The action was a sharp reversal for the federation’s leadership, which had excluded NALC from the Executive Committee at its turbulent Chicago convention during which several large unions disaffiliated and subsequently created a new, separate labor organization. The treatment of NALC also led to an angry reaction at the National Conference and Rap Session in Hollywood, Florida and a decision by NALC to reexamine the union’s relationship with the AFL-CIO before next year’s Las Vegas convention.

President Young issued the followin comment after the Council action:

“In making the announcement, President Sweeney indicated to the Executive Council that he intended the NALC's seat to be permanent and that he believed that all unions with over 200,000 members should have permanent seats on the Executive Committee. I intend to support an amendment to the AFL-CIO Constitution at the next convention to make that change permanent.”

Young said he will work with other members of the Executive Committee to return the AFL-CIO to its preeminent position as the “House of Labor.” He also pledged to continue working with those unions that left the AFL-CIO so that organized labor as a whole does not experience a diminution of its influence in Congress or on the national political scene.

Pointing to this year’s winners, Young said they were “outstanding examples of a rare breed of public servant. When we honor them, we also are honoring every letter carrier who generously delivers that ‘extra service’ to the American public every day.”

Maine Merged Br. 92 carrier David Heald received the National Hero of the Year Award for using his Navy life-saving skills to prevent an injured motorcyclist from bleeding to death after a gruesome accident. The National Humanitarian of the Year award was presented to Juan Cordero of Central California Branch 231, who refurbishes bicycles and then presents them to children from low-income neighborhoods on his route.

Joining Young in honoring the award winners were Postmaster General John E. Potter, Senate Governmental Affairs and Homeland Security Chair Susan Collins (R-ME), Rep. Betty McCollum (D-MN) and AFL-CIO President John Sweeney.

Minneapolis Branch 9 and St. Paul, Minnesota Branch 28 were jointly selected for the Branch Service Award for various community activities including setting up a booth at the Minnesota State Fair for people to send greetings to American troops overseas.

Others honored were: Willie Hayward of South Florida Br. 1071, Eastern Region Hero for rescuing an elderly couple from their burning apartment; Thomas Ortosky of Cleveland Br. 40. Central Region Hero for saving two young girls from a vicious pack of dogs; Richard Bergonzi of Oklahoma City Br. 458, Western Region Hero for rescuing a 8-year-old and others from a burning home; Paula Peiper of Harrisburg, PA Br. 500, Special Carrier Alert Rescue Award for getting help to a stricken 88-year-old customer who had not picked up his mail for several days. (See the November Postal Record for complete coverage.)

IN MEMORIAM:
Richard P. O’Connell

The NALC regrets to inform the membership of the death of retired NALC Secretary-Treasurer Richard P. O’Connell who passed away October 6 at his home in Stirling, New Jersey. He was 82.

O’Connell, known to his many friends and colleagues as “Richie”, served for 14 years as National Secretary-Treasurer from January 1981 until December, 1994. He remained active in the union after his retirement, serving as official timekeeper at the 2004 Honolulu Convention.

NALC President William H. Young led the union in mourning O’Connell’s passing: “Richie O’Connell was a giant of a man, both in his stature and his compassion for his brothers and sisters in the NALC. He never stopped being a letter carrier, a job he admired and appreciated. His contributions to this union and his fellow letter carriers that spanned over 47 years will be a lasting tribute.”

Prior to coming to NALC Headquarters, O’Connell was president of Branch 336 in Bloomfield, New Jersey (later merged with New Jersey Merged Branch 38) from 1962-80; president of the New Jersey State Association, 1970-1980, and a member of the NALC Board of Trustees, 1972-78.

He is survived by his wife, Eleanor Doris O’Connell, seven sons and daughters, and numerous other family members.

Viewing will be Sunday, October 9 from 3 p.m. to 9 p.m. at Higgins Funeral Home, 752 Mountain Blvd, Watchung, NJ, with a funeral mass Monday, Oct. 10 at 10 a.m. at St. Vincent De Paul Church, Bebout Ave., Stirling.

The United States Merit Systems Protection Board has reaffirmed its landmark decision in Hatch v. OPM that an injured full-time postal employee who returns to limited duty, but cannot work 40 hours per week, is still entitled to have his or her retirement annuity calculated as if he or she had been in full-time status.

President Young praised the latest MSPB ruling in a case brought by retired letter carrier David Hatch of Lynn, Massachusetts Branch 7 who challenged an action by the Office of Personnel Management (OPM). Young said it should set a precedent for similarly situated retirees.

“For the second time, the MSPB has correctly determined that an employee’s reduced work schedule due to a job-related injury should not result in a reduced retirement annuity,” Young said. “OPM should now implement this policy immediately and provide affected retirees with their proper annuities.”

Hatch was injured on the job in October 1990 and was carried on the Postal Service rolls in a leave without pay status for over two years. When he returned to work in limited duty status, he was never able to work more than 20 hours in a week.

After Hatch retired in September 2002, he discovered that OPM had calculated his annuity as if he had been a part-time employee, giving him credit only for his actual hours of work, rather than the 40 hour schedule to which he was entitled as a full-time employee. Hatch protested OPM’s action and appealed to the MSPB.

In a November 2004 decision (NALC Bulletin 04-25), the Board totally rejected OPM’s position, saying: “The fact that the appellant never recovered sufficiently to work full 8-hour days, despite expectations that he would do so, does not establish that he was a part-time employee, for retirement purposes, from 1993 until his retirement.”

Accordingly, the MSPB ordered OPM to recompute Hatch’s annuity, crediting as full-time service his employment from October 1993 until his retirement.

Shortly after the original Hatch decision was issued, however, OPM petitioned the Board to reconsider its ruling. The agency argued that any employee who works less than 40 hours per week must have his retirement annuity reduced as if he were a part-time employee. According to OPM, it did not matter that the employee was carried on the Postal Service rolls as full-time, or that the reduced hours were the result of an on-the-job injury.

In its latest ruling, issued September 28, the MSPB rejected OPM’s argument.

The Board reaffirmed its “previous determination that the appellant’s service should be viewed as full-time service for purposes of retirement credit where, as here, appellant was assigned to a full-time position, but was given leave for 4 hours a day because of his continuing medical inability to work full days.”

At this time, it is not known whether the Hatch decision will be subject to further appeal.

Federal Court Dismisses Noble Suit

An 11-year-old law suit against NALC President William H. Young, President Emeritus Vincent R. Sombrotto, and 10 other former NALC officers has finally been dismissed by the U.S. District Court in Washington, D.C.

The suit, filed in February,1994 by letter carrier David Noble, alleged that the officers breached their fiduciary duties under federal law by accepting in-town expenses, convention per diem payments, and FICA reimbursements. NALC was subsequently added as a separate defendant.

Following extensive pretrial proceedings, the case was heard in a non-jury trial by Judge Emmet Sullivan in April 2004. President Young, President Emeritus Sombrotto, Secretary-Treasurer Jane E. Broendel, and other witnesses testified for the defendants.

In a decision handed down September 30, Judge Sullivan found in favor of the officers and the Union on all issues. His ruling establishes that the contested elements of compensation accepted by the officers were authorized by the NALC Constitution and are reasonable as a matter of law.

The issues raised in the law suit were previously the subject of internal union charges filed by Noble in 1993. The charges were heard by a Special Meeting of the NALC Convention in October, 1993 which voted overwhelmingly to reject the charges.