01/16/2014 - In a decision issued Nov. 19, 2013, Arbitrator Shyam Das sustained the APWU’s position that full-time employees on the Overtime Desired List (OTDL) must be scheduled for overtime ahead of casual employees on overtime, even if the OTDL employees would earn penalty pay.
In a decision issued March 29, 2013, Arbitrator Das sustained the APWU’s position on how postmaster and supervisor time should be counted for purposes of caps set up to limit the number of hours they can perform bargaining unit work in small post offices. He found in part that a key provision in 2011’s Global Settlement between the Postal Service and union should be interpreted as written and therefore requires that all time a supervisor or postmaster spends staffing the window during the day will be counted towards permissible bargaining unit work limits for postmasters and supervisors in Level 15, 16, and 18 offices. Das remanded issues of remedy to the parties for discussion and resolution.
In a supplemental remedy award issued October 16, 2013, Arbitrator Das sustained the APWU’s position that a monetary remedy would be appropriate for the time period between the Global Settlement (3/9/2011) and the date of the national award on the merits (3/29/2013) based on the findings in that award. He ruled that “there is nothing inherently speculative in determining from available data whether the limits set forth in the Global Settlement were violated in a particular office in a particular week, and if so, what the extent (work hours) of the violation was.” Das ordered that within 90 days, unless management shows it cannot reasonably accomplish such actions within that time frame, the Postal Service is to make available to the union information to which it has access showing time spent by postmasters “staffing the window” as defined in the merits award.
News: Awards and Settlements
Clerks to Be Upgraded Two Levels
11/01/2013 - In a decision issued Oct. 28, Arbitrator Stephen B. Goldberg ruled that the USPS must upgrade all Customer Care Agents two levels and must make them whole for all pay and benefits they lost as a result of the improper ranking of their positions.
Clerks in Small Offices to Receive Back Pay If Supervisors Worked in Excess of Limits in Contract
10/17/2013 - In a decision issued Oct. 16, Arbitrator Shyam Das ruled that APWU members are entitled to retroactive pay for time postmasters or supervisors performed craft duties in excess of limits outlined in the Collective Bargaining Agreement. “This decision is an important victory for the APWU,” said Director of Industrial Relations Mike Morris. “We have fought long and hard to protect jobs and increase work hours for clerks, especially in small offices. This decision will result in back pay for union members who were denied work opportunities as a result of contract violations. I hope postal managers take note of the cost of their failure to honor the contract,” he added.
08/16/2013 - In response to demands from the APWU, the Postal Service agreed on Aug. 14 to convert 399 Clerk Craft Postal Support Employees (PSEs) to career status. The conversions will be the first in mail processing.
08/15/2013 - Career APWU members will receive a $937 annual increase in pay in September, APWU President Cliff Guffey has announced. “This substantial raise is the result of the 2010-2015 Collective Bargaining Agreement, which preserved cost-of-living adjustments for our members,” he said.
ALSO: The APWU won a major victory Aug. 13 when Arbitrator Shyam Das issued a ruling that will help the union fight subcontracting, President Cliff Guffey has announced. Das ruled that locals must be notified when management makes a decision at the local, district or area level to contract out craft work.
08/02/2013 - In a victory for the APWU, Arbitrator Stephen Goldberg issued an award on July 25 that will help protect our members’ interests if the Postal Service proposes to increase hourly rates for Postal Support Employees (PSEs) when it is necessary to do so to recruit or retain them.
06/20/2013 - In an award dated June 17, 2013, Arbitrator Stephen Goldberg rejected the union’s argument that the USPS was required by Article 12.5.B.2 to cobble together the work hours of PSEs in installations within a 50-mile withholding area in order to create duty assignments to minimize the impact of excessing on career employees.
06/07/2013 - The APWU has reached agreement with the Postal Service on a Memorandum of Understanding re: Step 1 Discussions dated June 5, 2013, that clarifies the union’s right to file a grievance by telephonic and/or electronic means.
06/07/2013 - After stonewalling for more than two months, the Postal Service has taken initial steps to enforce an arbitration ruling that was a major victory for the APWU.
04/01/2013 - The 2010-2015 Collective Bargaining Agreement and a ruling of Arbitrator Shyam Das impose strict limits on the amount of bargaining unit work postmasters and supervisors may perform.