THE BURNING EMBER 33

EMPLOYEE ALERT
FMLA IS ABUSING YOUR RIGHTS

Well it is happening, the Portland District FMLA coordinator office is running amok. It was to be expected though, given the recent changes in the FMLA rules put in place by the Bush administration; the Portland FMLA Coordinator, also known as Lori the Bus is however is taking things past the limit. Before we get into what is going on a brief explanation is in order. As with most things in management the Bus is a much better discombobulating the FMLA office than she is at coordinating. She acts more like a bus—running over employees with no regard for their rights.

Now, the intent of the Family Medical Leave Act is to protect people from losing their jobs when they need to take time off from work for pregnancy, birth, adoption, or placement of a foster child. It can also be used to protect people’s jobs when time off is needed because of a person's own or their dependent's serious or chronic health conditions. Congress recognized that people needed this protection and passed the original law in 1993.

Under Federal law, and the USPS is covered by that law, an employee can ask that an absence be protected by FMLA. There are certain things an employee must do to qualify; the employee must have been employed by the same employer for one year; the employee must have worked 1250 hours for the same employer in the twelve months preceding the request for FML. Be aware that there are some restrictions on what hours count, for the most part actual work and overtime hours will count toward the total, whereas most leave hours do not count--LWOP never counts. Typically it is not hard for most employees to get the hours to qualify, in a normal year a full time employee works about 2080 hours--more than enough even with time off for vacation and sick leave. The law also limits the amount of protected leave you get in one year.

An employee is entitled to twelve weeks of FMLA protection a year. This protection covers parents when they are absent from work to have or adopt a child. It helps people when they have a serious illness or injury or when they miss work due to diabetes, asthma, and arthritis. It protects people who have to care for their sick children or aging parents. That is the intent of the FMLA—to provide some job protection for families. The Postal Service seems to have taken another approach, that of making it difficult for employees to get FMLA protection by looking for any reason to deny employee requests. Lori the Bus has taken that approach one step further.

The Bus, takes advantage of employees' trust and lack of knowledge of FMLA rules. The Bus looks for any reason, right or wrong that she can use, to deny FMLA protection. The Bus tells employees they have to provide FMLA Certification within 15 days and if they do not she denies the FMLA protection. She asks employees to provide information about their condition, such as diagnosis, that they do not have to divulge, violating employees’ privacy. If an employee fails to provide that information then she denies the FMLA protection. Worst of all, in what has to be the most boneheaded decision ever the Bus holds onto FML requests if she thinks they will be approved and focuses on disapproving those she can. This creates more problems for employees.

What happens then is that employees who should have their time off protected end up having to fight to get their requests approved. Employees have to deal with their supervisors, who get little if any useful information from the FMLA office. This is causing a lot of confusion among employees with many just giving up and then end up being targeted for discipline due to unscheduled absences that rightfully should have been protected. Understand, that you cannot trust the FMLA office or your supervisor to give you the correct information regarding your FMLA rights--neither want to help you and most supervisors just do not know the law and the rules. To summarize, they are not your friends.

Well with all of that said there are some simple things that employees can do to avoid getting sideswiped by the Bus. You must be proactive; you must fulfill your part of the issue in order to get FMLA protection. There are a few simple steps to follow.

First, get in touch with your shop steward right from the start; do not wait until you receive a denial letter from the uncoordinated FMLA office. Second, be sure to get your forms into the FMLA office on time and if you need more time make a request on the phone and follow up in writing. Third, when sending documents to the FMLA office use some type of delivery confirmation, Express Mail, Delivery Confirmation, or Certified Mail with return receipt. Finally, keep copies of all papers that you send or receive from the FMLA office. You must be proactive; do not wait for the FMLA office as it is to their advantage if you fail to act. All of these steps are very important both to protect your rights and if your steward has to file a grievance.

Be assured that most of our local stewards are well-trained and experienced in FMLA rules and procedures; they deal with FMLA issues frequently Those who are not know who is and how to get in touch with those who are trained. If you want fewer problems with getting your FMLA involve your steward right at the start.

Oh, as a closing note, the current U.S. Congress is starting the process to revoke the Bush changes. You can go to www.apwu.org to get more information. I strongly suggest that you get in touch with your legislator and urge them to support this legislation. Again it is important to take action to protect your rights. Take action to protect your rights and help put the Bus back into the garage.

THE BURNING EMBER 32

LIMITED/LIGHT DUTY
DOES NOT CAUSE P.O. PROBLEMS

I have taken some time to do this post as I wanted to do some research into this issue. To start, let me state that I am appalled. I cannot believe some of the brutally insensitive and grossly ignorant comments about employees who are on limited/light duty. Maybe I expected better; maybe I expect employees at the Post Office, who all benefit from the protections of the contract, to be better informed and more aware of what their rights are under the Collective Bargaining Agreement (CBA). It seems that some people just want to cast limited/light duty employees out the door. Of course these are the people who are loudest complainers when if comes any wrongs they suffer at the hands of management, including their own limited/light duty, or they are in management.

Now, I understand that there is an issue of the worthless ex-president, who is on light duty, but regardless of what he is doing, and he does have the right to request light duty, it does not justify attacks on limited/light duty employees as a group. Lumping these people together as a group is not only typical management behavior it is prejudiced and divisive--no good will come from these attacks. I do have a bit to say about this, but before I do though let me clear some things up. First, the Post Office is obligated under Article 13 of the CBA to provide limited/light duty work. There are things that an employee must do to get limited or light duty, but be it understood that it is an obligation on management to provide such work to employees who are unable to perform their jobs. Limited/light duty is a right of all employees that is protected by the contract, the law, and the Union. Second, notice the terms limited and light duty. For those who are unaware the Post Office has two different terms for injured or ill employees who are unable to perform their jobs those are limited and light duty; limited duty refers to employees who were injured or became ill on the job, light duty refers to employees who were injured or became ill off the job and who are not fully recovered or have reached the level where they will not get any better, known as maximum medical improvement. Limited duty is part of the Federal Employees Compensation Act (FECA), which is Federal Law, which is administered by the Office of Workers Compensation (OWCP). OWCP has the final say as to if an employee is able to perform limit duty and under what the limitations. Employees who have reached maximum medical improvement, but who are unable to perform the full duties of their job can given what is called a rehab assignment. Fully recovered employees are returned to their duty assignments. Light duty is administered by the Post Office, under which there are two categories temporary and permanent. One important thing that everyone needs to keep in mind is that both limited and light duty, whether permanent or temporary must be supported by medical documentation. So if an employee is on limited duty they are seen and treated by a doctor and then the case is reviewed by OWCP to determine if it is an on the job injury and what work the employee is able to perform based upon what the doctor states are the employee limitations. Now some folks will say that some doctors will write anything for their patients. This might be true, but there are protections in the system.

If OWCP chooses to it can send the employee for a second or third opinion. The same is true for light duty, except that it is administered by the P.O. If the P.O. desires it can send the employee for a second or third opinion also. There are procedures outlined in the CBA and other manuals to make certain that only deserving employees are given limited or light duty. The system is not perfect; no system made by humans is perfect. The fact that some people might take advantage of the system does not justify broad attacks on all employees who are on limited/light duty. It is a right for all employees. Unfortunately most employees will need to be on limited/light duty at some time. So keep in mind, all of you who attack limited/light duty that when the time comes that you are injured or ill and unable to perform your job you will be protected by the same system that you are attacking now. With that clear I want to address some other comments.

Management can reassign employees on limited or light duty. Again there are rules that management has to follow. Employees can be reassigned to different shifts, facilities, and crafts in order to provide work. Problem is that management just cannot seem to get this right. So when I see comments about how we just need to get rid of all of the limited/light duty I figure that the must be coming from some moron 204b, supervisor, or manager who does not understand their obligations and just wants to find an easy way to deal with the issue. These same morons also want to blame the financial problems of the USPS on limited/light duty. What a steaming pot of poop.

Anyone who has been paying attention knows that the Bush administration, seeing an opportunity to pull in some cash to the Federal coffers and looking for an excuse to rationalize the privatization of the USPS strapped an obligation to the USPS that they did not do to any other Federal Agency. That obligation is the pre-funding of retirees health care benefits to the tune of 55 billion dollars over the next ten years. For those with math problems that is 5.5 billion dollars a year. So when the USPS says it is losing 2 billion dollars a year, you might want to thank Georgie Bush and his pals and not blame the limited/light duty employees like some brain dead supervisor or manager.

As far as limited/light duty infringing on the rights of others and such, well no person is required to do the work of two people. If you think you are and if you are taking short cuts then the only person you can blame is yourself. The CBA states that you are only required to give a fair day's work for a fair day"s pay. Keep in mind that not everyone has the same abilities. I know that I am not in a position where I can judge others work abilities so I tend not to throw the first stone.

Also, management can create duty assignments to cover limited/light duty employees and heaven forbid they could actually hire people to properly meet staffing needs. The real problem then goes back to management not doing the right thing for all employees, healthy or not. Management that does not even for the most part know or understand their own rights, rules, and obligations. Management that tries to be inventive and creative, but completely ignores their agreements and trashes employees. When we have people like Lisa Shear running the show it is no wonder that the USPS has so many problems. Look at the wonderful way she botched the past Christmas season. I wonder how many more semi trailers are still parked somewhere in Portland with Christmas Priority Mail inside and she still gets to keep her job. You folks who keep pointing at the limited/light duty need to place the blame for the Post Office's problems where it really lies; incompetent management.

In closing I have copied one of the comments from the last blog that sums up my thoughts quite well.

Lone Wolf said...

Let's see, can't make a good argument so you attack the background, knowledge, skill, experience or ability of the person. Just for the record, along with my postal service I have been self employed, worked for the private sector, oh and I still work for the private sector along with my post office job. I have not seen rampant layoffs in my field of work. I also served in the military and when I left the military I worked for two more years in the private sector before getting on at the Post Office. During that time I used my VA benefits and food stamps, that ought to stick in your craw, and went to college and earned a degree in two majors one of them being Business Administration. I continually look for other jobs and I know full well how difficult it is to find another one in the private sector, it is even more difficult in the Federal Government, especially one that pays as well as the Post Office. I hope to find one that meets my needs and wants. I have also been on light/limited duty occasionally during my time at the post office as injuries or illness required. At my private sector job they allow people to be on light duty as well, without being sent away. I have been there and done that as they saying goes, how about you?
People need help occasionally as they suffer the ups and downs of life. What is wrong with helping people through difficult times?

Your question as to who to get rid of the light duty people or the workers is such a weak argument and it clearly demonstrates a bad mind set of some people that there has to be a choice between light duty or no Post Office. Well, there doesn't. You make it sound like employees on light duty are pushing the Post Office under, that it is breaking the budget. Well here's a thought; the USPS budget is not being broken by the few employees on light duty. They are working, they are doing something. So many people buy into the management argument that the light duty employees are causing the problem that it scares me, you seem to have taken that idea hook line and sinker. By the way how much does the Post Office to pay people on light duty? Do you have some real hard figures or are you just talking out your backside? My feeling that you do not have a clue.

As far as fixing the problems at the Post Office, my experience leads me to believe that the management side of the house is far more bloated and overpaid than the craft side. EAS gets paid a lot more for doing a lot less. I say reduce the numbers of supervisors and managers. Oh, and you still sound like a supervisor.

I would also suggest that everyone take a good look at Article 13 of the CBA before you decide to attack limited/light duty employees. The next one asking for limited/light duty could be you. When it happens I strongly suggest you get hold of your steward, he or she will be able to help protect your rights and your job.

THE BURNING EMBER 31

STINSON'S STUPIDITY STILL STINKING

Though it has been weeks since he was given the boot it seems that the odor of Stinson's blunders is still hanging over the local. It is bad enough that he continued to attack the Clerk Craft throughout his stint, unfortunately it seems that he now has turned on his own craft. The lame-duck agreement signed by Stinson on his way out the door is just another typical bit of Stinson stupidity. I was provided a copy of the agreement and have shown it to others and the response has been unanimous; how could he put his name to an agreement that purports to be for 18 months, when it can be canceled by either party with 30 days notice? Which means that management is probably going to cancel the agreement, resume subcontracting, and refuse to negotiate any changes to the split days off on MVS routes. Thanks a lot Greg, you really know how to screw over your fellow employees, oh wait, they are not your fellow employees as you have not come back to work yet. I mean you failed your DOT physical and have refused the light duty offer from your friends in management. I have heard that you are currently on sick leave, hiding again, from those you screwed over while you were in office. So, the effects of your agreement with management will not affect you since you will not be driving. Well, I guess that is what MVS gets for helping put you into office. Now, your little minion Steve Clinton will have to fend for himself. No experience, no knowledge, makes me wonder how he will handle any issues for the Craft. Oh, wait, he is going to run to you for help. How just, you will have Clinton handling your grievances with your guidance, wow maybe then you can screw yourself. How poetic. Maybe it is time to look at that 204b detail.

Whatever happens it will not be long until Stinson fades into oblivion and anonymity. His stink will soon be gone and with that this blog will change its focus. For the people who follow this blog, the time has come for this writer to put some of the heat on management. We have some pretty awful people in management who deserve a bit of the heat; maybe some of the supervisors or the FMLA office who knows. There are lots of issues that need to be exposed. I would like to address issues that matter to the local and the members of the local. Some ideas would be FMLA, FECA, leave issues, and such. If anyone has any topic or question in particular please leave a comment on this blog and I will contact my sources in the local and give you the best opinion I can.

Along with that, though I have great confidence in the new local executive board, I will continue to monitor and report on issues affecting the local and will apply heat as needed. Let me know what you want to hear, otherwise I will write and post as I can. I do have some good tales to tell about some of the folks in management that will be quite entertaining.

THE BURNING EMBER 30

NEW PRESIDENT TO BE SWORN IN
TOMORROW

Well, for those of us who have been looking forward to the day when Greg Stinson would no longer be in office, tomorrow, 4 Jan 09, will be that day. The membership meeting in November, as is allowed by our local constitution, decided to move the meeting to the first Sunday in January in order to get the new administration in control of the local and to minimize any damage done by the bullfrog. Fortunately, he has not shown his face since the election. Although he has continued to demand to be paid. Amazing, no work and still getting paid, now that is a country club attitude if I have ever seen one. Some folks are wondering what he might do to retaliate against the local, there is now telling what goes on in that small mind. He might try to sue the local or the other members of the executive board which would cost the local some more money and would demonstrate his completely childish, selfish and anti-union attitude. He failed to appeal the election results within 72 hours so he has lost that issue. No matter what he will be out of office as of Sunday night. He is going to have to go back to work. Since he did management so many favors in the time he was in office, maybe he can get that job with management. Now that would be fun.

I would like to see everyone who can at the meeting tomorrow, that will be more fun.