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Step 4 Issues and Disputes

Dispute Filed Over Postal Service Data Security Breaches/Missing Laptops

(03/06/08) The APWU has filed a national-level dispute over the Postal Service's data security breaches involving missing or stolen laptop computers containing personal and confidential information of APWU bargaining unit employees. It is the union's position that the Postal Service has failed to take the necessary corrective action to eliminate these data security breaches by ensuring that sensitive employee information is not stored on portable computing devices. It is also the APWU's position that when a data breach occurs, the Postal Service should provide impacted employees with identity theft insurance.

Dispute Filed Over Automatic Recertification Requirement for FMLA-Covered Condition

(02/25/08) The APWU has filed a national-level dispute over the Postal Service's practice of requiring employees to automatically provide new medical certification (recertification) for a serious health condition with the first absence in a new leave year, simply because the old leave year has ended and a new leave year has begun. It is the APWU's position that once an employee has provided the Postal Service with an FMLA medical certification, it is improper for the Postal Service to automatically require recertification simply because a new leave year has begun.

Dispute Over Priority Scheduling for Overtime
Is Appealed to Arbitration

(02/21/08) The APWU has appealed to arbitration a dispute over whether it is a violation of Article 8, Section 5.H, of the National Agreement when the Postal Service does not schedule full-time employees on the Overtime Desired List (OTDL) for overtime work prior to scheduling casual employees for overtime work and, if so, what is the appropriate remedy. 

Dispute Over Limitations on Casual Employee Assignments is Appealed to Arbitration

(02/21/08) The APWU has appealed to arbitration a dispute involving the provisions of Article 7, Section 1.B.3 of the National Agreement that prohibit casual employees from performing assignments requiring training and testing. The issue concerns whether the restriction is limited to positions contained in Article 37.3.F.5 and 37.3.F.7 of the National Agreement.  The APWU's position is that the language in Article 7.1.B.3 that references Article 37.3.F.5 and 37.3.F.7 is illustrative in nature and not intended to limit the scope of the prohibition against casuals working jobs that require training and testing. 

Dispute Filed Over Sunday Premium
For Administrative Leave

(02/21/08) The union has initiated a national dispute over whether an employee who is on administrative leave is entitled to Sunday Premium pay for hours he/she would have otherwise worked on Sunday.  The APWU's position is that an employee on administrative leave is entitled to be paid for all hours he/she would otherwise have worked during a scheduled tour that includes any part of Sunday.

Dispute Initiated Over New Electronic Form
For Reporting Accidents

(02/21/08) The Postal Service's improper creation, handling and utilization of a new electronic PS Form 1769 for reporting accidents is the subject of a recently initiated national dispute.  The new electronic form, which is completed by postal supervisors, includes confidential and restricted information such as the employee's social security number and medical diagnosis.  The APWU's position is that the recording of an employee's social security number and diagnosis are not necessary for the purpose of reporting an accident, and therefore should be removed from the form.  The APWU has also filed an unfair labor practice charge over the Postal Service's failure to provide the union with requested information regarding this form.

Dispute Over PMRs with Dual Appointments as Casuals Working in Skilled Positions

(02/21/08) A national-level grievance has been filed concerning the use of non-bargaining unit employees (PMRs) with a dual appointment as a casual being utilized in assignments requiring training and testing in violation of Article 7.1.B.3 of the National Agreement.  The APWU's position is that the Article 7.1.B.3 restrictions on casuals performing assignments requiring training and testing apply to all casuals, regardless of the installation size as well as to any non-bargaining unit employees with a dual appointment as a casual. 

Dispute Over Subcontracting AMC Work

(06/08/07) The APWU recently initiated a Step 4 dispute over the Postal Service’s proposal to subcontract bargaining unit work (tender and receipt of mail) at 14 Air Mail Centers/Facilities. The union’s dispute asserts in part that the Postal Service failed to meet and afford the APWU the opportunity to provide our views on costs and other factors, as well as to submit proposals to avoid subcontracting and to minimize the impact of any subcontracting, during the development of the initial Comparative Analysis Report.

Dispute Over Reporting Rules for Sex Offenders

(06/08/07) The APWU has appealed to arbitration a revision to ELM Section 665 which requires employees on a public registry of sex offenders to report their status to management. The union’s appeal asserts that the proposed language fails the fair, reasonable and equitable test of Article 19, and that the real purpose of the self-reporting requirement is to serve as a means to discipline or remove employees for failing to report their status - even though the off-duty conduct may not itself warrant discipline or removal.

Dispute Over Limitations on Casual Employee Assignments

(03/02/07) This dispute concerns the proper interpretation of the MOU on Supplemental Workforce; Conversion of Clerk Craft PTFs from the 2006 National Agreement as it relates to the limitations on casual employee assignments. The APWU's position is that the bracketed phrase in paragraph 13 of the MOU which states "[reference Article 37.3.F.5 positions and Article 37.3.F.7]" is illustrative only and does not limit the scope of the prohibition against casuals working jobs that require training and testing.

Dispute Over Unilateral Elimination of Local Individual Retirement Counseling

(03/02/07) This dispute concerns revisions to Employee and Labor Relations Manual (ELM) Sections 569.1 and 589.1, Retirement Counseling. The APWU's position is that the elimination of previously established individual retirement counseling at the local level violates past practice, the collective bargaining agreement, and the intent of the parties' Step 4 settlement in case Q00C-4Q-C06054413.

Dispute Over Deficiencies in the Casual Compliance Report

(03/01/07) This dispute concerns deficiencies in the Casual Compliance Report provided to the APWU for purposes of monitoring compliance with contractual limitations on the hiring of casuals. The APWU's position is that the restrictions in the 2006 National Agreement refer specifically to the number of casuals in the Clerk Craft in an installation and the number of casuals and employees per District. The APWU is requesting that the Postal Service provide a report that reflects the numbers needed to monitor compliance with the new restrictions.

Dispute Over Reassignments of Partially Recovered Employees

(02/01/07) This dispute concerns the reassignment of employees partially recovered from a compensable job-related illness or injury and whether managements efforts to find medically suitable work are limited to the local commuting area. The APWU's position is that the reassignment of an injured Postal Service employee who partially recovers more than one year from the date eligibility for compensation beings should not be limited to the local commuting area, and that such reassignment should be made available agency wide.

Dispute Over Information Security Handbook

(10/25/06) The APWU initiated a national dispute over the Postal Service's announcement of revisions to the AS-805 handbook governing Information Security. The revised handbook restricts employees from bringing personal information resources (e.g. laptops, notebooks, PDAs, handheld computers and USB port devices such as flash memory sticks) into postal facilities. The union is concerned that the new restrictions may adversely impact the union's ability to perform its duties.

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