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(This article was first published in the Jan/Feb 2006 issue of The American Postal Worker magazine.)

Decisions Pending on Major Arbitrations

Greg Bell, Director
Industrial Relations

As we prepare for this year’s contract negotiations, one of my top priorities continues to be making the grievance arbitration process more responsive to the needs of our members.

Grievances filed at the local level and subsequently appealed to regional arbitration directly impact the employees and/or postal installations where the grievances are filed. Grievances initiated at the national level, however, have nationwide impact and general application. On average, we schedule 18 cases a year in national-level arbitration.

The APWU continues to make dramatic improvement in the grievance backlog. Changes resulting from previous contract negotiations have resulted in a continuing reduction in the number of cases appealed to the national level. In addition, we continue to have success in identifying issues pending at the national level that will have the most direct impact on local unions and the membership and in getting those cases – if we are unable to resolve them – scheduled for arbitration.

Awaiting Decisions

The following are among important cases that were arbitrated in 2005 and for which we are awaiting national-level decisions:

Sunday Premium Pay – This case involves the implementation of an award by Arbitrator Shyam Das dated April 15, 2005. The decision sustained the union’s position regarding employees who are scheduled to work on Sundays due to temporary schedule changes for personal convenience. Arbitrator Das ruled that even if an employee scheduled by management to work on a Sunday was working on the Sunday pursuant to a request for a temporary schedule change for personal convenience, that employee is entitled to Sunday premium pay under Article 8.6 of the National Agreement.

The award has been delayed because the parties were unable to agree on the scope of the remedy; the case on the remedy had to be presented to the arbitrator. The Postal Service contends that to be eligible for the award, employees must have a pending timely-filed Step 1 grievance protesting the denial of Sunday premium pay due to a personal schedule change.

It is the APWU’s position that the proper application of the award requires that any affected employee be compensated retroactively from when the national-level dispute first arose, regardless of whether he or she had filed – or was the subject of – a local grievance. (Case #I90C-1I-C 910325156 and H7C- 4S-C 29885)

Attendance Control Discipline – The issue in this case is whether the Postal Service violates the National Agreement when an Attendance Control Coordinator (or ACC Supervisor), rather than the employee’s immediate supervisor, makes the decision to issue discipline to an employee (Case #Q98C-4Q-C 01059241).

Revisions to Handbook F-10, Section 213 – The issues in this case involve revisions to the F-10 Handbook that deny per diem to employees working under the 10-hour rule (when employees are in a travel status for more than 10 consecutive hours and less than 24 hours) and who are in a travel situation within 50 miles of their duty station when lodging is not required. (Case#Q90C-4Q-C 95036549)

Territorial COLA – The issue in this case is whether the Postal Service’s failure to pay a Territorial Cost-of-Living Adjustment (TCOLA) as part of the prospective recalculations of promotion pay is in violation of the June 13, 1990, Memorandum of Settlement agreed to by the Postal Service, APWU, and the National Association of Letter Carriers.

The Postal Service has included in its recalculation all types of special pay except the TCOLA, which is a supplement paid to employees working outside the continental United States. In an NALC case in which the APWU has intervened, we support the letter carrier position that the 1990 settlement requires that the Postal Service incorporate the TCOLA in its prospective pay recalculations to correct the promotion pay anomaly. (Case #E98N-4E-C 02081672)

MS-47 Handbook Revisions – This case involves a dispute over revisions to the MS-47 Handbook that were unilaterally made by the Postal Service. The APWU contends that the revised MS-47 Handbook will result in a reduction of cleaning services below required minimum levels, a reduction in employees, and an increased workload for remaining custodial employees. (Case #Q98C-4Q-C 02013900)

FMLA Ruling to Be Reheard

A U.S. Appeals Court has granted the Postal Service’s petition for a rehearing of a landmark court decision that invalidated USPS return-to-work requirements for employees with Family and Medical Leave Act absences of more than 21 days.

The appeals court action vacates a July 19, 2005, ruling that we had strongly favored. The court has ordered the same three-judge panel that initially heard arguments leading to its ruling to re-examine the case. The appeals court asked all parties, including the Secretary of the U.S. Department of Labor (who intervened on behalf of the USPS petition), to prepare briefs and to be prepared to argue on the narrow issue of whether Department of Labor regulations, which provide that return-to-work requirements of collective bargaining agreements supersede those found in the FMLA, are sufficiently specific to warrant judicial deference.

Briefs were due on Dec. 1 and oral argument was set for Dec. 9.When a decision is received, it will be announced on the union’s Web site, www.apwu.org.

Next Round of Bargaining

Notwithstanding the APWU membership’s overwhelming approval of the contract extension agreement last year, national contract negotiations will officially begin in August (approximately 90 days prior to the Nov. 20, 2006, expiration of the current agreement).

An important aspect of preparation for contract negotiations involves input from our members. At our national convention (also in August), the Labor-Management Committee is responsible for identifying problems or concerns that have been communicated by the membership through their respective convention delegates. Resolutions approved by the convention are included with other issues considered for contract negotiations.

Members and representatives also have an opportunity to offer input at local and regional meetings, state conferences, and conventions. In addition, your national officers learn of members’ concerns directly from local and state leaders at APWU Presidents’ Conferences.

Not every individual suggestion or convention resolution will become part of the national agreement. However, as we prepare for negotiations and attempt to negotiate the best possible contract for our members, we will evaluate all proposals and we welcome your input.

Suggestions for resolutions may be sent to: Greg Bell, Director, Industrial Relations; APWU Negotiations 2006; 1300 L St. NW; Washington, DC 20005.

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