Understanding the Collective Bargaining Agreement (CBA) can be one of the most aggravating events we are faced with.  So many questions are asked of stewards, and while they will sit down with you and discuss your concerns and questions, many more questions may still exist that were not asked.  I hope this will help to educate our members.

 Q & A’s on New APWU Contract

 Question #1:  The new contract says that full-time regular clerks on the Overtime Desired List will be given priority scheduling for overtime work over casuals doing overtime work. Is this on a day-by-day basis? How will we monitor the overtime that casuals work? How will it work for penalty pay?

 Answer:  In accordance with the new Collective Bargaining Agreement, overtime must be assigned to employees on the OTDL who are qualified and available before casuals working overtime are utilized. The day-to-day assignment of overtime is subject to specific provisions in Local Memorandums of Understanding (LMOU).  The obligation to use the OTDL applies to all overtime hours. Casuals do not enter an overtime status until they have worked 40 hours in a service week, so they may be assigned to work in excess of eight hours on a given day (provided they are not in an overtime status) prior to use of employees on the OTDL.  Penalty overtime is overtime and the negotiators did not distinguish between the pay rates. Therefore, management is required to select employees from the OTDL for penalty overtime assignments prior to the assignment of casuals working overtime. 

 Question #2:  With the new contract, upon a death in the family, we may use annual leave, sick leave, or LWOP. If we choose to use sick leave, do we have to bring in medical evidence? Will the absence be considered scheduled or unscheduled? Can management use this against us?

 Answer: When employees request bereavement leave, management may require documentation to verify that a family member has passed. Absences due to bereavement cannot be cited against employees.  Definition of Family Member: Family member is defined as a: Son or daughter — a biological or adopted child, stepchild, daughter-in-law or son-in-law; Spouse; Parent; or Sibling — brother, sister, brother-in-law or sister-in-law; or Grandparent.

Call-in Sick

 It has been brought to my  attention that when employee call-in sick through RMD/ERMS, local management is improperly requiring medical documentation for 3 days or less. However, pursuant to the correspondences (APWU-August 27th and USPS-September 10th Letters) there is no disagreement between the parties at the national level to the conditions  under which an employee may or may not be required to submit medical documentation for absences of 3 days or less. On those occasions when local management improperly required an employee to submit medical evidence for 3 days or less, the correspondences in question should be used in support of the union's position.

 When individual requests sick leave for 3 days or less, is required to provide medical documentation by the supervisor “ for the protection of the interests of the Postal Service” the supervisor has the burden, on a case-by-case basis of justifying any demand for medical documentation or other acceptable evidence for 3 days or less...

 The Joint Contract Interpretation Manual states in part regarding sick leave,

Use of Sick Leave. For employees opting to use available sick leave, the leave will be charged to sick leave for  dependent care, if eligible.

 Documentation. Documentation evidencing the death of the employee’s family member is required only when the supervisor deems documentation desirable for the protection of the interest of the Postal Service.

 SICK LEAVE APPLICATION

 Bargaining unit employees apply for sick leave by submitting a PS Form 3971, either in advance of the absence or after returning to work. An employee with an unexpected need for sick leave must notify the appropriate supervisor as soon as possible of the illness or injury and the expected duration of the absence. Upon returning to work, the employee must, while on the clock, sign and complete any required sections of PS Form 3971.              

MEDICAL CERTIFICATION

 ELM, Sections 513.361 and 513.362 establish three rules:

 (1) For absences of more than three days, an employee must submit “medical documentation or other acceptable evidence” in support of an application for sick leave (“three days” means three scheduled workdays).

 (2) For absences of three days or less, a supervisor may accept an employee’s statement explaining the absence unless the employee has been placed in restricted sick leave status, in which case verification is required for every absence related to illness regardless of the number of days involved. However,

 (3) For absences of three days or less a supervisor may require an employee to submit documentation of the illness “when the supervisor deems documentation desirable for the protection of the interests of the Postal Service.”

ACCEPTABLE CERTIFICATION

The Employee and Labor Relations Manual contains no prohibition against the submission of a preprinted form, with an authorized staff member, including a nurse, completing and signing the document under instruction from the attending physician or practitioner. Such documentation may be subject to verification on a case-by-case basis. It is understood that any medical documentation or other acceptable evidence submitted must meet the requirements set forth in Part 513.364 of the ELM.

 The parties agree that a rubber stamp and facsimile signature on medical documentation is acceptable, subject to verification on a case-by-case basis.

 NOTE: All APWU represented Craft employees will receive a one pay level upgrade effective February 16, 2008. Thank you for being a member of the APWU.