National Arbitration and Case Update February 2018

1 National Arbitration and case Update February 2018 January was another month of progress for the APWU. We continue to have decisions rendered on National cases and also reaching settlements on other issues that give our membership closure on some of the issues they face. Recently Issued Decisions MMO-057-12 MOS Clerk Staffing (Q10T-4Q-C 13332310) On January 31, 2018, Arbitrator Goldberg denied our grievance. The USPS uses a staffing procedure that determines how many MOS Clerks duty assignments are to be established in each unit based on the number of other maintenance employees the MOS Clerks would support.

2 Arbitrator Goldberg ruled that supervisors do not count towards the staffing of MOS clerks. Violation of Global Remedy Settlement Agreement (End of Day) (Q10C-4Q-C 16050516) On December 8, 2017, Arbitrator Das found that the End of Day button--a function the Postal Service added into the Retail System Software (RSS) point-of-sale system allowing postmasters to enter and exit the system without fully closing out did not satisfy the requirement in the Global Settlement Remedy Agreement that postmasters are allowed to perform bargaining unit work for only 15 hours per week, to be counted from the start to the end of day.

3 Arbitrator Das ordered that the Service cease the use of this End of Day button unless the APWU agrees to permit its continued use. He also ordered that the Service enact appropriate software changes to disable the button as soon as practicable. Additional information and a copy of the decision can be found on the website. Subcontracting of APPS Installation (Q00T-4Q-C 06175320) On November 7, 2017 Arbitrator Goldberg denied this case . He agreed with the Service s argument that there was a consistent past practice of the newly-manufactured equipment mail processing equipment and therefore installation of newly-designed equipment was not bargaining unit work.

4 He also ruled that the Service did not violate Article or More information and a copy of the complete decision can be found on the APWU website. MS-1 case (Q10T-4Q-C 14171644, 16481407) Arbitrator Das ruled in September 2017 that the Service s change to the MS-1 manual did not violate Articles 19 or 34 and granted the Service additional discretion to transfer work in the stations and branches to the FMO. The arbitrator then remanded a portion of the case dealing with the Article 19 issues surrounding preventative maintenance time allowances, frequencies, space adjustments, and miscellaneous work time allowances back to the parties for discussion.

5 Discussions are currently underway on the remanded portion of the award. POST plan Office Custodial Staffing case (Q10T-4Q-C 15206030) In June 2017 Arbitrator Goldberg ruled that POST plan office clusters are installations as defined by Article and that the Service must use the custodial staffing formula outlined in the Subcontracting Cleaning Services MOU bringing work back into the maintenance craft. Cases Awaiting Decisions Usage of the Workforce Benefits Fund (Q10C-4Q-C 15215794) this case was heard November 15-16, 2017. This fund was established in the 2010-2015 Collective Bargaining Agreement.

6 The monies in this fund were to be used to pay for PSE health benefits namely the employer share of PSE health insurance. After the fund had been used for this purpose it could be spent for other items. It is our position that before this money could be spent the Service has to meet with the Union, discuss how to use the remaining funds, and reach agreement on that usage. In this case , the Service unilaterally spent the money without APWU input and agreement for the costs for the Call Centers. We are seeking the funds used improperly and without the consent of the APWU be returned to the fund.

7 Briefs were submitted on January 20, 2018, and we are awaiting a decision. Recent Settlements Memorandum of Understanding RE: Clerk Craft and PSE Hiring and One Day Break on January 5, 2018, the Clerk Craft reached an agreement with the USPS that all Clerk Craft PSEs will be hired effective the first day of a pay period. This MOU restores order and fairness to PSE hiring and establishing standing on the PSE rolls. It also clarifies that a PSE can apply for a new position at a new installation but the rights that they have earned (for example length of service for eligibility for health benefits and probationary time) are carried over to the new installation even though they start a new relative standing on the rolls of that installation.

8 Sales Retention Team (SRT) case and Remedy (Q10C-4Q-C 14011344) after multiple hearing dates and 2 awards this case was settled on January 12, 2018. The case was scheduled to go back to hearing again on January 16-17, 2018 for what remedy the USPS owed APWU represented employees. The Postal Service agreed to a $36 million settlement. The money will be distributed among Clerk Craft employees that the National APWU is in the process of identifying. Eligible employees are those in the Clerk Craft bargaining unit who were on the rolls in the installations (bid clusters), attached to the Sales Retention Team (SRT) sites, in the following locations: Akron, OH, Atlanta, GA, Boston, MA, Dallas, TX, Dayton, OH, Everett, WA, Aurora (Fox Valley), IL, Philadelphia, PA, Portland, OR, Saint Petersburgh, FL, San Francisco, CA, Tampa, FL.

9 More details can be found on the APWU website. MVS New Hire Salary Dispute (Q15V-4Q-C 17473798) this dispute was about the pay new hires were receiving when they began work in the MVS Craft. In various parts of the country, the USPS was recruiting and hiring PVS operators by offering to pay these new employees higher than the entry level salary for that position. In some locations, management would then rescind the offer after the employee was hired and pay a lower rate. Often, the employee would receive a letter of demand for overpayment of their salary.

10 Not only is this action against every principle of Article 9 Salaries and Wages of the Collective Bargaining Agreement but it is dishonest at best and demoralizing to those newly hired. The agreement allows the Service to correct a job offer with the incorrect salary listed pre-employment but that if they do hire an employee with the improper higher salary they are obligated to pay the new employee the rate agreed to upon hire. The settlement also calls for a make whole remedy for those employees who have been affected by the incorrect salary offers.