Legislative & Legislative & Retiree Retiree

DepartmentsDepartmentsNational President’s National President’s

ConferenceConferenceBaltimore, MDBaltimore, MDApril 16, 2007April 16, 2007

Do Not Mail – State Status

Arkansas – H 2725 Colorado – H 1303

Connecticut – H 6881 Connecticut – S 1004

Hawaii – S 908 Maryland – S 548

Michigan – H 4199 Missouri – H 542

Montana – H 718 New Jersey – A 4119

New York – A 2520 New York – S 1403

Rhode Island – H 6190

Texas – H 901

Vermont – H 409 Washington – H 1205

Washington – S 5719

FMLA

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

SERIOUS HEALTH SERIOUS HEALTH CONDITIONCONDITION

Definition of a “serious health condition”Definition of a “serious health condition” Congress intentionally refused to place a Congress intentionally refused to place a

laundry list of conditions in the statute laundry list of conditions in the statute because of their fear that employers would because of their fear that employers would recognize ONLY those conditions.recognize ONLY those conditions.

Instead the statute set up a series of criterion Instead the statute set up a series of criterion to define what constitutes a “serious health to define what constitutes a “serious health condition”condition”

Employers are constantly urging congress to Employers are constantly urging congress to narrow the scope of that term to only a narrow the scope of that term to only a specific list of life threatening conditions.specific list of life threatening conditions.

INTERMITTENT LEAVEINTERMITTENT LEAVE

Employers believe FMLA protection Employers believe FMLA protection should only apply to the initial onset should only apply to the initial onset of a “serious health condition”of a “serious health condition”

They want to limit the worker’s They want to limit the worker’s ability to apply FMLA protection to ability to apply FMLA protection to intermittent absences that may intermittent absences that may occur relating to the condition by occur relating to the condition by setting a 4 hour minimum for setting a 4 hour minimum for subsequent absences.subsequent absences.

RAGSDALE IMPACTRAGSDALE IMPACT When the initial regulatory guidelines were When the initial regulatory guidelines were

issued employers were penalized for untimely issued employers were penalized for untimely notice to workers once they learned of an notice to workers once they learned of an FMLA condition. That penalty prohibited FMLA condition. That penalty prohibited absences to be charges against the 12 week if absences to be charges against the 12 week if the workers did not receive the required the workers did not receive the required notification regarding their rights under the notification regarding their rights under the Law.Law.

The Supreme Court rescinded that penalty The Supreme Court rescinded that penalty and now employers delay notifications to and now employers delay notifications to workers with impunity.workers with impunity.

We believe new penalties must be established.We believe new penalties must be established.

MEDICAL PRIVACYMEDICAL PRIVACY One of the basic protections provided in the One of the basic protections provided in the

Law was that employers cannot contact a Law was that employers cannot contact a worker’s physician without their knowledge worker’s physician without their knowledge and consent.and consent.

The DOL in recent years allowed exceptions The DOL in recent years allowed exceptions when an employer is seeking clarification.when an employer is seeking clarification.

That exception has been abused and misused That exception has been abused and misused particularly by USPS FMLA coordinators.particularly by USPS FMLA coordinators.

The original intent to protect the medical The original intent to protect the medical privacy of workers must be tightened up and privacy of workers must be tightened up and the DOL must be stopped from eroding this the DOL must be stopped from eroding this protection.protection.

ADEQUACY OF MEDICAL ADEQUACY OF MEDICAL CERTIFICATIONSCERTIFICATIONS

The statute currently contains specific The statute currently contains specific guidelines on what information must be guidelines on what information must be provided on a medical certificate.provided on a medical certificate.

Employers must be stopped from Employers must be stopped from continually asking for more information continually asking for more information than they are legally entitled to.than they are legally entitled to.

The DOL has not been helpful in The DOL has not been helpful in enforcing the rules and that must be enforcing the rules and that must be addressedaddressed

SOME GOOD NEWSSOME GOOD NEWS

Representative Carolyn Maloney (D-Representative Carolyn Maloney (D-NY) has introduced a bill to expand NY) has introduced a bill to expand FMLA coverage.FMLA coverage.

Reduces the 50 worker limit to 25Reduces the 50 worker limit to 25 Provides parental leave to tend to Provides parental leave to tend to

educational needs of their childreneducational needs of their children Covers absences relating to Covers absences relating to

domestic violencedomestic violence

Vote by Mail

VOTE BY MAIL VOTE BY MAIL INITIATIVEINITIATIVE

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

VOTING BY MAILVOTING BY MAIL Nearly every state currently has some Nearly every state currently has some

form of mail balloting. Most deal with form of mail balloting. Most deal with absentee balloting procedures.absentee balloting procedures.

The restrictions on absentee balloting The restrictions on absentee balloting varies from state to state so bills to varies from state to state so bills to standardize this type of voting are standardize this type of voting are working their way through the legislature.working their way through the legislature.

S 979 is a bill introduced by S 979 is a bill introduced by Senator Wyden (D-OR)Senator Wyden (D-OR) H.R. 281 and H.R. 166 are bills H.R. 281 and H.R. 166 are bills

introduced by Rep. Susan Davis (D-CA)introduced by Rep. Susan Davis (D-CA)

COLORADOCOLORADO

This is a state that has legislation This is a state that has legislation pending to modify absentee voting pending to modify absentee voting rulesrules

Would allow voters to permanently Would allow voters to permanently register as a mail-in voterregister as a mail-in voter

A voter cannot be removed from the A voter cannot be removed from the mail-in list unless they fail to vote in mail-in list unless they fail to vote in two successive General Electionstwo successive General Elections

Mail in voters would receive written Mail in voters would receive written instructions and notifications.instructions and notifications.

OTHER STATESOTHER STATES

OREGON ..Most successful with over OREGON ..Most successful with over 80% voter participation. All voters vote 80% voter participation. All voters vote by mail. by mail.

WASHINGTON 34 0f 39 counties held all-WASHINGTON 34 0f 39 counties held all-mail elections in 2006mail elections in 2006

CALIFORNIA went to permanent CALIFORNIA went to permanent absentee registration and in 2006 over absentee registration and in 2006 over 40% of voters voted by mail.40% of voters voted by mail.

MINNESOTA considering legislative MINNESOTA considering legislative initiatives.initiatives.

PURPOSEPURPOSE All of the bills are similar in that they All of the bills are similar in that they

suggest states offer voters expanded suggest states offer voters expanded opportunities to vote by mail.opportunities to vote by mail.

The bills offer states grants to help The bills offer states grants to help offset the cost of converting to a mail offset the cost of converting to a mail ballot process.ballot process.

Voting by Mail increases voter Voting by Mail increases voter participationparticipation

Ballots are handled by the Postal Ballots are handled by the Postal ServiceService

OTHER ADVANTAGESOTHER ADVANTAGES The use of a mail ballot process opens up a much The use of a mail ballot process opens up a much

greater window within which voters can cast their greater window within which voters can cast their ballots. In most instances 4 to 6 weeks is allowed ballots. In most instances 4 to 6 weeks is allowed versus the current one day of ballot voting.versus the current one day of ballot voting.

Each ballot cast has a paper trail which allows for Each ballot cast has a paper trail which allows for more accurate counting and recounts when more accurate counting and recounts when necessary.necessary.

The opportunity for voter fraud is reduced The opportunity for voter fraud is reduced dramatically.dramatically.

It restores public confidence in election It restores public confidence in election procedures.procedures.

THE TRANSITIONTHE TRANSITION Some states transition from voting booth Some states transition from voting booth

elections to mail ballot elections over a period of elections to mail ballot elections over a period of time.time.

The first step usually relaxes or eliminates The first step usually relaxes or eliminates restrictions on absentee balloting.restrictions on absentee balloting.

All voters are told they can request a mail ballot All voters are told they can request a mail ballot weeks before election day or they can go to city weeks before election day or they can go to city hall to pick one up.hall to pick one up.

They complete the ballot and return it by an They complete the ballot and return it by an announced deadline.announced deadline.

In these states voting booths are also open on In these states voting booths are also open on election day for traditional balloting.election day for traditional balloting.

As more and more voters opt for mail ballots the As more and more voters opt for mail ballots the use for voting booths become less cost effective use for voting booths become less cost effective and state legislatures are lobbied to go to an all and state legislatures are lobbied to go to an all mail ballot process.mail ballot process.

HOW DOES IT WORK IN A HOW DOES IT WORK IN A STATE WITH FULL MAIL STATE WITH FULL MAIL

BALLOTING?BALLOTING? Every registered voter in the election Every registered voter in the election

jurisdiction receives a ballot 4-6 weeks jurisdiction receives a ballot 4-6 weeks prior to election day.prior to election day.

Voters complete their ballot and return Voters complete their ballot and return them in postage paid envelopes using the them in postage paid envelopes using the procedures set up by each state.procedures set up by each state.

The ballots are under the control of the The ballots are under the control of the Postal Service and are turned over to Postal Service and are turned over to election officials as required by rules election officials as required by rules adopted by the state legislature.adopted by the state legislature.

Employee Free Choice Act

Employee Free Choice Employee Free Choice ActAct

EFCA Vote by PartyEFCA Vote by Party

Basic features of EFCABasic features of EFCA

Employee’s/Union Employee’s/Union ChoicesChoices

Current LawCurrent Law

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

First ContractsFirst Contracts

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

PenaltiesPenalties

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

Guidelines for Visits to The Hill

Your Visit To The HillYour Visit To The Hill

SecuritySecurity Delays possibleDelays possible

Be On TimeBe On Time Select a spokespersonSelect a spokesperson Limit discussion to 1 or 2 topicsLimit discussion to 1 or 2 topics Meetings – staff is good! Develop Meetings – staff is good! Develop

relationship with staff who handles relationship with staff who handles postal issues.postal issues.

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.