Contract Update #12

2011 No. 10 – March 22, 2012

BARGAINING MOVES TO MEDIATION PROCESS

The ongoing bargaining dispute between the NPMHU and the Postal Service – to determine the terms and conditions of the 2011 National Agreement – is headed to mediation. The mediation will be conducted under the supervision of the Federal Mediation and Conciliation Service (FMCS), which is charged, under the Postal Reorganization Act as amended in 2006, with appointing the mediator.

Earlier today, FMCS Director George Cohen announced that he was appointing Herbert Fishgold as the mediator for the NPMHU/USPS dispute. As required by statute, Mr. Fishgold is “a mediator of nationwide reputation and professional stature, . . . who is also a member of the National Academy of Arbitrators.” Indeed, Mr. Fishgold has served as a third-party neutral for more than 30 years, during which time he has mediated and arbitrated bargaining disputes in a wide range of industries at the national, state, and local levels.

The statute instructs the parties that they “shall cooperate with the mediator in an effort to reach an agreement and shall meet and negotiate in good faith at such times and places that the mediator, in consultation with the parties, shall direct.” The mediation will continue for at least sixty days, unless the parties agree otherwise, either because they have reached a tentative agreement or because they and the mediator believe that an extension of the mediation process would be appropriate. Thereafter, if the bargaining dispute is still ongoing, the parties will adopt further dispute resolution procedures, to include binding interest arbitration.

Importantly, the mediator does not have the power to issue binding settlements or resolutions, and thus cannot compel the parties to reach an agreement. Rather, the mediator serves as a facilitator of discussions, making suggestions to the parties in an effort to keep the dialogue and process of negotiations moving forward.

As the mediation moves forward, to the extent possible during periods of confidential communications, we will keep you informed of developments through additional Contract Updates.

via Contract Update #12 – National Postal Mail Handlers Union.

From the National Association of Letter Carriers:

S. 1789 could come up Monday: An amended version of S. 1789 – which the NALC has not yet seen – appears headed for consideration on the floor of the Senate as early as Monday. Based on what little we know right now, the expectation is that the amendments still do not go far enough toward addressing the major problems we have with this deeply flawed legislation. The NALC is prepared to mobilize members to oppose any measure that includes language jeopardizing a day of mail delivery service.

via NALC | The National Association of Letter Carriers, AFL-CIO.

Tamara S. Dresser, 39, Argonia, Kan., is charged with one count of issuing postal money orders without payment while she was the Officer-In-Charge of the Argonia, Kan., Post Office and one count of making false entries in the postal service’s computer system. The crimes are alleged to have occurred from November 2011 to February 2012 in Sumner County, Kan.

If convicted, she faces a maximum penalty of five years without parole in federal prison and a fine up to $250,000 on the charge of issuing money orders without payment and a maximum penalty of 10 years and a fine up to $250,000 on the charge of making false entries in the computer system. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.