Legislative & Retiree Departments

1. Legislative & Retiree Departments National President’s ConferenceBaltimore, MDApril 16, 2007

3. Do Not Mail – State Status

4. FMLA

5. FMLA ALMOST SINCE ITS INITIAL PASSAGE IN 1992 EMPLOYERS HAVE DONE EVERYTHING IN THEIR POWER TO MAKE IT DIFFICULT FOR WORKERS TO EXERCISE THEIR RIGHTS UNDER THIS LAW. PROTECTING THIS IMPORTANT LAW CONTINUES TO BE A LEGISLATIVE PRIORITY. AREAS OF CONCERN: Definition of “Serious Health Condition” Intermittent Leave Effects of Ragsdale decision Medical Privacy Adequacy of Medical Evidence

6. SERIOUS HEALTH CONDITION • Definition of a “serious health condition” • Congress intentionally refused to place a laundry list of conditions in the statute because of their fear that employers would recognize ONLY those conditions. • Instead the statute set up a series of criterion to define what constitutes a “serious health condition” • Employers are constantly urging congress to narrow the scope of that term to only a specific list of life threatening conditions.

7. INTERMITTENT LEAVE • Employers believe FMLA protection should only apply to the initial onset of a “serious health condition” • They want to limit the worker’s ability to apply FMLA protection to intermittent absences that may occur relating to the condition by setting a 4 hour minimum for subsequent absences.

8. RAGSDALE IMPACT • When the initial regulatory guidelines were issued employers were penalized for untimely notice to workers once they learned of an FMLA condition. That penalty prohibited absences to be charges against the 12 week if the workers did not receive the required notification regarding their rights under the Law. • The Supreme Court rescinded that penalty and now employers delay notifications to workers with impunity. • We believe new penalties must be established.

9. MEDICAL PRIVACY • One of the basic protections provided in the Law was that employers cannot contact a worker’s physician without their knowledge and consent. • The DOL in recent years allowed exceptions when an employer is seeking clarification. • That exception has been abused and misused particularly by USPS FMLA coordinators. • The original intent to protect the medical privacy of workers must be tightened up and the DOL must be stopped from eroding this protection.

10. ADEQUACY OF MEDICAL CERTIFICATIONS • The statute currently contains specific guidelines on what information must be provided on a medical certificate. • Employers must be stopped from continually asking for more information than they are legally entitled to. • The DOL has not been helpful in enforcing the rules and that must be addressed

11. SOME GOOD NEWS • Representative Carolyn Maloney (D-NY) has introduced a bill to expand FMLA coverage. • Reduces the 50 worker limit to 25 • Provides parental leave to tend to educational needs of their children • Covers absences relating to domestic violence

12. Vote by Mail

13. VOTE BY MAIL INITIATIVE Recent elections have certainly exposed problems with the growing use of electronic voting machines in traditional voting booth ballot procedures. The lack of a paper trail and concerns over potential machine tampering have expedited the effort to move away from electronic and some forms of paper balloting.

14. VOTING BY MAIL • Nearly every state currently has some form of mail balloting. Most deal with absentee balloting procedures. • The restrictions on absentee balloting varies from state to state so bills to standardize this type of voting are working their way through the legislature. • S 979 is a bill introduced by Senator Wyden (D-OR) • H.R. 281 and H.R. 166 are bills introduced by Rep. Susan Davis (D-CA)

15. COLORADO • This is a state that has legislation pending to modify absentee voting rules • Would allow voters to permanently register as a mail-in voter • A voter cannot be removed from the mail-in list unless they fail to vote in two successive General Elections • Mail in voters would receive written instructions and notifications.

16. OTHER STATES • OREGON ..Most successful with over 80% voter participation. All voters vote by mail. • WASHINGTON 34 0f 39 counties held all-mail elections in 2006 • CALIFORNIA went to permanent absentee registration and in 2006 over 40% of voters voted by mail. • MINNESOTA considering legislative initiatives.

17. PURPOSE • All of the bills are similar in that they suggest states offer voters expanded opportunities to vote by mail. • The bills offer states grants to help offset the cost of converting to a mail ballot process. • Voting by Mail increases voter participation • Ballots are handled by the Postal Service

18. OTHER ADVANTAGES • The use of a mail ballot process opens up a much greater window within which voters can cast their ballots. In most instances 4 to 6 weeks is allowed versus the current one day of ballot voting. • Each ballot cast has a paper trail which allows for more accurate counting and recounts when necessary. • The opportunity for voter fraud is reduced dramatically. • It restores public confidence in election procedures.

19. THE TRANSITION • Some states transition from voting booth elections to mail ballot elections over a period of time. • The first step usually relaxes or eliminates restrictions on absentee balloting. • All voters are told they can request a mail ballot weeks before election day or they can go to city hall to pick one up. • They complete the ballot and return it by an announced deadline. • In these states voting booths are also open on election day for traditional balloting. • As more and more voters opt for mail ballots the use for voting booths become less cost effective and state legislatures are lobbied to go to an all mail ballot process.

20. HOW DOES IT WORK IN A STATE WITH FULL MAIL BALLOTING? • Every registered voter in the election jurisdiction receives a ballot 4-6 weeks prior to election day. • Voters complete their ballot and return them in postage paid envelopes using the procedures set up by each state. • The ballots are under the control of the Postal Service and are turned over to election officials as required by rules adopted by the state legislature.

21. Employee Free Choice Act

22. Employee Free Choice Act

23. EFCA Vote by Party

24. Basic features of EFCA

25. Employee’s/Union Choices

26. Current Law • Under current law, workers can try to avoid unfair elections by asking the employer to recognize their union based on a signed worker authorization – a card check; but employers often refuse to accept a card-check procedure. The bill preserves the rights of union members by requiring employers to bargain with a union authorized by a majority of workers through the card-check procedure.

27. First Contracts • Under the bill, if no agreement on a first contract has been reached after 90 days of bargaining, then either the employees or employers may request mediation by FMCS. If there is no agreement after 30 days of mediation, the dispute will go to arbitration to produce a contract that binds the parties for 2 years.

28. Penalties • The bill requires the NLRB to seek a federal court injunction against an employer when there is reasonable cause to believe that the employer has fired or discriminated against employees during an organizing drive.

29. Guidelines for Visits to The Hill

30. Your Visit To The Hill • Security • Delays possible • Be On Time • Select a spokesperson • Limit discussion to 1 or 2 topics • Meetings – staff is good! Develop relationship with staff who handles postal issues.

31. What Next? • Complete & return meeting report form. • Write letter thanking member/staff for meeting • Follow up at a later time. • Don’t let long periods pass between contacts. • Join the APWU e-Team, and encourage all of members of your Local to join.