Volume XXXI, No. 18      August 8, 2001

APWU Wins Major Arbitration Case On the Use of Casual Employees!

The union has received the long-awaited arbitration decision on the issue of management's obligation to separate casuals when full-time employees are excessed from their craft or installation.

 APWU Executive Vice President William Burrus initiated a grievance in 1991, protesting management's right to maintain casuals within the craft or installation when full-time employees are excessed from their craft or installation.  Management's response in the grievance procedure was that their obligation was to remove casuals to the extent practicable or when operationally feasible.  The dispute proceeded to arbitration, where management changed its tune and informed the arbitrator that it agreed with the union's interpretation and, therefore, since there was not an interpretive dispute, the arbitrator was without jurisdiction to decide the case.

Arbitrator Snow rejected the USPS position and recognized that "there remain disputes regarding whether the Employer has applied the disputed provision in accordance with the stipulated agreement."  Arbitrator Snow recorded the USPS/APWU agreement on the issue as follows: "All casuals have to be removed if it will minimize the impact on regular workforce employees.  The employer must eliminate all the casuals to the extent that it will minimize the impact on the regular workforce."

The arbitrator denied the union's request for a nationwide remedy and decided that "these are factual issues to be addressed on a case-by-case basis."   

This is a major victory for APWU, since management has maintained that it is authorized to retain casuals when excessing full-time employees.   Those grievances filed at the local level protesting the retention of casuals after the excessing of career employees will now go forward on the facts.   Affected employees should be compensated for improper excessing in violation of the arbitrator's decision.

Hearings Begin August 27 in Chicago

Contract Arbitration Update

APWU officers and staff are finalizing the preparations for the opening of interest arbitration that is scheduled to begin on Aug. 27 and continue Aug. 28-29 in Chicago.

Following the initial three days of hearings, the parties will continue their presentations in Washington, D.C., on Sept. 27, 28 and 29; Oct. 9, 10, 25, 26, 27, 30 and 31; and Nov. 1, 5, 6, 15, 16, and 17.  APWU will present  its case first on the economic and working-condition proposals.  The union is seeking wage increases of 13.5 percent over a 30-month contract, retroactive to Nov. 20, 2000.

Members of APWU's national negotiating team meet with the union's arbitration panel member, Professor Carin Ann Clauss of the University of Wisconsin, at union headquarters on Monday, Aug. 6, to prepare for the opening of arbitration hearings later in the month.  Shown around table, from left, are: APWU President Moe Biller; Prof. Clauss;  Darryl Anderson,  chief counsel; attorney Lee Jackson; William Burrus, executive vice president; Greg Bell, industrial relations director; Jim Lingberg, maintenance division director; Michael Foster, assistant motor vehicle service division director; Cliff Guffey, clerk division director; Phil Tabbita, president Biller's chief of staff; and special assistant Randy Sutton. Shown in background is paralegal Barbara Zibordi.

Pass the Hat This Labor Day Weekend

 Support the Memphis Strikers!

APWU National Business Agent Mike Morris, who serves as the union's Private Sector Organizing  Administrator, announced that a special fund is being created at APWU headquarters to help support the APWU members in Memphis who are still locked in a protracted strike against the H.B. and J.E. Phillips companies.

Many APWU locals and members already have stepped up to help their brothers and sisters (and their families) who are feeling the hardship caused by the "Battle of Memphis." APWU locals are asked to pass the hat this coming Labor Day weekend to raise additional funds to support the Memphis strikers. (Please send checks for all monies collected to Mike Morris at APWU headquarters. Make checks payable to "APWU" and note that the money is for the "Memphis Strikers.")

A special poster recognizing all participating APWU locals and state organizations is being planned for future publication.

November 4-7, 2001, in Las Vegas

Fifth Biennial Clerk Craft Conference

The 2001 Clerk Craft Conference will be held Nov. 4-7 at the Riviera Hotel in Las Vegas. Registration packets will be available for pick-up on Sunday, Nov. 4. Pre-registering will guarantee that your information packet will be available.

Workshops will be held Monday and Tuesday, Nov. 5 and 6. The general session will be held on Wednesday, Nov. 7, and will end at 5 p.m.

We ask that all locals begin early to secure rooms at the Riviera.

There will be a $25 registration fee for this conference to cover the cost of materials. Please make checks payable to "APWU Clerk Craft Conference." This fee is payable in advance by sending a check with the registration form below to the address given.

This conference will be unlike clerk conferences of the past. All participants will be assigned rooms, and the instructors will rotate. This will ensure that all participants will receive the same training. Scheduled workshops include: RI 399, Level 4/5 arbitration training, casual grievances instruction, FMLA training, union response to abusive supervisors, new clerk division CDs and more.

Hotel Information

The clerk division requests that all participants stay at the Riviera, a union hotel. The APWU has guaranteed rooms at a discounted rate. All locals should begin to secure rooms at the Riviera Hotel as early as possible. The telephone number to register is (800) 634-6753 (toll-free), or (702) 794-9412. You may also register online at:  http://www.theriviera.com/apwu.html.

Airline and Rental Car Information

For discount airline information please call United Airlines at (800) 521-4041 and use the ID Code: 556AX when booking your reservation.

Car rental discounts may be obtained by calling Payless Allstate car rental at (800) 634-6186.  Use the ID Code: APWU when making your reservation.

The deadline to register is Oct. 5. Registration must be received no later than 5 p.m. on Oct. 5. There will be a late registration fee of $40.