The LEAGUE Headquarters, state officials and your legal have received many inquiries about the reduction in grade being implemented for some Postmasters to reflect their change in status from exempt to non-exempt under the Fair Labor Standards Act (FLSA). Here are answers to possible questions: What happens to my pay under FLSA? Nothing except you are now eligible for overtime for hours worked in excess of 40 in a work week. Note: you do not receive OT for more than eight hours in a given day unless that puts you over 40 in the week. Will my grade be reduced and can I appeal to MSPB? Will I win such an appeal? Any reduction in grade or pay can be appealed to MSPB. Thus, although there is not reduction in pay proposed, the reduction in grade gives you appeal rights to MSPB. You will not likely prevail in any such appeal. That is because the action is taken to promote the efficiency of the service (non-disciplinary) and is required to comply with FLSA. The MSPB rights are conferred by law and USPS must give you those procedural rights but they only have to show that it's a non-disciplinary reduction to comply with the law (FLSA). Am I better off being non-exempt? Virtually all affected Postmasters will be better off. There's no reduction in pay and there's overtime for all the extra hours most of you have been working. The 1 grade reduction is not all that significant. You retirement is based on pay not grade. You can still be promoted to higher level positions. What about the fact that I've been incorrectly placed in exempt status when I should have been non-exempt (eligible for 40 + hours OT)? Do I have a claim for OT I've worked in the past? Obviously, each case is different. You would have to file a FLSA claim for hours worked in excess of 40 per week during the time you were wrongly classified as exempt. Unfortunately, because you weren't on a time clock, you would have to reconstruct your hours worked during the period of your claim. USPS is aware there is a potential liability for FLSA claims from formerly exempt Postmasters. Will a class action case be filed for all affected Postmasters? The LEAGUE will continue to review all options, but traditional class action litigation may not be available. Each claim may have to be pursued by the affected Postmaster. (FLSA claims are not adverse actions nor do you have any union rights, thus no right to file a back pay grievance as would a craft employee) What should I do if I have further questions? If it's regarding an adverse action response, contact your lead Adverse Action Counselor who will help you to get an AAC representative. If you have legal questions, consult Security Legal Services. If you have other questions regarding LEAGUE Headquarters policy positions and consultation activities with USPS, consult the LEAGUE website, call LEAGUE Headquarters, the National Officer for your area or your state president. The LEAGUE website has all the contact information for the above individuals. Remember, in terms of pay and benefit, this is an improvement for most affected Postmasters. You will eligible for the OT pay you have been working, your retirement, promotions, benefits, etc., are unaffected and you may have a back pay OT claim for prior USPS FLSA violations. Best of all you remain a Postmaster.
Dear Leaguers,
As you know, I have repeatedly suggested to the Postal Service that if they really want people to leave the Postal Service they need to offer a monetary incentive to go. Five minutes ago, I got word from Postal HQ that it will be offering a $15 thousand incentive to any clerk or mail handler who is either eligible for a VER, a normal retirement, or anyone who wants to resign from the Postal Service. This will be paid out in two installments; the first of $10 K in FY 2010 (October) and the second in FY 2011 (October). This is for clerks and mail handlers only because these are people that the PS does not plan to replace.
I have asked for this for Postmasters and supervisors but have been told that loss of a Postmaster or supervisor would require a replacement. As always, I will keep you up to date on changes.
Respectfully,
Charley Mapa
MANAGERS, HUMAN RESOURCES (AREA) SUBJECT: Pay-for-Performance Mid-Year Review and Interim Rating Process The FY 2009 PEP Mid-Year review process will open in the Performance Evaluation System (PES) on Monday, March 31. At that time, employees may begin to submit accomplishments toward the objectives for their position (permanent or detail) held on March 28, 2009. Evaluators' review of submitted accomplishments and Mid-Year discussions with all of their employees must be completed and documented in PES by Monday, May 12. As a reminder, evaluators are required to conduct one-on-one Mid-Year discussions with all of their employees. Prior to beginning the Mid-Year process, employees must ~ Review their individual profiles and assure that the profile is up to date and accurate ~ Pay special attention to the Finance Number, Unit, and Position Type on their profile ~ Add/Review any detail assignments ~ Complete any required actions in PES Please stress to employees and evaluators the importance of paying close attention to the information contained in their profiles. Profile information is used to map the employee's record to the NPA Unit at the end of the fiscal year. We are aware that a few employees have been disappointed by the NPA Composite Summary that was calculated into their end of year rating because they did not pay close attention when taking profile actions that impacted their NPA unit. However, we have consistently held that it is the employee's responsibility to ensure that the information in his/her profile is correct at all times. I also want to share an enhancement in PES that changes the display of interim ratings. Employees who are eligible for an interim rating no longer need to wait until their end of year rating is displayed in PES to see the interim rating. This year employees will be able to view an interim rating as soon as it is finalized. The new 1-15 rating scale implemented this year for all performance pay programs will be used for any applicable interim ratings. If employees or evaluators have any questions, they should be directed to their PFP coordinator. A listing of PEP Coordinatorscan be found on the PFP website at http://blue.usps.qov/hrisp/ser/pfp/,elcome,htm, The PFP web site will be updated shortly to include guidance about the mid-year process. If you have questions regarding PFP, please contact Robin McLarney, Manager, Performance Evaluation Programs, at (202) 268-3951.
Mangala P. Gandhi Manager Selection, Evaluation, and Recognition |