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APWU National Disputes
APWU Initiates National Dispute Over USPS' New Electronic Form For Reporting Accidents
Q06C-4Q-C 08089435 (APWU #HQTG20082) concerns the Postal Service's improper creation, handling and utilization of a new electronic PS Form 1769 for reporting accidents. The new electronic form, which is completed by postal supervisors, includes confidential and restricted information such as the employee's social security number and medical diagnosis. The APWU's position is that the recording of an employee's social security number and diagnosis are not necessary for the purpose of reporting an accident, and are therefore improper and should be removed. Enclosed is the union's Initiate National Dispute letter and an exchange of correspondence with the Postal Service on this issue. The APWU has also filed an unfair labor practice charge over the Postal Service's failure to provide the union with requested information regarding this form.
Excerpts from the Dispute
The record shows that, by letter dated
October 16, 2007, the APWU raised several concerns in regard to the the new
electronic PS Form 1769, including the failure of the Postal Service to notify
the union of this new electronic form, the use of social security numbers and
restricted medical information (diagnosis) on PS Form 1769 or similar electronic
forms, and the proper requirements for the handling and disclosure of such information
in accordance with the Privacy Act . It was also our understanding that some
District managers were storing those forms electronically and that completed
PS Forms 1769 were e-mailed to other people .
We believe that the data fields on the e-1769 form (and the PS Form 1769) for
recording an employee's social security number and diagnosis are not necessary
for the purpose of reporting an accident, and therefore are improper and should
be removed . Moreover, pursuant to the collective bargaining agreement, the
Employer has an obligation to discontinue the used of social security numbers
and employee's medical diagnosis on the accident reports .
It is the APWU's position that absent a business need for the social security
number, the Employer is obligated to replace the employee social security number
with the employee's identification number in accordance with the parties agreement
in the Memorandum of Understanding re : Removal of Social Security Number References
incorporated in the 2006-2010 Collective Bargaining Agreement . In addition,
the Employer has an obligation to remove the employee's diagnosis . Only medical
personnel or postal personnel with a need to know have access to restricted
medical information (an employee's diagnosis) in accordance with the requirements
for handling and disclosure pursuant to the Privacy Act .
Other Recently Filed Disputes
Q06C-4Q-C 08058827 (APWU #HQTG200716) is a dispute over whether an employee who is on administrative leave is entitled to Sunday Premium pay for hours he/she would have otherwise worked on Sunday. The APWU's position is that an employee on administrative leave is entitled to be paid for all hours he/she would otherwise have worked during a scheduled tour that includes any part of Sunday. Enclosed is the union's Initiate National Dispute letter.
APWU # HQTG20083 (USPS # not yet assigned) concerns the use of non-bargaining unit employees (PMRs) with a dual appointment as a casual being utilized in assignments requiring training and testing in violation of Article 7.1.B.3 of the National Agreement. The APWU's position is that the Article 7.1.B.3 restrictions on casuals performing assignments requiring training and testing apply to all casuals, regardless of the installation size as well as to any non-bargaining unit employees with a dual appointment as a casual. Enclosed is the union's Initiate National Dispute letter and an exchange of correspondence with the Postal Service on this issue.
Q06C-4Q-C 08031764 (APWU #HQTG200715) involves issues concerning whether it is a violation of Article 8, Section 5.H, of the National Agreement when the Postal Service does not schedule full-time employees on the Overtime Desired List (OTDL) for overtime work prior to casual employees doing overtime work and, if so, what is the appropriate remedy. This case was appealed to national-level arbitration on Feb. 8, 2006. Attached are the Appeal to Arbitration, the parties' 15-Day Statements, and the Initiate National Dispute letter.
Q06C-4Q-C 07097262 (APWU #HQTG20074) involves whether the provisions of Article 7, Section 1.B.3 of the National Agreement that prohibits casual employees from performing assignments requiring training and testing is limited to positions contained in Article 37.3.F.5 and 37.3.F.7 of the National Agreement. The APWU's position is that the language referencing Article 37.3.F.5 and 37.3.F.7 of the National Agreement is illustrative in nature and not intended to limit the scope of the prohibition against casuals working jobs that require training and testing. Attached are the Appeal to Arbitration, the parties' 15-Day Statements, and the Initiate National Dispute letter.
If you have any questions regarding the above, please feel free to contact my office.
Gary
Kloepfer
Assistant Director
Maintenance Division