Since 1995, the Motor Vehicle Service (MVS) Craft has challenged and bargained with the employer over the drug and alcohol testing processes and procedures pertaining to any MVS employee who is required to maintain a Commercial Driver’s License (CDL). The Federal Motor Carrier Safety Administration (FMCSA) under the Department of Transportation (DOT) mandates 50% of USPS employees in safety-sensitive positions be tested annually for drugs, and 10% of USPS employees in safety-sensitive duty assignments be tested annually for alcohol.
The APWU has been notified under the provisions of Article 19 of the intended changes to “Management Instruction PO 720-2010 Alcohol and Drug Testing of Employees with a Commercial Driver’s License (CDL).” This Management Instruction (MI) had been the subject of a previous National Dispute and underwent multiple revisions before the parties could negotiate and agree to PO 720-2010-1, which is presently in effect. One of the revisions the APWU successfully negotiated for included changes to the level of discipline in the event of a positive drug test; the requirement for “up to a last chance agreement,” instead of “up to removal” was not initially included. In many cases, management went straight to the removal of an employee who had a positive drug test, as written in the previous version. The Omnibus Transportation Employee Testing Act of 1991, which brought about the testing requirements, also mandated that the employee be assisted in rehabilitation. Postal Service commercial motor vehicle operators have a lower positive drug test rate than the logistics industry’s national average for safety-sensitive positions.
The USPS has always committed and agreed that the DOT CDL rules for postal employees would “Follow or Mirror” DOT rules.
MI-720-2010-1 has specific procedures to comply with the FMCSA and DOT requirements, such as the roles of the Medical Review Officer (MRO) and the Designated Employer Representative (DER). MI-720-2010-1 also details how often training is required for employees holding a CDL, as well as management training requirements. The APWU was recently notified of the Postal Service’s intent to amend the current MI-720-2010-1. We have fi led both Article 15 and 19 disputes challenging these changes as not fair, reasonable, or equitable, and that the previous MI was discussed and mutually agreed upon by the parties. We have requested to meet with the Postal Service to discuss these changes that directly affect the wages, hours, and working conditions of the employees holding a CDL with the intent of preserving the rights previously negotiated for our members.
We will continue to strive for compliance with the requirements set forth by law and the Collective Bargaining Agreement.
MVS Management Performing Time and Attendance Collection System Duties
We have received constant reports from the field regarding management continuing to perform Time and Attendance Collection System (TACS) duties in the Vehicle Maintenance Facilities (VMFs) across the country. The MVS Craft has filed a Step 4 Dispute challenging the continued violation of Article 1.6 Performance of Bargaining Unit Work. The VMFs across the country are generally a part of the larger installation and meet the Article 1.6 criteria, and the internal management separation between Fleet Management and Logistics, regardless of what the local fleet management may claim, does not allow supervisors to perform the inputting or recording of time. This is long established as bargaining unit work.
The Clerk Craft has numerous settlement agreements that TACS is bargaining unit work. The MVS Craft position has not changed regarding TACS duties. This work cannot be performed by management. We are not trying to take that work from the Clerk Craft, but we will not stand by and watch as management continues to perform bargaining unit work. We, as the APWU, must stand together and fight together. Management’s continued violation of Article 1.6 is unacceptable and must be challenged.
When We Fight, We Win
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