|
[Home]
[Officers and
Stewards] [Local
Constitution] |
|
|
Hours
Cut? File for state unemployment compensation By Leo F. Persails If you are a Part-Time Flexible member of the APWU and your hours are cut, you should file for state unemployment compensation. If you are a part time of full time member and management denies you the opportunity to work for any reason, you should file for state unemployment compensation. Even transitional employees (TE’s) that belong to the APWU may be eligible for state unemployment under certain conditions. Several states pay unemployment compensation for a variety of reasons. Our members may qualify when their hours are cut if the cut is sufficient. State laws vary and may not be the same in every state, but the law usually applies if the reductions is ½ of the last 12 months weekly average. The only way to be sure is to apply and find out. The PTF simply has to claim to the state that they are ready, willing, and able to work, and the Post office will not provide their average hours. While laws may vary in the area of qualifying, they don’t vary in who provides the benefits. The USPS is a Federal agency and therefore cannot be required to pay state tax, including state unemployment tax. The fact they are not required to pay tax doesn’t change their requirement to honor state laws. If the state unemployment office determines that a Federal employee is eligible under the law, the employee may receive up to 2/3’s of their lost pay each week they are declared eligible. The good part of this issue is when the state decides an employee is qualified and pays them; the USPS must reimburse the state the full amount. Management may challenge the payment but the APWU may choose to provide representation at the hearing. If the employee wins, the USPS pays. The process is not contractual; it is state law. APWU representation is optional, so non-members can’t require representation. The hearings are informal and similar to arbitration, so a lot of APWU leaders are qualified if they choose to do so. I would suggest the officer require the signing of a disclaimer to protect themselves and the union. There are a lot of actions by Postal managers that may qualify members for state unemployment compensation. A reduction in hours is only one of them. A member may qualify if they are denied light duty. If they are, the member should apply and claim they are ready, willing and able to work with some restrictions. Based on their restrictions and claims of available work, they may qualify. If they do qualify and the USPS has to pay them to sit home, management has a tendency to find work they couldn’t before. It actually creates a situation similar to limited duty. Removals can also justify state unemployment compensation if the state determines there was no misconduct. An Irregular in attendance removal is one of the areas that fit this interpretation of the law, because several states determined being sick is not misconduct. The law applies even if Postal rules of irregular in attendance are determined to override the proper use of sick leave. There are other areas where state unemployment compensation may be awarded. Whenever a member is in doubt they should be told to apply and find out. The attempt should always be made when management denies work for any reason. The right to draw benefits totally denies management’s abuse of immediate power, and is one way to balance the scale of justice for the membership.
For problems or questions regarding this web contact Alan S. McCoy, Webmaster |
