-APWU,
USPS Reach Agreement on VER
-Memorandum
of Understanding Voluntary Early Retirement (VER)
-Excessing Outside of the Local Commuting Area (50 mile radius)
-Voluntary Early Retirement (VER) — lT/ASC Bargaining Unit
-Voluntary Early Retirement (VER) — Operating Services
-Closure of Remote Encoding Centers (RECs)
-APWU-Compiled Lists Of Employees
Denied VER Opportunities
"List A"|"List
B"|IT-ASC|Operating
Services
Update #5-04
March 5, 2004
OPM Approves Postal Service Request For Voluntary Early Retirement Authority
The Office of Personnel Management (OPM) has approved the Postal Service’s request to offer voluntary early retirement to eligible APWU-represented employees in those categories that management had excluded from last year’s early outs.
Consistent with a Memorandum of Agreement between the USPS and the APWU signed Dec. 19, 2003, the Postal Service requested authority from OPM to offer early retirement to eligible Maintenance and Motor Vehicle Craft employees in Level 6 positions and above, as well as employees covered by the IT/ASC and Operating Services agreements.
Voluntary Early Retirement (VER) now must be offered to Maintenance and Motor Vehicle Craft employees in Level 6 positions and above, no later than July 1, 2005. Employees covered by the IT/ASC agreement must be offered early retirement by July 1, 2005. The offers to employees covered by the Operating Services agreements must be made in 2004.
In addition to requiring management to seek OPM approval for the early-outs described above, the Dec. 19 agreement required management to permit voluntary early retirement to all eligible employees in Level 5 positions and below. The offer is to be made to such employees before Dec. 31, 2004. If operational needs require, however, the retirement date for Retail Clerks may be delayed, but to no later than July 1, 2005.
Employees are advised that management will establish the effective date of retirements. Members are encouraged to carefully weigh the opportunity to retire against the substantial reduction in income they may face as a result of reduced annuities.
OPM’s approval brings us one step closer to ending a bitter dispute that began with the December 2002 contract extension. As part of the contract extension agreement, the union and management agreed that the Postal Service would offer early retirement to all eligible APWU-represented employees.
The Postal Service’s initial request to OPM for VER authority did not exclude any categories of employees. However, after receiving OPM approval, the Postal Service failed to offer early outs to some groups of employees. The APWU opposed the exclusions and initiated court action and a contract dispute. The Dec. 19, 2003, agreement resolved the dispute.
William Burrus
President
APWU, USPS Reach Agreement on VER
APWU, USPS Reach Agreement on VER
Interested, Eligible Employees Must Notify Union Immediately
The APWU and the Postal Service have reached an agreement that will give all eligible APWU-represented employees an opportunity to take voluntary early retirement. APWU President William Burrus announced the settlement on Dec. 19, following a series of meetings with USPS officials.
Employees who were eligible by Oct. 31, but who were denied the opportunity for early retirement for the reasons listed in the form, must notify the APWU immediately if they wish to retire early. The APWU is responsible for providing the names to the USPS by Jan. 9, 2004. (See form below.)
Employees who fail to provide their names to the APWU prior to the deadline will not be permitted to retire early. Employees who have already submitted the form to the union office, however, do not need to do so again.
In the Crafts
The agreement requires the Postal Service to offer VER to all eligible employees in the Clerk Craft, as well as to employees in the Maintenance and Motor Vehicle crafts in Level 5 positions and below. The offer is to be made to such employees during calendar year 2004. However, if operational needs require, the retirement date for Retail Clerks may be delayed, but to no later than July 1, 2005.
In addition, the agreement requires the Postal Service to promptly petition the Office of Personnel Management (OPM) for VER authority for eligible Maintenance and Motor Vehicle Craft employees in Level 6 positions and above, and for Material Distribution Center employees. The agreement requires the USPS to make the petition, “acting in good faith and with the intention that authority will be granted.”
Once authority is granted, the Postal Service shall offer such employees early retirement during calendar year 2004. However, if operational needs require and OPM permits, the effective dates of retirement for Maintenance and Motor Vehicle Craft employees in Level 6 positions and above, and for Material Distribution Center employees, may be delayed, but no later than July 1, 2005.
Identifying Eligible Employees
The agreement also requires the Postal Service to identify employees who become eligible for early retirement during the period between Nov. 1, 2003, and Feb. 29, 2004, and offer them VER. (For Maintenance and Motor Vehicle Craft employees in Level 6 positions and above, and for Material Distribution Center employees, OPM approval first must be obtained.)
Employees who become eligible during the period from Nov. 1, 2003, to Feb. 29, 2004, should not submit their names to the APWU. The Postal Service will solicit those employees to determine who wishes to be offered the opportunity to retire early.
Under the settlement, the Postal Service must petition OPM and upon approval must offer VER to employees covered by the IT/ASC Collective Bargaining Agreement or by the Operating Services Collective Bargaining Agreement. IT/ASC employees who were eligible by Oct. 31, 2003, must provide their names to the APWU.
The APWU has been compiling lists of eligible employees who have been denied VER.
"List A" consists of employees who met the age and service requirements by Oct. 31, 2003, and for whom the Postal Service has authority from OPM to offer early retirement, but has heretofore denied them the opportunity.
"List B" includes employees for who met the age and service requirements for voluntary early retirement by Oct. 31, 2003, and occupy Level 6 positions and above in the Maintenance and Motor Vehicle Crafts, and for Material Distribution Center employees.
A separate list will be compiled of eligible employees covered under the IT-ASC Collective Bargaining Agreement who were eligible for VER by Oct. 31, 2003.
Upon approval by OPM, the Postal Service will solicit the Operating Services employees who become eligible by Feb. 29, 2004. Operating Services employees should not provide their names to the APWU.
Excessing
The parties also agreed to a limited waiver of the prohibition on excessing outside an employee’s local commuting area – a 50-mile radius – when the excessing is necessary to fill a residual position that is vacant due to the Voluntary Early Retirement of an employee.
Excessing beyond the 50-mile limit is permitted only to fill a residual vacancy created by the 2004 Voluntary Early Retirement that cannot be filled from within the installation or the local commuting area. Such excessing can be done only on a one-to-one basis, i.e. only one person excessed for any residual vacancy. (A residual vacancy is a duty assignment that remains vacant after the completion of the voluntary bidding process.)
The provisions of Article 12 of the Collective Bargaining Agreement will continue to apply to excessing covered by the agreement. This includes Section 5.C.5.b.(3), which provides that, “Any senior employee in the same craft or occupational group in the same installation may elect to be reassigned to the gaining installation.” It also includes provisions for relocation expenses for excessed employees, including those who volunteer.
This settlement resolves the union’s grievances and lawsuit – filed earlier this fall – on the VER dispute.
What You Must Do
APWU-represented employees who met the eligibility requirements for Voluntary Early Retirement (VER) as of Oct. 31, 2003, but were denied the opportunity to retire for any of the reasons listed in the form below, should complete the form and submit it to the union immediately if they still wish to retire early.
Employees are eligible as of Oct. 31 if they had:
n At least 20 years of creditable service and have reached age 50; or
n At least 25 years of service, regardless of age.
The APWU has compiled lists of names from two previous solicitations of employees who were denied the opportunity to take VER. However, the parties have agreed to extend the deadline for submission of names until Jan. 9, 2004, in order to ensure the fullest possible accounting of employees interested in VER.
The APWU must provide the USPS with a list by Jan. 9, 2004. Employees who fail to submit their names in time for submission to the Postal Service on Jan. 9, 2004, will not be given the opportunity for voluntary early retirement.
If you have already submitted your name in response to previous requests from the APWU, please do not submit your name again. A list of employees who have submitted their names as of Dec. 19, is posted on the union’s Web site at www.apwu.org. The list will next be updated after Jan. 2.
Employees who became eligible during the period between Nov. 1, 2003, and Feb. 29, 2004, should not submit their names. The Postal Service will identify such employees and offer them VER.
Eligible Operating Services employees should not submit their names. The Postal Service will identify such employees and offer them VER.
APWU-represented employees who were eligible for VER by Oct. 31, 2003, but were denied for any reason, should complete the form below and send it to the APWU at Industrial Relations, APWU VER-Form, 1300 L St. NW, Washington, DC, 20005. You may fax the form to: 202-842-8587.
Please note that completing the form does not constitute an application for retirement.
PLEASE PRINT
Name___________________________________________________________
Job Title ______________________ Craft____________________ Level____
Work Location _____________________________________________________
(Name of installation or facility) (Address)
o I have not received a VER “Statement of Interest” letter from the Postal Service. I meet the service requirements of 25 or more years (any age), or 20 or more years of service and age 50 as of Oct. 31, 2003. I would have retired early had I been granted the opportunity to do so.
o I have received and submitted a VER “Statement of Interest” letter to the Postal Service but have not received a response. I would have retired early had I been granted the opportunity to do so.
o I have received and submitted a VER “Statement of Interest” letter to the Postal Service but have been denied the offer for voluntary early retirement. I would have retired early had I been granted the opportunity to do so. (Please attach disapproval letter, if available.)
Complete in time for the union to submit to the USPS by Jan. 9 and return to:
Industrial Relations, Attn: APWU VER-Form
American Postal Workers Union
1300 L St. NW, Washington, DC 20005
FAX 202-842-8587
Memorandum of Agreement
Between The
United States Postal Service
And The
American Postal
Workers Union, AFL-CIO
Re: Voluntary Early Retirement (VER)
Union, AFL-CIO, enter into this agreement in order to resolve disputes that have arisen with regard to the implementation of the parties’ Memorandum of Understanding Re: Excessing as it relates to voluntary early retirement of employees covered by the USPS/APWU National Agreement. As a full and final resolution of all issues encompassed by grievances numbered Q00C-4Q-C 03209254 and QOOC-4Q-C 04027313, and as a full settlement of APWU v. USPS, Civil Action No, 1:03 CV 1908 (D. D.C.), the parties agree to the following:
1. Attachments A and B to this Memorandum are lists of employees provided by the APWU who have indicated that they wish to receive the opportunity for early retirement pursuant to the MOU Re: Excessing but have not been offered that opportunity. The Postal Service has reviewed the positions held by these employees and the locations at which they are held and concluded that the operational requirements of the Postal Service can accommodate the early retirement of these employees.
2. For employees on Attachment A who occupy positions for which the Postal Service has Voluntary Early Retirement (VER) authority pursuant to the September 9, 2003 letter from the Office of Personnel Management (OPM), the Postal Service shall offer such employees the opportunity to apply for early retirement during calendar year 2004. The Postal Service may schedule effective dates of retirement at any point during the year. However, if operational needs require and OPM authority permits, the effective dates of retirement for maintenance employees, level 6 and above, motor vehicle employees, level 6 and above, and retail clerks may be delayed past calendar year 2004, but not later than July 1, 2005.;3. Attachment B to this Memorandum consists of a list of employees provided by the APWU who have indicated that they wish to receive the opportunity for early retirement pursuant to the MOU Re: Excessing but have not been offered that opportunity, and who occupy positions for which the Postal Service does not have VER authority pursuant to the September 9, 2003 letter from OPM The Postal Service shall, acting in good faith and with the intention that authority will be granted, promptly petition OPM for VER authority for eligible Motor Vehicle Service employees in level 6 and above, Maintenance employees in level 6 and above, and Material Distribution Center employees. The petition shall seek authority sufficient to offer VER to the number of employees listed on Attachment B. Upon receipt of authority from OPM, the Postal Service shall offer employees listed on Attachment B the opportunity to apply for VER during calendar year 2004. The Postal Service may schedule effective dates of retirement for such employees consistent with the provisions in paragraph 2.
4. The Postal Service will offer the opportunity for VER to employees covered by the National Agreement who become eligible for VER during the period from November 1, 2003, through February 29, 2004, due to meeting the age and service eligibility requirements for VER, and the Postal Service will solicit those employees to determine which of them wish to be offered VER. The Postal Service shall offer all such eligible employees for whom the Postal Service has VER authority from OPM the opportunity to apply for early retirement during calendar year 2004. The Postal Service may schedule effective dates of retirement for such employees consistent with the provisions in paragraphs 2 and 3.
5. The parties understand and acknowledge that final decisions on employee eligibility for VER are within the responsibility of OPM and that all decisions and actions with regard to early retirement must be consistent with federal statutes and applicable OPM regulations. In no case shall this Memorandum be construed to obligate the Postal Service to take any action inconsistent with such laws and regulations.
6. The parties acknowledge that they have not verified that the employees on Attachments A and B have met all of the eligibility requirements, such as those relating to age and service, to qualify them for a VER, nor has it been confirmed that all employees on Attachments A and B are in occupational groups represented by the APWU. The parties acknowledge that failure to meet such legal requirements will result in such employees not receiving a VER.
7. Upon execution of this Memorandum, Grievances numbered Q00C4Q-C 03209254 and Q00C-4Q-C 04027313 are considered withdrawn. The parties agree that they will promptly file a Notice of Voluntary Dismissal in Civil Action No. 1:03 CV 1908. The APWU further agrees to withdraw any local grievances resolved by this settlement.
8. The purpose of this agreement is to settle all disputes between the parties encompassed by Grievances numbered Q00C-4Q-C 03209254 and QOOC-4Q-C 04027313 and Civil Action No. 1:03 CV 1908. Should the APWU provide additional names for inclusion on Attachments A and B, they will be added to the appropriate Attachment and offered VER on the same bases as the employees currently on the lists, as long as those names are provide by the APWU to the Postal Service by January 9, 2004. The employees who are the beneficiaries of this settlement are those listed on Attachments A and B, those additional employees identified pursuant to paragraph 4 of this Memorandum, and those additional employees identified by the APWU whose names are provided to the Postal Service by January 9, 2004.
Dated: December 19, 2003
-Memorandum of Understanding Voluntary Early Retirement (VER) pdf
Memorandum of Agreement
Between The
United States
Postal Service
And The
American Postal Workers Union, AFL-CIO
Re: Voluntary Early Retirement (VER) — Operating Services
The United States Postal Service and the American Postal Workers Union, AFL-CIO, agree that the Postal Service shall, acting in good faith and with the intention that authority will be granted, promptly petition the Office of Personnel Management (OPM) for VER authority for eligible employees covered by the Operating Services Agreement. Upon receipt of authority from OPM, the Postal Service shall identify employees covered by the Operating Services Agreement who become eligible for VER through February 29, 2004, in terms of meeting the age and service eligibility requirements for VER. The Postal Service will solicit those employees to determine which of them wish to be offered VER. The Postal Service shall offer all such eligible employees for whom the Postal Service has VER authority from OPM the opportunity to apply for early retirement during calendar year 2004. The Postal Service may schedule effective dates of retirement at any point during the year, after receiving authorization from OPM.
The parties understand and acknowledge that final decisions on employee eligibility for VER are within the responsibility of OPM and that all decisions and actions with regard to early retirement must be consistent with federal statutes and applicable OPM regulations. In no case shall this Memorandum be construed to obligate the Postal Service to take any action inconsistent with such laws and regulations:
The APWU agrees to withdraw any local grievances resolved by this agreement.
Memorandum of Agreement
Between The
United States
Postal Service
And The
American Postal
Workers Union, AFL-CIO
Re: Voluntary Early Retirement (VER) — lT/ASC Bargaining Unit
The United States Postal Service and the American Postal Workers Union, AFL-CIO, enter into this agreement in order to resolve disputes that have arisen with regard to the implementation of the parties’ Memorandum of Understanding Re: Excessing as it relates to voluntary early retirement of employees covered by the USPS/APWU IT/ASC Agreement. As a full and final resolution of all issues related to these employees that may be encompassed by grievances numbered Q00C-4Q-C 03209254 and Q00C-4Q-C 04027313, and APWU v. USPS., Civil Action No. 1:03 CV 1908 (D. DCC.), the parties agree to the following:
1. Attachment A to this Memorandum is a list of employees covered by the IT/ASC Agreement provided by the APWU who have indicated that they wish to receive the opportunity for early retirement, but have not been offered that opportunity. The Postal Service has reviewed the positions held by these employees and the locations at which they are held and concluded that the operational requirements of the Postal Service can accommodate the early retirement of these employees.
2. The Postal Service shall, acting in good faith and with the intention that authority will be granted, promptly petition OPM for VER authority for eligible employees covered by the lT/ASC Agreement. The petition shall seek authority sufficient to offer VER to the number of employees listed on Attachment A. Upon receipt of authority from OPM, the Postal Service shall offer employees listed on Attachment A the opportunity to take VER during calendar year 2004. The Postal Service may schedule effective dates of retirement at any point during the year, after receiving authorization from OPM. However, if operational needs require and OPM authority permits, the effective dates of retirement for employees may be delayed past calendar year 2004, but not later than July 1, 2005.
3. The Postal Service will offer the opportunity for VER to employees covered by the lT/ASC Agreement who become eligible for VER during the period between November 1, 2003 through February 29, 2004, due to meeting the age and service eligibility requirements for VER and the Postal Service solicit those employees to determine which of them wish to be offered VER. The Postal Service shall offer all such eligible employees for whom the Postal Service has VER authority from OPM the opportunity to apply for early retirement during
calendar year 2004. The Postal Service may schedule effective dates of retirement for such employees consistent with the provisions in paragraph 2.
4. The parties understand and acknowledge that final decisions on employee eligibility for VER are within the responsibility of OPM and that all decisions and actions with regard to early retirement must be consistent with federal statutes and applicable OPM regulations. In no case shall this Memorandum be construed to obligate the Postal Service to take any action inconsistent with such laws and regulations.
5. The parties acknowledge that they have not verified that the employees on Attachment A have met all of the eligibility requirements, such as those relating to age and service, to qualify them for a VER, nor has it been confirmed that all employees on Attachment A are in the lT/ASC bargaining unit. The parties acknowledge that failure to meet such legal requirements will result in such employees not receiving a VER.
6. The APWU agrees to withdraw any local grievances resolved by this settlement.
7. Should the APWU provide additional names for inclusion on Attachment A, they will be added to the list and offered VER on the same bases as the employees currently on the list, as long as those names are provided by the APWU to the Postal Service by January 9, 2004. The employees who are the beneficiaries of this settlement are those listed on Attachment A, those additional employees identified pursuant to paragraph 3 of this Memorandum, and those additional employees identified by the APWU whose names are provided to the Postal Service by January 9, 2004.
Dated: December19, 2003
Memorandum of Agreement
Between The
United States Postal Service
And The
American Postal Workers Union, AFL-CIO
Re: Excessing Outside of the Local Commuting Area (50 mile radius)
In order to facilitate the voluntary early retirement process for employees covered by the December 17, 2003 Memorandum of Agreement Re: Voluntary Early Retirement (2004 VER), the parties agree that the Memorandum of Understanding Re: Excessing shall not preclude the excessing of an employee outside the employee’s local commuting area (50 mile radius) when the excessing is necessary to fill a residual position that is vacant due to the voluntary early retirement of an employee. The excessing of an employee beyond 50 miles pursuant to this agreement shall be permitted only to fill a residual vacancy created by 2004 VER (one to one) that cannot be filled from within the installation or commuting area.
The requirements of Article 12 continue to apply to excessing covered by this Memorandum. This includes the application of Article 12.5.C.5.b.(3), or other applicable craft provision, relating to volunteers taking the place of employees subject to involuntary assignment. Such volunteers have their seniority established by these provisions, and relocation benefits for such volunteers are the same as they would be for the employees subject to involuntary reassignment.
Date: December 19, 2003
Excessing Outside of the Local Commuting Area (50 mile radius)
Memorandum of Agreement
Between The
United States Postal Service ~
And The
American Postal Workers Union, AFL-CIO
Re: Closure of Remote Encoding Centers (RECs)
The parties agree that the Memorandum of Understanding Re: Excessing shall not preclude the excessing of employees outside of the local commuting area of their installation (50 mile radius) when the excessing is necessary because of the closure of a Remote Encoding Center.
The requirements of Article 12 continue to apply to excessing covered by the Memorandum.
-Closure of Remote Encoding Centers (RECs)
December 22, 2003
VOLUNTARY EARLY RETIREMENT
DISPUTE SETTLED
EARLY RETIREMENT FOR MOTOR VEHICLE CRAFT EMPLOYEES
On Dec. 19, 2003, The APWU and the Postal Service reached an agreement that will give all eligible APWU-represented employees an opportunity to take voluntary early retirement (VER).
Employees who were eligible by Oct. 31, 2003, but who were denied the opportunity for early retirement for the reasons listed in the form, must notify the APWU immediately if they wish to retire early. The APWU is responsible for providing the names to the USPS by Jan. 9, 2004. (See form below.)
The Motor Vehicle Craft
The agreement requires the Postal Service to offer VER to all eligible employees in the Motor Vehicle Craft in Level 5 positions and below. The offer is to be made to such employees during calendar year 2004.
In addition, the agreement requires the Postal Service to promptly petition the Office of Personnel Management (OPM) for VER authority for eligible Motor Vehicle Craft employees in Level 6 positions and above. The agreement requires the USPS to make the petition, “acting in good faith and with the intention that authority will be granted.”
Once authority is granted, the Postal Service shall offer such employees early retirement during calendar year 2004. However, if operational needs require and OPM permits, the effective dates of retirement for Motor Vehicle Craft employees in Level 6 positions and above may be delayed, but no later than July 1, 2005.
Identifying Eligible Employees
The agreement also requires the Postal Service to identify employees who become eligible for early retirement during the period between Nov. 1, 2003, and Feb. 29, 2004, and offer them VER. (For Motor Vehicle Craft employees in Level 6 positions and above, OPM approval first must be obtained.)
Employees who become eligible during the period from Nov. 1, 2003, to Feb. 29, 2004, should not submit their names to the APWU. The Postal Service will solicit those employees to determine who desires to be offered the opportunity to retire early.
The APWU has been compiling lists of eligible employees who have been denied VER. “List A” consists of employees who met the age and service requirements by Oct. 31, 2003, and for whom the Postal Service has authority from OPM to offer early retirement, but has denied them the opportunity. “List B” includes employees who met the age and service requirements for voluntary early retirement by Oct. 31, 2003, and occupy Level 6 positions and above in the Motor Vehicle Craft.
WHAT YOU MUST DO
APWU-represented employees who met the eligibility requirements for Voluntary Early Retirement (VER) as of Oct. 31, 2003, but were denied the opportunity to retire for any of the reasons listed in the form, should complete the form and submit it to the union immediately if they still wish to retire early.
Employees are eligible as of October 31st if they had:
· At least 20 years of creditable service and have reached age 50; or
· At least 25 years of service, regardless of age.
The APWU has compiled lists of names from two previous solicitations of employees who were denied the opportunity to take VER. However the parties have agreed to extend the deadline for submission of names until Jan. 9, 2004, in order to ensure the fullest possible accounting of employees interested in VER.
The APWU must provide the USPS with a list by Jan. 9, 2004. Employees who fail to submit their names in time for submission to the Postal Service on Jan. 9, 2004, will not be give the opportunity for voluntary early retirement.
If you have already submitted your name in response to previous request from the APWU, please do not submit your name again. A list of employees who have submitted their names as of Dec. 19, 2003, is posted on the union's Web site at www.apwu.org. The list will be updated after Jan. 2, 2004.
Employees who become eligible during the period between Nov. 1, 2003, and Feb. 29, 2004 should not submit their names. The Postal Service will identify such employees and offer them VER.
APWU-represented employees who were eligible for VER by October 31, 2003, but were denied for any reason, should complete the form below and sent it to the APWU at Industrial Relations, APWU VER-Form, 1300 L Street NW, Washington, DC 20005. You may fax the form to (202) 842-8587.