APWU of Iowa
APWU of Iowa
PO Box 539
Des Moines, IA 50302
United States
ph: 563-599-7725
alt: 515-669-8046
info
FYI
Using your own vehicle while on duty - POV
http://www.postalreporter.com/your_rights/pov.htm
50 Mile radius and Travel
http://www.postalreporter.com/50mile.htm
How to read your pay stub
http://www.postalreporter.com/earnings_statement.htm
Ten Critical Mistakes Made by Federal Employees in Trouble
By Bob Gilson
12/13/2007
Click here for more articles by Bob Gilson
In an earlier article, (See Avoid Getting Fired: Practical Advice for the Likely-to-be-Tanked Federal Employee), we took a look at alternatives to getting canned. In this article, we'll discuss employees with problems and the mistakes they sometimes make that aggravate their troubles. As a management representative and employee relations advisor, I frequently saw employees who had made one mistake compound their problems with poor judgments about responding to an investigation, dealing with the supervisor and other bad reactions to legitimate management conduct.
Before I get deluged with the "woe is me" commenter faction, I have seen supervisors that took some pleasure in an employee's problems. Sadly, more often than not, the employee had been a long term PITA with whom few empathized. Most of the supervisors I advised were apprehensive about what the short term future held while they dealt with the person. Most also felt boxed in by the problem with nowhere to go but discipline or adverse action and weren't excited about the prospect.
Critical Mistake #1 – Immediate Aggressive or Passive Aggressive Response
Smart Move #1 – Carefully listen to what's being alleged. If you did the deed, start developing a strategy to minimize the effect on your job and future. If it's a serious matter and you did it, get out now. Resign before charges are filed. Remember that a standard form 50 (Personnel Action) will annotate that you resigned after removal was proposed. There's an old wag lawyer's remark that "when the facts are on your side, argue the facts. When the law's on your side, argue the law. When nothing's on your side, just argue." If the facts are true and you are squarely behind the 8 ball, ask the question, "what can I do to make this right?" If you really, truly, honestly, objectively didn't do the deed and want to keep your job, work on an alibi including witnesses who saw you somewhere else than doing the nasty deed, etc.
Critical Mistake #2 – Blame the Boss
Smart Move #2 – Treat all involved with respect and politely. Diverting attention from the alleged misconduct will not help your case. Eventually the lawyers from your Agency's Counsel will weigh in on the matter. If your first response or an early response is to blame the boss, they will frequently smell blood in the water and look for a win at hearing based on your bad choice of defense. Facts convince them. No facts equals no case. Time to consider alternatives.
Critical Mistake #3 – Immediately Claim Discrimination on the Basis of Everything Imaginable, Whistleblower Retaliation, Anti-Union Animus, Post Traumatic Stress Disorder (Work-Related Stress), USERRA, Male Pattern Baldness or Fibromyalgia.
Smart Move #3 – Work on favorable evidence. Immediate claims such as those above will raise eyebrows about why you are not rebutting evidence or providing exculpatory facts (Those that get you off the hook.) There is an entire practice and process in dealing with what's called an "affirmative defense". An affirmative defense usually takes the form of "I might have done the evil deed but even so you're discriminating against me." It may work but if you think government lawyers are dumb just because they aren't in divorce or celebrity law, get over it. Agency lawyers got their private practice counterparts beat cold with shorter work weeks, flexitime, work at home and other bennies. The money ain't all there is despite what you see on Boston Legal.
Critical Mistake #4 – Don't Cooperate with the Inquiry or Investigation
Smart Move #4 – Ask for time to answer questions and ask if you can answer in writing. The U.S. Supreme Court (LaChance v. Erickson, 522 U.S. 262 (1998)) said it was OK for an Agency to charge an employee for not cooperating with an investigation. So either cooperate or find yourself with a, perhaps, more serious charge. Unless you commited a crime or are accused of doing so, don't bother to plead the 5th. You only get to remain silent in a custodial investigation. If you start claiming the 5th, a bountiful bevy of barristers will descend upon the matter and give you a long list of warnings with people's names on them such as Weingarten, Garrity, Miranda, etc. In the end, it's answer the questions or face the music so why not start out doing so.
Critical Mistake #5 – Provide Inaccurate Information in Response to Questions
Smart Move #5 – If you know the answer give it. If you don't say so. Inventing answers or fudging facts may be cause for additional disciplinary charges.
Critical Mistake #6 – Engage a Representative with Interests Other Than Yours
Smart Move # 6 – Get a representative whose sole interest in your case is your best interests. I have personally and frequently seen union and other people with personal axes to grind selected by an employee to represent them. My advice is that you be wary of those that promise early in the matter that you will get off unscathed because management is composed of fools. Management may indeed employ a fool or two but discipline is so sufficiently rare and potentially troublesome that someone will usually see that it gets done right at some point. If your representative belittles Agency specialists and attorneys, you may want to rethink your choice.
Critical Mistake #7 – Cash in Your CSRS Retirement Contribution or TSP to Pay Your Representative
Smart Move #7 – Ask your representative, if an attorney, whether they'll accept a contingency fee. This means that they get paid a modest retainer and will be looking for fees from the Agency when you prevail in the case. Whatever you do, do not cash in retirement funds to pay a representative. Think about it. You have skills. Even if you must eat some crow in a matter, another job may be available. No retirement or the prospect of paying back the money is a dead end road.
Critical Mistake #8 – Refuse to Engage in Mediation or Settlement
Smart Move #8 – Work the Deal. The Agency wouldn't be negotiating if there was no "wiggle room". The brass ring is a "clean" SF-50 and an expunging of reference to discipline in your Official Personnel Folder. Don't expect this if you engaged in particularly heinous misconduct such as theft, drugs or illegal stuff. If you are about to get canned for attendance related misconduct as are most other Feds who get fired, make the deal and let your attorney bargain for some fees. It'll be cheap at twice the price.
Critical Mistake #9 – Take the Matter to Hearing When You Know You Did the Deed
Smart Move #9 - Don't go to a hearing if you did the deed. I've represented Agencies at a number of hearings and been to more. Despite the whining of losers on both sides, in almost every case (at least before MSPB) the truth comes out. It is virtual certainty that the facts will emerge and a fact based decision will result. If you look at the number of cases Agencies lose as a percentage of actions taken, it's probably less than 2% that are lost.
Critical Mistake #10 – Deciding to Crusade for Truth and Justice
Smart Move #10 – Cut your losses. Every once in a while, a true crusader wins in court. Most of these people have been adopted by an interest group that is paying the bills. My experience is that many who claim injustice merely disagree with the management style of the organization and would substitute their own if given the chance. It is really difficult to be objective about your own mistakes and foibles but betting the farm on exoneration is a serious business.
I know the above may sound like a argument for rolling over to some. I hope the ideas will be given at least some consideration by those who anticipate hearing the woosh of the axe in the near term. It is possible to extricate yourself from trouble with dignity and prospects intact with the application of some common sense and realism.
The opinions contained above are, as always, mine and mine alone. Comments are welcome, even those who disagree.
ADVICE FOR NEW UNION PRESIDENT
By Bob Riepe, Burlington
DEVELOP A THICK SKIN, REMEMBER THE JOB COMES WITH CRITICISM NO MATTER WHAT YOU DO, AND SOME OF THE M CRITIZING YOU COULD HAVE RUN FOR PRESIDENT THEMSELVES BUT EITHER DIDN’T HAVE THE GUTS OR DIDN’T REALLY CARE ENOUGH TO DO IT THEMSELVES. PEOPLE LIKE TO USE THE EXCUSE "I DON’T HAVE TIME, I HAVE A LIFE", WHILE IGNORING THE REAL FACT THAT EVERYONE HAS A LIFE AND THE ONLY DIFFERENCE IS THAT THE PEOPLE WHO TAKE A CHALLENGE LIKE THIS ON ARE WILLING TO MAKE THE SACRIFICE OF THEIR TIME.
GET THINGS IN WRITING. DON’T TAKE ANYONES WORD FOR ANYTHING IMPORTANT, GETTING THINGS IN WRITING IS THE PROFESSIONAL THING TO DO, IT SHOULDN’T OFFEND ANYONE, YOU CAN ALWAYS SAY "ITS NOT THAT I DON’T TRUST YOU BUT NOONE KNOWS WHAT THE FUTURE HOLDS, I COULD BE HIT BY A BUS OR FOR WHATEVER REASON NOT BE HERE A MONTH FROM NOW AND WHOEVER IS DOING THIS HAS TO KNOW WHAT WAS GOING ON.
SAVE ALL DOCUMENTS, EVEN IF ITS SOME RANT FROM SOMEONE CHEWING YOU OUT FOR SOMETHING SAVE IT, YOU NEVER KNOW WHEN IT WILL COME IN HANDY.
ALWAYS TRY TO FOLLOW THE CONTRACT AND LOCAL AGREEMENT.
DON’T MAKE SNAP DECISIONS, THIS IS IMPORTANT
DON’T BE AFRAID TO SAY "I DON’T KNOW, I WILL THINK ABOUT IT". ITS HUMAN NATURE WHEN SOMEONE COMES UP TO YOU WITH A PROBLEM OR SUGGESTION TO WANT TO GIVE THEM AN ANSWER
RIGHT THERE ON THE SPOT, YOU SHOULD GIVE YOURSELF A LITTLE TIME TO THINK ABOUT WHAT THEY SAID AND GO OVER THE PROS AND CONS OF THE SITUATION BEFORE COMMITING YOURSELF TO ANYTHING. THE ODDS ARE VERY GOOD THAT YOU WILL THINK OF SOMETHING YOU DIDN’T THINK OF WHEN YOU MAKE A SNAP DECISION.
MANY TIMES PEOPLE WILL BE EMOTIONAL ABOUT SOME PROBLEM THEY HAVE OR THEY ARE TICKED OFF ABOUT SOMETHING THAT THEY WILL CALM DOWN ABOUT SOON ENOUGH, THEY DON’T UNDERSTAND WHY YOU ARENT AS EMOTIONAL ABOUT THEIR PROBLEM AS THEY ARE, YOU HAVE TO RECOGNIZE THE DIFFERENCE BETWEEN SOMEONE WITH A REAL PROBLEM AND THE TYPE OF PERSON WHO WORKS THEMSELVES UP IN A TIZZY OVER SOMETHING INSIGNFICANT WHO WILL A DAY LATER WILL BE COMPLETELY OVER IT AND ON TO THEIR NEXT CRISIS.
NON-MEMBERS OPINIONS ARE MEANINGLESS. YOU ARE REQUIRED BY LAW TO GRIEVE ANY DISCIPLINE OR CONTRACT VIOLATION THAT A NON-MEMBER WANTS YOU TO GRIEVE BUT YOU ARE NOT REQUIRED TO LISTEN TO THEIR OPINIONS, COMMENTS OR COMPLAINTS, AND YOU ABSOLUTELY SHOULDN’T. IT’S A FREE COUNTRY AND IF THEY DON’T WANT TO HAVE ANYTHING TO DO WITH THE UNION FINE, THEN DON’T HAVE ANYTHING TO DO WITH THE UNION, WHICH MEANS THEY SHOULD KEEP THEIR COMPLAINTS AND OPINIONS TO THEMSELVES. IT IS A SLIGHT TO THE DUES PAYING MEMBERS TO GIVE ANY CREDENCE TO WHAT A NON-MEMBER WANTS OR HAS TO SAY REGARDLESS OF WHETHER OR NOT YOU LIKE THEM PERSONALLY. BY GIVING THEM THE SAME ATTENTION YOU GIVE MEMBERS YOU ARE SENDING A CLEAR SIGNAL THAT IT DOESN’T MATTER IF YOU PAY YOUR DUES OR NOT WHICH IS WRONG AND AN INSULT TO YOUR MEMBERS.
REMEMBER THAT THERE ARE SOME PEOPLE , AND EVERYONE KNOWS WHO THEY ARE, THAT COMPLAIN AND BITCH ABOUT EVERYTHING, EVERY YEAR, REGARDLESS OF WHO IS PRESIDENT, IT IS DIFFICULT NOT TO TAKE THINGS PERSONALLY, BUT REMEMBER THAT IT MAKES NO DIFFERENCE WHO THE PRESIDENT IS, THERE ARE A FEW PEOPLE THAT WILL HAVE THE OPINION THAT YOU DON’T KNOW WHAT YOU ARE DOING, AND THAT THEY HAVE THAT EXACT SAME OPINION REGARDLESS OF WHO THE PRESIDENT IS, QUITE OFTEN, IT IS SIMPLY AN UNHAPPY PERSON FOR WHOM BEING MISERABLE IS A WAY OF LIFE.
Work hours and call backs.
By Lance Coles, Editor.
All bargaining unit employees are guaranteed work hours, depending on status and office size.
Full-time employees are guaranteed 8 hours work (or pay in lieu of work. If called in on a day off or holiday, then they are guaranteed 8 hours as well. If you are sent home prior to completion of this guarantee, you may need to file a grievance to get your guaranteed pay.
Part-time employees are guaranteed at least 4 hours work or pay on any day they are requested or scheduled to work in a 200, or more, man year office. Employees that work in offices less than 200 man year office is guaranteed 2 hours work or pay when requested or scheduled to work.
Part-time regulars are guaranteed the hours on their bid. If you work less than those bid hours, you are entitled to guaranteed pay as well.
Generally, if management tells you to clock out prior to your guaranteed time, you will have to obey that order and file a grievance for your guaranteed time.
A Call back is when an employee completes a scheduled tour and clocks out then is notified to clock back in and resume working. All career bargaining unit employees are guaranteed 4 hours work or pay if this happens. This applies to any size office.
When a part-time flexible employee is notified prior to clocking out that they are to return within 2 hours, this is considered a split shift and the guarantee may not apply. However, if prior to clocking out, the part-time flexible is told to return after 2 hours, that employee (in any size office) must be given a minimum of 2 hours of work, be paid.
It is a good idea to keep very good records of time worked, schedules and when told what on working.
If you believe your work hours have been violated, you need to contact a union official within 14 days of the incident.
Part-Time Flex and Leave
By Lance Coles, Editor
All to often, there is game playing with Part-time Flexible and their use of the contractually earned right to use annual leave.
I hear often that an employee submits a request for leave, only to have the postmaster or supervisor changes that day to the employees scheduled day off.
You have a right to use your annual leave. Management does not have a right to change your leave to a non-scheduled day off. They often do this to make the employee available for work on what was the employees scheduled days off (prior to the change), or to avoid paying overtime later in the week.
This issue has been beaten to death in the grievance procedure and it is very clear that management can not do this.
Here is the language from an agreed to settlement. "…when a PTF employee has been previously granted annual leave, such leave will not be unilaterally changed to a nonscheduled day, solely to make the PTF available for an additional day of work, at the straight time rate…"
I know those lawyer wanna-be postmasters will try to read what they want into this language, but again this has been debated over and over.
Bottom line - if you ask for leave, and have it approved - you have leave. If they change your days off after you have this leave, you need to ask for a union steward.
| Questions about "Misc" category deductions? |
Many members have inquired about a large deduction amount under the “MISC” category on their recent paycheck that included the $686 COLA cash-out payment. The reason is that the usual tax deductions were taken out separately for regular pay and the COLA payment, with the COLA deductions included in the MISC category. Ordinarily, the pay stub shows the normal deductions—such as federal tax, state tax, Medicare, health plan, dental, vision, TSP, and retirement. This recent stub also should include four deductions for the $686 COLA payment—federal and state tax, Medicare, and Social Security. Carriers with a pay amount under FLSA would have these four categories repeated a third time. Because of limited space, there is not enough room for so many deductions to be listed separately on the pay stub. All the deductions that do not fit on the pay stub are grouped under MISC, resulting in the large deduction total. For instance, it has been common for the Social Security, Medicare, and federal taxes on the $686 COLA payment to be bumped into the MISC category. If there is a question about the total, the only way to check each deduction individually is to refer to the pay journal, which shows all deductions and does not group any together. Letter carriers who wish to review their pay journals should request copies from their station manager. |
Iowa Postal Workers Union, APWU, AFL-CIO
Be Union - Buy Union
The Iowa Postal Workers Union is a part of the American Postal Workers Union (APWU) AFL-CIO.
The Iowa Postal Workers Union (IPWU) affirms its belief in a single union of all Postal Workers in non-supervisory levels and will work to achieve this goal.
The IPWU educates our membership through use of seminars and specials class as well as through media outlets such as the Postal Solidarity (The Iowa Postal Worker paper is a part of this joint effort.)
The IPWU works towards educating the general public on the history of the Labor Movement.
The IPWU will work for the election of candidates - regardless of party - who favor pasage of improved legislation in the interest of all labor. To work for the repeal of laws which are unjust to labor and Postal workers, such as the denial of the right to strike and denial of the right to support political cadidates of their choice.
The IPWU will represent all members in every way possible with issues dealing with, but not limited to grievances.
The IPWU will continue to organize the unorganized.
APWU of Iowa
PO Box 539
Des Moines, IA 50302
United States
ph: 563-599-7725
alt: 515-669-8046
info
