03/30/2013 - The union won a major arbitration victory on March 29, when Arbitrator Shyam Das issued a long-awaited decision that will affect Clerk Craft jobs in small post offices. The ruling settles a long-simmering dispute about the amount of bargaining unit work postmasters and supervisors may perform in Level 18-and-below offices.
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
03/13/2013 - The APWU and USPS have reached an agreement that clarifies the rights of Postal Support Employees (PSEs) when discipline is issued, Director of Industrial Relations Mike Morris has announced. In accordance with the Collective Bargaining Agreement (CBA), management has the right to discipline or remove PSEs for “just cause,” and PSEs have the right to file grievances protesting such discipline.
Ruling Has Implications for All Crafts
03/07/2013 - In one of the first decisions interpreting the 2010-2015 Collective Bargaining Agreement, Arbitrator Stephen B. Goldberg ruled on March 4 that the USPS decision to subcontract Postal Vehicle Service work throughout California violated the contract.
12/05/2012 - In a ruling issued Dec. 3, Arbitrator Shyam Das sustained the union’s position that Article 14 of the National Agreement, Safety and Health, is “a joint process for addressing safety and ergonomic issues” and that “charging the union for information it reasonably requests in good faith to fulfill its joint role and obligations … is not consistent with the overall structure and tenor of Article 14.”
11/30/2012 - California Postal Vehicle Service employees who have been identified as impacted by the USPS decision to subcontract PVS operations in the state and who have indicated their intent to accept the USPS Voluntary Early Retirement offer now have until Jan. 31, 2013, to revoke their decision.
10/15/2012 - The APWU signed an updated agreement Oct. 12, 2012, for Members-at-Large who work in small post offices that are not represented by a local union.
09/28/2012 - The APWU and the Postal Service have reached an agreement that clarifies management’s obligation to create desirable schedules and work hours for Non-Traditional Full-Time (NTFT) assignments and other positions in APWU-represented crafts, President Cliff Guffey has announced.
09/27/2012 - The APWU and Postal Service have signed an agreement that will protect the seniority rights of APWU-represented employees, President Cliff Guffey has announced.
08/10/2012 - Arbitrator Stephen B. Goldberg ruled on Aug. 1 that employees represented by the APWU who transfer to or are excessed into non-APWU crafts may not carry the protection against layoffs they have earned under the APWU Collective Bargaining Agreement to their new crafts.
07/31/2012 - The APWU and a retired union member have resolved a lawsuit against the Postal Service and an Accounting Services manager for violations of the Debt Collection Act, Industrial Relations Director Mike Morris has announced.