PostalReporter.com- Commentary by Oakland APWU President Fred Jacobs

posted 1-1-2006

Divided and On the Fast Track to Being Conquered

We Are Our Own Worst Enemies

By Fredric Jacobs, Editor, Oakland Postal Worker

any years ago, in a now-defunct comic strip, one of the characters announced, “We have met the enemy, and he is us.” In several significant ways that is true for us as postal workers and Union members as well as the rest of the working class: Time and again we fail to act for the greater good or in our best interests.

Here’s one example: increasing numbers of working people are voting Republican − the anti-labor party. It used to be that you could go to a labor conference or a national APWU event and assume that everyone in attendance would have voted the Democratic ticket. You can’t take that for granted anymore. Moreover, now it is considered “politically incorrect” to even discuss a person’s political party affiliation at union functions.

Many postal employees delude themselves about their economic status. A Postal Service couple can buy a house (probably at an enormous sacrifice, and in many instances a two hour commute to work), own two cars, and send their children to private school. And if overtime work is available, they become in thrall to “keepin’ up with the Joneses.” In their view, they’ve arrived, and they may not want to associate themselves with a political party that has been misrepresented as catering mostly to the proletariat and welfare recipients. Certainly, not all employees feel this way; but far too many do. Those who do ought to take a closer look at their real expenses. Even setting aside the question of whether or not a $750,000.00 house financed with an interest only loan is really affordable, the basics − food, fuel, medical expenses − have increased much more rapidly than their salaries. The level of debt, both individual and collective, that most people carry has also risen considerably; and thanks to the GOP − the “party of small government” − getting out of catastrophic debt is going to be much harder since the passage of the new bankruptcy laws. So-called middle-class status has never been so precarious. The present administration has a very small true constituency: large corporations and the very rich.

Some of the wealthy have always been very generous. During the Hurricane Katrina fiasco, among the first to respond were some sports superstars. Magnates Michael Dell and T. Boone Pickens contributed right away: Pickens even drove a flat-bed truck loaded with rescued pets to a plane he chartered. Even Wal-Mart, our perennial whipping-boy, performed better than FEMA − they had 45 trucks loaded with essentials and ready to go several days before the storm landed. These were wonderful gestures, but private entities are still not obligated to rescue people. We shouldn’t have to keep the nearest billionaire on speed-dial.

I imagine the terrorist attacks frightened some voters into supporting an administration that often used that fear to silence opposition. You only have to look again at the mishandling of Katrina − an occasion where we had several days’ warning − to question President Bush’s appointees’ qualifications and abilities to protect the public. One wonders if they would have the know how to find their way out of a de-fenced playground.

As an organization, we contribute to our downfall by failing to support the Union and our co-workers. To gain favor with management, employees needlessly divulge confidential information to their supervisors about co-workers. They accept stories spread by management about co-workers getting fired for medical fraud without bothering to confirm the claims. It is surprisingly common for employees to trash injured co-workers with no proof at all that the person is faking or exaggerating an injury. On-the-job injuries, like hurricanes, are democratic − everyone who works is at risk. Fortunately, our local has had considerable success advocating the rights of injured employees. Sometimes it seems that no one but us is there for those injured employees. We had better learn to “have each other’s back” and get off of the fast track to our destruction or prepare to suffer. No one can say we weren’t warned.

Letter to Congresswoman Barbara Lee (pdf)

posted 3-19-2004

Oakland CA Local APWU Calls Upon Congresswoman to Sponsor Bill to "End Free Ride" for Non-Union Members. According to a letter written to Congresswoman Barbara Lee (D-Ca), the Oakland CA. APWU Local #78 is requesting that she sponsor a bill, "to provide negotiated fees to labor organizations that represent Postal Service employees." Oakland Local President Fred Jacobs said, "No other bargaining unit employees in the country receive the kind of free ride non-union members in the Postal Service have been enjoying." Jacobs added that "this is the kind of measure Republicans should love : it's about paying your way and not getting something for nothing.

SF 8 -

Notice to Federal Employee about Unemployment Insurance

§ 551.11 ELM

§ 551.2 ELM

§ 551.3 ELM

§ 553.12 ELM

posted 2-10-02

POSTAL EMPLOYEES ARE ENTITLED TO UNEMPLOYMENT COMPENSATION

by Fredric Jacobs, Oakland, Ca. APWU Local President

States under separate agreements with the U.S. Secretary of Labor administer the Unemployment Compensation for Federal Employees Program (UCFE). The state agency determines under its state employment security law the postal employee's entitlement to unemployment compensation based on wage and separation information supplied by the Postal Service. (§ 551.11, ELM).

Qualification Factors

Requirements for unemployment compensation benefits vary from state to state in accordance

with each state's employment security law. However, each state law requires that a claimant:

a. Be unemployed or be employed less than full-time as defined by the state employment security law with earnings less than an amount specified in the state law.

b. Register for work and file an unemployment compensation claim at a local state employment security office.

c. Have worked a specified amount of time or have earned a specified amount of wages, or both, within a certain period.

d. Be able to work.

e. Be available for work.

f. Be actively seeking work

g. Report periodically to the local state employment security office. (§ 551.2, ELM).

Disqualification Factors

Disqualification provisions vary from state to state. In the majority of states, employment security laws provide for a period of total disqualification or for a penalty period of temporary disqualification for certain types of separations. A former postal employee is not disqualified if the separation was an involuntary termination of employment for other than misconduct, or if the separation was a voluntary termination or resignation based on good cause. The most common reasons for disqualification are:

a. The claimant was discharged for misconduct.

b. The claimant quit the job voluntarily without good cause.

c. The claimant refused a suitable job without good cause. (§ 551.3 ELM)

SF 8, Notice to Former Employee About Unemployment Insurance

SF 8 explains an employee's eligibility for unemployment compensation and describes the steps to be taken in filing a claim. Personnel offices complete SF 8 by entering at top of form the employee's name, Social Security number, and pay location. In item 3 personnel offices enter #732 on the extreme right side and then enter the address of the Eagan ASC:

PAYROLL PROCESSING/UNEMPLOYMENT
USPS EAGAN ASC
2825 LONE OAK PKWY.
EAGAN, MN 55121-9635

SF 8 is issued promptly to the employee by the separating personnel office so that he or she does not lose unemployment compensation benefits to which he or she may be entitled. An individual whose work or tour of duty are on an intermittent basis is issued an SF 8 only the first time in each calendar year that he or she is placed in a non-pay status. However, a completed SF 8 is issued to an employee each time the employee:

a. Separates from the Postal Service for any reason.

b. Transfers to another federal agency.

c. Is (or will be) placed in a non-pay status for 7 or more consecutive calendar days.

SF 8 is issued on the employee's last workday. The date is to be noted in the remarks section of Form 50 (§ 553.12 ELM).

STATE OF CALIFORNIA REGULATIONS

Claimants can receive a minimum of $40 to a maximum of $330 in weekly benefits. A claim is effective for one year. During the year, claimants can receive from 12-26 weeks of full benefits. Individuals should apply for benefits as soon as they are unemployed, or working less than full-time. All claims are effective on Sunday prior to applying for benefits, and have a one week unpaid waiting period. The waiting period does not begin until the claim is filed. The benefit year begins when the claim is filed. To file a claim, California employees should contact the Employment Development Department (EDD) at 1-800-300-5616.

The Oakland Local has been successful at Step 2 and Step 3 of the Grievance procedure in getting employees compensated at the EDD compensation rate for Management's failure to issue SF-8s.

Note: When an employee is issued a suspension or denied light duty for 7 days or more, the Agency must issue the employee a SF-8. An employee who receives a 7 day suspension or denied light duty should file a claim with EDD although there is a one week waiting period--because an EDD benefit year begins when the claim is filed, if the employee receives another suspension or denied light duty within the established EDD benefit year, he or she would not have another waiting period, and therefore would receive unemployment compensation the first week he or she filed the second claim. Additionally, PTFs and TEs who are scheduled to work less than 40 hours a week may qualify to apply for unemployment benefits.

Fredric Jacobs

EXCERPTS FROM ELM 16.1, February 8, 2001

ELM 16.1, February 8, 2001 535

550 Unemployment Compensation

551 Overview

551.1 Legal Guidelines

551.11 Administration
The Unemployment Compensation for Federal Employees Program (UCFE) is administered by the states under separate agreements with the U.S. Secretary of Labor. Under these agreements, the states are agents of the United States and take, adjust, pay, or deny claims for unemployment compensation. Based on wage and separation information supplied by the Postal Service, the state agency determines under its state employment security law the postal employee’s entitlement to unemployment compensation.

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551.12 Liability
Benefit payments are made to former postal employees by the states under the agreements between the states and the U.S. Department of Labor. The Postal Service then reimburses the states through the Department of Labor.

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551.13 Illegal Claims
Federal law provides criminal penalties for anyone who knowingly makes a false statement or representation of a material fact, or knowingly fails to disclose a material fact, to obtain or increase for self or for any other individual unemployment compensation benefits for federal employees.

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551.2 Qualification Factors
Requirements for unemployment compensation benefits vary from state to state in accordance with each state’s employment security law. However, each state law requires that a claimant:

a. Be unemployed or be employed less than full-time as defined by the state employment security law with earnings less than an amount specified in the state law.
b. Register for work and file an unemployment compensation claim at a local state employment security office.
c. Have worked a specified amount of time or have earned a specified amount of wages, or both, within a certain period.
d. Be able to work.
e. Be available for work.
f. Be actively seeking work.
g. Report periodically to the local state employment security office.

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551.3 Disqualification Factors
Disqualification provisions vary from state to state. In the majority of states,
employment security laws provide for a period of total disqualification or for a
penalty period of temporary disqualification for certain types of separations. A
former postal employee is not disqualified if the separation was an involuntary termination of employment for other than misconduct, or if the separation was a voluntary termination or resignation based on good cause.
The most common reasons for disqualification are:

a. The claimant was discharged for misconduct.
b. The claimant quit the job voluntarily without good cause.
c. The claimant refused a suitable job without good cause.

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551.4 Information to State Employment Security Agencies

551.41 Information Required
The Postal Service furnishes state employment security agencies certain salary and separation information concerning claimants who are or have been employed by the Postal Service. This information is processed and returned to the state agency by the Eagan Accounting Service Center (ASC) within 4 workdays after receipt of the request. The information includes:

a. Periods of Postal Service employment.
b. Amount of remuneration for service.
c. Amount of lump sum terminal leave payments and periods of time for which the lump sum payment was made.
d. Reason(s) for separation.

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551.42 Privacy Act Requirements

551.421 Authority to Disclose
Release of wage and separation information to a state employment security agency can be made without written authorization from the former Postal Service employee.

551.422 Accountability of Disclosure
To meet the Privacy Act disclosure accounting requirements, the state coordinators described in 552.3 receive from the Eagan ASC copies of Unemployment Compensation for Federal Employees Form ES 931, Request for Wage Separation Information; Form ES 934, Request for Information or Reconsideration of Federal Findings; Form ES 936, Request for Verification of UCFE Wage and Separation Information Furnished on Form ES 931; and Postal Service Form 2342, Request: Unemployment Compensation Data, and Form 6803, Wage and Separation Information (ES 931) (3-part continuous). These forms are to be retained by the state coordinator for a period of 3 years. The Eagan ASC maintains the Form 6803 Issue Report (Program No. PHE100) on microfiche for a period of 5 years. State
coordinators are to maintain hearings and appeals case files for 5 years.
Official Postal Service records control schedules should be consulted to determine retention requirements by state coordinators and installation heads.

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552.4 Installation Heads

552.41 Completion of Form 50, Notification of Personnel Action Installation heads:

a. Ensure the accurate and timely completion of Form 50 and SF 8, Notice to Federal Employees About Unemployment Insurance, when initiating separation actions (see 553.11 and 553.12).
b. Submit Form 50 as expeditiously as possible for processing.
552.42 Cooperation With Postal and State Authorities Installation heads:
a. Provide full cooperation to Postal Service state coordinators when supplemental information is required.
b. Cooperate with Postal Service state coordinator requests for witnesses to appear before state appeal hearings to testify about the reason(s) a former employee was separated.
c. Give direct responses to state employment security agency requests for
additional separation information (Form ES 934, Request for Information or Reconsideration of Federal Findings) (see 553.22).

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552.5 Eagan Accounting Service Center

552.51 Initial Response
The Eagan ASC:

a. Completes Form 6803 (see 553.13) in response to state agency requests for wage and separation information (Form ES 931) within 4 working days after receipt of the request.
b. Retains a copy of each Form 6803 submitted to state agencies (Privacy Act accounting requirements) on microfiche and distributes a copy of Form 6803 to the appropriate Postal Service state coordinator.
c. If separation or wage information is unavailable at the Eagan ASC, forwards Form 6803 (and Form ES 931) to the appropriate Postal Service state coordinator requesting that Form 6803 be completed and returned to the state agency.

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552.52 Additional Information
The Eagan ASC responds to state agency requests for additional information on Form ES 934 and verifies Form ES 931 on Form ES 936 within 4 working days after receipt (see 553.22 and 553.23).

553 Explanation of Forms and Procedures

553.1 Postal Service Procedures
553.11 Form 50
Personnel offices:
a. Complete Form 50 in an accurate and timely manner when separating an employee.
b. Enter the three-digit unemployment compensation code that most accurately describes what the Postal Service believes to be the reason(s) that the employee was separated in the appropriate block on Form 50.
c. Ensure that all additional information relating to the reason(s) for separation is incorporated into the remarks section of Form 50. (In those instances when the employee’s reason(s) for separation differ from the Postal Service’s reason(s), personnel offices enter the standard remarks message (Standard Code 542) on Form 50.) This standard remark states that a difference in separation reason(s) does
exist and will be furnished upon request.
d. State the fact of the issuance of SF 8 in the remarks section of Form 50.

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553.12 SF 8, Notice to Former Employee About Unemployment Insurance
SF 8 explains an employee’s eligibility for unemployment compensation and
describes the steps to be taken in filing a claim. Personnel offices complete
SF 8 by entering at top of form the employee’s name, Social Security number,
and pay location. In item 3 personnel offices enter #732 on the extreme right
side and then enter the address of the Eagan ASC:

PAYROLL PROCESSING/UNEMPLOYMENT
USPS EAGAN ASC
2825 LONE OAK PKWY
EAGAN MN 55121-9635

SF 8 is issued promptly to the employee by the separating personnel office so that he or she does not lose unemployment compensation benefits to which he or she may be entitled. An individual whose work or tours of duty are on an intermittent basis is issued an SF 8 only the first time in each calendar year that he or she is placed in a nonpay status. However, a completed SF 8 is issued to an employee each time the employee:

a. Separates from the Postal Service for any reason.
b. Transfers to another federal agency.
c. Is (or will be) placed in a nonpay status for 7 or more consecutive calendar days.
SF 8 is issued on the employee’s last workday. The date is to be noted in the
remarks section of Form 50.

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553.2 State Agency Forms and Procedures
553.21 Form ES 931
When a former Postal Service employee (or an employee who works less than full-time as defined in the state employment security law with earnings less than an amount specified in the state law) applies for unemployment compensation at a state employment security office, the state agency sends Form ES 931 to the Eagan ASC (see 553.13) as indicated on the claimant’s SF 8.The Eagan ASC responds to the state agency by extracting the requested wage and separation information from the automated ES 931 system on Form 6803 (see 553.13).

553.222 Request for Wage Information
The Eagan ASC completes the form and returns it directly to the state agency
within 4 workdays after receipt. A copy of Form ES 934 is sent to the respective Postal Service state coordinator by the stage agency. The Eagan ASC retains a copy of the completed Form ES 934 for Privacy Act accounting requirements.

553.223 Request for Separation Information
If the state agency sends Form ES 934 directly to the employee’s separating
installation, the installation completes the form and returns it to the state agency within 4 workdays after receipt of the request. A copy of Form ES 934 is sent to the appropriate Postal Service state coordinator by the state agency. A copy of Form ES 934 is retained by the postal installation and one is forwarded to the Eagan ASC for Privacy Act accounting requirements.
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554 Appeals

554.1 State Law Requirements
State employment security laws provide for (a) administrative appeals at two
levels in state agency proceedings and (b) appeals to state courts. Appeals
may be initiated by the claimant or by the Postal Service. The state agency’s notice of determination of a claimant’s benefit rights includes (a) the determination and the basis for it and (b) information concerning appeal rights and the time within which an appeal may be filed.

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554.2 Initial Level Appeals by Claimants
All claimants, including former probationary employees, have the right to request additional information (see 553.22) for clarification of Postal Service findings or to correct errors and omissions in their records. If a claimant is not satisfied with a state agency’s determination, the claimant has the right to appeal the determination. Notices of such appeals received by postal managers are referred to their respective Postal Service state coordinators (see 554.414).

554.3 Initial Level Appeals by the Postal Service

554.31 Cause to Appeal
If the Postal Service believes that a state agency’s determination in awarding
unemployment compensation is incorrect, the Postal Service may appeal the
determination under the applicable state employment security law.

554.32 Initiation of Appeal
The Postal Service state coordinator files an appeal whenever:

a. The state agency appears to have misinterpreted or disregarded the Postal Service’s findings.
b. The Postal Service believes the determination is not in accordance with the provisions of the state employment security law.

554.42 New Evidence by Claimant
In those appeal hearings in which a claimant introduces new evidence, the
Postal Service representative either replies with Postal Service evidence and
arguments or requests a continuation of the case in order to prepare a response to the new evidence.

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554.43 Disclosure of Information

554.431 Routine
During a state unemployment compensation appeal hearing, the Postal Service has the legal authority to disclose all relevant information from any of the systems of records appearing in the list in Chapter 3 of the Administrative Support Manual (ASM). All postal records presented as evidence during state appeal hearings are excised of all irrelevant information not pertaining to the claimant’s reason(s) for separation and for the appeal or the Postal Service’s reason(s) for separation of the claimant and for the appeal.

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554.432 Medical Records
Only medical information that directly relates to the reason(s) the claimant was separated can be presented as evidence during a state appeal hearing. However, in those instances in which the relevant information contains a reference to a malignancy or mental condition, a medical officer is contacted for the purpose of determining whether the claimant previously has been made aware of its existence. If the claimant has not been made aware of the condition, the information is not to be disclosed. If such evidence is essential to the Postal Service case, a cautionary statement is sent to the state referee prior to the hearing, indicating the importance of such evidence and the possible psychological effect it may have on the claimant if released during the hearing.

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554.5 Appeals (Second Level) to State Appellate Board
Either the claimant or the Postal Service may appeal a determination made by the initial level state appeal authority to the second level state appellate authority, which is usually the State Appeals Board. The initial level appeal determination indicates the basis for such a determination, as well as the time frame in which an appeal can be filed. When a Postal Service state coordinator receives an initial level appeal determination that continues to contradict the Postal Service findings based on either of the reasons outlined in 554.32, the Postal Service state coordinator files an appeal based on such arguments. Participation by the Postal Service in second level state appeals are conducted in the same manner as in the initial level appeal process (see 554.4).

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