Pending Arbitrations

June 22, 2009

National Reassessment Process – This grievance was filed by the National Association of Letter Carriers. The APWU is intervening because our interests may be affected and because we have a similar grievance pending national arbitration. The issue involves the National Reassessment Process (NRP) and its unilateral implementation by the Postal Service. The issue is whether the implementation of the NRP violates Article 5, 13, 19 and 21.4 of the National Agreement. The NALC has identified three issues in dispute: (1) Unilateral redefining of management’s obligation to provide Limited Duty; (2) New criteria for assigning Limited Duty, and (3) Removal of employees from Light Duty Assignments. This case is scheduled to be heard on June 18, 2009 before Arbitrator Das. (USPS No. Q01N-4Q-C 07190177)

Two Tour Initiative – The issue in this case involves the Postal Service’s unilateral implementation of a nationwide two-tour initiative which is intended to eliminate or greatly reduce existing day shift Tour Two assignments, operations and/or staffing. It is the APWU’s position that the Postal Service has an obligation to notify the union, meet as needed, and jointly discuss new initiatives with the APWU during their development, inasmuch as those initiatives might impact employees or relate to employee working conditions. In addition, the Postal Service’s action violates the parties’ intent and provisions of, but not limited to, Article 7.1.B.4 and the related Memorandum of Understanding (MOU) Re: Supplemental Work Force, Conversion of Clerk Craft PTFs. This case is scheduled to be heard on July 9 and 10, 2009, before Arbitrator Das. (USPS No. Q06C-4Q-C 09051867)

Retirement Counseling – This grievance was filed by the National Association of Letter Carriers. The APWU is intervening because our interests may be affected and because we have a similar grievance pending national arbitration. The issue involves proposed revisions to Section 569.1 and 589.1 of the Employee and Labor Relations Manual (ELM) concerning retirement counseling. It is the unions’ position that the proposed changes are not fair, reasonable or equitable, and violate the collective bargaining agreement. The case is scheduled to be heard on September 15, 2009 before Arbitrator Das. (USPS No. Q01N-4Q-C 07150373)

Corporate Call Centers – This case involves the Postal Service’s decision to subcontract Corporate Call Centers. The APWU’s position is, but not limited to, that these are facilities and operations of the employer; creation of the Corporate Call Centers is the result of technological changes; non-bargaining contract employees working in these facilities should be counted as casuals; and the Postal Service failed to give “due consideration” as required by the collective bargaining agreement. This case is scheduled to be heard on October 20 and 21, 2009, before Arbitrator Das. (USPS No. Q94C-4Q-C 97006472)

Article 38 – Custodial Staffing (Post Das MS-47 Decision)

June 2, 2009

This is a summary of Regular Panel Arbitrator Jacquelyn F. Drucker’s decision in case K06T-4K-C-08132176 regarding the Postal Service’s failure to comply with the National Level Pre-Arbitration Settlement dated January 29, 2008, which called for developing the custodial staffing packages. The national settlement created the steps to be followed to implement the remedy under Arbitrator Das’ Award regarding the MS-47 handbook modification. In the Agreement, the Postal Service committed to complete, within 30 days, the custodial staffing packages which establish custodial staffing and scheduling of work" according to the principles stated in the 1983 MS-47. As to the local level, the Agreement noted that local unions were entitled to all information relied upon in developing the custodial staffing package(s) . .. including forms 4869, 4839, 4851, 4776 and 4852 as well as e-MARS reports." Further, the parties agreed that -Local Unions may challenge the completed custodial staffing package(s) but that the sole remedy for the period from December 31, 2001. through February 28, 2008, would be increased staffing, because a specific monetary remedy for that period was being provided through that Agreement. The parties added, however, that a remedy that "may be applicable outside this intervening period ... is suitable for a regional arbitrator's decision.

The arbitrator sustained the Union’s grievance by ordering management to post and fill two additional custodial duty assignments, bringing the complement to nine. Further, current custodial employees will share in payment at the straight time for all hours that would have been worked by the two additional custodians who should have been on the rolls for the period from May 1, 2008, until hiring of two custodial employees is effectuated.

In his award he also noted:

Under the January 2008 Agreement, Management had a duty to complete the packages including whatever internal approval processes applied in the 30-day period specified within the Agreement. Failure to complete the staffing package constitutes a breach of the Agreement, and the Union is entitled to grieve such breach. The Union correctly expected that the staffing package would be completed by February 28, 2008. The Postal Service argues that it was not required to have implemented it by that date, and this is rational and reasonable. "Completion" and implementation are different. The Union's argument in this case, however, relates to completion and not the steps associated with implementation, which raise separate issues. . . Management has cited no amendment to that Agreement or even any other award in which it was concluded that the 30-day period applied to something short of completion and that, as the Postal Service essentially argues here, Management had an unlimited time to get packages approved. In this failure to complete the staffing package, the Postal Service has breached the January 2008 Agreement, and this is what the Union challenges.

Union Wins $48 Million Settlement In MS-47 Handbook Grievance - http://www.apwu.org/dept/maint/mntarbitawards-national.htm

Gary Kloepfer
Assistant Director
Maintenance Division

(202) 842-4213
(202) 251-1495 Cell