The Mail Handler: Fall 2011 by National Postal Mail Handlers Union

The Quarterly Publication of the National Postal Mail Handlers Union

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Fall 2011

Contents President’s Report 3 President Hegarty’s assessment of how Mail

Handlers—like their fellow public employees —are under violent attack

Secretary-Treasurer’s Report 5 National Secretary-Treasurer Gardner

describes “the perfect storm” of antiunion attacks where the NPMHU faces its adversaries.

2011 Negotiations in Full Swing 6 A review of the state of our current

negotiations and the process for the arbitration alternative to a mutual agreement

7 Frequent Contract Updates are posted to Contract Updates

keep Mail Handlers abreast of the important issues of the contract negotiations.

The Quarterly Publication of the National Postal Mail Handlers Union

ostal Service Launches P Assault on Mail Processing Network The USPS “Network Optimization Plan” poses the greatest threat of devastation so far of its many plans to restructure the mail processing and transportation network.

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On the Cover: Become a Union activist and encourage others to take action to Save America’s Postal Service

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On The Future 12 COfommittee The Union The report of the Committee’s most recent meeting.

Unions Join Forces 15 Ponostal Television and Print Media Campaign

The NPMHU joins with the other postal unions to develop print and media ads to raise public awareness on important postal legislative issues .

Save America’s Postal Service 16 NPMHU local unions across the country rallied on September 27 about Postal Service legislation in Congress.

Meeting 18 Sofemi-Annual the Local Unions Read about the recent national gathering of NPMHU officers and representatives.

PMHU Financial 22 NStatements for 2010 urrent Wage Charts for 23 CMail Handlers Convention Call 24 OThefficial Official notification of the NPMHU’s 2012

National Convention in Portland, Oregon.

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President’s Report

Mail Handlers Under Attack National Postal Mail Handlers Union

National Executive Board John F. Hegarty National President Mark A. Gardner Secretary-Treasurer Jefferson C. Peppers III Vice President Central Region Samuel C. D’Ambrosio Vice President Eastern Region Paul Hogrogian Vice President Northeastern Region Bruce Z. Miller Vice President Southern Region Rudy Santos Vice President Western Region The Mail Handler, ISSN:1098-5689, is published quarterly by the National Postal Mail Handlers Union, 1101 Connecticut Avenue, N.W. Suite 500, Washington, DC 20036. Periodicals postage paid at Washington, D.C. and additional mailing offices. POSTMASTER: Send address changes to The Mail Handler, 1101 Connecticut Avenue, N.W. Suite 500, Washington, DC 20036 Copyright 2011: National Postal Mail Handlers Union. All rights reserved. Reproduction without permission is prohibited. The Mail Handler is published for the members of our union. For additional copies please send $2.00 to: National Postal Mail Handlers Union—National Headquarters, 1101 Connecticut Avenue, N.W., Suite 500 Washington, DC 20036, (202) 833-9095

National Postal Mail Handlers Union

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Dear Members, In the last issue of The Mail Handler, you read about the assault on public employee unions. Well, now it’s our turn. Now it’s the Postal Service employees who are under direct assault, and make no mistake about it, we are under assault. We are being attacked by some right-wing members of Congress, by conservative think tanks, and by the Postal Service itself. I will summarize the issues in this article, and I urge you to read the in-depth explanations which are outlined later on in this issue. Let’s start on Capitol Hill, where there are a number of different pieces of legislation that have been proposed which would affect both mail handlers and the USPS in some way (some good, some bad). The only “clean” Bill—which would focus on providing financial relief to the Postal Service—is HR 1351, legislation sponsored by Representative Stephen Lynch of Massachusetts. His Bill would transfer the massive overfunding of the CSRS retirement system back to the USPS over a period of time, and allow those monies to be used to fund future retiree health benefits. The Lynch Bill currently has over 225 co-sponsors. Another helpful Bill (HR 2967), recently introduced by Representatives Cummings and Lynch, would also help the USPS deal with the current financial crisis. Unfortunately, there are a number of other Bills out there that would be harmful to the employees and to the Postal Service. Representative Darryl Issa (R-CA) has introduced his vision of “postal reform,” which

JOHN F. HEGARTY, National President

really could be entitled “postal destruction.” His proposed legislation would, among other things, create a new “authority” over the USPS that would have the power to negate our collective bargaining agreement. Seniority would be out the window, as anyone eligible to retire would be forced to do so, starting with the most senior employees. In the Senate, there are currently three Bills pending. Senator John McCain (R-AZ) recently introduced his version of the Issa Bill, which essentially seeks to implement the same anti-worker, anti-union provisions of the Issa Bill. Senator Tom Carper (D-DE) has a bill pending which would help in some ways (particularly with regard to postal finances), but which would allow the USPS to eliminate Saturday delivery. Senator Susan Collins (R-ME) now has two postal bills pending; one is similar to Senator Carper’s legislation, and the other would force injured workers off the OWCP rolls once they reach retirement age. As you can see, there are a number of complicated issues pending before Congress, and we are voicing our opinions, working with the other postal unions and allied stakeholders, and doing all we can to represent your interests on Capitol Hill.

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Some of the problems that we are facing have been created by the Postal Service itself. As you have been previously informed, bargaining for a new contract officially started on August 30. Just prior to the start of bargaining, the Postal Service went to Congress in an effort to eliminate the no-layoff clause from its collective bargaining agreements, and to pull out of the Federal Employees Health Benefits Program, and the Federal Retirement Plans. None of these issues belong anywhere but on the bargaining table, and I have made that clear to management. Notwithstanding their misguided plans to side-step the Unions, we intend to work diligently to try to secure a bargained agreement prior to the November 20 deadline. While all of these other issues are boiling over, the Postal Service now wants to close over half of the large processing plants in the country. This is another bone-headed move on their part that will only serve to drive away customers due to the deterioration of service (similar to 5 day delivery). They are attempting to take the “service” out of the Postal Service. Again, we are fighting them tooth and nail on this plan as well. Now, let’s hear about the Postal Service’s latest “jobs plan.” While most of the powers that be in Washington DC are looking for ways to create jobs and stimulate the economy, the Postal Service wants to go in the opposite direction. Their “jobs plan” is to eliminate one hundred thousand jobs through attrition over the next couple of years, and then to lay off an additional one hundred and twenty thousand employees. Then, they want to go out and hire one hun-

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dred and twenty thousand low-wage, no-benefit employees to replace those they just laid off. How’s that for “stimulating the economy”? So, yes, we are under assault, and it is an all out attack on Mail Handlers and other postal employees. We will fight back with all of our might against those who would do us harm, but we can’t do it alone. The time is now for all Mail handlers to join in, and add your voice to the protests against these ideologues who would do us harm. Please read over the in-depth articles in this issue of The Mail Handler, and do your part in fighting back. This could be simply writing a letter to your Congressman and Senators on the pending legislation. It could mean attending your Branch union meetings to get the information available at the local level and to band together with the Mail Handlers and other employees in your facility. It could mean writing a “letter to the editor” of your local newspaper to educate the public on the issues facing us. Whatever you do, do something. The time is now to get involved, because, quite literally, your job depends on it.

“ The time is now for all Mail handlers to join in, and add your voice to the protests against these ideologues who would do us harm.”

Fraternally,

John F. Hegarty National President

Fall 2011

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Secretary-Treasurer’s Report

A Perfect Storm

rothers and Sisters, we are in the midst of a perfect storm. The rightwing leadership in the United States Congress, in various Statehouses around the country, and even in some municipalities continues to push an anti-union, anti-worker agenda—most-times advocating their probusiness, partisan ideology over practical solutions. On the larger horizon, their goal has been to convince the general public that unions are to blame for the ills of our economy, and that the greedy public employees are the sole cause of deficit spending within federal, state and local government budgets. When our collective goal should be to raise the standards of America’s working class, and to create and preserve full-time jobs—with living wages, real benefits, and both short and long-term security, these partisan mouthpieces of the alleged “job creators” continue to promote their vision of a disposable workforce. Their race-to-the-bottom mentality prefers the establishment of part-time, low-wage, no benefit, no security, no future, employment “opportunities.” Fortunately, many of our citizens, including many in the Republican Party, are seeing through this partisan façade. Witness the results in the recent election in Ohio, where 62% of the electorate voted YES on the ballot initiative seeking to overturn Governor Kasich’s union busting legislation. Apparently, the new Governor felt emboldened by recent efforts in Wisconsin, Florida, and other states, when he pushed through his agenda seeking to break Ohio’s public employee unions, and to eliminate the hard-fought gains of its trusted public servants. Noteworthy is that more Ohioans voted in this ballot initiative to reject Kasich’s plan, than voted to elect Kasich to that state’s highest office last year.

“Concurrent with the vitriolic political landscape in Washington, and in the throes of the ongoing postal financial crisis and reform efforts, our Union also is engaged in the end-game of collective bargaining over the terms of our 2011 National Agreement.”

National Postal Mail Handlers Union

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I’m hoping that message will not be lost on Kasich and his ilk. It is with this antiunion backdrop that our Union moves forward to Mar , eNra ,ti oSna Mk a rAk. GAar . Gdaner rdn e cl rSe e t carreyta - Tr ry e-Tarseuarsur e r er help develop and implement practical solutions to the current financial woes of the United States Postal Service. As detailed elsewhere in this magazine, there are now several bills pending in both the House and Senate that address the USPS crisis. Some of these proposals include language to facilitate responsible solutions to the problems and, sadly, some of the proposals focus on draconian, partisan, anti-worker, antiunion provisions. Please know that NPMHU officers and representatives continue to meet with USPS officials, with Senators and Representatives on Capitol Hill, with various leaders within the Obama administration, with various other postal stakeholders who are committed to responsible solutions, and with our allies throughout the union movement to develop strategies on how best to accomplish our goals of preserving a robust, fiscally sound Postal Service and at the same time to protect the wages, rights, benefits, and jobs of Mail Handlers and all postal workers. Concurrent with the vitriolic political landscape in Washington, and in the throes of the ongoing postal financial crisis and reform efforts, our Union also is engaged in the end-game of collective bargaining over the terms of our 2011 National Agreement. With our looming contract deadline of November 20th, we remain hopeful that the parties can reach common ground, and can fashion an agreement which first protects the wages, benefits, and working conditions of our membership, and which also helps preserve the success and viability of the United States Postal Service. A perfect storm, indeed.

Mark A. Gardner National Secretary-Treasurer

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✩✩✩✩✩✩✩✩✩✩✩✩✩✩✩✩✩ ✩ 2011 Negotiations In Full Swing T

he official start to collective bargaining over the terms of the 2011 National Agreement occurred on August 30, 2011, when representatives of the NPMHU and the Postal Service met to exchange opening statements and goals for this round of bargaining. President Hegarty’s opening statement, already published during September as the second of this year’s NPMHU Contract Updates, made several key points: First, that the Postal Service faces some severe economic conditions, including the worst American recession since the Great Depression of the 1930s and a decline in mail volume caused, in part, by electronic diversion. Second, that despite the ongoing recession and continuing volume losses, the USPS generally has taken in more money from its postal operations than it spends, with postal revenues generally exceeding costs until this past fiscal year. Third, that the billions of dollars in losses over the last few years have little to do with a failing business model or the obsolescence of the mail, and cannot be blamed on Mail Handlers or other postal employees who have continued to work productively and efficiently as more than 130,000 of their colleagues have been lost through attrition. Fourth, that most of the financial losses suffered by the Postal Service are attributable to Congressional mandates for pre-funding retiree health benefits and overfunding retiree benefits. Fifth, that the Postal Service inexplicably has been using its current financial predicament as an excuse for launching an unprecedented attack on its employees and the collective bargaining process, including proposals to abrogate the no-layoff clause and to terminate the USPS participation in federal retirement and health programs. Sixth, that despite this hostile posturing by management, the NPMHU remains deeply committed to collective bargaining. In that light, the union expects, and demands, that the USPS engage in good-faith bargaining in this round of negotiations. And finally, that the NPMHU seeks a negotiated agreement that is both protective and constructive. The agreement must protect career Mail Handlers who have dedicated their lives to the Postal Service, and it should protect the Postal Service against those who seek its demise. It also should contain practical solutions to the problems faced by the parties, so that the Postal Service and all of its employees can continue to provide the American public with the service that they have come to expect. * * * Since the formal opening of negotiations, representatives of the NPMHU and the Postal

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Service have been meeting frequently, in both formal on-the-record meetings and more informal off-the-record sessions. Subcommittees have been formed to address most of the complicated noneconomic work rules, with separate sessions devoted to Article 7 on employee complement, Article 12 on seniority and excessing, Article 15 on the grievance and arbitration procedure, and Article 32 on subcontracting. Other proposals also have been presented by the union, covering a wide range of topics that deserve improved language and practical solutions to ongoing problems. As the bargaining deadline of November 20 approaches, the parties will focus more of their attention on the key economic drivers included in the National Agreement, including all matters related to wages and benefits and the composition of the mail handler workforce. In these areas, the Postal Service has publicly demanded significant concessions, and the agency’s private posture in bargaining certainly has been consistent with its public communications. Only time will tell whether the parties are able to narrow their divide and reach an overall settlement. If the bargaining process culminates in a tentative agreement between the parties, that agreement is subject to a ratification vote by the membership of the NPMHU. As required by the NPMHU National Constitution, the vote would be by mail ballot, and would be run in accordance with procedures to be adopted by the National Executive Board. If, on the other hand, the parties fail to reach a tentative agreement, the governing statute (that is, the Postal Reorganization Act, as amended, or the PRA) contains a series of alternative procedures that the parties may follow to resolve their bargaining dispute. (Remember that the PRA prohibits strikes by postal employees and lockouts by postal management, and therefore the objective of the PRA is to resolve a bargaining dispute without resort to these economic weapons.) In particular, the PRA initially makes clear that, should they choose, the parties to a bargaining dispute “may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement.” If a mutually satisfactory dispute-resolution procedure is not adopted by the parties, however, then a specific procedure set forth in the PRA would control. That procedure contains several steps, and can be summarized as follows: Initially, the Federal Mediation and Conciliation Service (FMCS) would be responsible for appointing a mediator of nationwide reputation and professional stature, who is also a member of the National Academy of Arbitrators. The parties have to

cooperate with the mediator in an effort to reach an agreement and shall meet and negotiate in good faith at such times and places that the mediator, in consultation with the parties, shall direct. If mediation does not lead to an agreement within 60 days after the expiration or termination of the agreement, then an arbitration board will be established, consisting of 3 members, 1 of whom is selected by the Postal Service, 1 by the NPMHU, and the third by the 2 thus selected. If the members chosen by the parties fail to agree on the third person, the selection will be made from a list of names provided by the FMCS. This list shall consist of not less than 9 names of arbitrators of nationwide reputation and professional nature, who also are members of the National Academy of Arbitrators and whom the FMCS has determined are available and willing to serve. The parties then would alternately strike names from the list that has been provided until only one name remains. That person then becomes the “neutral” arbitrator on the panel. This arbitration board then gives the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel or by other representative as they may elect. Decisions of the arbitration board are issued, and those decisions are conclusive and binding upon the parties. Absent agreement to an extension, the arbitration board must render its decision within 45 days after its appointment. Thus, an arbitration award would not be issued —at the very earliest—for at least 100 days after contract expiration. Moreover, in past rounds of bargaining, the parties often have extended these deadlines, so that final agreements are not reached until many months beyond the statutory deadline. For example, the specific terms of the 1994 National Agreement between the NPMHU and the USPS were not finally determined in arbitration until April 1996, some 18 months after expiration of the preexisting contract. Likewise, the specific terms of the 2000 National Agreement between the NPMHU and the USPS were not finally bargained until February 2002, approximately 15 months after expiration of the prior contract. The National Office has called for a meeting of all Local Union Presidents, to be held in Washington, DC on December 1, 2011, to discuss this year’s bargaining, any possible settlement in negotiations, or the need to proceed to mediation and/or arbitration. All members should be certain to watch their bulletin boards so that they can read the latest information distributed by the National Office.

Fall 2011

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✩ ✩✩✩✩✩✩✩✩✩✩✩✩✩✩✩✩✩ T Contract

Updates

National Postal Mail Handlers Union

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he National Agreement between the NPMHU and USPS is set to expire on November 20, 2011. Negotiations over the terms of a successor agreement began on August 30, 2011. Since that time, the parties have been meeting to exchange and discuss concepts and proposals for possible inclusion in a new collective bargaining agreement. In an effort to keep the NPMHU membership informed as the negotiations process unfolds, the National Office has been distributing periodic Contract Update bulletins. Copies of these updates

have been mailed to each NPMHU officer and representative, for posting on union bulletin boards in postal facilities across the country. These bulletins also are available for viewing on the Mail Handler website at www.npmhu.org. These Contract Updates will continue through the conclusion of the negotiations process. All members are encouraged to read these postings, which will provide important insight into the discussions involving this important collective bargaining process.

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Postal Service Launches Assault on Mail Processing Network

n September 14, 2011, the Postal Service unleashed its Network Optimization Program, which is the largest and potentially most devastating of its many plans to restructure the USPS mail processing and transportation network. As proposed, the Postal Service has listed 252 mail processing facilities for possible closing or consolidation. These are in addition to the facilities that already have been closed or consolidated, as well as the various facilities that, as of September 2011, already were the subject of a pending study. The total number of facilities that may be on the closing or consolidation list could approach 300, if all of these studies result in actual decisions to close or consolidate. At the same time, many facilities are being studied simultaneously as both losing and gaining installations, so the final reorganization of the network is far from clear. In recent meetings, the Postal Service has suggested that, if all of the proposed closings and consolidations are eventually implemented, the “optimization” program could result in an overall reduction of between 4,000 and 5,000 mail handler positions across the country. At the same time, and as a crucial component of this Network Optimization Program, the Postal Service also is proposing to change the regulations that govern its service standards. Indeed, just days after issuing the list of 252 facilities, the USPS published an Advanced Notice of Proposed Rulemaking, beginning the long regulatory process that must be followed to amend the current service standards. In this process, the Postal Service is proposing to eliminate the overnight delivery standard for most First-Class Mail and Periodicals, allowing the network to provide for at least two days prior to delivery. In other words, in most circumstances mail that is dropped off at a postal facility or placed in a collection box on day one will not be processed until day two, resulting in delivery on day three, the day after the completion of processing.

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The NPMHU has reacted to all of these proposals, in each of the ways available under the governing procedures. President Hegarty has made clear, in his public remarks, that the NPMHU will be deeply involved in the ongoing studies, and in the legal processes that will have to be conducted prior to any implementation of the Network Optimization Program. As an initial matter, the NPMHU has filed comments with the Postal Service objecting to the possible weakening of the governing service standards. These comments criticized the Postal

“

As proposed, the Postal Service has listed 252 mail processing facilities for possible closing or consolidation.

”

Service for adopting a defeatist attitude, causing the agency to react to a downturn in the economy and a loss in mail volume by further reducing the service it provides to the mailing public. The better alternative, the union argued, is to maintain the current service standards and to preserve the Postal Service’s current competitive advantages. Here are a few excerpts from the NPMHU comments, which were filed in October: At the very outset of its Proposal, the Postal Service candidly acknowledges that one of its core missions over the years has been to build up its mail processing and transportation networks to the point where those networks are sufficient “to achieve” the Postal Service’s current service standards for First-Class Mail and Periodicals, “particularly their overnight service standards.” Yet in what can only be described as a defeatist—and self-defeating —response to “sharp revenue declines

associated with falling [mail] volumes,” the Postal Service is now proposing effectively to abandon that core mission by: (i) eliminating the expectation of overnight service for FirstClass Mail and Periodicals; (ii) substantially narrowing the two-day delivery range and substantially enlarging the three-day delivery range for such mail; and (iii) dismantling to a large degree the robust processing and transportation networks that have enabled the Postal Service “to achieve” its current service standards for such mail, “particularly their overnight service standards.” The Postal Service’s Proposal is ill-conceived and should unceremoniously be laid to rest. By increasing the delivery time for most FirstClass Mail and Periodicals by one day, and by eliminating the expectation of overnight service for such mail, the Postal Service would effectively be abandoning what it itself acknowledges has been one of its core missions over the years and conceding that it is no longer capable of fulfilling that mission on behalf of the American people. In an effort to reduce its costs, the Postal Service is proposing to severely downgrade its current service standards and dismantle its current mail processing and transportation networks, in a truly radical fashion that is guaranteed to result in a further precipitous decline in Postal Service revenues. Nothing in the Proposal indicates that the Postal Service has made any kind of careful assessment of these revenue losses; nor has the Postal Service compared those revenue losses against the Proposal’s anticipated cost savings, which are themselves overstated. To put it bluntly, the Postal Service has failed to come to grips with the distinct possibility that adoption of its Proposal actually would not “bring operating costs in line with revenues,” but instead would exacerbate the Postal Service’s current financial difficulties and beget further downgrades in service standards, leading to a true “death spiral.” Before embarking on the untested and dangerous path of severely downgrading its Fall 2011

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Claims that Network Optimization Program is Necessary for USPS Survival service standards and repositioning itself as a provider of second- or third-tier shipping services, the Postal Service should painstakingly exhaust all alternative means of “bring[ing] operating costs in line with revenues”—including means that are calculated to augment rather than further diminish the Postal Service’s revenue streams. The Postal Service is expected to review all comments filed, and to issue a Notice of Proposed Rulemaking in early December. At that point, interested parties, including the NPMHU, will be allowed to file additional comments and reactions. As for the proposed studies of 252 mail processing facilities, the Postal Service intends to follow a similar schedule. Sometime in December, the Postal Service will be submitting a request for an advisory opinion from the Postal Regulatory Commission (PRC), as it is required to do under the governing statutes, much like the prior submissions the USPS made on five-day delivery and the closing of more than 3,000 retail postal outlets. The PRC then will issue a procedural schedule – lasting approximately 90 days – that will allow interested parties, again including the NPMHU, to file discovery requests and crossexamine USPS witnesses and evidence, all in an effort to show that the proposed restructuring of the mail processing and transportation network is an ill-conceived scheme. Meanwhile, the National Office of the NPMHU is beginning to work with the Local Unions to conduct opposition research about many of the particular closings or consolidations that have been proposed. A careful analysis of the 252 facilities has revealed some interesting facts: Approximately 100 of the facilities listed are relatively small, and have no mail handlers currently working at them. This includes many customer service facilities and smaller “processing” facilities. Several of the facilities listed for further study are annexes or other smaller parts of larger installations, meaning that the potential closing National Postal Mail Handlers Union

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or consolidation may result in the abolishment of jobs and the posting of bids in the main building, rather than excessing outside of the current installation. In several cases, the same installation is going to be studied as a potential losing and a potential gaining installation, so the process for stakeholder and public involvement could have a profound impact on where and when jobs are lost or gained. Several of the facilities listed for study could not rationally be considered for closing, and thus may be included on the list of possible

“

The Postal Service’s Proposal is ill-conceived and should unceremoniously be laid to rest.

”

sites for “political” or “bargaining” purposes, providing the Postal Service with the ability to appease postal stakeholders or politicians who complain the loudest, and providing the Postal Service with the ammunition to argue, if the USPS is eventually challenged, that its process of study and public input actually works because it resulted in the cancellation of several proposed closings or consolidations. One thing is very clear. The NPMHU will have to remain vigilant for the next several months as the Postal Service attempts to implement its Network Optimization Program. The National Office will take advantage of the governing legal proceedings, and will assist the Local Unions in contesting many of the proposed closings and consolidations. Several years ago, when dealing with prior USPS plans to close or consolidate facilities, the National Office adopted a comprehensive approach to dealing with

potential shifts in the mail processing network. In summary, that approach has been described as follows: It was agreed during the NPMHU’s early strategy meetings that not every notice of a consolidation or closing is going to require the same response—every situation is different. In some cases – such as where the proposal concerns a facility that currently has no mail handlers, or where the mail handlers in that facility do not object to the consolidation – the Local Union may decide not to get involved. In other cases, the best approach may be to “wait and see.” In every case, however, communication between and among the National Office, the relevant Regional Office, and the affected Local Union(s) and Branch(es) is critical. Of even more importance, it is crucial to communicate with the affected or potentially affected members. The key is to make a determination about what is the appropriate response in a particular situation, and to assist the relevant Local Union and the membership in deciding how to respond and what to do once that determination has been made. Finally, for any closings or consolidations that may be implemented after the studies are complete, the NPMHU will assist the Local Unions to minimize the dislocation and inconvenience to affected mail handlers. Acting through the National Joint Task Force on Article 12, and acting in accordance with the Memorandum of Understanding on Workforce Repositioning, the NPMHU is committed to ensuring that current mail handlers are protected in their current jobs, at their current locations, to the maximum extent possible. Additional information will be circulated, as soon as it is available. In the meantime, if you want to determine if your installation may be affected by the studies proposed as part of the Network Optimization Program, you can see a list of the impacted facilities on the NPMHU website at the link to “Critical Postal Issues.” The Mail Handler | 9

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Change takes heart. A Choose your union-sponsored health plan this open season!

Make the switch to MHBP Value Plan for: Great Benefits • Comprehensive coverage ranges from preventive care to hospitalizations, prescription drugs, alternative care, emergency, and more • Nationwide access to PPO providers where you live, work or travel • Friendly, knowledgeable customer service 24 hours a day, seven days a week • Reliable health plan — serving you for over 48 years

Affordable Rates 2012 MHBP Rates Postal Employees

Value Plan

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Self and Family

$62.29

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These rates do not apply to all enrollees. If you are in a special enrollment category, please refer to your special FEHBP Guide or contact the agency that maintains your health benefits enrollment.

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Fall 2011

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. And you’ve certainly got it. Membership Extras* • Pharmacy savings with the CVS Caremark ExtraCare® Health Card • Laser vision correction (LASIK) with U.S. Laser Network and QualSight® • Vision care savings and discounts with EyeMed® • Discounted hearing exams and savings on hearing aids with HearPO® • Deals on Weight Watchers® subscriptions — to help you lose weight for better health New for 2012, identity theft protection services through LifeLock® at discounted rates.

Supplemental Dental and Vision Plans* Complement your health coverage with dental, vision or both and get great benefits, national coverage and affordable monthly rates. Coverage is available without enrolling in our health plan. You can even enroll year round. Call 1-800-254-0227 to learn more and enroll.

More MHBP Options MHBP Standard Option gives you more traditional coverage and helps you manage your out-of-pocket costs. MHBP Consumer Option gives you control over your health care spending by pairing this plan with a health savings account (HSA) that we help fund (receive up to $1,690 annually).

Put your heart into making a change this Open Season. Start by requesting your FREE information kit. Call: 1-800-410-7778 Visit: www.mhbpOpenSeason.com

Act Now!

Open Season ends December 12, 2011. *These benefits are neither offered or guaranteed under contract with the FEHBP, but are made available to all Mail Handlers Benefit Plan enrollees and their covered family members. LifeLock®, and supplemental dental and vision are open to all FEHBP enrollees and their covered family members. You cannot file an FEHBP disputed claim about them. The fees you pay for these services do not count toward FEHBP deductibles or out-of-pocket maximums. Dental is underwritten by First Health Life & Health Insurance Company and Cambridge Life Insurance Company. Benefits are not provided for services rendered outside the 50 United States and the District of Columbia. This is a summary of the Mail Handlers Benefit Plan Value Plan. Before making a final decision, please read the 2012 official Plan brochure (RI 71-007). All benefits are subject to the definitions, limitations and exclusions set forth in the 2012 official Plan brochure.

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Report of the Committee on the Future of the National Postal Mail Handlers Union

he Committee on the Future of the National Postal Mail Handlers Union engages in long-range planning and strategic thinking on behalf of the Union and all mail handlers employed by the U.S. Postal Service. The ongoing events of the last few months have clearly demonstrated the importance of engaging in such forward thinking. For over fifteen years, the Committee has focused on a wide-ranging agenda that includes key issues facing the NPMHU: privatization of the Postal Service; the NPMHU’s legislative relations program; USPS automation and other technological changes; financial planning; and membership recruitment. The members of the Committee in 2011 include all members of the National Executive Board and Local Union Presidents Tim Dwyer of Local 301, Ernie Grijalva of Local 302, Steve Taylor of Local 312, Anthony Davis of Local 314, Nick Mosezar of Local 318, and Michael Hora of Local 321. At its first meeting of 2011, in February, the Committee focused on several crucial issues facing the NPMHU, including

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the financial status of the USPS and the Union’s 2012 legislative agenda. At its second meeting this year in July 2011, the Committee focused on both of these issues again; indeed, because of the substantial interplay between these topics, the future financial status of the Postal Service and the need for Congressional action are essentially melded into one issue. The biggest concern of the NPMHU—especially with the 2011 round of National negotiations just starting up— is the current economic status and future economic prospects of the Postal Service. Not only is the financial uncertainty facing the Postal Service having an adverse impact on mail handlers currently, but also that uncertainty certainly will affect the NPMHU, its Local Unions, and future negotiations against the Postal Service for many years to come. For this reason, the Committee spent a considerable portion of its recent meetings analyzing and discussing these complex financial issues.

Economic Status of the USPS. The current state of USPS finances remains extremely poor. Last year, which was Fiscal Year 2010 ending on September 30, 2010, the USPS end of year deficit was $8.5 billion. Based on the first nine months of Fiscal Year 2011, which ended on September 30, 2011, the Postal Service is projecting a loss this year of $9.2 billion. Even if Congress were to provide complete financial relief against the $5.5 billion payment due at the Retiree Health Benefits Fund (RHBF), the projected deficit would be almost $4 billion. At bottom, the non-RHBF portion of the deficit ($4 billion) is caused primarily by the continual decline in first-class mail volume. Even as standard mail volume improves slightly, the volume of first-class mail— the largest contributor to the USPS bottom line—continues to decline. Indeed, only seven months ago, at the time of the last report from this Committee, the projected deficit for Fiscal Year 2011 was “only” $7 billion, so in that short time, the Postal Service has reduced expectations by more than $2 billion.

As of July, when the Committee last met, the Postal Service had implemented and/or proposed a series of operational and financial actions to deal with this financial crisis. Some of those actions were supported by the NPMHU, and some of them were opposed by the NPMHU. For example, the Postal Service proposed an above-inflation increase in postal rates, which the NPMHU supported. That increase first was rejected by the Postal Regulatory Commission, but a review of the decision by a federal appellate court has put that issue back into the hands of the PRC. The Postal Service also is proposing to stop residential deliveries on most Saturdays, which the USPS is claiming will save $2.5 to $3 billion per year. This proposal also has been reviewed by the PRC, resulting in a split advisory opinion, and now the five-day delivery decision can only be implemented if approved by Congress. The NPMHU opposes that change, and at this point it is impossible to predict whether there will be any action by Congress. Third, the Postal Service continues in its efforts to close or consolidate existing USPS facilities, including major plants and a host

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of stations and branches. These efforts undoubtedly will continue for the foreseeable future. And the Postal Service continues to adopt cost-cutting programs, including a hiring freeze on craft employees and a large downsizing in management and supervisory ranks. The Committee analyzed each of these topics, and addressed the NPMHU’s continuing efforts to deal with these issues in a consistent and thorough manner. Since the Committee’s meeting in July 2011, the Postal Service has made clear that it will try to close or consolidate several hundred postal plants, and has proposed legislation that would abrogate the National Agreement’s no-layoff clause, and its mandatory coverage for mail handlers under the federal health insurance and retirement programs. These proposals will be opposed strenuously by the NPMHU, as President Hegarty recently made clear in his latest memorandum to the Local Unions: With National bargaining over t he ter ms of t he 2011 National Agreement about to begin, the Postal Ser v ice has publicly announced that management is seek ing wholesa le changes in its collective bargaining agreements. USPS management also has decided to try to bypass the NPMHU and other postal unions, by asking Congress to enact legislation that would impose most of its outrageous proposals. Instead of coming to the bargaining table in good faith, management is looking for two bites of the National Postal Mail Handlers Union

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COTF

apple. The mentality seems to be: Let’s see what we can get through bargaining, and then if we don’t like it, we’ll go to Congress. This might lead one to ask: Has Wisconsin Governor Scott Walker been named the new PMG?

Just recently, the Postal Service announced that it was seeking to abrogate the no-layoff clause, eliminate the application of the CSRS and FERS retirement systems to postal employees, and end the Postal Service’s coverage under the Federal Health Benefits Program. And to make matters worse, the Postal Service did not propose these changes at the bargaining table, but instead went straight to Congress to seek these changes by legislation. USPS management has circulated two “white papers” on Capitol Hill and in the press that attempt to justify their actions. Those “white papers” were posted on our web site, and were circulated to the Union Leadership at our upcoming National-level meeting (which ironically was held in Wisconsin). Apparently, the Postal Service understands that such draconian proposals would have little chance of being supported by the NPMHU during the next round of bargaining, so instead the agency decided to ignore its obligation to bargain directly and in good faith with the NPMHU. Such tactics do not suggest that postal management will

be adopting an enlightened and cooperative atmosphere during this year’s collective bargaining, but only time will tell. In the meantime, the NPMHU and all of its Local Unions and members are urged to oppose these changes with their elected representatives on Capitol Hill. This end-around by USPS management only reinforces the need for all rank and file mail handlers to put pen to paper, and write to their elected representatives to oppose this foolhardy scheme. The National Office continues to gather additional information, and these matters will be discussed in greater detail at next week’s Semi-Annual Meeting of the Local Unions in Milwaukee.

Impact on mail handlers. The recent proposals from postal management make clear that the financial state of the Postal Service is directly relevant to each and every mail handler represented by the NPMHU. During its meetings in July, therefore, the Committee focused on these issues in both the legislative/regulatory arenas and in the context of contract administration. With regard to contractrelated matters, the Committee discussed recent meetings of the joint NPMHU-USPS Article 12 Task Force, focusing in particular on issues arising as a result of excessing, in the mail handler craft and in other crafts. The Committee also discussed the

implementation of the FSS and the deployment and jurisdictional issues surrounding the Automated Parcel Bundle Sorter (APBS), as well as potential upgrades to the AFCS, more efforts by the mailing industry to reduce the use of plastic straps and plastic wrap, and more equipment upgrades such as the Automated Letter Movement System (ALMS).

Impact on the NPMHU and its Local Unions. Another result of USPS downsizing is its impact on all levels of the Union. On one side, constant management actions requiring implementation of Article 12 place additional stress on mail handlers and additional burdens on the stewards and officers who represent them. This forces the Union, at both the National and Local levels, to devote available resources to deal with the constant movement, reassignment, dislocation, and inconvenience that are being imposed on the membership. At the same time, because of the Postal Service’s downsizing, the Union has been losing members, and there is virtually no USPS hiring. Thus, at precisely the time when the Union must marshal its resources, the financial resources of the Union are becoming more limited. The Committee discussed the practical impact of these trends, emphasizing the need to continue organizing new members, especially among current postal employees who are just becoming members of the mail handler craft. The Committee has recommended that the National Executive Board implement a targeted organizing The Mail Handler | 13

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program, to focus on a few installations where membership rates lag behind the norm, and on those employees who recently chose not to join the Union. And, of course, the Committee continued to discuss ways to convince Local Unions to spend their resources wisely, focusing on the representation of members under the National Agreement.

Legislative Efforts in the 112th Congress. Finally, the Committee discussed the many legislative issues confronting the NPMHU. In February, the Committee adopted the NPMHU legislative agenda for the current 112th Congress. In May, the Committee joined with hundreds of mail handlers from around the nation at the NPMHU’s 2011 Legislative Conference. And in July, the Committee analyzed a host of legislative issues. Bob Losi, the NPMHU Legislative and Political Director, and Roger Blacklow, Senior Legislative Advisor, reported on recent legislative and political developments. They began with a discussion of S. 1010, the POST Act introduced by Senator Tom Carper (D-DE). It is the main vehicle of possible postal reform in Congress, and is the subject of discussions among Senators Carper, Susan Collins (R-ME), and Joe Lieberman (I-D, CT). Provisions include: allowing the USPS to use overpayments in its pension funding to meet prefunding obligations in retiree health, furthering new retail services such as shipping beer/ wine through the mail, letting 14 | The Mail Handler

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the USPS close postal offices for strictly financial reasons, and adding anti-union collectivebargaining instructions to potential interest arbitrators. The AFL-CIO has sent a letter to Democratic Senators objecting to this bargainingrelated language and opposing its inclusion in the bill. Other important legislation in the Senate relative to NPMHU issues includes the following: ❚ S. 353, introduced by Senator Collins, which contains language on the overpayment issue similar to S. 1010, would consolidate Area and District offices, promotes retail outlets in non-postal venues, maintains the legal prohibition on closing post offices strictly for cost purposes, adds arbitration language similar to that of the Carper bill, and changes FECA’s coverage for employees injured on the job by throwing recipients off the program upon reaching retirement age and moving those recipients into their respective retirement programs. ❚ S. 261 introduced by Senator Collins, which makes the FECA changes included in S. 353. This bill also is opposed by the NPMHU and by Senator Carper, because of the financial harm caused to workers’ compensation recipients. More recently, the GAO and other less partisan groups also have opposed these changes. The Committee also discussed other changes unveiled by the U.S. Department of Labor, which are troubling but less devastating. ❚ H.R. 1351 introduced by Representative Stephen Lynch (D-MA), which directs

the Office of Personnel Management to recalculate the pension overpayments made by the Postal Service based on current accepted accounting practices and transfer any excess money from the pension account to the Retiree Health Benefit Fund (fulfilling the mandate of the PAEA of 2006 to fully fund that account at approximately $5.5 billion per year). This bill is now co-sponsored by a bipartisan group of more than 220 Representatives. It also returns to the USPS $6.9 billion in overfunded money. ❚ H.R. 1262 introduced by Representative Gerald Connolly (D-VA), which would grant the USPS federal support to rebuild its vehicle fleet into new electric vehicles, to ship beer and wine, and to sell “forever boxes,” which are shipping boxes that, if bought under today’s price structure, ship under today’s prices even if shipped in the future after rate increases (similar to the “forever” stamp). ❚ H.R. 2309 of introduced by Representative Darryl Issa (R-CA), which would force a radical restructuring of the USPS, including all the worst provisions of the Carper and Collins bills (such as antiunion arbitration language), the creation of unelected authorities to seize control of the USPS if it does not pay its federal obligations (such as the yearly $5.5 billion payments to the RHBF) and to override any collective bargaining agreements, adopt 5-day delivery, force pay comparability to non-union

businesses, and much, much more (or worse). The NPMHU strongly opposes this bill, as do the other postal unions. But “elections have consequences,” and thus Representative Issa became Chairman of the Oversight and Government Reform Committee when the Republicans took control of the House of Representatives in 2010, and his bill becomes the pre-eminent legislation in the House. ❚ H.R. 2465 introduced by Representative John Kline (R-MN), which would institute changes in OWCP that are supported by the Democrats and the NPMHU. Those changes would cover treatment from a physician assistant or advanced practical nurses, increase coverage for disfigurement of face, head or neck, increase funeral expenses to $6,000 (from $800), and allow for the recoupment of COP from a third party suit, but would not tackle the important issue of payment status when the individual reaches normal retirement age. The Committee also discussed the then-ongoing controversy over raising the debt ceiling. The resulting bi-partisan committee will be looking for budget cuts, and federal retirement and health insurance programs remain on the chopping block. The Committee will continue its discussions on each of these important topics, with its goal of developing effective strategies in addressing these matters. Fall 2011

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Postal Unions Join Forces on Television and Print Media Campaign T

o help raise public awareness regarding important issues involving the USPS, the National Postal Mail Handlers Union has joined forces with two of its sister postal unions, the American Postal Workers Union (APWU) and the National Association of Letter Carriers (NALC), to develop two separate television ads, and to purchase a nationwide media buy. All four of the postal unions (including the National Rural Letter Carriers Association—NRLCA) also combined resources to sponsor a print ad in all of the Capitol Hill newspapers. The first TV ad in this joint campaign began airing in late September on CNN, MSNBC, and Fox News, and will continue to air through late November. In this 30-second spot, we seek to enlighten the public that it is far more than declining mail volume that has created this postal financial crisis – and to reinforce the message that Congress helped create this problem, and that Congress can take action now to fix it. All four postal unions also coordinated efforts with a leading veterans advocacy group, VoteVets.org, to run a print advertisement in several prominent Capitol Hill newspapers. The ad was designed to raise awareness on Capitol Hill of the devastating effects that H.R. 2309, introduced by Congressman Darrell Issa (R-CA), would have on the workforce of the USPS. In particular, the advertisement draws attention to the fact that tens of thousands of military veterans would be among the 120,000 postal workers laid off under the provisions of this anti-worker bill. The second TV ad in this effort is set to air on those same national networks beginning in early November, to coincide with the Veterans Day holiday. Similar to the print ad, this television ad draws attention to the fact that the Postal Service puts more veterans to work than any other civilian employer, and issues a call to action to demand that Congress oppose any legislation that would force the Postal Service to fire tens of thousands of veterans during the worst recession in decades. Please visit the NPMHU website at www.npmhu.org to see these advertisements.

The Postal Service Hires More Veterans Than Any Other Civilian Employer

Some in Congress Want to Fire Them The Postal Service puts more veterans to work than any other civilian employer. But the Issa-Ross Bill (H.R. 2309), which the House Oversight and Government Reform Committee is expected to vote on this week, would force the USPS to fire employees—including tens of thousands of veterans. That’s American vets fired in the worst economy in decades. Putting tens of thousands of America’s veterans out of work won’t fix the Postal Service. Congress talks a lot about patriotism, but there’s nothing patriotic about destroying the USPS, devastating mail service, and telling our veterans they’re not wanted.

TELL CONGRESS TO DELIVER FOR OUR VETERANS—AND AMERICA.

National Postal Mail Handlers Union

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d l e H s e i l l Ra r e b m e t p e on S y r e v E n i h 27t l a n o i s s e r Cong t c i r t Dis

he NPMHU joined forces with the three other postal unions to mark September 27th as a coordinated day of action to Save America’s Postal Service. Acting together, the NPMHU and the National Association of Letter Carriers (NALC), the American Postal Workers Union (APWU), and the National Rural Letter Carriers Association (NRLCA) rallied in nearly every congressional district in the country to build support for H.R. 1351, a bill introduced in the House of Representatives by Rep. Stephen Lynch (D-MA). “It is crucial that Mail Handlers let all Members of Congress know the importance of the issues faced by the Postal Service, by its employees, and by the American mailing public,” said National President John Hegarty. “The Postal Service faces serious financial problems, in large part caused by prior actions by Congress, and it is Congress that should adopt the obvious solutions, including H.R. 1351.” The Lynch bill would prevent the financial collapse of the USPS – without closing thousands of post offices, eliminating hundreds of mail processing facilities, delaying mail delivery, laying off 120,000 workers, cutting postal workers’ pay, or ending collective bargaining rights. Unfortunately, Rep. Darrell Issa (R-CA), the chairman of the

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House Oversight and Government Reform Committee, has another idea, and apparently is blocking consideration of H.R. 1351. As an alternative, Rep. Issa has introduced a bill that would destroy the Postal Service as we know it. His bill (H.R. 2309), which is co-sponsored by Rep. Dennis Ross (R-FL), would do nothing to correct the cause of the USPS financial crisis: It would do nothing about the billions of dollars in USPS overpayments to its pension accounts, and it would do nothing to correct the 2006 congressional mandate that requires the Postal Service to pre-fund the healthcare benefits of future retirees. No other government agency or private company bears this burden, which requires the USPS to fund a 75-year liability in 10 years – at a cost of more than $5 billion annually. At the rallies on September 27th, the unions asked legislators to co-sponsor H.R. 1351. Where lawmakers have already signed on, the rally participants expressed their appreciation for their support and asked them to pledge to do everything in their power to ensure its passage. The unions have developed a common website to provide information about the rallies. All Mail Handlers are urged to visit saveamericaspostalservice.org for more information, and to see photos, videos and news accounts from rallies across the country.

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National Postal Mail Handlers Union

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The Mail Handlerâ&#x20AC;&#x192; |â&#x20AC;&#x192; 17

11/23/11 12:45 PM

Semi-Annual

Meeting o f

t h e

Local Unions

(l-r) Local 300 Treasurer Kevin Tabarus, Local 322 President Michael McIntyre National President John Hegarty brings the SAMLU to order

National Secretary-Treasurer Mark Gardner presenting the Financial Report

(l-r) Northeastern Regional Director Terry Donahue, Local 305 SEBM Kevin Fletcher

Milwaukee, WI

(l-r) Southern Region Director Charles Reynolds, Central Region Director Dianne Williams, and Local 306 Vice President June Harris

s called for in the NPMHU National Constitution, a national meeting of the NPMHU Local Unions was convened in August of this year in Milwaukee, Wisconsin. In attendance at this meeting were members of the National Executive Board, General Counsel for the National Union, all NPMHU National Office department heads, personnel from the National and Regional Contract Administration Department (CAD), the RI-399 RDRC Regional Coordinators, and various officers and representatives from the NPMHU Local Unions. Central Region Vice President and Local 306 (Illinois/Wisconsin) President Jefferson Peppers kicked off the event by welcoming all attendees to the beautiful state of Wisconsin, and to offer information and any assistance to the attendees from the Milwaukee representatives in attendance at this meeting. Following a roll call of the Local Unions, National President John Hegarty introduced the other members of the NPMHU National Executive Board and key staff members from the Union’s National and Regional Offices. President Hegarty then offered his congratulations to Local 334 (South Carolina) President Arthur Perry, Local 297 (Missouri/ Kansas) President Beverly Henderson, Local 311 (Texas) President Larry Gibson, Local 321 (Colorado) President Don Gonzales, and Local 330 (Idaho) President Bob Griffith, each of whom was recently installed as Local President. Congratulations also were extended to Don Sneesby, who will soon be assuming the position

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Local leaders in deep discussion

of Local 316 (Washington/Alaska) President following the retirement of current Local 316 President Pat McClear.

NPMHU group, and implored that we all remain vigilant in the face of continued attacks against organized labor.

President Hegarty then took the opportunity to publicly express, on behalf of the entire assembly, his appreciation to Local 316 President Pat McClear, who has announced his pending retirement from the USPS, and the end of his many years of active service to the NPMHU.

Following these opening activities, President Hegarty turned to his comprehensive report to the assembly, and entertained numerous questions and comments on a variety of topics, including:

President Hegarty also extended congratulations to Local 300 (NY Metro) President Paul Hogrogian, and Local 323 (Minnesota/North Dakota) President Jeff Larsen, who both were recently re-elected as President of their respective Local Unions. Brother Hegarty also congratulated other recently elected and reelected Local Union officers who were in attendance at this meeting. During the opening session of the meeting, attendees were very pleased to hear remarks from Wisconsin State Senator Chris Larson, who earlier this year took a principled stand, along with his fellow Democratic State Senators (who will forever be known as the “Wisconsin Fourteen), against the anti-worker, unionbusting initiatives of Wisconsin Governor Scott Walker. The actions of these honest and principled elected leaders triggered a flashpoint for organized labor. Their actions served to galvanize the strength and solidarity of union members and working class people—not just in Wisconsin, but also across our country, and with the support and backing of the entire international labor movement. Senator Larson shared his perspectives and insight with the

• a review and discussion of the recentlyreleased USPS craft determination relative to the Advanced Parcel and Bundle Sorter (APBS); • a comprehensive review and analysis of the current USPS financial situation, including a review of various legislative and regulatory efforts which could impact postal finances going forward; • a discussion on, and NPMHU response to, recently-announced plans by the Postal Service to close some 3,700 small post offices, to initiate Area Mail Processing Studies (AMPs) on nearly fifty percent of its mail processing plants, to move forward with its plan to move from six to five day delivery, to seek Congressional authority to both abrogate the no-layoff provisions previously agreed to in its collective bargaining agreements, and to allow for the creation of separate USPSmanaged health and pension programs— and then mandating the movement of all current postal workers and retirees from Fall 2011

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NPMHU Local Presidents

(l-r) Central Region Vice President Jefferson Peppers III, Local 321 President Don Gonzalez

Local Presidents discussing the day’s business

the existing OPM-managed health and pension programs into these new proposed benefit programs; • a discussion of current national economic factors, and the resulting $978 per year increase (to become effective during September 2011) for all Mail Handlers under the NPMHU contractual cost-ofliving allowance (COLA) provision; • a discussion of the latest report of the Committee on the Future of the NPMHU, which has as its primary focus the legislative and political agenda of the NPMHU for the 112th Congress, with particular emphasis on pending and proposed legislation seeking to provide financial relief to the USPS from its massive over-funding of its CSRS and FERS pension funds, and its onerous pre-funding obligation into its Retiree Health Benefits Fund; • an update on the distribution of the recently-completed Contract Interpretation Manual (CIM) Version 3; • an update on matters related to the LIUNA International Convention to be held in September of this year; • an update on logistics and continued planning by the NPMHU in preparation for its 2011 collective bargaining process with the USPS for a successor NPMHU National Agreement. National Postal Mail Handlers Union

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Following discussion of the issues presented by President Hegarty, National Secretary-Treasurer Mark Gardner provided a detailed presentation and entertained questions and comments on a variety of topics, including: • the NPMHU financial statements for the quarter ending June 30, 2011; • an updated presentation and analysis related to Mail Handler complement, membership trends, and revenue allocation among our Union’s affiliated organizations; • a review and discussion of issues related to the NPMHU Revenue Sharing Program; • an analysis of net Local Union revenue trends; • an updated comparison and analysis of NPMHU and APWU wage adjustments since implementation of our respective 2006 National Agreements; • a presentation on the cost of living allowance (COLA) provisions contained in our National Agreement, including the recently-announced COLA increase to become effective in September 2011;

presentation from National President Hegarty outlining the NPMHU plan to restructure its Contract Administration Department over the course of the coming months. NPMHU Legislative and Political Director Bob Losi then provided comprehensive reports on various important legislative and political efforts with which the NPMHU and its activists continue to be involved. Following his report, Brother Losi updated the attendees on specifics relative to the Mail Handlers Political Action Committee (PAC), which concluded with his hosting of the annual PACie awards to acknowledge those NPMHU Local Unions with the greatest participation of its membership in the Mail Handlers PAC. Breaking the NPMHU Local Unions by relative size, this year’s winners were Local 315 (Oregon), Local 310 (Georgia), and Local 301 (New England States). Winning in the Most Improved category was Local 333 (Iowa), and taking the prize for the most Ambassador Level members was Local 310 (Georgia).

• a report on various scheduled NPMHU national meetings and training programs.

National President Hegarty ended the first day of the meeting by administering the Oath-of-Office to Local 321 President Don Gonzales, who recently assumed his new position following former Local 321 President Mike Hora’s relocation to Washington, DC to serve as a National Contract Administration Department Representative.

The assembly then heard a report from General Counsel Bruce Lerner on litigation and other pending legal matters involving the NPMHU National Union, followed by a comprehensive

On Day 2 of the meeting, the attendees heard a comprehensive report and discussion from Coventry Manager of National Accounts, Brad Corban, on the status of the Mail Handlers Benefit

• a review of issues relative to the upcoming 2012 NPMHU National Convention; and

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Wisconsin State Senator Chris Larson (D-WI) addresses the SAMLU (l-r) Local 321 SEBM Tony Wilson, Local 316 Vice President Leonard Ebio

(l-r) Local 303 Representative Juanita Wright, Local 303 Representative Juliet Schnyder, Eastern Region Vice President Sam D’Ambrosio, Local 303 Recording Vida Sloan

Local 300 Vice President Robert Blum adding to the discussion during the morning SAMLU session

Vice President Central Region and Local 306 President Jefferson Peppers III welcomes the SAMLU to Milwaukee

Plan (MHBP). That report covered various topics, including a summary of the MHBP strategic action plan, a discussion on the 2012 rates and benefits projections, and an overview of the 2012 MHBP Open Season marketing plan. Contract Administration Department Manager Bill Flynn then provided a full report and entertained questions and comments from various attendees on the activities of the Contract Administration Department since the last meeting of the Local Unions. The remainder of Brother Flynn’s presentation was based on the written report that was circulated at the meeting (and which has since been distributed on CD to all NPMHU Officers and Stewards) and included the following topics:

(l-r) Local 322 Treasurer Diane Owens, Local 322 Branch President John Szewczyk, and Local 322 Branch President Damon Feher

• Network Redesign: Area Mail Processing (AMP) Studies and the possible Consolidation or Closing of Postal Facilities • Stations and Branches and Small Post Offices Targeted for Possible Closing • RI-399 -- Jurisdictional Disputes • Cases Pending National Arbitration • Changes to the ELM on Family and Medical Leave Act and Return to Duty Issues

• Voluntary Protection Program (VPP)

• Contract Interpretation manual (CIM)

• Pilot Test on Consolidation/ Deconsolidation of Trailer Loads

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• Severance Pay • ASM Changes on Web-Based Communications • Quality of Work Life • Task Force on Discipline • Step 4 Appeals

• Network Distribution Centers; Status of Surface Transfer Centers

Local 322 Branch President John Szewczyk

• National Reassessment Program

• Union Time: Newsletter for Local Union Officers and Stewards

• Negotiations for the 2011 National Agreement

Local 328 Branch President Sioux Falls Pat Samedsrud

• Article 12 Task Force

• Flats Sequencing System

• NIOSH Evaluates AFSM Tasks

Local 334 SEBM Sheldon Adams

• Subcontracting of Footlockers

• FMLA and Shared Services

• Implementation of the 2006 National Agreement

• USPS Organizational Structure Changes

(l-r) Southern Region Vice President Bruce Z. Miller, Local 310 Vice President Lisa Greer, Local 310 President Andy Badilishamwalimu

• Container Towing

Local 334 President Arthur Perry Sr.

Local 311 Recording Secretary Eileen Mills

Local 328 President Todd Larsen

Eastern Regional Vice President D’Ambrosio and Northeast Region Vice President Hogrogian led a discussion on issues related to the NPMHU/ USPS Article 12 Task Force, with particular emphasis on two Memoranda of Understanding (MOUs) which were negotiated earlier this year under the auspices of the Article 12 Task Force, the implementation of which are ongoing. These MOUs are entitled:

Local 305 SEBM Kevin Fletcher

Local 333 President Randy Krueger

Local 308 President John Gibson

Fall 2011

11/23/11 12:46 PM

National CAD Director Bill Flynn delivering the CAD Report

(l-r) National President John Hegarty, State Senator Chris Larson (D-WI), National Secretary-Treasurer Mark Gardner

MHBP Manager National Accounts Brad Corban discusses the health Plan with the SAMLU attendees

Local 306 SEBM Richard Coleman

Local 304 members with a great NPMHU T-Shirt design showing their Solidarity.

Local 334 Recording Secretary Tracei Ealey

MOU Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers—which essentially provides priority reassignment consideration through the USPS eReassign process for Mail Handlers who are employed in a postal facility experiencing excessing; and MOU Re: Excessing Issues—In general terms, this MOU gives Mail Handlers who are subject to involuntary reassignment to positions in other installations, as well as senior volunteers, the opportunity to be reassigned as unassigned FullTime Regulars to installations nearer to their current installations rather than being reassigned only into those installations that have residual vacancies. The MOU also provides that all excessing will be by strict inverse seniority within the employee category (Full Time Regular, Part Time Regular, and Part Time Flexible) rather than by inverse seniority within pay levels, which often has been the position of the Postal Service. To further elaborate on the details of these two MOUs, the attendees heard a presentation from two USPS management members of

Local 318 President Nick Mosezar

Local 332 Vice President Robert McFall

Vice President D’Ambrosio and Local 301 (New England States) President Tim Dwyer provided a status report on the Modified Arbitration Process (MAP) pilot program, which was developed through the Discipline Task Force, and which has been successfully implemented in Local 301. The primary goals of this process are to both expedite the adjudication of cases pending arbitration, and to maximize the cost efficiency of the overall process. As with each of these Meetings of the Local Unions, a solicitation for agenda items was distributed to all Local Union Presidents in advance of this meeting. Agenda items that were sent to the National Office were distributed to all Local Presidents prior to the meeting and, to the

Local 301 President Tim Dwyer

National Postal Mail Handlers Union

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the Task Force, USPS Manager of Strategic Complement Reassignment Bob Brenker and USPS Workforce Planning Specialist Debra Mills, who each played a key role in both the negotiation and implementation of the terms of these two agreements. The presentations were followed by an in-depth group discussion of various issues related to these matters.

National President John Hegarty

Local 305 President Kenneth Hayes

extent possible, the submitted agenda items were addressed in the appropriate reports and through other discussion before the assembly. Several other topics were raised and discussed during the round-robin segment of the meeting. Over the course of the meeting, numerous Local Presidents also took the floor to introduce their fellow Local officers and other representatives who were in attendance at this meeting of the Local Unions, and to express their thanks and appreciation to members of the National Executive Board and representatives of the National and Regional Contract Administration Department, and for the support that they have received from their fellow Local Union officers. By all accounts, this meeting of the Local Unions was both productive and enjoyable, providing its attendees with the opportunity to hear first-hand reports from its national leadership, to engage in important discussions on current issues and challenges affecting all Mail Handlers, and to network with fellow union officers from across the country, and from all levels of the union’s structure.

Local 311 President Larry Gibson

Retired Local 316 President Pat McClear

Local 310 President Andy Badilishamwalimu

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FINANCIAL STATEMENTS FOR 2010 2009 A DIVISION OF LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO | DECEMBER 31, 2009 AND 2010 STATEMENT OF FINANCIAL POSITION

STATEMENT OF ACTIVITIES

ASSETS CURRENT ASSETS Cash and cash equivalents Accounts receivable - local unions Accounts receivable - other Interest receivable Loans to local unions Prepaid expenses

2010

2009

$14,485,523

$14,230,048

Member per capita

$6,786,345

$7,288,316

1,801,818

1,959,623

8,588,163

9,247,939

8,182,688

7,301,751 651,730

26,217 613,494

95,030

134,882

412,099

128,601

MHBP service fee

251,085

205,680

Investment income

1,339,095

16,137,208

15,338,922

National billing program

256,445

277,253

889,826

1,061,396

147,732

122,311

10,118

30,450

Associate per capita

Royalties 1,137,290

716,474

Rental income Sale of promotional items

26,514,900

26,048,845

Miscellaneous

FIXED ASSETS Furniture, fixtures and equipment

2009

59,409

INVESTMENTS Marketable securities - at fair value

2010

Per capita assessments

834,062

LONG-TERM RECEIVABLES Loans to local unions

REVENUE

5,975

29,916

19,420,042

18,722,746

1,295,899

1,264,630

94,087

Leasehold improvements

135,434

Per capita taxes

2,987,382

3,236,945

Land

397,345

Salaries

3,754,275

3,690,312

Automobiles

Building Accumulated depreciation and amortization

719,504

718,939

Payroll taxes and employee benefits

2,269,532

1,967,007

2,642,269

2,610,435

Revenue Sharing Program

3,019,368

2,894,694

(1,652,231)

(1,530,790)

Income and property taxes

2,229,321

2,165,687

990,038

1,079,645

Professional fees

OTHER ASSETS Inventory of promotional items

76,274

74,213

Deposits

97,946

100,166

TOTAL ASSETS

174,220

174,379

$44,953,656

$43,358,265

LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable and accrued expenses Dues collected for local unions Deferred dues revenue Deferred rent abatement

$2,167,286

$1,805,638

1,263,992

1,316,019

504,669

525,788

Security deposit - sublease Net unfunded pension liability TOTAL LIABILITIES UNRESTRICTED NET ASSETS TOTAL LIABILITIES AND NET ASSETS

1,030,355

1,112,478

Rent

789,484

801,934

Printing and publications

354,859

394,682

Travel and lodging

573,721

580,608

Office supplies and postage

319,299

309,926

Meetings and conferences

578,578

573,209

Depreciation and amortization

124,530

122,596

Bank charges

115,589

114,161

Telephone

111,083

121,467

Scholarships

77,866

82,500

Leased equipment

64,212

94,676

Miscellaneous

16,029

39,913

Insurance and bonding

59,638

57,615

27,072

3,963,019

3,674,517

Computer services

41,965

29,229

38,056

77,428

Repairs and maintenance

29,680

51,517

Automobile and housing

42,909

36,402

LONG-TERM LIABILITIES Deferred rent abatement

EXPENSES

9,377

1,105,738

524,207

Promotional items

1,153,171

611,012

Charitable contributions

5,116,190

4,285,529

39,837,466

39,072,736

$44,953,656

$43,358,265

115,525

18,729,100

18,633,715

690,942

89,031

Pension-related changes other than net periodic pension cost

73,788

76,507

764,730

165,538

39,072,736

38,907,198

$39,837,466

$39,072,736

UNRESTRICTED NET ASSETS AT BEGINNING OF YEAR UNRESTRICTED NET ASSETS AT END OF YEAR

66324_Magazine_Fall.indd 22

40,632

134,906

EXCESS (DEFICIENCY) OF REVENUE OVER EXPENSES

INCREASE (DECREASE) IN NET ASSETS

22 | The Mail Handler

4,519

Fall 2011

11/23/11 12:46 PM

NEW WAGE CHARTS REFLECT $978 COLA The Bureau of Labor Statistics released its July 2011 Consumer Price Index for Urban Wage and Clerical Workers (CPI-W) on Thursday, August 18. Based on this release, employees covered under the NPMHU National Agreement received a $978 cost-of-living adjustment increase effective during pay period 20, which began on September 10, 2011.

This annual increase translates into approximately forty-seven cents per hour, and was first reflected in paychecks dated September 30, 2011. Reprinted below are the new wage charts reflecting this COLA adjustment, which is the last increase in wages under the expiring 2006 National Agreement.

Mail Handlers (RSC M) Schedule | Effective September 10, 2011 (PP 20-2011) Part-Time Regular and Flexible Employees Hourly Basic Rates Level 4

Full-Time Annual Basic Rates Full-Time Regular - Level 4

Full-Time Regular - Level 5

Part-Time Regular

Part-Time Flexible

Step Yearly Hourly BiWeekly Overtime

Step Hourly

32,973 15.85

1,268.19

23.78

34,519 16.60

1,327.65

24.90

15.85

16.49

37,347 17.96

1,436.42

26.94

38,895 18.70

1,495.96

28.05

17.96

18.67

42,845 20.60

1,647.88

30.90

44,769 21.52

1,721.88

32.28

20.60

21.42

45,446 21.85

1,747.92

32.78

47,440 22.81

1,824.62

34.22

21.85

22.72

49,271 23.69

1,895.04

35.54

50,023 24.05

1,923.96

36.08

23.69

24.64

49,577 23.84

1,906.81

35.76

50,357 24.21

1,936.81

36.32

23.84

24.79

49,893 23.99

1,918.96

35.99

50,696 24.37

1,949.85

36.56

23.99

24.95

50,197 24.13

1,930.65

36.20

51,021 24.53

1,962.35

36.80

24.13

25.10

50,511 24.28

1,942.73

36.42

51,358 24.69

1,975.31

37.04

24.28

25.26

50,819 24.43

1,954.58

36.65

51,696 24.85

1,988.31

37.28

24.43

25.41

51,136 24.58

1,966.77

36.87

52,028 25.01 2,001.08

37.52

24.58

25.57

51,441 24.73

1,978.50

37.10

52,359 25.17 2,013.81

37.76

24.73

25.72

51,754 24.88

1,990.54

37.32

52,690 25.33 2,026.54

38.00

24.88

25.88

52,063 25.03

2,002.42

37.55

53,029 25.49 2,039.58

38.24

25.03

26.03

52,373 25.18

2,014.35

37.77

53,364 25.66 2,052.46

38.49

25.18

26.19

52,681 25.33

2,026.19

38.00

53,693 25.81 2,065.12

38.72

25.33

26.34

52,994 25.48

2,038.23

38.22

54,027 25.97 2,077.96

38.96

25.48

26.50

National Postal Mail Handlers Union

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The Mail Handlerâ&#x20AC;&#x192; |â&#x20AC;&#x192; 23

11/23/11 12:46 PM

OFFICIAL CONVENTION CALL

✪ NPMHU 2012 ✪

NATIONAL CONVENTION

A u g u s t 6 - 1 1 , 2 0 1 2 in P o r tlan d , O r e g on

his is official notification, pursuant to Article XII, Section 2 of the National Constitution of the National Postal Mail Handlers Union, that the National Convention will be held in Portland, Oregon from August 6 through 11, 2012 at the Portland Hilton Hotel.

All Local Unions are entitled to send delegates to the National Convention. Unless the Local Union is to be represented by a single delegate, in which case the Local President may occupy that position if he or she meets the requirements of Article XII, Section 3 of the National

Constitution, all delegates must be chosen in an open election governed by rules adopted and promulgated by the National Executive Board.

According to Article XII, Section 4 of the National Constitution, all Local Unions are entitled to a minimum of one (1) delegate for every twenty-five (25) members or major fraction thereof. The precise number of delegates which each Local Union sends to the Convention is determined by the Local Union Council. Delegates to the Convention will vote on revisions to the National and Uniform Local

Union Constitutions and on resolutions to guide the future policies of the National Union. In addition, the delegates will be able to nominate up to two individuals for each of the seven elective positions that comprise the National Executive Board of the NPMHU, including the National President, the National SecretaryTreasurer, and five Regional Vice Presidents.

The rules governing the election of delegates to the NPMHU 2012 National Convention, which recently were adopted by the National Executive Board, are printed in this issue of the Mail Handler magazine.

NATIONAL POSTAL MAIL HANDLERS UNION 2012 NATIONAL CONVENTION

RULES FOR DELEGATE ELECTIONS (As adopted by the National Executive Board on October 12, 2011)

ursuant to Article XII, Section 3 of the National Constitution of the National Postal Mail Handlers Union, the National Executive Board is empowered to adopt and promulgate rules to govern the election of Local Union delegates who will attend National Conventions. This document contains the rules applicable to the 2012 National Convention, which is scheduled to occur during the week of August 6 through August 11, 2012 at the Portland Hilton Hotel in Portland, Oregon. (These rules are not meant to be binding in Local Union officer elections; those elections are governed by the provisions of the Uniform Local Union Constitution.)

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I. Number of Delegates for the 2012 National Convention

The Local Union Council of each Local Union shall determine, on or before November 30, 2011, the number of delegates that the Local Union will send to the 2012 National Convention. The maximum number of delegates that each Local Union may send to the Convention is determined by the formula set forth in Article XII, Sections 4 and 5 of the National Constitution: “Local Unions with more than twenty-five (25) regular members shall be entitled to one (1) vote for each twentyfive (25) regular members or major fraction (13/25) thereof.” (Because the date by which the Local Union Council must determine the Local Union’s number of delegates – November

30, 2012 – is before the date for calculating each Local Union’s precise allotment of delegates, during November 2011 the National SecretaryTreasurer will provide each Local Union with an estimate of its maximum number of delegates, by applying the formula contained in Article XII, Sections 4 and 5 of the National Constitution to the first ten months of calendar year 2011. Should the Local Union wish to bring the maximum number of delegates, it must notify the National Secretary-Treasurer of that decision on or before November 30, 2011. The National SecretaryTreasurer then shall notify the Local Union of the precise number equating to the maximum number of delegates for the Local Union as soon as possible after the end of the 2011 calendar year.) In any event, the National Secretary-Treasurer of

Fall 2011

11/23/11 12:46 PM

the NPMHU must be notified of the Local Union Council’s determination promptly after it is made by the Council, but in no event later than November 30, 2011.

nominations must be announced by the Judges at the Nominations Meeting.

III. Judges for the 2012 As provided in Article XII, Section 3 of the Delegate Election

National Constitution (and provided that during the election of Local Union officers the notices to regular members stated that by virtue of his/her election as President or Vice President, the officer is automatically a Local Union delegate or alternate [for the President] to all National Conventions conducted during his/her term of office), all Local Union Presidents by virtue of their election by secret ballot, or if unopposed by acclamation, shall be one of the Local Union’s delegates to the 2012 National Convention; and in the event that the Local Union Council determines that the Local Union is to be represented by a single delegate, the Local Union President shall occupy such position and no separate election of delegates shall be conducted.

II. Nominations

Each Local Union shall hold a special meeting to be known as the “Nominations Meeting for the 2012 Delegate Election” on or before January 7, 2012, at a particular time and place to be established by the Local Executive Board.

At least fifteen (15) days prior to this Nominations Meeting, notices informing the membership of this meeting shall be mailed to each regular member at his/her last known address. In addition, reasonable efforts shall be made to post the same notice on the bulletin boards maintained by the Local Union at each postal facility where regular members of the Local Union are employed. Such notices shall state the number of delegates to be elected, shall set forth the specific time and place of the Nominations Meeting, and shall inform the members of their right to make nominations by mail, including the time and place for making such mail nominations. (See the sample notice attached as Appendix A.) A member need not be present at the Nominations Meeting to be nominated. Members wishing to nominate themselves or other members as candidates for a delegate position may make such nominations either in person at the Nominations Meeting or by mail. If nominations are made by mail, a letter containing nominations must be received by the Judges of the 2012 Delegate Elections prior to the Nominations Meeting. Members using the mail nomination method must send their nominations by registered, certified, or express mail. All mail

National Postal Mail Handlers Union

66324_Magazine_Fall.indd 25

The Local Executive Board of each Local Union shall select the Judges for the 2012 Delegate Election (“Judges”) on or before November 30, 2011. These Judges shall be selected from among the members in good standing of the Local Union. The Judges must meet the eligibility requirements for being elected a delegate, but also must agree that they will not themselves seek to be a nonautomatic, elected delegate to this Convention. For Local Unions with 1,500 or fewer members, there shall be three Judges. For Locals with more than 1,500 members, there must be at least three, but in no event more than five, Judges. After the Judges are selected by the Local Executive Board, the Judges shall assume all further responsibility for conducting the delegate election.

IV. Candidate Qualifications

After nominations have been closed, the Judges are responsible for determining whether the individuals nominated are qualified to be delegates to the 2012 National Convention. As set forth in Article XII, Section 3 of the National Constitution, in order to qualify as a candidate for delegate, a regular member shall be required to have been in continuous good standing in the National Postal Mail Handlers Union for a period of two years and in continuous good standing in his/her Local Union for a period of two years immediately prior to nomination and current in the payment of dues, and s/he cannot have applied for or been employed in a supervisory or managerial capacity by the Postal Service (including any EAS position involved in discipline of employees or application of the National Agreement) for any time during that period, or by the USPS Office of Inspector General or the Postal Inspection Service (including as a confidential informant), for any time during that period. Any member wishing to protest the eligibility of a candidate must communicate his/her objections to the Judges as soon as possible, but in no case later than five (5) days after the close of nominations. The Judges must promptly determine whether the individuals who were nominated are eligible to run, and they must issue a report setting forth their determinations. A copy of the report should be posted on the bulletin boards that are maintained by the Local Union at all postal

facilities, and should be provided to each nominee. Included in this report shall be notification to the membership of the approximate date for the mailing of ballots, and the procedure to be followed for obtaining duplicate ballots. (See the sample report attached as Appendix B.) Should the Judges determine that any nominee is not eligible to be a candidate, they must state the specific reasons for their determination in a letter to the nominee. (See the sample letters to the nominees attached as Appendices C and D.) Any nominee who is disqualified by the Judges shall be entitled to file an immediate protest of that disqualification with the Judges. The Judges shall attempt to respond to the protest as promptly as possible, and shall communicate their decision to the nominee. (See the sample response to a protest filed by a disqualified nominee that is attached as Appendix E.)

If the number of eligible nominees is the same as, or smaller than, the number of delegates that the Local Union Council previously has determined will represent the Local Union at the 2012 Convention, the Judges shall certify that there is no need for a secret ballot election and instead shall declare all eligible nominees duly elected.

V. Voter Eligibility

Every regular member in good standing is entitled to vote in the delegate election. A member is in good standing if s/he has complied with the requirements set forth in the Uniform Local Union Constitution.

VI. Preparation and Mailing of the Ballots

After all nomination protests are resolved by the Judges, the Judges shall determine the number of ballots needed, and shall make arrangements for the ballots to be printed. The official ballots, once printed, shall remain in the custody of the Judges until mailed. (See the sample ballot attached as Appendix F.) The ballots must be mailed to all eligible voters on or before February 10, 2012. (See the sample envelope in which to mail ballots attached as Appendix H.) When mailed, the ballots must be accompanied by (1) a copy of the Notice and Instructions for Eligible Voters Concerning Election of Local Union Delegates To Attend 2012 National Convention (see the sample notice and instructions attached as Appendix G); (2) a secret ballot envelope (see the sample secret ballot envelope attached as Appendix H); and (3) a ballot reply envelope (see the sample ballot

The Mail Handler | 25

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reply envelope attached as Appendix H). The address on the ballot reply envelope must be that of the Judges for the 2012 Delegate Election, at a post office box that has been rented specifically for the receipt of these ballots. The Judges may not use a post office box that previously has been used for nominations, correspondence, or other matters because no one, including the Judges, should have access to this post office box prior to the designated day for picking up and counting ballots in the presence of observers. (See the sample letter to the postmaster attached as Appendix I.)

During the balloting process, the Judges must ensure that there exists a reasonable procedure to allow members to request a duplicate ballot if their original ballot was not received or their ballot was spoiled while voting. All members requesting a duplicate ballot should be mailed such a ballot, and the ballot reply envelope for any duplicate ballot should be specially marked. The Judges must keep records of all members who requested and were mailed duplicate ballots. At the pre-established deadline for the receipt of ballots, which must be on or before March 12, 2012 (but in no event less than 16 days after the mailing of the ballots), all ballots must be picked up from the Post Office Box by the Judges, with an opportunity for properly appointed observers to be present. The Judges thereafter shall proceed to check the name on each ballot reply envelope against the list of eligible voters, to determine voter eligibility. The only legal requirement during this delegate election is that the name of the voter appear on the ballot reply envelope. The other information requested on the ballot reply envelope is to ease the identification of eligible voters only. The ballot reply envelopes then should be opened and segregated, and all secret ballot envelopes must be mixed thoroughly to prevent any possibility of identification. Thereafter, the secret ballot envelopes should be opened, and the ballots counted. It is the responsibility of the Judges to ensure that all ballots are counted if they indicate the voting preferences of an eligible voter (e.g., if a member is allowed to vote for seven candidates, and the member votes for six candidates plus one write-in candidate, the six votes should be counted; conversely, if a voter is eligible to vote for seven candidates, and the member votes for eight or more candidates, then that ballot must not be counted). The number of candidates receiving the highest number of votes – equal to the number of delegates to be sent by the Local Union to

26 | The Mail Handler

66324_Magazine_Fall.indd 26

the 2012 National Convention, as previously determined by the Local Union Council— shall be declared elected. Candidates who are not elected, but who received the next highest number of votes, shall be declared alternates, with the candidate receiving the most votes (other than the elected candidates) declared the first alternate, the candidate receiving the second most votes (other than the elected candidates) declared the second alternate, and so on. The naming of these alternates is necessary so that the Local Union knows who will serve as a delegate if, for some reason, an elected delegate is unable to attend the Convention. In the event of a tie between two or more candidates receiving the largest number of votes for the final delegate position, a neutral tie-breaking procedure adopted and announced in advance of the election by the Judges of Election may be used to break the tie. If no such procedure is adopted in advance, and absent mutual agreement by all candidates involved in the tie for the final delegate position, a runoff election will be held among the tied candidates only.

VII. After the Ballots Are Counted

Upon completion of the election, the Judges shall certify the results of the election and shall promptly post a notice of the results on the Local Union’s bulletin boards at each postal facility in which regular members of the Local Union are employed. Such notice shall account for the total number of ballots cast and shall state the number of valid votes cast for each candidate. (See the sample notice attached as Appendix J.) Immediately after certifying and posting the results of the election, and in any event no later than March 14, 2012, the certified results of the election must be forwarded to the National Secretary-Treasurer at the National Office.

All envelopes and ballots, together with all other records pertaining to the election (including, but not limited to, all unmarked ballots, envelopes, voter lists, and tally sheets) must be preserved by the Judges at the Local Union offices for at least one year from the date of delegate certification.

VIII. Rights of Candidates

Each candidate may join a group of candidates running as a slate. Any group of candidates running as a slate shall be entitled to be identified on the ballot as members of a designated slate provided that written notice is given by each such

candidate to the Judges of Election no later than 10 days prior to the scheduled date on which the ballots are to be mailed. Each individual voter, however, must be allowed to choose among individual candidates if s/he does not wish to vote for an entire slate, and the voting instructions must specifically inform the voter that s/he need not vote for an entire slate. In other respects, slate voting should be implemented by the Judges of Election in a reasonable manner that is consistent with the basic requirement of fairness in the election. Each candidate is entitled to an observer (or, if approved by the Judges as necessary, multiple observers) appointed from among the members of the Local Union who may be present at the preparation and mailing of the ballots, their receipt from the post office and the opening and counting of the ballots, to ensure that the rights of the candidate on whose behalf s/he serves are protected. A candidate may designate him/herself to serve as an observer. Upon qualifying each candidate, the Judges shall notify each candidate of his/her right to have an observer present at all times during the conduct of the election and shall give reasonable notice to the candidate or his/her observer, if known by the Judges, of the time and place of each phase of the balloting process. This provision shall apply regardless of whether the election is conducted by this Local Union or by an outside organization or agency.

Each candidate shall be entitled to send uncensored campaign materials at his/her expense utilizing any special mailing privileges available to the Local Union. All candidates shall be treated equally with respect to the expense of such mailing which shall not exceed the actual cost incurred by the Local Union to handle the mailings. Any regular member in good standing of a Local Union who desires to protest the manner of selecting a delegate or delegates to the National Convention from his/her Local Union must file a protest with the National President not later than thirty (30) days after the Local’s delegate election has been certified by the Judges. The National President will acknowledge such protest and advise the member as to the manner in which such protest will be considered by the Credentials Committee appointed pursuant to Article XII, Sections 9, 11, 12, and 13 of the National Constitution.

Fall 2011

11/23/11 12:46 PM

Charity Begins at Home Give to the Postal Employees’ Relief Fund Every year, hundreds of postal employees and retirees are devastated by hurricanes, earthquakes, floods, tornadoes, wildfires or home fires. To help rebuild or repair homes and property following insurance and Federal Emergency Management Agency payments, the Postal Employees’ Relief Fund (PERF) — operated jointly by postal unions, management associations and the Postal Service — helps ease the suffering by administering grants.

PERF CFC #10268

Established in 1990 during the aftermath of Hurricane Hugo and the California earthquakes, PERF has made it possible for our postal family to generously contribute more than $15 million in grants to 3,000 victims. Grants to Hurricane Katrina victims exceeded $8 million, so your generosity — more than ever — is needed by your postal family. Mail checks to: Postal Employees’ Relief Fund PO Box 7630 Woodbridge, VA 22195 Any donation made to PERF, a non-profit 501(c)(3) organization, is a charitable tax deduction. Please visit: www.postalrelief.com. Designate CFC #10268 - Postal Employees’ Relief Fund during the Combined Federal Campaign.

I would like to support the work of the Postal Employees’ Relief Fund in providing grants to active and retired postal employees who suffer significant damage from natural disasters and home fires. Please accept this tax-deductible contribution of $ ________________________________ NAME: _______________________________________________________________________ ADDRESS: ____________________________________________________________________

Mail to: Postal Employees’ Relief Fund, PO Box 7630, Woodbridge VA 22195

National Postal Mail Handlers Union

66324_Magazine_Fall.indd 27



CITY/STATE/ZIP: ______________________________________________________________

The Mail Handler | 27

11/23/11 12:46 PM

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11/23/11 12:46 PM