The issue in this National Level Arbitration was whether the obligations imposed on the Postal Service by the quoted language include that of identifying and separating those Postal Support Employees (PSEs) within the appropriate radius of an excessing event who do not hold a posted duty assignment, but are regularly working hours which, if combined, would yield sufficient hours for a regular duty assignment.
Award Summary: Arbitrator Goldberg ruled that Article 12.5.B.2 did not impose the alleged obligation. He concluded that the Union's position was not supported by the language of Article 12.5.B.2, and the evidence of bargaining history, on which the Union relied heavily, was insufficiently persuasive, when considered in light of other evidence of the meaning to be attributed to Article 12.5.B.2 (the JCIM comments on that Article, and the language of Article 37.3.A.1) to warrant the conclusion that Article 12.5.B.2 imposed the obligation for which the Union contended. The sole obligation imposed on the Postal Service by the quoted language of Article 12.5.B.2 was that of identifying and separating those PSEs within the appropriate radius who are holding posted duty assignments, whether they have opted into those duty assignments, or have been assigned to them by Postal Service management.
Document Type: National Arbitration
APWU National Grievance Number: Q10C4QC12320729
Arbitrator Name: Stephen Goldberg