by an election. and WHEREAS: Article 11, Section 1 is in violation of Article 10, Sections 4.C and 4.D, and WHEREAS: Article 10, Sections 4.C and 4.D address the procedure(s) for when the President s position has either been vacated or when the President is temporarily unable to perform their duties, THEREFORE BE IT RESOLVED: Article 11, Section 1 be amended to read:.the President shall fill a vacancy, for any cause, except when the vacancy is that of the President himself or herself, until such vacancy is filled by an election as outlined in Article 10, Sections 4.C and/ or 4.D. Submitted by Area Local 8 Michigan Postal Workers Union Constitution Articles 10 & 11 Combining of Executive Secretary and Editor Position Whereas: Current membership levels along with current financial with the Michigan Postal Workers Union requires that cuts must be made, and Whereas: These cuts should be made where it would not affect representation of the membership at all, and Whereas: One way to achieve this goal, is to combine duties of officers where their positions sometimes mirror that of the other office, and Whereas: The Executive Secretary should be responsible and present a single front for all communication from the Michigan Postal Workers Union, and Whereas: One such office that can successfully combine is the Editor s position into the Executive Secretary s position, and Therefore be is resolved that Article 10, Section 1 is changed to read: The Executive Board and Officers of the Michigan Postal Workers Union shall consist of the President, Secretary- 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 10

11 Treasurer, Executive Secretary, Director of Education, Human Relations/Compensation Director, Legislative Director, Three (3) Craft Directors, Area Directors, and Veterans Director. Such Officers shall be elected in the manner as described in Article 7, Sections 4, 5, and 6., and Be it further resolved that Article 11, Section 3 be changed to read: Section 3. Executive Secretary: The Executive Secretary shall keep a complete record of all proceedings of the Michigan Postal Workers Union, AFL-CIO, including Convention and meetings of the Executive Board, and shall furnish a copy of such records and proceedings to the President within sixty (60) days thereof. Convention proceedings shall include all written reports of officers, and committees, the complete list of all delegates, Officers, and distinguished visitors in attendance. If the record of the MPWU Convention indicates a change to the MPWU Constitution, the Executive Secretary shall create and present to the MPWU President a proposed Amended Constitution within 60 days of the MPWU Constitutional Convention. The Executive Secretary shall provide copies of all Constitutional Resolutions to the Constitutional Committee Members, two (2) weeks prior to the State Convention. The Executive Secretary shall perform the duties of editing and publishing the official paper of this Union, The Michigan Messenger, six (6) times each year. The deadline for submission of articles for any issue of the Michigan Messenger shall be included in each edition of the Messenger. The Michigan Messenger will be sent to the publisher no later than five (5) days after the deadline for submission of articles for that same issue. He/she shall develop and maintain the Michigan Postal Workers Union s emergency communication network. He/she will encourage MPWU affiliated locals and their editor to join and belong to the National Postal Press Association and the Michigan Labor Press. He/she is authorized to attend the National Postal Press Association and Michigan Labor Press conference with necessary expenses and lost time, as financially appropriate. He/she shall also maintain any address files necessary to cover all those, not members of this Union, who have been authorized to receive the Michigan Messenger. The salary of the Executive Secretary shall be $1, (Twelve Hundred Dollars) annually. Be it further resolved that Article 10, Section 6 be deleted in its entirety due to the above language is sufficient and already stated within the constitution, and And be it further resolved that the Constitution be changed to reflect the deletion of Editor throughout and changed to Executive Secretary where applicable. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 11

12 9 MPWU Constitution Article 11, Section 2 Duty of Officers Treasurer Whereas: At the 2012 Convention, the motion was passed that the Treasurer must use Quick- Books or another recommended financial program from the audit committee, and Whereas: This was a one-time directive to the treasurer to ensure that all the financial records were computerized and assessable, and Whereas: The way the motion was written, it states that within 90 days after this convention ends, thus directing the Treasurer to convert the records every two years after each convention, Therefore be it resolved that Article 11, Section 2, last sentence be changed to read: The Treasurer will ensure that all financial records/information are regularly inputted and updated into QuickBooks. 10 MPWU Constitution Article 11, Sections 4 & 6 Duty of Officers Director of Education (and Area Directors) Whereas: Currently, the MPWU is mandated to have at a minimum, two (2) official Area Meetings shall be held in the State Constitution Convention year, and one (1) official meeting held in the Educational Assembly year. The area meetings will be rotated with three (3) areas to be determined numerically and Whereas: Due to the shrinking size of locals, some are no longer able to either host or send stewards to District Meetings, and Whereas: By requiring meetings to be held only in rotation could possibly cause issues in safety (e.g. driving to the UP in the dead of winter from Lower Peninsula.), and Whereas: The current language does not provide flexibility to change the rotation if needed, and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 12

13 Whereas: Determination of what is a Convention year and an Educational Assembly year has been disputed on numerous times, and Whereas: Numerical rotation may be more costly than allowing a district closer to another district to have their meeting Therefore be it resolved that Article 11, Section 4 (and subsequently the same language in Section 6) to read: As a minimum, one (1) official Area meeting shall be held each year. 11 MPWU Constitution Article 11, Sections 5 Duty of Officers Editor Whereas: Currently, the Constitution reads: The Editor will also be responsible to ensure that a meeting will take place of the editors/designee in attendance at the State Educational Assembly and Constitutional Conventions to discuss items relevant to the issues of the period., and Whereas: At the 2012 Constitutional Convention, the Editor position was taken off as an Executive Board member, and Whereas: To be fiscally prudent, the MPWU is authorizing only Executive Board members to the conventions/assembly to attend the Board meeting, and Whereas: Under the current language, it may be misinterpreted to mean that the Editor would be authorized to attend these meetings, and Whereas: This could cause a fiscal dilemma due to other officers in the MPWU, who are not authorized, Therefore be it resolved that Article 11, Section 5 be changed to read: The Editor will provide guidance to (if not in attendance by telephone) to facilitate a meeting between the editors/ designees in attendance at the State Educational Assembly and Constitutional Conventions to discuss items relevant to the issues of the period. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 13

14 12 MPWU Constitution Article 11, Sections 6 Duty of Officers Area Directors Whereas: Currently, the Constitution reads: Plans for Area Assemblies will be published in the Michigan Messenger, with dates, places, and proposed programs. At least four (4) weeks prior to their respective assembly, the usual publicity will be sent out to all locals., and Whereas: Due to the shrinking size of locals, some are no longer able to either host or send stewards to District Meetings, and Whereas: Depending on the deadline of the Michigan Messenger, information may not have time to be submitted, and Whereas: In the attempt to schedule some meetings, it isn t until the last minute, Therefore be it resolved that Article 11, Section 6, First Paragraph, Last two sentences be changed to read: Plans for Area Assemblies will be published in the Michigan Messenger and on the website, with dates, places, and proposed programs. Immediately following knowing of dates and location and agenda, all locals will be informed by and US Mail. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 14

15 13 MPWU Constitution Article 11, Sections 6.B Duty of Officers Area Directors Whereas: Currently, the Constitution reads: Area Directors may appoint, as necessary, with the approval of the President, an Assistant Area Director, to assist in the functions of the Area Director s office, and to be compensated at the same rate as other officers, and Whereas: This language is not specific as to what officers the assistant is to be compensated at, Therefore be it resolved that Article 11, Section 6.B be changed to read: Area Directors may appoint, as necessary, with the approval of the President, an Assistant Area Director, to assist in the functions of the Area Director s office, and to be compensated at the same rate as the Area Director to which they are assisting. 14 MPWU Constitution Article 11, Sections 6.C Duty of Officers Area Directors Whereas: Currently, the Constitution reads: Area Directors are responsible for reporting to their respective Areas, developments that concern them in other parts of the State. Area Directors are also responsible for representing the views and concerns of its respective Locals to the State. The duties of the Area Directors are to represent the MAL s in their Area and equally represent their Local and Area to the State. The Area Directors duties are also to act as a liaison between the Area membership and the State President. and Whereas: The Area Directors may not even be on the board of their respective local, and Whereas: The President of the local is generally the only officer of the local who can present the views and concerns of their respective local to the State, and Whereas: The MPWU is required to hold meetings with affiliated local presidents to discuss issues, 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 15

16 Therefore be it resolved that Article 11, Section 6.C be changed to delete portions and to read: Area Directors are responsible for reporting to their respective Areas, and representing the MAL s in their Area. The Area Directors duties are also to act as a liaison between the Area membership and the State President. 15 MPWU Constitution Article 11, Sections 6.F Duty of Officers Area Directors Whereas: Currently, the Constitution reads: The Area Directors will submit for publication in the Michigan Messenger two (2) articles per year pertaining to the issues and concerns in the area that they represent., and Whereas: This language is ambiguous in that it doesn t afford either more articles, or Whereas: If space is needed, the Editor could cut an Area Director s article, Therefore be it resolved that Article 11, Section 6.F be changed to read: The Area Directors will submit for publication in the Michigan Messenger a minimum of two (2) articles per year pertaining to the issues and concerns in the area that they represent. 16 MPWU Constitution Article 11, Sections 10 Duty of Officers Veterans Director Whereas: Currently, the Constitution reads: Veterans Director: The Veterans Director must be or have been a member of a branch of the United States Military or their respective Reserves. He/she will work in tandem with the MPWU Education Director to create, develop, and present suitable training and materials to help Union members and their families obtain access 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 16

17 to all benefit programs for Veterans. He/she will be compensated for lost time and expenses in the same manner as other elected Officers, including Convention attendance. He/she whom attends a Craft Conference will be required to submit a written report to the State Editor, for publication in the MPWU State paper. Whereas: This language is ambiguous in that it doesn t afford either more articles, or Whereas: At the last convention, language from all other officers were deleted in reference to Convention attendance, and Whereas: The Veterans Director position was overlooked, Therefore be it resolved that Article 11, Section 10 be changed to read: Veterans Director: The Veterans Director must be or have been a member of a branch of the United States Military or their respective Reserves. He/she will work in tandem with the MPWU Education Director to create, develop, and present suitable training and materials to help Union members and their families obtain access to all benefit programs for Veterans. He/she shall be compensated for lost time and expenses while representing members in accordance with veteran issues. Any lost time in excess of (3) three days per month must be authorized in advance by the President of the MPWU. 17 MPWU Constitution Article 11, Sections 11 Duty of Officers Whereas: Currently, the Constitution reads: All Officers of the MPWU, AFL-CIO will give a written report of their activities, to be printed and distributed to all delegates to the State Convention. All reports will be included in the Convention Officers Reports to the Convention Delegates, at the time of registration. These reports are to be given to the Executive Secretary thirty (30) days prior to the opening day of the Convention. Failure to comply with this provision will result in the Officer not having his/her Convention expenses paid unless excused by the Executive Board. Written notices will be sent by the Executive Secretary, reminding all Officers of their Constitutional Convention requirement provisions. Whereas: The language which states that unless excused by the Executive Board is a possible fox guarding the hen house ideology, and Whereas: The delegates at the convention are the highest governing body of this organization, 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 17

18 Therefore be it resolved that Article 11, Section 11 be changed to read: All Officers of the MPWU, AFL-CIO will give a written report of their activities, to be printed and distributed to all delegates to the State Convention. All reports will be included in the Convention Officers Reports to the Convention Delegates, at the time of registration. These reports are to be given to the Executive Secretary thirty (30) days prior to the opening day of the Convention. Failure to comply with this provision will result in the Officer not having his/her Convention expenses paid. Written notices will be sent by the Executive Secretary, reminding all Officers of their Constitutional Convention requirement provisions. 18 MPWU Constitution Article 11, (New Sections) Duty of Officers Whereas: Currently, language regarding the Auxiliary Chapter is not in the Constitution, and Whereas: The Auxiliary offer necessary assistance to not only the Active membership, but to the families of said members, and Whereas: This committee gives a voice to the families to the State Board and entire organization, and Whereas: Family members are not under the same restraints that active members and employees of the Postal Service face with regards to Hatch Act and other political avenues, Therefore be it resolved that Article 11, add a new Section 15 and renumber afterwards: Section 15. Auxiliary. The Auxiliary Chapter, a subordinate body to the Michigan Postal Workers Union, AFL-CIO, shall serve as a continuing link to the active State Union and Labor movement for APWU/MPWU families to provide family members the opportunity to participate in social, legislative, political, and educational activities to serve the needs of all active and retired members. The MPWU shall include information in on its website and in the Michigan Messenger on a yearly basis to remind members and their family to join the Auxiliary. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 18

19 19 Article 7 (Postal Support Employees (PSE) Memo) Proper Notice of Five Day Break & Break on PSE s 360 th day Whereas: Currently, no where in the CBA does it state when management is required to give a PSE their five day break in between appointments, and Whereas: Any language that does refer to a PSE break is often referred to as covering their Health Plan or any other benefits, and Whereas: It is difficult for a PSE to plan any time with friends and family, or schedule any trips or vacations with the current language, and Whereas: Current language allows management to give a PSE a break anytime during the year, which makes the PSE s reappointment date fluctuate and makes dates for Health Plan eligibility and future five days breaks into question, Therefore be it resolved that the National CBA include language Postal Support Employees (PSEs) shall be scheduled for their five day break upon completion of, and not prior to, 360 calendar days from their date of appointment and Be it further resolved that language also be included that instructs management to inform PSEs of their five day break start date not later than two months prior to the actual date. 20 Article 7 (Postal Support Employees (PSE) Memo) Other Provision Opting into Residual Vacancies Whereas: Current language states: In the Clerk and Motor Vehicle Crafts, where practicable, PSEs will be allowed to opt on a seniority basis for fulltime (traditional and nontraditional) vacant, residual assignments in the installation for which they are qualified and which are not assigned to career employees. Such opting does not create any work hour or assignment guarantees. and, 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 19

20 Whereas: Since the objective of the APWU has always been to create and maintain full-time jobs, and Whereas: The PSE would be filling a full-time vacancy, and Whereas: By allowing management the ability to reduce the amount of hours of that position is detrimental to not only the PSE, but to maintain the full-time duty assignment, Therefore be it resolved that: the sentence: Such opting does not create any work hour or assignment guarantees. be struck from the CBA. 21 Article 8 (Postal Support Employees (PSE) Memo) Scheduling of Work Hours Whereas: Currently, under the PSE memorandum there is no requirement, formula, or model for management to schedule the PSEs, and Whereas: PSEs scheduling can be swayed by favoritism, nepotism, and other negative aspects, and Whereas: While a PSE is able to opt into a residual vacancy, nothing precludes management (at this time) from either adhering to the schedule of said vacancy, and Whereas: By hiring into the Postal Service, a PSE did not give up their life outside the Postal Service to supplement their livelihood, and Whereas: Current language does not preclude management from scheduling a PSE for up to seven days a week, if needed (e.g. 7 days, 5 hours a day, etc.) Therefore be it resolved that: The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process that PSEs will be guaranteed at least one (1) day off per service week. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 20

21 22 Article 8 (Postal Support Employees (PSE) Memo) Scheduling of Work Hours Whereas: Currently, under the PSE memorandum there is no requirement, formula, or model for management to schedule the PSEs, and Whereas: PSEs scheduling can be swayed by favoritism, nepotism, and other negative aspects, and Whereas: While a PSE is able to opt into a residual vacancy, nothing precludes management (at this time) from either adhering to the schedule of said vacancy, or Whereas: There are more PSEs in offices than there are residual vacancies, and Whereas: The Union movement has always been based on seniority, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process that PSEs will be scheduled by seniority (up to 40 hours in a week). 22 Article 8, Section 1 Lunch Period Whereas: In the Non-Traditional Full-Time (NTFT) Memorandum of Understanding, Item # 11, it states: Non-traditional full-time assignments will have no more than 1-hour lunch. Exception: in Post Offices (level 20 and below) where necessary to accommodate the conversion of PTF s to full-time status, split shifts will be permissible., and Whereas: Full-Time Regular employees with many years of service are being forced into positions with a 2-hour lunch period, Therefore be it resolved that: Language shall be added to Article 8, Section 1, which states: No Full-Time Regular employee shall be required to take a 2-hour lunch period. Submitted by Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 21

22 23 Article 8, Section 4 Overtime and PSE Usage Whereas: Currently, under Article 8, Section 4.G (Second Paragraph) reads: When an opportunity exists for overtime for qualified and available full-time employees, doing similar work in the work location where the employees regularly work, prior to utilizing a PSE in excess of eight (8) work hours in a service day, such qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their seniority on a rotating basis. and Whereas: PSEs do not go into overtime until after 40 hours of work, and Whereas: Question 15 of the Article 8 Q&A does not apply due to previous Arbitration awards which states that since PSEs did not have the opportunity to sign the OTDL, they are not party to the requirements of Question 15, and Whereas: While each union is different, both of our sister unions (NPHMU and NALC) both have negotiated the 40 hour rule into their own contracts, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to change Article 8, Section 4.G (Second Paragraph) to read: When an opportunity exists for overtime for qualified and available full-time employees, doing similar work in the work location where the employees regularly work, prior to utilizing a PSE in excess of eight (8) work hours in a service day or forty (40) hours in a service week, such qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their seniority on a rotating basis. Submitted by the Western Michigan Area Local 24 National Collective Bargaining Agreement Article 8, Section 4 PSE s and Overtime Whereas: Postal Support Employees (PSEs) are not on the Overtime Desired list, and Whereas: Postal Management continues to use the PSEs more than eight (8) hours a day and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 22

23 more than five (5) days a week, and Whereas: Local and State unions are spending enormous amounts of time filling grievances for the Overtime List violations. Therefore be it resolved: The American Postal Workers Union shall negotiate changes to Article 8.4.G When an opportunity exists for overtime for qualified and available full-time employees, doing similar work in the work location where the employees regularly work, prior to utilizing a PSE in excess of eight (8) work hours in a service day or forty (40) hours in a service week, qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their seniority on a rotating basis. Full time employees on the appropriate Overtime Desired List, with necessary skills will be selected to perform the work and will be schedule for a maximum of twelve (12) hours in a service day and sixty (60) hours in a service week. Submitted by Area Local 25 Article 8 (Postal Support Employees (PSE) Memo) Scheduling of Work Hours Whereas: Currently, under Article 8, the only requirement is that Any PSE who is scheduled to work and who reports shall be guaranteed two (2) hours of work or pay., and Whereas: PSEs scheduling can be swayed by favoritism, nepotism, and other negative aspects, and Whereas: While a PSE is able to opt into a residual vacancy, nothing precludes management (at this time) from either adhering to the schedule of said vacancy, and Whereas: The Union movement has always been based on seniority, and Whereas: The union previous held in previous contracts that Transitional Employee language regarding 200 man-year offices and more / or less, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process that Any PSE who is schedule to work, and who reports shall be guaranteed four (4) hours of pay or work (in 200 or more man-year offices) and two (2) hours of work or pay in less than 200 man-year offices). 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 23

24 26 Article 8, Section 8.D. Scheduling of PSEs Whereas: A more stable workforce with continued flexibility is beneficial to all parties, and Whereas: It is in the best interest of all parties to have employees who are financially stable, and Whereas: Employees who achieve financial stability are a more committed workforce. Therefore be it resolved that any PSE who is scheduled or requested to work in a post office or facility will be guaranteed at least four (4) hours of work or pay. Submitted by: Central Michigan Area Local 27 Article 10 (Postal Support Employees (PSE) Memo) Annual Leave Carryover Whereas: Currently, when a PSE has unused annual leave, it is paid in a lump-sum at the end of the PSEs appointment and prior to reappointment, and Whereas: PSEs do not earn sick leave and must rely on Annual Leave for emergencies and/or illness, and Whereas: PSEs do not have the ability to save their unused annual leave for a future event or in case of a long-term emergency or illness, Therefore be it resolved that the National Negotiating team be directed to negotiate that PSEs be allowed to carry over their unused Annual Leave into a new appointment, or be paid a lump sum (at the discretion of the employee). Similar Resolution submitted by: Central Michigan Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 24

25 28 Article 10, Section 3.B Leave Quota Whereas: the intent of the Collective Bargaining Agreement is to ensure that all employees are allowed to utilize their earned annual leave, and Whereas: No employee shall have to forfeit any part of their earned annual leave benefit, and Whereas: Not all employees are being allowed to maximize their earned leave benefit. Therefore be it resolved that: All postal installations will guarantee an annual leave quota of at least one (1) per day during choice vacation periods. Submitted by: Central Michigan Area Local 29 Article 11 Holiday Period Whereas: Currently, Article 11.6 of the JCIM states: REMEDIES: The following applies when management improperly schedules employees to work on a holiday: 1. Full-time employees and part-time regular employees who file a timely grievance because they were improperly assigned to work their holiday or designated holiday will be compensated at an additional premium of 50 percent of the base hourly straight time rate. 2. For each full-time or part-time regular employee improperly assigned to work a holiday or designated holiday, the employee who should have worked pursuant to the provisions of Article 11.6 or the LMOU, but was not permitted to do so, will be compensated at the rate of pay the employee would have earned had he/she worked on that holiday., and Whereas: The above also refers to the remedy for untimely posting of the holiday schedule, and Whereas: the Holiday period is for three (3) days, and Whereas: if management does not schedule an employee for their holiday, but only their Non- Scheduled days, there is currently no remedy for this type of violation, 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 25

26 Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to amend Article 11 (and all subsequent sections/areas) that: REMEDIES: The following applies when management improperly schedules employees to work during a holiday period: 1. Full-time employees and part-time regular employees who file a timely grievance because they were improperly assigned to work during the holiday period will be compensated at an additional premium of 50 percent for hours worked. 2. For each full-time or part-time regular employee improperly assigned to work any day within the holiday period, the employee who should have worked pursuant to the provisions of Article 11.6 or the LMOU, but was not permitted to do so, will be compensated at the rate of pay the employee would have earned had he/she worked on that day. Submitted by the Western Michigan Area Local 30 Article 15, Section 2.f. Step 2 Responses & GATS Numbers Whereas: Postal management is the only party in the Grievance-Arbitration Process who can obtain a Grievance Arbitration Tracking Number (GATS), and Whereas: The GATS number is the only means a grievance has to get scheduled for arbitration, and Whereas: Management fails to provide the GATS number on a regular basis, and Whereas: the Union has the responsibility of moving the case forward, and Whereas: The grievance will never be heard at the next step without a GATS number, Therefore be it resolved that: Article 15.2.(f) shall be changed to state: Where agreement is not reached, the Employer s decision shall be furnished to the Union representatives in writing, within ten (10) days after the Step 2 meeting unless the parties agree to extend the ten (10) day period. The decisions shall include a full statement of the Employer s understanding of: (1) all relevant facts, (2) the contractual provisions involved, (3) the detailed reasons for denial of the grievance, and (4) the GATS number., and Be it further resolved that: The union timeline to move the case to the next step will be extended from fifteen (15) days after the date of the GATS number is received. Submitted by Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 26

27 31 Article 16 Discipline (Postal Support Employees (PSE) Memo, Section 2) Full Discipline for PSEs Whereas: Since currently, the only language that provides for any type of discipline in the contract states: PSEs may be disciplined or removed within the term of their appointment for just cause and any such discipline or removal will be subject to the grievance arbitration procedure, provided that within the immediately preceding six months, the employee has completed ninety (90) work days, or has been employed for 120 calendar days, whichever comes first., and Whereas: Currently, the CBA does not cover PSEs with full Article 16 protection, and Whereas: While the National officers were able to provide Just Cause coverage of PSEs, there is still too much ambiguity regarding the actual steps of discipline for a PSE, Therefore be it resolved that: The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to provide PSEs will full protection (to include all steps of discipline) through Article 16 of the National CBA. 32 Article 25 Higher Level Details Whereas: Unionism works on the theory of seniority earning and having benefits, and Whereas: The current language in Article 25.4 forces senior employees into a detail without determining if anyone would volunteer, and Whereas: This language seems detrimental to the basic belief that seniority gives employees more choices, and Whereas: As a general principle, forcing of employees should be done by juniority first. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 27

28 Therefore be it resolved that: the National negotiating teams, during the next Contract negotiation, strive to change the language in Article 25.4 as follows: For details of an anticipated duration of one week or longer to those higher level craft positions enumerated in the craft Articles of this Agreement as being permanently filled on the basis of promotions of the senior qualified employee, the senior qualified eligible, available employee in the immediate work area in which the temporarily vacant higher level positions exists shall be asked if they desire the higher level detail (to continue down by seniority). If no volunteers by seniority accept the detail then, the junior, qualified, eligible, available employee in the immediate work area in which the temporarily vacant higher level position exists shall be selected. Submitted by the Flint Michigan Area Local 33 Article # 33.2 Non-Traditional Full-Time Duty (NTFT) Duty Assignments Whereas: If no craft employee is selected for the promotion, the employer will solicit applications from all other qualified employees within the installation, and Whereas: The Joint Contract Administration Manual (JCIM) states if there are no qualified applicants within the craft, management will solicit applications from other qualified bargaining unit employees within the installation. Therefore be it resolved that: The last sentence of the second paragraph in Article 33.2 shall be deleted and insert the following language. If there are no qualified applicants from the same craft in which the vacancy occurs within the installation, management will solicit applications from outside the installation in the same craft before soliciting bargaining unit employees outside the craft in which the vacancy exists within the installation. If management is unable to fill the vacancy with employees from the same craft, but from outside the installation in which the vacancy exists, other employees from different crafts within the same installation shall be solicited to fill such vacancy. Submitted by Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 28

29 34 Article 37.3.A.8 Obligatory Language Re: 204B Usage Whereas: Currently, under Article 37.3.A.8: Beginning June 1, 2012, 204-B s may only be utilized during the absence or vacancy of a supervisor for 14 days or more and this use is limited to no more than 90 days. Could a different 204-B be utilized for a second 90 day period once the first 204-B (or several 204-B s) completed the initial 90 day assignment? Response: No. The vacancy or absence is normally limited to one 90 day period. Exceptions would only be appropriate in very limited situations (e.g., supervisor on 4 months maternity leave; supervisor on 6 months military leave; or similar situations)., and Whereas: Management is famous for using obligatory language to justify their actions, and Whereas: The word normally refers to a period of time that is ideal and not subject to change, and Whereas: e.g. refers to Examples given, but are not exhaustive, and Whereas: Currently there are numerous grievances at various stages of the Grievance process arguing this same thing, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to remove the word Normally from the JCIM and National Agreement/memos, thus ensuring that 204Bs are limited to 90 days, and Be it further resolved to remove the abbreviation e.g. from the JCIM and provide all exceptions. Submitted by the Western Michigan Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 29

30 35 National Collective Bargaining Agreement Article 37.3 (MOU between the USPS & APWU (Page 422), Section 7) Nationwide Bidding of Impacted Employees Whereas: Many employees are being impacted by the consolidation and/or closures of post offices and facilities, and Whereas: These consolidations and/or closures have created a financial liability to the USPS, and Whereas: There are established vacancies on ereassign all over the United States, and Whereas: All parties want to minimize excessing and the negative impact on postal employees and their families. Therefore be it resolved that clerks in impacted offices will be allowed to bid vacancies in any office of their choice within the United States which are determined to be residual after completion of the bidding/assignment process in Article 37.3, and Submitted by: Central Michigan Area Local 36 Article 37 (Postal Support Employees (PSE) Memo Opting into Residual Vacancies Whereas: Current language states: A PSE may only occupy full-time (traditional or nontraditional) duty assignments in accordance with these rules. This does not prohibit PSEs from working assignments that do not constitute a duty assignment. In the Clerk and Motor Vehicle Crafts, where practicable, PSEs will be allowed to opt on a seniority basis for fulltime (traditional and nontraditional) vacant, residual assignments in the installation for which they are qualified and which are not assigned to career employees. Such opting does not create any work hour or assignment guarantees. and Whereas: Since the objective of the APWU has always been to create and maintain full-time jobs, and Whereas: The PSE would be filling a full-time vacancy, and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 30

31 Whereas: By allowing management the ability to reduce the amount of hours of that position is detrimental to not only the PSE, but to maintain the full-time duty assignment, Therefore be it resolved that language be added that states that PSEs that opt into a residual vacancy assumes the hours and non-scheduled days off of the residual position. 37 Article 37 (Postal Support Employees (PSE) Memo, Section 2) Deferment Days for Scheme Training Whereas: Currently, under the PSE memorandum, Article 37 is not a listed/covered article for PSEs, and Whereas: PSEs are given Schemes to learn, like any other career employee, or face possible termination, and Whereas: Article 37, states that training is to begin with 10 days after being awarded the job, and will enter a deferment period and be provided appropriate combinations of training, testing and practical demonstration of ability to perform in the actual position, and Whereas Article 37 also states that if the employee does not satisfactorily complete the training or withdraws, the employee will be returned to his/her former duty assignment, and Whereas: Currently PSEs are given a scheme, and then provided training randomly and infrequently, thus setting up the PSE for failure, and Whereas: Management uses this failure as reason to remove the employee from the rolls, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to provide PSEs will the same language as Article 37 when they are required to learn a scheme (to include deferment days). 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 31

32 38 Article 37 Non-Traditional Full-Time Whereas: Non-Traditional Full-time positions may be posted for less and a forty (40) hour work week, and Whereas: The APWU/USPS had previously agreed to a 4-10 work week which was wellreceived by a number of our members, and Whereas: For retirement purposes, employees who work less than forty (40) hours are not considered full-time in their retirement calculations, and Whereas: The employer has agreed to maximize the number of Full-time employees and minimize the number of part-time employees, and Whereas: The parties (APWU/USPS) have agreed to identify and call these less than forty (40) hour per week positions, Non-Traditional Full Time. Therefore be it resolved that: The American Postal Workers Union shall work either through their counterparts at USPS Headquarters or through the Contract Negotiation process to make all Non-Traditional Full-time positions forty (40) hours per week. Submitted by Area Local 39 Articles 37/38/39 (Postal Support Employees (PSE) Memo Filling of Residual Vacancies Whereas: Currently, under the PSE memorandum there is no requirement, formula, or model for management to convert PSEs and fill residual vacancies, and Whereas: While a PSE is able to opt into a residual vacancy, nothing precludes management (at this time) from either adhering to the schedule of said vacancy, and Whereas: On March 20, 2014, the APWU and the USPS came to an agreement to provide a framework to fill Residual Vacancies which would result in the conversion of PTF and PSEs into career full-time employees; however, this agreement is only scheduled to last until October 2014, and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 32

33 Whereas: The current language of the National CBA states that: When the Postal Service determines in accordance with contractual provisions that it has needs to fill vacancies with new career employees, available and qualified PSEs will be converted to fill such vacancies on a seniority basis. and Whereas: This allows management to never convert any PSE, and Whereas: This allows management to not fill needed residual vacancies with all career employees, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process that Residual Vacancies will be filled in the following order (if residuals are not in withholding): (1) Career full-time employees through transfer/e-reassign; (2) Conversion of PTF into the Full-Time residual vacancy; and if none, (3) Conversion of PSE into the residual vacancy, by relative standing on the PSE rolls. 40 Article 38.5.B.7.b Filling Maintenance Vacancies Whereas: Currently, the pecking order for Filling Maintenance Vacancies, Item #7.b states: b. If in-service procedures are considered first: 1. Give priority consideration to career Maintenance Craft employees using the in-service register in score order. 2. Consider other career postal employees, regardless of craft or position, on the in-service register in score order., and Whereas: The APWU takes care of their own first, and Whereas: Those in the APWU Represented crafts should be given an option of transferring into another APWU craft prior to someone outside of the craft Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to change the Article 37.5.B.7b to read: b. If in-service procedures are considered first: 1. Give priority consideration to career Maintenance Craft employees using the in-service register in score order. 2. Give Priority Consideration to other Career APWU Represented Employees on the In-Service Register in Score Order. 3. Consider other career postal employees, regardless of craft or position, on the in-service register in score order. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 33

34 41 Article 38 - Maintenance 21 Day E-Reassign Whereas: The union negotiate the MOU Re: Transfer Opportunities to Minimize Excessing, and Whereas: The language in Section D.7 of said MOU give the opportunity for transfers to the Clerk Craft alone, and Whereas: A union should strive to give all the members the same opportunities, and Whereas: Many Maintenance Craft employees could benefit from similar language for their craft, and Whereas: This language has empowered the Clerk Craft employees in a difficult time with more choices, and Whereas: During any excessing event all employees should be afforded as many options as possible to allow educated and fair decisions to be made for their personal lives and career, Therefore be it resolved that the National negotiating team during the next Contract negotiations strive to obtain similar language for the Maintenance Craft to allow for a 21-day e- Reassign period the same as afforded to the Clerk Craft. Submitted by the Flint Michigan Area Local 42 Article 39 Motor Vehicle Craft Desirable Duty Hours Whereas: The union negotiated language in Article 37.3.A.1 which states: Every effort will be made to create desirable duty assignments from all available work hours for career employees to bid., and Whereas: Getting management to create positions in the Motor Vehicle Craft has proven to be almost impossible, and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 34

35 Whereas: Some areas of the MVS Craft have continually worked large amounts of overtime while contracting out work at a higher costs, and Whereas: Adding the contracted hours and the overtime hours would show the need for more positions in the craft, and Whereas: Creating and filling of positions in the MVS Craft would help to lower the overall cost of our in-house labor, and Whereas: This would continue to show more need for additional MVS Craft employees, allowing for growth in this APWU Bargaining unit. Therefore be it resolved that: The National negotiating team, during the next contract negotiations, strive to obtain similar language for the MVS Craft in Article 39 as afforded the Clerk Craft as follows: Every effort will be made to create desirable duty assignments from all available work hours and hours contracted, that could have been completed for equal or lesser cost in-house, for career employees to bid. Submitted by the Flint Michigan Area Local 43 Article 39 Motor Vehicle Craft 21 Day E-Reassign Whereas: The union negotiate the MOU Re: Transfer Opportunities to Minimize Excessing, and Whereas: The language in Section D.7 of said MOU give the opportunity for transfers to the Clerk Craft alone, and Whereas: A union should strive to give all the members the same opportunities, and Whereas: Many Motor Vehicle Craft employees could benefit from similar language for their craft, and Whereas: This language has empowered the Clerk Craft employees in a difficult time with more choices, and Whereas: During any excessing event all employees should be afforded as many options as possible to allow educated and fair decisions to be made for their personal lives and career, 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 35

36 Therefore be it resolved that the National negotiating team during the next Contract negotiations strive to obtain similar language for the Motor Vehicle Craft to allow for a 21-day e- Reassign period the same as afforded to the Clerk Craft. Submitted by the Flint Michigan Area Local 44 Memorandum Regarding Two Hours or Less of Cleaning in Associate Offices Whereas: Currently, the memorandum on Page 427 of the CBA read: MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES POSTAL SERVICE AND THE AMERICAN POSTAL WORKERS UNION, AFL-CIO The parties agree that when in small post offices there are two hours or less of contracted out custodial duties in a day that cannot be combined with other maintenance duties to create a duty assignment, those duties will be assigned to an existing APWU bargaining unit duty assignment in the facility., and Whereas: In most Associate Offices and in a lot of small offices, they are mainly staffed by Part-time Flexibles (PTFs) who do not have a duty assignment, and Whereas: In offices with only PTFs, management is making an excuse of no duty assignment exist therefore they can contract it out, and Whereas: In many offices with Full-time employees, they already have a 40-hour work week assignment, Therefore be it resolved that The National Officers work either through their counterparts at USPS Headquarters or through the Contract Negotiating process to change the Memorandum cited to: The parties agree that when in small post offices there are two hours or less of contracted out custodial duties in a day that cannot be combined with other maintenance duties to create a duty assignment, those duties will be assigned to existing APWU bargaining unit employees in the facility. 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 36

37 45 Memorandum of Understanding and Letters of Intent Whereas: Postal Support Employees (PSEs) are Dues Paying Members of the American Postal Workers Union, and Whereas: Postal Management continues to treat these members or our union as second class citizens, and Whereas: The current Collective Bargaining Agreement hinders our right to represent these DUES PAYING MEMBERS. Therefore be it resolved that: The National Leadership negotiate, that any member of this union will have full rights to representation of ALL articles of the Collective Bargaining Agreement. Submitted by Area Local 46 Non-Traditional Full-Time Positions Memorandum of Understanding Whereas: Under Item #16 in the Non-Traditional Full-Time (NTFT) Duty Assignment, Memorandum of Understanding vacant traditional Full-Time Regular (FTR) duty assignments can be posted as NTFT assignment after notice is sent to the local union president and afforded an opportunity for input, where operationally necessary and, Whereas: Under Item #21 in the NTFT MOU, before implementing any new Non-Traditional Full-Time (NTFT) assignments, the local union will have the opportunity to review, comment, make suggestions and propose alternatives, and Whereas: Under Item #13 in the NTFT MOU these NTFT employees will normally work the number of hours (daily and/or weekly) identified in their bid assignment, except in emergencies, and Whereas: In regards to Item #13 of the NTFT MOU, if said employee works bid hours, there is no need for a Non-Traditional duty assignment, and 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 37

38 Whereas: The American Postal Workers Union (APWU) and the United States Postal Service (USPS) deem that NTFT assignments are failed experiment that does not assist in running an operation, Therefore be it resolved that: These identified NTFT assignments be reverted back to a traditional Full-Time Regular assignments where practicable. Submitted by Area Local 47 National Collective Bargaining Agreement Memorandum of Understanding between the USPS & APWU (Page 333) Donating of Annual and Sick Leave Whereas: Employees are able to donate annual leave from their earned annual leave account to another career postal employee due to extended inability to work due to medical conditions, and Whereas: Employees earn sick leave to offset the lost income due to those medical conditions, and Whereas: All leave earned by employees has been paid for by their work hours. Therefore be it resolved that employees be granted the choice to donate their earned annual leave or sick leave to career postal employees experiencing a loss of income due to extended medical conditions. Submitted by: Central Michigan Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 38

39 48 CIOSS Labels / Clerks Keeping Clerk Jobs / Maintenance keeping Maintenance Jobs Whereas: The Postal Service, in the past has encouraged clerks to do minor jobs on the DBCS platform (e.g. Replace labels and pull soft jams), and Whereas: Clerks are only to call maintenance when tool are involved (such as pliers to pull the hard jam) or computer work is required (such as restarting the software), and Whereas: Today s Postal Service feels it is more important to pull Maintenance personnel from work sheet assignments (PM Routes and Remote Monitoring MPE Watch standby) to replace label paper in the CIOSS machine (when the roll is empty, which is around one (1) an hour), and Whereas: This prevents maintenance from completing their routes and hiding problems that appear to the technician on MPE watch (which can be addressed after their run with work orders creating additional maintenance jobs.) Therefore be it resolved that the National negotiating team negotiate a division of task as it once was that clerks keep their job by replacing label paper, pulling soft jams, and other jobs that do not require tools or computer training, and Be it further resolved that Maintenance be allowed to complete their jobs by doing preventative maintenance and standby monitoring without the threat of being wrote up for non completing assigned task. Submitted by: The Detroit District Area Local 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 39

40 On Behalf of the Executive Board - Thank You for being a delegate to this, the 24th Biennial Constitutional Convention of the Michigan Postal Workers Union. The membership/delegates are the highest ranking body of this organization. Your input into these proceedings will guide the state organization into the future. As a member of the American Postal Workers Union in Michigan, your voice/vote determines how, what, and where this organization will progress. You help determine the future by submitting resolutions, such as those contained in this book, and acting upon them. While the discussion may become heated, remember we are unionist, brothers and sisters in this great union. When we leave this convention, let us do so united; remembering our enemy is not within. If this is your first convention - Welcome and please make every effort to becoming involved. Everyone has had his/ her first time at the convention or at a microphone. You learn by doing. Don t be afraid of trying. Be open to meeting others from around the state and our National guests. Use this time to make new acquaintances, and maybe new and long-lasting friendships. If you need any help, or would like to know more, please feel free to ask. Here is to a very productive and successful convention! 24th Biennial MPWU Constitutional Convention - Mission Point Resort - Mackinac Island, MI Page 40