APWU Excessing Out of Installation Arbitration AwardSunday, November 25th, 2012
From Oakland, CA President Fredric Jacobs:
Attached is the arbitration award relative to our first excessing “out of the installation” grievance. Although a long time coming, we did manage to accomplish some of our goals.
• The arbitrator ruled that an excessing “out of the installation” grievance can be presented challenging the need for excessing without reliance on the Comparative Work Hour Report (See pages 21 & 22 of award). This will be helpful with our other grievances. (Very good language)
• The arbitrator supported our argument that the 60-day notice must disclose the place to which an employee will be assigned (See pages 24 & 25 of award) Note: The 2010 CBA states impacted employees must be given “at least 30 days” notice.
• The arbitrator emphasized in her award that the “primary principle in effecting reassignments” in Article 12.4.A that dislocation and [in]convenience of the regular workforce should be kept to a minimum. This is extremely relevant because our other cases, like the instant case, we present the argument that management failed to adhere to this principle.(See page 4 of attached “brief” Brief)
Although this award will not resolve all of our excessing problems, it is a good beginning. Thank all of you for a job well done.
7901 Oakport Street, Suite 2300
Oakland, CA 94621-2010
Tel: (510) 635-8497
Fax: (510) 635-8782