Friday, February 27, 2009

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.

23 comments:

Anonymous said...

I'm glad you did some research on the subject, and mentioned the ex-president as well. I wish you would have addresses a bit more as to those on light duty for a third or half or most all of their postal career. And why they can't be removed from their craft's seniority roster after that long of time so the craft doesn't have to suffer and can move on. And what about excessing (which most assume isn't far around the corner), do light duty employee's get to stay and healthy hard working employee's have to go? I remeber being told once before in life that "the world doesn't owe you a living", and maybe that could also be reworded as to "the post office doesn't owe you a living". A fair days work for a fair days wage still runs in my blood. And no, the light duty employee's are not the cause of the post offices financial problems, just a part of it. And bad management or supervisor decisions are a part, as is sick leave abuse, and many more including the economy that all bring it down. Raising the price of stamps can't cover it all!

Anonymous said...

Could someone explain exactly how a person on light duty makes a craft "suffer" and how removing moving them from the seniority roster would make it better?

Anonymous said...

Would be glad to explain that to you when I have more time. But first it would be helpful to know what craft you are in and how many employees are in it total. Because sometimes size does matter! As far as removing them off the seniority roster; well, that is the only actual way I am aware of to hire a replacement to do the job. Until then, nobody can be hired.

Anonymous said...

You are sadly misinformed. Where are you getting your information and where does it say that the Post Office cannot hire someone until there is an opening on the Seniority Roster. The Post Office can hire people anytime they choose to do so. The new hires are just added to the bottom of the list. There is no stated limit. The Post Office is not hiring right now because they choose not to, not because someone is on light duty. It is a self-inflicted wound so to speak. The Post Office could go out tomorrow and hire hundreds people if they decided to lift their self-imposed restrictions. You need to go read Article 13 of the Collective Bargaining Agreement and stop believing what management is telling you. You should find in the CBA that having a person on light duty does not harm or cause the craft to suffer.

Anonymous said...

Management isn't telling me anything, and just what craft do you work in anyhow? You really remind me of someone who may very well be on light duty for a long duration of time and really need to pull your head out of your a*s. Come on over to my craft and put a few years in and I'm sure your opinion might change some. We don't have 300-500 employee's. And we aren't necessarily hiring either. Like being robbed of your off days while still paying union dues? Come on over and join our craft. I dare ya!

Anonymous said...

Just a sidenote to my previous posting: You will need a CDL (Commercial Drivers License Class-A) and a minimum of 2 years commercial driving experience. And you will need a valid DOT (Department of Transportation) Medical Card, something the ex-president can get at the moment. Then you may very well be a PTF (Part Time Flexible) for years before you make regular. Then when and if you make regular you will have split days off most likely on your route, not consecutive days off. Then you will most likely be drafted for more years on end to cover light duty employee's and vacation periods, ect... Sound good so far? Then you will also be most likely paying hard earned union dues for this great treatment. Ready to come on over?

Anonymous said...

Whoops. I meant to say that "something the ex-president CAN"T get at the moment! Sorry.

Anonymous said...

Again you shoot off your mouth without knowing anything about to whom you are speaking. First, I am not on light duty. I do see lots of employees who through no fault of their own are on light duty. Thanks to Article 13 of the National Agreement. Second I work two jobs to the tune of 14 some hours a day and I have been doing so for nineteen years. I am on my feet for both jobs, not sitting down driving with the occasional stop to move containers into and out of a truck. Oh and one of the jobs I worked in the last 19 years was driving truck for a local air freight forwarder which involved actually loading cargo into a truck by pallet jack, hand-truck or by hand, not by rolling wheeled containers into and out of a lift gate truck. Not all of the stops had a dock to back into also. Furthermore, I currently qualify for a FAA Class I/II Flight Medical Certificate and I hold a Commercial Pilot License, both of which have far more stringent requirements then a CDL and a DOT medical. I choose which craft to go into as did you and we live with out choices As far as crafts, I respect the work done by all crafts, each is unique and involves having to different types of work. Maybe you could transfer to my craft, we have employees who have been PTF's for years. As the writer/singer said, walk a mile in my shoes. I bet not. As far as all the stuff you list out, well you can blame whoever voted to put the ex-president into office to begin with. He did nothing to really help your craft. I also know that other reps in your craft have won grievances for some of the issues you mentioned and have pulled in lots of money for the folks in your craft in amounts that will more than pay your union dues for your entire career, sounds more "easily taken" than "hard-earned." You should be thanking and supporting the steward who brought that money to you. Now if do you have any specific contract violations of Article 13 that you wish to address or do you just like to make attacks on people about which you know nothing? With your narrow minded comments you sound like a 204b or a supervisor and the question still stands, how does having a person on light duty make a craft "suffer" and how does removing them make it better for the craft? Can you answer that? I am guessing not.

Anonymous said...

Bet you drove one of those Class-B whoopie trucks huh? Well; lets not go there. You seem a bit arrogant about some of the skills and jobs you have had, but maybe deservedly so. I too have worked two jobs a few times in my life. And I also have worked over the past decade and a half 60-70 hours a week driving truck, keeping my logbooks at the max all the time, not necessarily by my choice mind you. And yes; pilots do have much more stringent qualifications, my stepdad and grandfather both flew. And you can walk a mile in my shoes also. Furthermore, I never voted for the ex-president for the union president position. People with less foresight did. And yes, I have seen some grievance money, but nowhere near what would equal my union dues for my entire career. Maybe the rest of it went to the good ole boys network of which I am not a part of? And no, I am neither a 204B or a supervisor. I am your average worker bee who has been around and has an opinion. As far as answering your questions in the last few sentences you posted; may I restate your posted motto of "walk a mile in my shoes". I would imagine your craft has double or tripple the amount of employees we do in MVS, and when needed people get shifted around to accomodate injured light duty employees. We can accomodate a light duty to another craft for work, but nobody comes our direction to fill in or replace them. We get drafted or robbed of our off days year in and year out. Nobody fills in from other crafts in Portland, nor do we get qualified drivers from MVS units near by. So who pays? The rest of the drivers on the roster via extra stops, cancelled off days, extra hours, ect... Now I pay the same union dues dollar amount you and everyone else does, but you get your time off or a replacement to fill in for the injured employee. We don't! It's basically all in the numbers; the size of your craft and the size of ours. And then there is the qualifications needed to temporarily fill in the position. The mail needs to go through, but if there is no driver then maybe we just put a monkey in the truck? We have been understaffed for as long as I have been employed here, and most likely even much longer. How about your craft? Being drafted year in and year out over there? I doubt it! And furthermore, I am not a PTF but a FTR. Been one for years. Still nothing much has changed.

Anonymous said...

Might I correct Lone Wolf some: MVS does more loading and unloading of mail (a mail handlers job) than we do actual driving. As far as those wheeled containers that are supposed to roll in and out of the trucks, ever seen some of them or tried it? One is usually lucky if all four wheels turn, let alone the weight involved within it. Probably both play a roll in why we continually have drivers injured with hernia's, pulled muscles, pinched nerves, back soreness and pain, strokes, heart attacks, ect... And it doesn't help much to have to push or pull the wheeled containers uphill in or out of the trucks day in and day out. Ever seen any of the locations other than say the Portland P&DC or Mt. Hood or Sunset DDC where they have a floor that is flat and level? Looks easy as an observer. How about those pallets that are five to six feet tall and heavy? Think we couldn't use consecutive days off and actually get them? We send more drivers over to other crafts to case mail, tape up torn mail, or count rubber bands or paperclips or whatever else they do. Little training needed there. But to get someone from another craft to come over and help us out is a harder task. Most are either unable, unwilling, or unqualified.

Anonymous said...

Well I would like to see some of those injured carriers out of the clerk craft. There is one at Midway station doing passports. I hear, mostly from drivers, that some of the window services are going to be merged with other stations and some window jobs could be lost. Why would we lose window jobs when there are carriers working in our jobs. Then again maybe no one at the stations are grieving the issue or don't want to do the work themselves. Who knows. Just some food for thought. Like to hear from you union guys on this though.

Lone Wolf said...

Again with the personal jabs. That aside, it seems again that everyone is missing the point. This is not about craft differences or who does more or harder work. Employees have the right to request limited/light duty. It is a good thing. The real problem is management. Management can, but for some reason refuses to hire permanent or even temporary replacements for truck drivers. Management could put as many drivers in positions as they want, but they do not and it is a shame that some many drivers pay the price for management's stupidity, that happens to all crafts in different ways. Union members need to start questioning their supervisors as to why replacements are not being hired and lay off the light/limited duty employees.

AS far as split days off, yeah it sucks, just ask all of the Clerks who work at the stations where management has been changing days off to Sun/Rot. There are a lot of them out there. It is also sad that the ex-president failed to do anything to help the local let alone his own craft, especially with his give management what they want agreements. Maybe you could ask him, if he ever shows up. Furthermore, it is amazing to me that MVS voted for someone with little experience for Craft Director. If you failed to campaign or to vote you have no one to blame but yourselves. If your current craft director is not doing what needs to be done as far as replacing light/limited duty and split days off maybe the craft needs to ask him to kindly step aside and let someone else do the job.

Anonymous said...

Where do I start? Well: MVS is not a sit down job. If it were, my ass would be as large as some of those in the office positions. I think you have seen some of them. The ex-president could have done a lot for MVS but he blew it. Let's hope the new president doesn't just blow our craft off. And as far as laying off light duty employee's; well sometimes I'd love to see that, but there is a no layoff clause in our contract. But as far as I am concerned I would send some of them down to sign up for their unemployment checks. And we have a contract that states that split days off should be going away, but they haven't. There is work to be done; let's hope the new president is up for it, as well as the supporting crew and stewards. If I were in USPS management I might consider an ammendment to the next contract that in article 13 that light duty employee's unable to return in (you pick the years) 3-5 years for surgery or whatever should be offered the options of being relocated to another federal job, or given the option to take medical retirement, or face being laid off and go down and sign up for unemployment. However, I don't know the legalalities here. But it can't go on forever. Take an early retirement or medical retirement or come back to craft and work. Let's all work together in all crafts and make this a better local union and urge those non-members to join; and really give them a reason why. That's all I have to say for now.

Lone Wolf said...

When I say "lay off" the limited/light duty, I meant you should get off their backs. Obviously you have some sort of narrow minded anger that is so focused on these employees that you cannot or will not see the real problem, that being bad supervisors and management. You need to go read Article 13 of the Collective Bargaining Agreement, a document agreed to by the Union and Management, that article in particular recognizes that we all have some obligation to our fellow human beings when it comes to those who are injured. You just seem to want to throw them out and let them suffer what ever fate would befall them. After you read Article 13, take a look at chapter 540 of the ELM, which covers management's obligations under Federal Law when it comes to employees injured on the job.

You seem so focused again on a small group of employees that in your narrow mind are a huge problem, when it is not.

Now, though you do not sound like a supervisor, no, you sound like a bone-headed, narrow minded supervisor. I hope that one day you have to be on light duty, but maybe you would just voluntarily quit and give up your retirement and benefits and go sign up for your unemployment check, along with your food stamps. Of course you would then be a "problem" for society as a whole and not just the USPS. Come on, get real.

Anonymous said...

Well; look at GM and Chrysler for an example. Going broke or bankrupt. The unions have been asking so much that eventually it folds. Yes there is greed also. And for your information I have been on light duty maybe 2-3 days in my lifetime of 35+ years of my work life. Maybe some of these folks need to be more attentitive as to what they are doing or be more carefull. Maybe they they more training, maybe they need to be not so stupid or fraudulant in their claims. I don't know. But if you want me as a dues paying member to continue to support this year in and year out, then you better convince me some, because it is an open shop. Meaning the non-dues paying members recieve the same benefits to a point. If it were possible to make it a closed shop it would have happened by now. So explain to me why I need to pay to put up with this? The post office is going broke also and needs to cut costs, so where do you start?

Anonymous said...

If you worked in my craft you might understand better, it isn't quite the same as the larger crafts. If you haven't been there then you don't quite understand. I have witnessed several light duty folks ride it out untill they retire. One was photographed riding in the Rose Parade on a horse while claiming a bad back. Come on; we see this all the time. I and others pay for this bullshit. Many have given up luch breaks to deliver the mail while floating routes. Committed employee's. We pay for it in one way or another. Whether it be drafting on one's off days or floating routes, or giving up lunch breaks, we pay for it. After a decade of it you want me to be sympathetic to the light duty employee's we cover who are taping up torn mail or counting rubber bands for $25-$30 An hour? Give me a break. I pay hard earned union dues for better!

Anonymous said...

GM and Chrysler failing is because of the union? You've been watching Fox News and Glenn Beck, listening to Rush, and drinking the koolaid. Cripes! Stop embarrassing yourself.

Anonymous said...

Posted on April 1st of course, must be an April fools joke. No I don't watch FOX Noise Channel much at all, nor Glen Beck, nor do I drink their koolaid. As far as GM & Chrysler going boke, well not completely due to the unions, only partial. Just like the P.O. isn't going broke due to the unions, only partial. And only partial due to the light duty employee's on the dole for a free ride. There is a lot of scrutiny or blame to go around. Sometimes the old phrase couldn't manage themselves out of a wet paper bag comes to mind. And the unions better be willing to be flexible or bend a little, it isn't my way or the highway like the ex-president wanted.

Anonymous said...

My, someone has some deep rooted hatred for people on light duty. Maybe you ought to consider EAP to help you through your anger.

Anonymous said...

You sound like a real caring person. Yeah, those light duty people are a real burden taping mail. I bet you probably run over handicapped people when they don't move fast enough for your. Maybe we ought to close down all schools for the blind and deaf. What do you do with the disable vets who come back from Iraq, take away their disability and put them on unemployment. Oh, wait you pay for that also. It seems that no matter what we do with them we end up paying, must be hard on you to see that.

Anonymous said...

Hey Mr. Wolf, How about a new POST.
Have you heard about he possible imports from Seattle? Or the FMLA cases being denied with no explanations. Or the decrease in the size management?
It's really time we quit beating up on each other in all the crafts, Didn't BULLFROG do a good enough job? By the way I heard he passed his physical, just rumor since haven't seen any proof. Can anyone enlighten us?
And definitely CUDO's to all the diligent work done by the shop stewards of late. The won grievances are on the rise, which still doesn't stop the MDO's and Senior Plant Manager from giving us more money. Be interesting to know how far over budget Management is on grievance money so far this year.

Sandman said...

Did I miss it! Management is required to give MVS consecutive days of per the National Agreement. The previous craft director was fighting that battle until the ex-president stabbed him in the back.

Anonymous said...

Well Sandman- MVS having consecutive days off was scrubbed by Mr. Stinson's actions. I have had them for several years now and might honestly be willing to run over them light duty personel. Whoops!