This area will be used to dissiminate legislative news and issues. Our Legislative Director, Linda H. Butler, will maintain this area. Please direct any ideals, suggestions and or comments you have to Linda. lhb1222@yahoo.com. or you may call Linda at home at 704-598-3988 or her cell 704-965-5658. Thank You

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House Passes FERS Sick-Leave Bill

APWU Web News Article #74-08, Aug. 1, 2008

The House of Representatives passed a bill July 30 that would grant postal workers and other federal employees covered by FERS (Federal Employees Retirement System) credit for unused sick leave when calculating their retirement annuities. Employees covered by CSRS (Civil Service Retirement System) already receive credit for unused sick leave.

The measure, introduced by House Government Reform Committee Chairman Henry Waxman (D-CA), was included in a larger bill, the Family Smoking Prevention and Tobacco Control Act (H.R. 1108 - PDF), which Waxman also authored. The bill is similar to a bill (H.R. 5573), which was introduced earlier this year by Rep. James Moran (D-VA).

Under the provision (Title IV, Sec. 407), federal employees who retire within three years from the date of enactment would receive credit for 75 percent of unused sick leave; employees who retire more than three years after enactment of the legislation would get full credit, similar to CSRS employees. Federal employees hired after 1983 are covered by FERS; most of those hired in 1983 and before are covered by CSRS.

“This is an important bill, which we enthusiastically support,” said APWU President William Burrus. “It will finally give FERS-covered employees a benefit they have earned.”

The bill, which President Bush has threatened to veto, passed 326-102, giving it a veto-proof margin in the House. To see how your legislator voted, click here.

The tobacco bill now moves to the Senate, where it may be considered in September, after Congress returns from its summer recess. However, the Senate bill (S. 625) does not include the FERS sick-leave provisions. The fate of the FERS language may ultimately be decided in a House-Senate conference committee, if the Senate passes S. 625.

Title IV of H.R. 1108 also includes provisions of the Thrift Savings Plan Enhancement Act (H.R. 6500), which would automatically enroll new employees in the Thrift Savings Plan; allow the TSP Board to designate a fund other than the G Fund as the default investment fund; establish a Roth IRA option, and give the TSP Board authority to add additional, self-directed investment options.

The FERS and TSP language are linked for budgetary purposes. The Congressional Budget Office estimates that H.R. 6500 would increase federal revenue by approximately $1.3 billion over the next 10 years, and this money could be used to offset the increased costs associated with FERS sick leave.

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Supreme Court Ruling:
Postal Workers Protected from
Retaliation for Age-Discrimination Complaints

May 28, 2008

The U.S. Supreme Court ruled May 27 that the law that prohibits age discrimination protects federal and postal employees from retaliation when they file age-discrimination complaints. The ruling is noteworthy because the statute in question specifically prohibits reprisals against private-sector employees but does not include a ban on retaliation against public-sector workers.

In a pair of decisions, the nation’s highest court relied on precedent to conclude that federal anti-discrimination laws also pro tect workers from retaliation for filing complaints, even if the laws are silent on the issue.

In a 6-3 ruling, the court granted Myrna Gomez-Perez, a postal worker from Puerto Rico, the right to pursue her lawsuit against the USPS under the Age Discrimination in Employment Act. Gomez-Perez, who was 45 at the time, alleged she was the victim of age discrimination when she was denied a transfer in November 2002. Following her complaint, the lawsuit asserts, she suffered a “series of reprisals” from her supervisors.

“This is an important victory for postal and federal employees,” APWU President William Burrus said. “The ruling makes clear that postal workers enjoy the same protection against retaliation as employees in the private sector.”

Associate Justice Samuel Alito wrote the decision for the majority: “The key question in this case is whether the statutory phrase ‘discrimination based on age’ includes retaliation based on the filing of an age discrimination complaint,” he said. “We hold that it does.” Dissenting from the majority were Chief Justice John Roberts Jr., Antonin Scalia, and Clarence Thomas.

The decision overturned a ruling by the federal appeals court, which dismissed Gomez-Perez’s suit, concluding that the age-discrimination provision that applies to federal workers does not include retaliation claims.

In another decision, the court voted 7-2 that an 1866 civil rights law gave Hedrick G. Humphries, an African-American worker who was fired from a Cracker Barrel restaurant, the right to pursue a claim of retaliation, even though the reprisals are not addressed in the Reconstruction-era law. Once again, Scalia and Thomas dissented
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ARE YOU REGISTERED TO VOTE?

GENERAL ELECTIONS WILL BE HELD ON TUESDAY, NOVEMBER 4, 2008

You May Register to Vote at A One Stop Voting Site
North Carolina allows for residents to register and vote during the One Stop Absentee Voting time period.

You May Also Register to Vote at the following Agencies
Voter registration programs are actively conducted through many agencies in this State. If a person is applying for or receiving benefits from any of the participating agencies or programs, a voter registration transaction is available during the conduct of any business with that office. The following programs and agencies are currently participating in the agency voter registration program:

Work First
Women, Infants and Children (WIC)
Food Stamps
Medicaid
Services for the Blind
Mental Health, Developmental Disabilities and Substance Abuse Services
Vocational Rehabilitation
North Carolina Protection and Advocacy Agency
Employment Security Commission
DMV
The driver\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s license examination offices, located throughout the State, have conducted a successful voter registration program since 1984. A person may complete a voter registration transaction at any driver\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s license examination office when conducting official DMV business with that office (applying for or renewing a driver\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s license, I.D. card, etc.).

Mail
North Carolina has made available mail-in voter registration forms through the county boards of elections offices. Those offices, in turn, have distributed the mail-in voter registration forms to numerous visible locations throughout the counties. This form is self-explanatory and can be easily completed. The completed forms should be mailed directly to the appropriate county board of elections. Contact the County Board of Elections office to receive a form in the mail.

Other options - Libraries and public high school
North Carolina has mail-in voter registration forms available through public libraries and high schools. These locations do not accept the forms for the county board of elections office. Forms may be obtained at these locations, completed, and mailed to the appropriate county board of elections office.

Qualifications to register to vote in North Carolina
To register to vote in this State, a person must sign a voter declaration attesting that:

I am a U.S. citizen.

I will have been a resident of North Carolina and this county for 30 days before the election.

I will be at least 18 years old by the next general election.

I am not registered nor will I vote in any other county or state.

If I have been convicted of a felony, my rights of citizenship have been restored.

Deadlines to Register to vote in North Carolina
The deadline to register to vote in this State is 25 days before the day of the election. Forms that are received by the county board of elections office or postmarked by the deadline are accepted as valid applications for the upcoming election. Also, agency and DMV voter registration transactions that are completed by the deadline are accepted as valid for the upcoming election. Applicants will be notified by the county board of elections of their precinct and polling place assignments.