APWU

Puerto Rico FMCSA Drug and Alcohol Clearinghouse Query to Consent Form Settlement

Posted in: APWU

The parties met at Step 4 of the grievance-arbitration process to discuss the above referenced grievance. The dispute was initiated at Step 4 by the American Postal Workers Union (APWU). Time limits were extended by mutual consent.
The issue is whether Motor Vehicle Service (MVS) operators who perform safety sensitive work in Puerto Rico are required to sign the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse query consent form.
The parties agree to resolve this case based on the following understanding:
Based on current policy, MVS employees performing safety sensitive work in Puerto Rico are exempt from the FMCSA Drug and Alcohol Clearinghouse requirements and will not be required to sign the FMCSA Drug and Alcohol Clearinghouse Consent to Query form. The parties agree that the Postal Service will reinstate to a working status, provided the employee(s) has a valid driver’s license to operate a heavy-duty truck and a valid medical card, MVS employees in Puerto Rico who have not been allowed to work due to being denied driving privileges for refusal to sign the Clearinghouse Consent to Query form. Additionally, the Postal Service will make whole any lost wages and benefits the employees would have been entitled to had they been allowed to work.
The parties agree and acknowledge the Postal Service’s commitment to follow Department of Transportation (DOT) and FMCSA regulations regarding the administration of Commercial Drivers Licenses.
The parties agree that any changes made to the policy which directly relates to wages, hours or working conditions of bargaining unit employees will be provided in accordance with Article 19 of the National Agreement.

The issue is whether Motor Vehicle Service (MVS) operators who perform safety sensitive work in Puerto Rico are required to sign the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse query consent form.Friday, September 13, 2024

GATS Number:

6X 21V-6X-C 24023551

APWU National Grievance Number:

HQTV20230514Nohttps://d1ocufyfjsc14h.cloudfront.net/sites/default/files/agreement_6x_21v-6x-c_24023551_hqtv20230514.pdf

Craft:

Motor Vehicle Service

Document Type:

Step 4 Agreement0

Puerto Rico FMCSA Drug and Alcohol Clearinghouse Query to Consent Form Dispute

Posted in: APWU

In accordance with Article 15, Sections 2 and 4 of the National Agreement, the American Postal Workers Union is initiating a Step 4 dispute regarding the Postal Service’s imposition of work requirements related to, but not mandated by, the Federal Motor Carrier Safety Administration Drug and Alcohol Clearinghouse, on Motor Vehicle Service employees in Puerto Rico.
The Postal Service has required MVS drivers in Puerto Rico to participate in and sign consent forms for the FMCSA Drug and Alcohol Clearinghouse as a term and condition of their continued employment. However, the FMCSA only imposes its Clearinghouse requirements on CDL holders operating within a covered “State.” See 49 C.F.R. § 382.103(a) (applying to “persons who operate a commercial motor vehicle in commerce in any State”). Puerto Rico is not a “State” under FMCSA regulations, 49 C.F.R. § 383.5 (defining “State” as “a State of the United States and the District of Columbia.”), and drivers in Puerto Rico operate under Heavy Motor Vehicle licenses issued under Puerto Rico’s laws rather than CDLs. See P.R. Laws, tit. 9, § 5053. The DOT therefore does not require drivers in Puerto Rico to participate in the Clearinghouse, nor does Puerto Rico impose this requirement. See FMCSA: Drug & Alcohol Clearing House, available at https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/Queries-Consent-Requests (addressing whether “motor carrier employers operating in Puerto Rico required to query/report to the Clearinghouse”); P.R. Regs. NTSP Reg. 9358, Sec. 22.21(d) (indicating that the Clearinghouse regulations do not apply).
The Postal Service has taken the position since 1995 that it will “follow,” “mirror,” or “parallel” the DOT regulations for CDLs. In recent years, the Postal Service has repeatedly reaffirmed this commitment, including in 2019 and 2020 Step 4 settlement agreements in Case No. Q15V-4Q-C 18046276/HQTV20170529 and Case No. Q18V-4C-C 20375622/HQTV 20200376.
The interpretive issue to be decided is whether the Postal Service’s requirement that non-CDL Motor Vehicle drivers in Puerto Rico participate in and sign consent forms for the FMCSA Drug and Alcohol Clearinghouse deviates from DOT and FMCSA regulations and therefore violates the National Agreement and the 2019 and 2020 Step 4 settlement agreements above by failing to “parallel” the DOT and FMCSA regulations.
The APWU believes that non-CDL MVS drivers are not subject to the Clearinghouse regulations, and that the Postal Service is placing unnecessary requirements on the MVS drivers in Puerto Rico to which other non-CDL employees of the Postal Service with driving duties are not required to adhere. The APWU demands that the Postal Service end its practice of imposing Clearinghouse requirements on non-CDL Motor Vehicle employees in Puerto Rico.
Please contact Michael Foster, case officer, at (202) 842-2240 to discuss this dispute at a mutually scheduled time.
In Solidarity, Michael O. Foster, Director Motor Vehicle Service Division

In accordance with Article 15, Sections 2 and 4 of the National Agreement, the American Postal Workers Union is initiating a Step 4 dispute regarding the Postal Service’s imposition of work requirements related to, but not mandated by, the Federal Motor Carrier Safety Administration Drug and Alcohol Clearinghouse, on Motor Vehicle Service employees in Puerto Rico.Thursday, November 16, 2023

GATS Number:

6X 21V-6X-C 24023551

APWU National Grievance Number:

HQTV20230514Nohttps://d1ocufyfjsc14h.cloudfront.net/sites/default/files/national_dispute_no._hgtv20230514.pdf

Craft:

Motor Vehicle Service

Document Type:

APWU Position Letter0

MVS Division Settles Puerto Rico FMCSA Consent to Query Form Dispute

Posted in: APWU

November 14, 2024The Motor Vehicle Service (MVS) Division has settled a Step-4 grievance (APWU Case HQTV20230514) on whether MVS employees in Puerto Rico are exempt from signing the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse Consent to Query form.

The Motor Vehicle Service (MVS) Division has settled a Step-4 grievance on whether MVS employees in Puerto Rico are exempt from signing the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse Consent to Query form.
In 2020 MVS announced the settlement of a National Dispute involving the FMCSA Drug and Alcohol Clearinghouse Consent to Query form.
In 2023 a new National Dispute arose regarding whether MVS operators who perform safety-sensitive work in Puerto Rico are required to sign the FMCSA Drug and Alcohol Clearinghouse Query to Consent form.
After much discussion, the parties have come to an agreement about the dispute, which includes the following language:“Based on current policy, MVS employees performing safety sensitive work in Puerto Rico are exempt from the FMCSA Drug and Alcohol Clearinghouse requirements and will not be required to sign the FMCSA Drug and Alcohol Clearinghouse Consent to Query form.”
Click here to view the full Step-4 Agreement.

National Dispute Documents

Puerto Rico FMCSA Drug and Alcohol Clearinghouse Query to Consent Form Settlement Agreement
Puerto Rico FMCSA Drug and Alcohol Clearinghouse Query to Consent Form Grievance

MVS Division Settles Puerto Rico FMCSA Consent to Query Form Dispute 0

The Social Security Fairness Act, H.R. 82, Passes the House of Representatives

Posted in: APWU

November 13, 2024On the evening of November 12, the House of Representatives passed H.R. 82, the Social Security Fairness Act, by an overwhelmingly bipartisan vote of 327 – 75. This bill seeks to repeal the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), which are parts of Social Security law that unfairly reduce, or sometimes eliminate, hard-earned Social Security benefits for Civil Service Retirement System (CSRS) retirees

On the evening of November 12, the House of Representatives passed H.R. 82, the Social Security Fairness Act, by an overwhelmingly bipartisan vote of 327 – 75. This bill seeks to repeal the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), which are parts of Social Security law that unfairly reduce, or sometimes eliminate, hard-earned Social Security benefits for Civil Service Retirement System (CSRS) retirees.
To hear how the WEP and GPO have negatively impacted APWU members, please click on their names below:
● Thomas Brown
● Dave Bernstein
● Joyce Debnam
“In a polarized Congress and a time of political uncertainty for the country, House representatives set aside their differences and voted in favor of the people,” stated APWU President Mark Dimondstein. “We applaud the bipartisan leadership of Rep. Spanberger and Rep. Graves as we now shift our focus to the Senate.”
“Thank you to all of the APWU members and retirees for their tireless advocacy,” said APWU Legislative and Political Director Judy Beard. “Your dedication to fixing this injustice has been relentless throughout the many obstacles we have faced to enact this legislation over the years.”
Our fight now is in the Senate, where the Social Security Fairness Act (S. 597) has yet to be scheduled for a vote. Please call the APWU Legislative Hotline at 1-844-402-1001 to be connected to your senators and urge them to support S. 597, and encourage leadership to schedule a floor vote before the end of this Congress!

Maryland State and DC Convention and Seminar

Posted in: APWU

Maryland State and DC Convention and Seminar
Room rates:
Wed. May 14, 2025 $99.00
Thur. May 15, 2025 $114.00
Fri. May 16, 2025 $129.00
Sat. May 17, 2024 $129.00
Checkout is 11am
Rates are based on 1-4 people per room plus $39 resort fee, plus tax.
Reservations can be made by calling 844-473-9653.
RESERVATION BLOCK CODE: 0525APWU
May 15, 2025 – 9:00AMGreat Wolf Lodge1240 Chesapeake Overlook Pkwy
Perryville, MD 21904

LocalNoYes2025-04-10 00:00:00This event is now closed for registration.
2025 Maryland State and DC Convention and Seminar10

2025 APWU Health Plan PSHB Flyer

Posted in: APWU

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/open-season-announcements-2024.pdf2025 APWU Health Plan PSHB Flyer

Filling Residual Vacancies – Clerk Craft Outline

Posted in: APWU

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/residual_vacancies_mou_section_-_clerk_craft_webpage.docxFilling Residual Vacancies – Clerk Craft Outline

Statement by APWU President Mark Dimondstein on the 2024 Election

Posted in: APWU

November 6, 2024APWU President Mark Dimondstein provides a statement on the 2024 Election
PresidentMark Dimondstein

Dear APWU Family:
As expected, the presidential election was close and came down to a handful of “battleground” states. Donald Trump has prevailed, riding voters’ deep concerns over the high cost of living and lack of economic opportunity, but also garnering millions of votes by running a divisive campaign based on fear, bigotry, resentment and revenge. In addition the outcome, particularly the lower voter turnout, reflect a frustration and disillusionment with both mainstream political parties.
Kamala Harris, who received a strong majority of union member votes throughout the country, graciously conceded the race — in stark contrast to Donald Trump when he lost in 2020 and responded by inciting a violent coup attempt to stay in power.
I and the national leadership, fully respect that our members hold many varying political beliefs and applaud all those involved in the political process. Members worked for various candidates, participated in the APWU “Labor 2024” program, registered people to vote, talked to co-workers, family and friends, put up yard signs, made phone calls, knocked on doors, worked the polls – and voted!
The election is over, but the negative and deep ramifications for postal workers, the labor movement and all workers as indicated by Project 2025, the right wing “blueprint” for a Trump administration, is just beginning.
Donald Trump, in his first term, openly promoted postal privatization, calling for the Postal Service to be broken up and sold off to private corporations for private profit. Had he succeeded, our union would have been broken, our postal livelihoods erased, and our national treasure – the public Postal Service – destroyed.
The APWU led the charge, uniting with the people of the country, in defense of the Postal Service, our jobs, and the essential service we proudly provide every day. We defeated the privatization scheme and secured the political support needed to win long-overdue postal reform legislation.
So, while we should expect many difficult challenges to come – in the postal world and beyond – we should never forget that working people have the power to prevail.
The struggle indeed continues. We will keep our eye on the prize as we work to build our union, strengthen the working-class movement, and based on our common interests, solidarity and unity, prepare for the tough fights ahead.
Regardless of who sits in the White House, the APWU remains committed to our goals of fairness and justice for working people – good wages, benefits and retirements, respect for all workers, safe workplaces, workers,’ civil and women’s rights, and rejecting any march toward dictatorship and authoritarian rule. We will continue to work on a non-partisan basis with all those, including elected representatives regardless of party, who share these goals. Our future lies in our hands!
On another note:
Regardless of which candidates you supported, APWU members from all crafts should be extremely proud of our role in enhancing the public’s most precious democratic right – the right to vote. With extra hours, attention, effort and priority, postal workers shined by moving “heaven and earth” to make sure that over 40 million mail ballots were processed, arrived on time and were counted. APWU locals stepped up to ensure the job was done well and any problems were addressed. Once again, we have shown how essential we and the public Postal Service are to the people of the country.

Statement by APWU President Mark Dimondstein on the 2024 Election0

APWU NSB 11-2024 Health Plan Open Season

Posted in: APWU

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/nsb_11-2024_health_plan_open_season.pdfAPWU NSB 11-2024 Health Plan Open Season

APWU NSB 10-2024 October 1 Rally

Posted in: APWU

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/nsb_10-2024_october_1_final.pdfAPWU NSB 10-2024 October 1 Rally