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.”
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
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.
07/26/2012 - The APWU and USPS have reached agreement on implementation of an arbitration award on retreat rights for Clerk Craft and Motor Vehicle Craft employees, Industrial Relations Director Mike Morris has announced. In an award issued June 29, Arbitrator Shyam Das sustained the APWU’s grievance protesting the Postal Service’s refusal to allow excessed employees to retreat to Non-Traditional Full-Time (NTFT) duty assignments that were posted in August 2011 after approximately 9,000 part-time flexibles and part-time regulars were converted to full time.
Dispute Over Assignment of Unassigned Regulars to NTFT Schedules Denied
07/02/2012 - In an award issued June 29, Arbitrator Shyam Das sustained the APWU’s grievance over the denial of excessed employees’ retreat rights, but denied it in a dispute over the assignment of unassigned regulars to non-traditional full-time (NTFT) schedules.
06/08/2012 - The APWU and USPS have reached an agreement that will preserve Maintenance Craft duties for employees in the craft, Maintenance Director Steve Raymer has announced.