Greater East Bay Branch 1111 News

Greater East Bay Branch 1111 News Volume 43 Number 494

July/August 2024

2024 Branch 1111 Katherine Ellis Scholarship Winners

Brittany Wu, daughter of Mingzhu Zhao of Oakland Piedmont and Elyanna-Taylor Fabia, daughter of Benjamin Fabia of Crockett and wife Joanne attended the June Branch meeting and received their awards from FTOs Ed Fletcher and Narciso Padaranga. Brittany will attend UC Davis and Elyanna-Taylor will attend UC Irvine this fall. Congratulations!

Branch Meetings are held on the 4th Tuesday of each month 7:00pm at the Branch Office The next Branch Meetings will be held on Tuesday, July 23rd and August 27th

Branch 1111 News

July/August 2024

NALC HEALTH BENEFIT PLAN SERVICE LINES General Claims Inquiries Hospital Precertification (Required) Prerecorded Benefits Information Prescription Customer Service Line

1-888- 636-NALC 1-800-622-6252 1-888-636-NALC 1-800-933-NALC

BRANCH PAPER DEADLINE The deadline for copy for Branch 1111 News is the 5th of each month. News stories, articles, letters, drawings, or cartoons, as well as photographs -- either recent or historical -should be submitted to the Branch office. Short notices of personal or shop floor interest are especially welcome. The Editor and Assistant Editor retain the right to edit, delete, or reject articles and artwork for the good of the Branch.

BRANCH 1111 OFFICERS Edward P. Fletcher, President Narciso Paderanga, Executive Vice President Mary Abante, First Vice President Terrence Super, Second Vice President Eddie Murphy, Third Vice President April Patrick, Fourth Vice President Mary Phelps, Secretary-Treasurer John Ferreira, Asst. Sec-Treasurer Lumus Russell IV, Sgt-at-Arms Jacob Morgan, Insurance Officer Rickie Cox, Trustee Ron Jones, Trustee Jeffrey Valentine, Trustee

Greater East Bay Branch 1111 News Branch 1111 News is the official bimonthly publication of the National Association of Letter Carriers (NALC), Greater East Bay Branch 1111. Circulation 3,000 Offices Served:

Alameda, Alamo, Antioch, Benicia, Berkeley, Brentwood, Clayton, Concord, Crockett, Danville, El Cerrito, Fairfield, Fremont, Lafayette, Livermore, Martinez, Moraga, Oakland, Orinda, Pinole, Pittsburg, Pleasanton, Richmond, Rodeo-Hercules, San Lorenzo, San Ramon, Suisun City, Union City, Vallejo, Walnut Creek

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EXECUTIVE COUNCIL MEMBERS

Elizabeth Corriea, Marisela Fletcher, Ruben Ramirez Stephen Robinson, Joshua Pearl, Ché Perez, Frances Swint

BRANCH 1111 OFFICE HOURS Monday-Friday: 8 am to 5 pm 402 – 37th Street Richmond, Ca. 94805- 2134 510-237-5111, Fax 510-237-5181

FACEBOOK: www.facebook.com/nalcbranch1111 WEBSITE: www.Branch1111.org Meetings are held every fourth Tuesday of the month except in December

BRANCH 1111 NEWS STAFF Editor - Joshua Pearl: joshpbranch1111@gmail.com

Assistant Editor – John Jekabson: jjbranch1111@gmail.com

Contributors -- Ed Fletcher, Eddie Murphy, John Ferreira, Narciso Paderanga, Mary Abante, Liz Corriea, Ron Jones, Shana Lum, Mary Phelps, Terrence Super, Jacob Morgan, April Patrick Views expressed in Branch 1111 News do not necessarily reflect the views of the Editor, Assistant Editor, Branch Officers, or members of National Association of Letter Carriers, Branch 1111

July/August 2024

Branch 1111 News

BOSTON CONVENTION DELEGATES

The 73rd National NALC Convention will be held in Boston August 5 through August 9. The following are the Branch 1111 compensated delegates slated to attend the gathering: Rickie Cox, Edward Fletcher, Mary Abante, Mary Phelps, Liz Corriea, Sam Green, John Jekabson, Irene Hernandez, Jacob Morgan, Ruben Ramirez, Narcisco Paderanga, Sullivan Smothers, Marisela Fletcher, Lynn Miller. Petra Ortega, Terrence Super, Joshua Pearl, Shana Lum, Ron Jones and Colleen Karnthong.

Also, the following will attend the convention by paying their own expenses: April Patrick, Paul Petersen, Shannon Perez, Daisyann Larkins, Lumus Russell and Ariel Uribe.

During the five-day conference delegates will discuss and vote on proposed amendments to the NALC Constitution and hear political speakers. The gathering will also feature a series of classes and workshops designed to inform and educate members about our current issues with the USPS and explore prospective solutions for a better future. We are sure Branch 1111 members will all return home enlightened and eager to share their experiences with their co-workers.

Rodeo-Hercules carrier John Abston Jr. (holding folder) gets a happy farewell from his fellow workers on his retirement. Best of luck to you!

HAPPY TRAILS TO YOU The following letter carriers retired recently: Kenneth Howse of Berkeley; Virgilio/Gil Del Rosario of Benicia; Eric Vicente of Vallejo; Michael Torres of Danville; Brian Tan of Fremont; Carlos Alvarez of Fairfield; Leo Saephan of Moraga; Tatia Brown and Felipe Revita of Oakland; Manuel Atienza of Pittsburg; Annette Griffin of Richmond and Froilan Gumayagay of San Ramon. We wish them all many years of leisure.

CONDOLENCES

Our sympathy and condolences go out to the family, friends and co-workers of Francis Villapando of Union City who passed away recently. He will be missed by all.

50/50 RAFFLE WINNERS The MDA raffle winners were the following: for May, A’s tickets went to John Ferreira and Rickie Cox; and the 50/50 prize of $45.00 to Eileen Brown. In June, Jeff Valentine, Ron Jones, Rickie Cox, Zeke Bradley and Paul Petersen won A’s tickets. The 50/50 prize of $52.50 went to John Ferreira.

Come and try to break their luck at the next meeting.

Leo Saephan of Moraga receiving his retirement plaque from Full-Time Officer April Patrick. During his 37 years of service, he received several commendations including the Expert Driver Award and the Million Mile Club.

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Branch 1111 News

There Is No End To Management Behaving Badly

By Edward P. Fletcher, President

I have been in the Postal Service for 39 plus years. I have had the privilege of representing Letter Carriers for more than 36 of those years. One thing that has never changed in all those years is management’s inability to properly manage the Postal Service. We have the greatest delivery service in the world, but the wrong business model. They have never valued us Letter Carriers or any postal employees. They continuously violate the National Agreement and wonder why they get bad decisions. They claim, “It is not us; it is the union.” They continue to make bad decisions that affect the Postal Service.

They abuse their authority.

Outside of the USPS, most of them would not qualify for management positions – no real leadership skills. They are not allowed to think for themselves due to micromanaging.

The entire management infrastructure and polices need to be reformed to truly affect change in the USPS. It is long overdue! Our customers and our Letters Carriers who are the backbone of the USPS deserve more.

The Fox Cannot Oversee the Hen House There is an old idiom about the fox guarding the hen house. It means someone has been put in charge of something too tempting (like a fox who is supposed to protect the hens, but instead tries to eat them); or putting someone in charge that has a conflict of interest. In a nutshell, that is the Postal Service. The Postal Service is supposed to protect the service and its employees. The problem is their own self-promoting creates conflicts of interest. They do not promote integrity or doing what is right. They do not have a system of internal checks and balances for bad acting management officials who cross the lines of professionalism. They do what they are told even if it is wrong or immoral.

For example, higher level Postal Management does not hold bad acting Supervisors, Managers or Postmasters accountable for violations of our Contract, the M-39 Section 115.4 (mutual respect), the USPS Codes of Conduct (ELM 660) or the Joint Statement on Violence and Behavior in the Workplace, which was agreed to decades ago. Instead, they practice in the three D’s, which are deniability, deceitfulness, and delay tactics. In my nearly 40 years of service, I have not seen any Manager unilaterally held accountable by the USPS for their bad or immoral conduct. But, be not dismayed. The union does and will continue to file grievances on management’s bad conduct to protect your rights!

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July/August 2024

Protect Yourself by Knowing and Enforcing Your Rights My brothers and sisters, I cannot say this enough, knowing your rights is half the battle. The other half is enforcing your rights! Always request to see your shop steward when your rights have been violated, or think something is not right. Always request union representation when management wants to do a “just cause interview” on you. Under the Weingarten Act, you have the right to be represented by the union, but you must ask for it! Do not be dismayed by management’s misguided policies, mismanagement, or false claims. Again, learn and know your rights. Attend union meetings. Read the Branch 1111 News and check the NALC.org website, which has a lot of information.

Collective Bargaining Update As NALC continues to finalize preparation and work out details for interest arbitration with USPS and the mutually selected chair of the interest arbitration panel, Arbitrator Dennis R. Nolan, the parties continue to negotiate in an effort to reach a tentative agreement.

For many years, NALC and USPS bargaining representatives have “locked down” in a hotel to engage in intensive, around-the-clock talks, including in the current round of collective bargaining. To build on recent progress in negotiations, NALC and USPS representatives have agreed to spend an additional week in early July in a hotel to work toward reaching agreement on the few economic and noneconomic issues that remain unresolved.

NALC President Brian L. Renfroe said: “We are pleased with the recent progress and potential opportunity to reach a fair agreement that rewards all letter carriers and compensates us for our value and the critical role we play in the Postal Service’s success.

Our goals in collective bargaining remain steadfast.

While our interest arbitration case is strong and we will not hesitate to utilize that process fully if necessary to achieve our goals, we remain committed to exhausting every possibility to achieve a tentative agreement that meets our goals for our members to consider for ratification.

As we continue the negotiations process, I appreciate the hard work and diligence of NALC’s officers, staff, branch leadership, and the rank-and-file members of our union for their activism, input, and support that shapes NALC’s bargaining priorities.

From resolutions that start at the branch level and become our official bargaining positions to the thousands of letter carriers that communicate current issues and their priorities, this activism is the foundation of what we have historically achieved in this process and will achieve in this round of collective bargaining.”

July/August 2024

Grievance Updates

By Narciso Paderanga, IV Executive Vice President

First and foremost, the arbitration decision for my first ever arbitration case finally was received by the Branch since my last article. The arbitration hearing was on February 1, 2024. Written briefs were submitted on March 4th. Normally, the arbitrator had 30 days to render a decision from receipt of the parties’ written briefs, however, the arbitrator did not issue an award until May 28th.

This case was about Berkeley management’s continuing violation of Article 7, when they worked letter carriers in the clerk craft. We argued the violations continued even after management received numerous cease-and-desist orders. In fact, on the same day of the arbitration hearing, management worked letter carriers in the clerk craft. Strategically, we put the carriers on the stand to testify to the fact that management continued its violation even to the day of the hearing.

From the start of the hearing, we knew it would be a challenge, knowing that the arbitrator was “pro management”. It was very obvious – the arbitrator was making the case for management by asking our witnesses questions (rather than management’s advocate cross examining them).

Ultimately, the arbitrator awarded a cease-and-desist order and to pay the Branch $500 for costs incurred in filing, preparing and prosecuting the subject grievances due to management’s repeated, intentional, and ongoing failure/refusal to comply with prior cease-and-desist orders and citable settlement agreements, but denied the Union’s request to increase the established remedy of $25 to $50. The arbitrator opined, “That conclusion suggests it may be appropriate to award a higher lump sum, but I remain convinced that would exceed a make whole remedy in light of the 50% additional pay received for hours worked as a clerk.”

Subsequent to the decision rendered by this arbitrator, numerous pre-arbitration decisions were issued awarding the Branch $500 for each case. Additionally, management has since been reluctant in working letter carriers in the clerk craft. Finally, we received a (binding) decision enough to have management stop their continued violations. We expect to receive more decisions in our favor for those cases still pending at the arbitration level since 2022.

We also have been receiving other pre-arbitration decisions in our favor. In the Oakland Laurel Station case, they awarded the remedies that we requested by paying 200 % (an increase from 50%) to the carriers who were working in violation of Article 8. This remedy was based on a recent

Branch 1111 News

arbitration decision from Oakland-Emeryville for the repetitive and continued violations or non-compliance of prior cease-and-desist orders. Management argued that the arbitration decision only applied to the Emeryville station, but we argued the contract language is clear whereas “All decisions of an arbitrator is final and binding” and that it should apply to all Oakland stations.

This year in North Oakland, we have received prearbitration decisions for management’s non-compliance of grievance settlement agreements by not inputting the monetary remedies in GATS and providing the Union a copy.

To date, a significant amount of money was paid to North Oakland carriers.

In the Alamo Post Office, we also received prearbitration decisions for the remedy we requested by paying the carriers 100% of their base pay, 50% for the Article 8 violations and additional 50% for their non-compliance and repetitive violations.

Pre-arbitration decisions were also received in our favor for disciplines that were issued to our carriers. Most of the disciplinary action cases involved attendance, unauthorized overtime and stationary times.

Unfortunately, there has been an unreasonable delay in management complying with grievance settlements which include back pay. I have filed grievance after grievance, but management have not been very cooperative. I’ve been told that the District Labor Relations is what’s causing this undue delay. We must continue to push for them to do their job.

Thank you to all the stewards who continue to work hard, fight for what’s right, and enforce the National Agreement. Without you, we would not be as successful as we have been and/or as successful as we could be.

In solidarity,

Narciso in conversation with Solano County Labor Liaison Sam Green at the June Branch meeting

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Branch 1111 News

Working Off-the-Clock Mary Abante, First Vice President How much does working off the clock cost you?

I wrote an article in January 2024 regarding working off the clock. I’ve been asked by many carriers to calculate the amount of money they are losing. Remember the dollar amount you’re losing depends on your step level.

First lets review the most common types of off-the-clock work activies.

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Pre-schedule work… activites like inspecting your postal vehicle, loading, carrying job equipment, picking up your mail, case preparation.

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Working during or shortening breaks.

When instead of taking your break, you continue your assignment. Maybe you’re discussing work with your supervisor while on break.

Whyyyyyyy? You are also watering down compensations that have been negotiated for you.

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Post-schedule work… activities like putting your scanner away and then cleaning up your route, moving your empty equipment, un-loading your vehicle, moving your vehicle, completing forms and washing up.

Let me reiterate that working off the clock causes a multitude of problems aside from the fact it’s against the Fair Labor Standards Act (FLSA, law) where employees are not to be exploited and…

Article 41.3.k asserts, “Supervisors shall not require, nor permit, employees to work off the clock.”

Perhaps working fifteen minutes before your scheduled start time and/or ten minutes after might not seem like a big deal to you but there are consquesnces and a loss of considerable cash.

If more and more carriers work off the clock, hours counted towards routes are diminished…the route may no longer be considered an eight hour route. The carrier will be given more work to make up for the “undertime”.

There will be little need to create more routes because as supervisors say “there is no work”.

Auxillary routes ceast to exsist To sum it up the Post Office does not recognize those hours you worked off the clock.

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July/August 2024 Let’s say Sue is a full-time regular carrier. Sue makes $31.04 per hour. Her office has fewer carriers, meaning Sue’s workload has increased and she is feeling complelled to work off the clock as she can’t get the work done in the allocated time.

How much is working off the clock costing her?

Sue works through her lunch (30 minutes) and ends her tour cradling her scanner. Her workday will show an eight-hour day.

However, she continues to work off the clock an additional thirty minutes by unloading her vehicle, sorting mail, waiting for an accountable clerk and putting away equipment.

Total hours worked off the clock = 1/2 +1/2 = 1 hour. If Sue had worked while on the clock that additional one hour she would be paid at time and a half (1 ½) or for her step level $46.56 because her workday really was nine hours, she worked through her thirty-minute lunch break and after she ended her tour.

Sue could have had an extra $46.56 in wages that week.

Let’s say Sue feels guilty leaving or intimidated into staying late for at least 30 weeks out of the year. $46.56/week/30 weeks = $1396.80. That’s a lot of money not to have in your pocket. That could be a car payment, rent, or mortgage. Only you know the needs of your family.

One more example. Sue comes in early one day and works fifteen minutes off the clock and then another twenty minutes off the clock after ending her eight hour day. Total hours worked off the clock in one day = .15 + .20 = .35 minutes x $46.56 = $16.30.

When you add that time up day after day, week after week, think of what your giving up. Your hard work is worth something so why would you give it away?

Can you imagine what you’re giving up if you ended your tour after ten hours and continued to work off the clock? That’s double your straight time pay!

Management’s arbitrary and often unrealistic expectations can be overwhelming.

If letter carriers are not allowed or not afforded adequate time to perform their duties, a shop steward or branch officer should be notified so they can investigate, correct, educate and, if appropriate, file a grievance.

July/August 2024

Summertime heat is here. Please be Safe, Cool, and Hydrated

By Terrence Lee Super, Second Vice President

The heat is on, literally! We have already hit record highs around the Bay Area and the summer has just started. Our carriers work so hard, and it’s a shame that a lot of the times management does not care about anything else but getting the mail delivered. The Union is serious about making sure that you all are safe and cool out on those streets. This means that if you must take several comforts stops to stay as cool as possible and hydrated in this intense heat, then that’s exactly what you do.

Let the Union worry about how management reacts to this.

We absolutely will not allow management to discipline carriers just because they are all trying to stay alive out there, and yes, I said alive!

Some of our beloved Letter Carriers have lost their lives delivering in this heat and the Union is not going to tolerate management trying to discipline someone just because you have alleged stationary time. This is what management is alleging that our carriers are doing out there.

They are actually calling it, ‘street inactivity.’ One of the reasons why they are changing the wording on the disciplinary charges is because we were kicking management’s tail in the grievance procedure and getting these stationary time disciplines thrown out. So now management is using a different word for it, thinking that they will have more success in getting these types of disciplines to stick. So far, management has not been successful in doing so.

The Union will not allow management to continue with these types of disciplinary actions. If they continue, we will file grievances on harassment and safety violations for not looking out for the safety of our Letter Carriers in this ridiculous heat.

Never be afraid to stop and take a breather and drink water until you are ready to go to your next delivery point. Also, if you need to go inside a building close to your route that has air conditioning, please feel free to do that. One of the most important things to remember to beat heat exhaustion is to keep your body core temperature down. You do that by drinking at least triple what you would normally drink during normal temperatures, and you start drinking water BEFORE you get out on the street.

Keep these things in mind, and do not worry about what management says about your alleged ‘street inactivity’. You all will be able to get through this heat wave.

Again, let the Union deal with management because there is nothing that they can do to us when it comes to informing you of your rights. If management is harassing you about your alleged ‘street inactivity,’ please contact your local Shop Steward or the Branch office. We will notify the district of the local managements behavior towards Letter Carriers who are trying to just survive this heat, and if necessary, file a grievance.

Remember, your safety should be everyone’s priority, and the Union is advising you of your rights when it comes to these heatwaves. Take as many breaks as you need, drink plenty of

Branch 1111 News water, and don’t overexert yourself. Everyone please be safe out there in these heat conditions.

BE SAFE ALL THE TIME

By Berkeley Chief Steward, Liz Corriea

Our everyday life is consumed with so many activities, that we may forget to practice safety, and try to take short cuts.

There’s no problem with short cuts just as long as you put safety first. Lately, we have been hit on and off with a heatwave. You must take precautions and keep hydrated as much as possible.

Hopefully, they are giving stand-ups at work about this issue, as the heat can affect each of us differently. Only you know what you're feeling inside and listen to what your body is telling you.

The LLVs can get very hot inside, on these heat wave days.

I don't know if any of these LLVs have air conditioning. I used to carry a thermostat so I would know that exact temperature inside my LLV. What I discovered is. that on heat wave days, the LLV can get above 100 degrees, sometimes higher than what is outside the vehicle. So, each of you that drives one of these fantastic vehicles be prepared for a sauna on those horrible heat wave days.

BERKELEY BLUES NEW! There are always so many issues going on in Berkeley. So many grievances that keep the Shop Steward busy. In fact, some of the supervisors are leaving Berkeley. So far, one recently has left, another one is on her way out, and will be gone by the time this information gets out. WOW! As you may know, we've been receiving lots of PTFs which is great. Unfortunately, they are corning into an office that is unorganized, and has been for some time. That hasn't changed much. I am still waiting for that miracle to happen. Perhaps if our leadership changes, maybe then we can expect this miracle to take place. In the meantime, all our PTFs will have to try and make sense of their assigned duties.

I would like to address the issues that we are having in Berkeley. One is our supervisors’ requesting statements from our coworkers against each other. Why would any carrier write a statement helping management to do us wrong. This is disgusting to me. Especially knowing that in one of these cases this carrier who wrote a statement, subsequently receives a letter of warning.

How can anybody trust management? If anything, we need to protect each other from management. There may be situations against one another, but that doesn't always require a statement given to management. So be careful of what management is asking you to do.

Management sometimes is playing favorites. You do this for me, and I will give you what you want. The sugar deals are always not worth it, and your coworkers may see what's going on most of the time. I would not engage in this type of activity.

However, you must follow the instructions given by your supervisor as long as it doesn't interfere with being unsafe or any restriction you may have.

"Knowledge is Power"

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Branch 1111 News

July/August 2024

Charles Lewis Honored

Oakland Eastmont carrier Charles Lewis recently marked almost 60 years of federal service. He began his career in 1965 as a mail handler, then left to attend college and later to serve in the military during the Vietnam War. He resumed his postal career in 1971, this time as a letter carrier. “If the job doesn’t fit, you must quit,” is Lewis’ motto. “If this job isn’t right, don’t just stay and collect a paycheck. You need to leave for other work that you’re passionate about. We have an inheritance from those who rode during the Pony Express. What we do is that important and we owe it to them to do a good job.”

Lewis was recently honored for his dedication to his job and in the above photo displays a plaque commemorating his long service with the USPS. The above quotes are excerpted from an interview he gave to the Daily Printout, an USPS publication.

CHARLES LEWIS HONORED Gary Gomez (center) of Benicia, joined by his coworkers, is recognized for 40 years of service

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NALC Branch 1111 Balance Sheet As of July 9, 2024 ASSETS Current Assets Bank Accounts 100 - Petty Cash 117.99 126 PPCU-50 188,702.77 Mechanics Bank Accounts 179,442.24 PPCU-Acct 70 25,690.23 United Bank Accounts 407,879.09 Total Bank Accounts $801,832.32 Total Current Other Assets -49,763.81 Total Current Assets $752,068.51 Fixed Assets 189 - Accumulated Depreciation -171,634.57 190 - Accum Deprec - Furn./Eq. -68,743.00 191 - Accum Deprec - Computer Eq. -11,561.00 192 - Accum Deprec - Copier -6,896.60 193 - Accum Deprec - Building/Improv-153,573.66 197 - Accum Deprec - Storage Shed -430.00 198 - Accum Deprec – Prior -61,391.17 Total Fixed Assets $ 358,373.56 TOTAL ASSETS $1,110.442.07

Branch 1111 News LIABILITIES & EQUITY Total Liabilities Net Revenue 3900 Unrestricted Net Assets Total Equity TOTAL LIABILITIES AND EQUITY

-4,394.82 25,680.33 1,089,156.56 $1,114,836.89 $1,110,442.07

Fremont carrier Salvador Garcia bikes to work

Figure 3Rodeo-Hercules, 1Jack Roy carriers 2Martinez out of Clayton Baljinder Dylan receives Porter, Dhaliwal Dan award Imam, for saving Coles Harper, UPS driver Michael Hewiston and Jin Li Richmond-El Sobrante carriers celebrate Juan Varela’s 40 years of service

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NON-PROFIT ORG. U.S. POSTAGE PAID CONCORD CA Permit 1

NATIONAL ASSOCIATION OF LETTER CARRIERS GREATER EAST BAY BRANCH 1111 402 –37TH STREET RICHMOND, CALIFORNIA 94805- 2134 (510) 237-5111

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