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MVS Craft Information
Feb 06, 2018

Resolution of Scanner Disputes

On Aug. 31, 2017, the APWU and the USPS signed an agreement resolving the following national disputes on the use of Postal Vehicle Service (PVS) scanners: HQTV20160275, A19V20160276, and HQTV20150846. The parties agreed in part that:

  • Scanning may be performed by any craft, but those duties should be consistent with their Position Description;
  • PVS drivers will receive adequate training and allowed sufficient time to perform scanning duties;
  • When drivers make a scan, it will accurately reflect the data and drivers shall not be given instructions contrary to this;
  • Scan data will not be the sole basis for adjustments to routes or disciplinary action; however scan data may be used in conjunction with other records to support or refute discipline;
  • Employees will be financially liable only when loss or damage tothe scanner resulted from deliberate misconduct.

The Scanning Duty Settlement can be found on the MVS Division section of apwu.org.


Feb 06, 2018

The Postal Service & the DOT Physical

(This article first appeared in the January-February 2018 issue of the American Postal Worker magazine)

By Motor Vehicle Service Craft Directors 

On Feb. 26, 1995, the Postal Service informed the APWU that to be consistent with the trucking industry and its own contract drivers, USPS would voluntarily mirror DOT requirements covering physicals for Commercial Driver’s License (CDL) employees, including the issuance of a medical card and drug and alcohol testing. The federal government is exempt from Department of Transportation (DOT) regulations, under 49 CFR 390.3(f)(2).

This means that every USPS employee operating a commercial motor vehicle is required to have a standard DOT CDL physical and participate in drug and alcohol testing procedures. Under normal procedures, the DOT-required physical is administered every two years. Under certain circumstances, such as for employees who may have high blood pressure, obstructive sleep apnea, diabetes and other health conditions, the certifying physician may grant a medical card covering less than two years.

By letter dated April 9, 2014, the Postal Service advised the union that medical personnel and contractors are instructed to follow the Federal Motor Carrier Safety Administration (FMCSA) Comprehensive Health Services guidelines, recommendations and standards.

Since these procedures affect working conditions, the policy must meet the standards of being fair, reasonable, and equitable.

Reports from the field indicate the Postal Service has been unilaterally implementing changes to DOT CDL required physicals, including:

1. Requiring employees to sign release of medical information forms from their personal physicians to the contract doctor;

2. Having USPS doctors modify or revoke the two-year DOT physical cards from employees who successfully passed the DOT physical at the contract clinic;

3. USPS regional medical personnel unilaterally changing the CDL medical card requirement standards.

The APWU has initiated several Step 4 disputes on these changes. Additionally, the requirement to sign a medical release of all information maintained by the employees’ personal physician may violate the employees’ privacy and involve possible HIPPA violations.

As we continue our discussions with the Postal Service, it is essential APWU locals remain vigilant of any changes to the DOT CDL physicals and continue to file grievances challenging them. Q&A number 49 in the Joint Contract Interpretation Manual (JCIM) sets the foundation when challenging medical disputes:

49. What is the process for resolving Department ofTransportation medical disputes?

Response: An employee may appeal an adverse result of a certifying examination to the District Occupational Health Services office with a copy of the concern, without revealing the medical condition in question, to their immediate supervisor. If the physicalis performed by a community based contract physician, review of the examination results will be done by the Senior Area Medical Director. If the Medical Director review agrees with the current examination, the employee may ask for an independent medical assessment by a physician jointly chosen by the Postal Service and the employee. The results of the independent review will stand as the final decision. The independent review is paid for by the USPS.



Feb 06, 2018

MVS New Hire Salary Dispute Settled

WEB NEWS ARTICLE #: 
13-2018

02/05/2018 - On Jan. 26, the MVS Division and the USPS settled Class Action Grievance USPS NO. Q15V-4Q-C17473798/APWU No. HQTV20170179.

In the settlement, the parties agreed that when an external posting to hire contains an incorrect salary for the position in question, the Postal Service may correct the error pre-employment. Correction of the error must be made prior to a written job offer being accepted by the applicant.

If an applicant accepts a written job offer which incorrectly lists a salary higher than the entry level for that position, the applicant will be placed in a salary which is on the appropriate Article 9 pay table, but not lower than the salary on the accepted job offer.

In various parts of the country, the USPS was recruiting and hiring PVS operators by offering to pay these new employees higher than the entry level salary for that position. This action is against every principle of Article 9 Salaries and Wages of the Collective Bargaining Agreement.

In some locations, management would then rescind the offer after the employee was hired and pay a lower rate. Often, the employee would receive a letter of demand for overpayment of their salary.

The parties agreed to resolve this issue with language that dictates once the USPS hires an employee with an improper salary, they are contractually obligated to pay that employee at the rate they agreed to upon hire.

“The APWU is pleased to resolve this issue and bring relief to the newly-hired drivers who left previous employment on the assumption that the USPS would abide by the accepted salary,” said MVS Director Michael O. Foster. “There are no authorized salary exceptions for career employees. Every employee should be hired and paid off of the Article 9 pay chart. Any letter of demand based on this issue can now be resolved using this settlement.”

Click here to view the full settlement. 

Attachments
 PDF (70.27 KB)



Page Last Updated: Feb 06, 2018 (08:25:26)
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