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    Updated June 30, 2009    
    
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NALC, APWU win key ruling in OIG case

NALC and the APWU scored an important preliminary victory in their law suit against the Postal Service and the Office of Inspector General (OIG). In a ruling issued March 30, U.S. District Court Judge Denny Chin denied a motion by the defendants to dismiss the case. The law suit, which had been held in abeyance pending the decision on the motion, will now proceed for consideration of the merits.

“I am delighted with this ruling,” President Bill Young said, “it will give us a chance to expose the lawlessness of an out-of-control OIG and to put a stop to the violation of our members’ privacy rights.”

NALC and APWU filed their joint lawsuit against the Postal Service and the (OIG) on January 17, 2008 in the federal district court in New York City,
seeking to stop OIG agents from obtaining confidential medical information about employees without their knowledge or consent. The controversy over the OIG’s unlawful practices came to light in September, 2007 when NALC obtained a copy of a standard form letter used by OIG agents when demanding that physicians and other health care providers disclose sensitive health information. This information is used to assist agents in their investigations of alleged employee misconduct. The standard letter expressly advises the physician not to inform the patient – the affected employee – of this disclosure.

The NALC-APWU suit alleges that the OIG’s practice violates federal statutes and regulations, as well as the U.S. Constitution. The complaint seeks an injunction requiring the Postal Service and the OIG to cease and desist.

On June 6, 2008, the Service and the OIG responded to the suit by filing a motion to dismiss the Unions’ complaint. They argued that the Unions lacked “associational standing” to sue on behalf of their members whose rights had allegedly been violated. The defendants also argued that the Unions’ allegations failed to establish a violation of the law.
In his ruling Judge Chin rejected each of the USPS/OIG arguments and completely upheld the Unions’ position:

"The [Unions’] claim adequately alleges that OIG exceeds its authority by requesting protected health information directly from employees’ health care providers without their knowledge or consent. Furthermore, the “adverse effect” on the employees – necessary to state a Privacy Act violation . . . – is destruction of the confidentiality of the employees’ protected health information and violation of the right to privacy. . . ."

Judge Chin has scheduled a status conference with the parties’ attorneys for April 6 to discuss the next steps to be taken in the case.

The law suit is not a class action in which individual employees can join. No money damages are being sought.

LATEST NEWS
Latest Postal Record
July 2009  

Latest Carrier Pay Chart (PDF)
November 22, 2008

NOTE: The general wage increase is calculated relative to the pay schedule from the opening of the contract in 2006, not the most recently updated pay schedule. Also, although called for, there was no COLA in March 2009 thanks to a sluggish economy.
Latest NALC Bulletin (PDF)
June 18, 2009
COLA update
National Agreement
2006-2011
(.pdf, 482K)
Rap Session, April 25-26, 2009
Convention, July 21-25, 2008
Route Protection Program
Leadership Academy
 
Branch By-Law Changes

NALC Assistant Secretary-Treasurer George Mignosi requests that branches use the form below when submitting proposed by-law changes to Headquarters. This form can only be used once the bylaw has been voted on and approved, as well as signed by a branch officer.

By clicking HERE, you will launch a small program (By-laws.exe) that allows you to type required information directly into the NALC By-laws form. You will need to fill out a separate form for each proposed change in article number and/or subsection, then print each completed form and mail them, along with two complete copies of your current by-laws, to:
George Mignosi, Assistant Sec.-Treas.
NALC
100 Indiana Ave. NW
Washington, DC 20001-2144


Fifth Contract COLA: 0%

There was no projected accumulation toward the fifth regular cost-of-living adjustment (COLA) for letter carriers under the 2006-2011 National Agreement following the release of the May Consumer Price Index (CPI) on June 17.

The next COLA will reflect the increase in the CPI between January and July 2009.

2010 Retiree COLA: 0%

There was no projected accumulation toward the 2010 retiree COLA in June following the release of the May 2009 BLS CPI.

The actual COLA will reflect the difference between the average CPI for the third quarter of 2008 and the average CPI for the third quarter of 2009.

2010 FECA COLA: 1.9%

Following the release of the May 2009 CPI, the projected accumulation toward the 2010 Federal Employees Compensation Act (FECA) COLA stands at 1.9 percent.

The 2010 FECA COLA will be based on the increase in the CPI between December 2008 and December 2009 and will become effective on March 1, 2010.

FECA COLAs are applicable only in cases where death or disability occurred more than one year prior to the adjustment’s effective date.

Click here for further details on the retiree COLA

Testimony before Congress on five-day delivery:


Testimony of USPS Board of Governors Chair Carolyn Gallagher



Testimony of NALC President William H. Young



Testimony Responses from NALC President William H. Young

© National Association of Letter Carriers, AFL-CIO