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No. 04-25 December
3, 2004 |
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MSPB
Rules for Injured Carrier
In Annuity Calculation Dispute
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An injured full-time employee who returns
to limited duty but cannot work 40 hours per week is still
entitled to have his retirement annuity calculated as if
he had been in full-time status, the Merit Systems Protection
Board (MSPB) ruled November 16 in Hatch v. OPM.
NALC President William Young praised the
ruling which should set a precedent for all similarly situated
retirees.
"This case demonstrates
how the effort of one determined letter carrier can secure
justice for all his sisters and brothers," Young
said.
David Hatch, a member of Branch 7, Lynn,
Massachusetts, was injured on the job in October 1990 and
carried on the Postal Service rolls in a leave without pay
status for nearly three years. In October 1992 he returned
to work in limited duty status, but was never able to work
more than 20 hours in a week.
After Hatch retired in September, 2002,
he discovered that OPM had calculated his retirement annuity
as if he had been a part-time employee, which reduced his
monthly annuity payments.
Hatch protested OPM's action and appealed
to the MSPB. In its decision, the MSPB totally rejected
OPM's position.
"The fact that the appellant
never recovered sufficiently to work full 8-hour days, despite
expectations that he would do so, does not establish that
he was a part-time employee, for retirement purposes, from
1993 until his retirement," the board said. Accordingly,
the MSPB ordered OPM to recompute Hatch's annuity, crediting
as full-time service his employment from October, 1993 until
his retirement.
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Fifth
COLA Surges to $270.40
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The projected accumulation for the fifth
of eight regular cost-of-living adjustments under the 2001-2006
National Agreement jumped to $270.40 following release November
17 of the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W) for October, reflecting sharp increases
in energy and food prices.
The fifth COLA will be based on inflation
between July and January 2005 and will be payable in the
second full pay period following release of the January,
2005 index.
The $270.40 annual accumulation equals
13 cents per hour or $10.40 per pay period.
The accumulation toward the 2006 retiree COLA stood at 0.8
percent following release of the October CPI-W. The 2006
retiree COLA will be based on the increase in the average
CPI-W between the third quarter of 2004 and the third quarter
of 2005.
Retirees under the Civil Service Retirement
System (CSRS) will receive a cost-of-living adjustment of
2.7 percent in 2005 and Federal Employees Retirement System
(FERS) retirees will receive a COLA of 2 percent. Under
current law, FERS COLA increases are set at 2 percent if
the CPI increase is between 2 percent and 3 percent.
The accumulation toward the 2005 COLA
for Federal Employees Compensation Act (FECA) participants
increased to 3.7 percent based on the latest figures. The
2005 FECA COLA is based on the increase in the CPI-W between
December 2003 and December 2004.
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Jackson
Appointed RAA in Region 1
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Christopher Jackson, third vice president
of NALC Branch 1100 in Garden Grove, California, has been
appointed by NALC President Young as a full-time Regional
Administrative Assistant in Region 1 (San Francisco).
Jackson, 43, succeeds Joan Hurst, who
is retiring at the end of the year.
A resident of Rancho Cucamonga, California,
Jackson first entered the Postal Service in 1981 as a LSM
operator and switched to the letter carrier craft a year
later. He became a shop steward for the NALC in 1986. In
1993, he became route inspection coordinator for the NALC
in the San Diego District and in 1995 added the role of
DPS coordinator, holding both positions until 2000. He assumed
his current full-time position in Branch 1100 in 2001.
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FEHB
'Open Season' Extended to Dec. 28
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Additional
Time to Join NALC Health Plan |
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Letter carriers and other postal employees
will have until December 28 to enroll in the
NALC Health Benefit Plan for 2005 under an extension
granted to the Postal Service by the Office of Personnel
Management (OPM).
Letter carriers not already enrolled in the NALC Plan
can assure themselves and their families of high-quality,
comprehensive medical care coverage for 2005 by enrolling
in the NALC Health Benefit Plan during this extended "Open
Season."
If you are not already enrolled in the NALC Plan, don't
miss this opportunity!
Doug A. Tulino, USPS Manager of Labor Relations Policies
and Programs, told NALC President William H. Young in a
November 29 letter that printing of the 2005 Federal Employee's
Health Benefits (FEHB) Career Employee Guides (RI 70-2)
was delayed, which in turn delayed the mailing and receipt
of the guides at the mailing addresses of postal employees.
"To compensate for this
nearly two-week delay, the Postal Service will accept
FEHB open season elections for an additional two weeks
under the belated election authority granted to agencies
by the Office of Personnel Management," Tulino wrote.
Tulino explained that open season enrollments will be
accepted until 5 p.m. Central Time on December 28 for all
postal employees. The effective date of such choices will
remain at January 8, 2005.
Every NALC member has been sent a copy of the NALC
Health Benefit Plan's Official Brochure as well as enrollment
information. In addition, the November issue of the Postal
Record included extensive information in a special
insert. Owned and operated by the union, the NALC Health
Benefit Plan provides active letter carriers, annuitants,
and other postal employees with top quality coverage that
includes medical services provided by physicians, inpatient
and outpatient hospital services, emergency treatment, mental
health and substance abuse treatment, and NALC's prescription
drug program.
This is a summary
of some of the features of the NALC Health Benefit Plan.
Detailed information on the 2005 NALC Health Benefit Plan
can be found in the official brochure. Before making a final
decision, please read the Plan's
officially approved Brochure (RI 71-009). All benefits
are subject to the definitions, limitations, and exclusions
set forth in the official brochure.
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Arbitrator
Carlton J. Snow
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Longtime postal arbitrator Carlton J. Snow, who issued a number
of crucial arbitration awards affecting letter carriers, passed
away November 19 in Salem, Oregon after collapsing following
a labor arbitration class with students at Willamette University
College of Law. He was 64.
Since 1990, Arbitrator Snow issued more than 30 national
level awards in NALC cases. Among his most significant decisions
were his 1996 award holding that the Joint Statement on
Violence and Behavior in the Workplace may be enforced against
the Postal Service through the grievance procedure; a 1997
award enforcing the bundle limits provided by the DPS Work
Methods Memorandum; and a 1998 decision prohibiting the
Postal Service from transferring injured full-time letter
carriers to the clerk craft as part-time flexibles.
NALC President William H. Young expressed the condolences
of the NALC membership and praised Snow on his distinguished
record of accomplishments.
"Throughout his career as
an arbitrator, Carlton Snow strived to guarantee working
men and women, including letter carriers, the respect
and reward they deserve for their valuable service to
their employer and to the nation," said Young. "He
was a giant in the arbitration field and his passing is
a great loss to all who have relied on his expertise and
judgment."
Snow taught law for 33 years and was a senior professor
at Willamette. The Salem (OR) Statesman
Journal noted that he was known "for his gentle
heart and profound understanding of labor arbitration."
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Interpretive
Step Appeal Filed in
USPS Outplacement Pilot Case
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The NALC has initiated an Interpretive
Step appeal protesting the Postal Service's withdrawal of
limited duty from a New York letter carrier whose limited
duty job consisted of casing on her own bid assignment and
performing other letter carrier duties.
Management, acting behind the shield of
its misnamed Outplacement Pilot initiative, had based its
action in part on the claim that medical evidence indicated
the employee would never fully recover.
Those employees entitled to compensation
and able to work limited duty but have limited duty jobs
withdrawn or not provided in the first place may have appeal
rights to the Merit System Protection Board (MSPB) in addition
to their grievance rights.
These MSPB appeal rights apply to
all compensably injured employees, not just veterans.
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© 2001-2005 National Association of Letter Carriers, AFL-CIO |
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