APWU loses PSE arbitration case

From the American Postal Workers Union:

apwulogoIn an award dated June 17, 2013, Arbitrator Stephen Goldberg rejected the union’s argument that the USPS was required by Article 12.5.B.2 to cobble together the work hours of PSEs in installations within a 50-mile withholding area in order to create duty assignments to minimize the impact of excessing on career employees.   Goldberg concluded, “The sole obligation imposed on the Postal Service by the quoted language of Article 12.5.B.2 is 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.”

In reaching that conclusion, the Arbitrator noted:

“The failure of Article 12.5.B.2 to set out the asserted Postal Service obligation to combine PSE hours in the entire area affected by an excessing event when doing so would create duty assignments for career employees stands in stark contrast to Article 37.3.A.1, in which dealing with a similar, albeit unrelated issue, the Agreement provides that:

‘Every effort will be made to crate desirable duty assignments from all available work hours for career employees to bid.’

“This language demonstrates that the negotiators of the 2010 Agreement knew how to impose on the Postal Service the obligation to combine PSE hours when doing so would yield duty assignments for career employees.  They did so for bidding purposes in Article 37.3.A.1”

“It is disappointing, to say the least, that the arbitrator failed to recognize the parties’ intent to minimize the impact on excessed career employees,” said Industrial Relations Director Mike Morris.  “However, Arbitrator Goldberg’s recognition that Article 37.3.A.1 clearly includes ‘the obligation to combine PSE hours’ should deter some field managers who have been arguing even that point.”

“This means our locals will have to be even more vigilant in enforcing the posting provisions of Article 37.3.A.1 to create desirable landing spots for excessed APWU employees,” Morris said.

  • Just watching

    Another oustanding loss for the apwu. Remember back to the ntft arbitration loss. A more cynical person than myself might call it bought and sold.

    • Mail Handler

      The other postal service unions would never accept that crap in the their CBA’s…Goofy and the stupid APWU got what they deserve.

      • Barry

        No Mail Handler the Mail Hanlder Union is much worse. Getting MHA’s signing up for union dues when they no the PO will be getting rid of them before they become career and there is not much of anything in black in white to protect and provide them benefits. lol So sick its twisted. In Local 304 offices of less than 50 Mail Handlers are being left to die on the vine as the Local Officers want all the dues money and benies for themselves instead of representing all their members.

  • What

    If the “parties’ intent to minimize the impact on excessed career employees,”was clearly evident, there would not have been differing interpretations requiring a third party decision. The union believes management should work “to cobble together the work hours of PSEs in installations within a
    50-mile withholding area in order to create duty assignments to minimize
    the impact of excessing on career employees”. No big deal there huh? Got 2 hours here another 1 hour 30 miles away and you finish up 40 miles from home. Yeah, let’s offer that as a daily bid and see who opts for it.

  • glorified casual

    I was one of the first pse’s hired. While working every crazy hour asked, I have also been through a one talk training coarse for bulk mailing, buisness reply mail, counting stamp stock, closing out, and now APAT and EOD reports and thats just part of my mixed daily routine depending on who does or doesn’t wanf to do there jobs. Including supervisor an postmaste. But thers really nice about it. There doing it so i get more hours .. have to call bullshit on that. Union book says i should be getting higher pay for that. But the book also says that when a position is open an open for bid in office then moved to E reasign for out of townerst bid on. The position if still open can be up for bid for the senior pse. That didnt happen either. Since i needed a day off for job interview there now telling me thaf pse are to be converted in out office because of the level office we are and they want me to hold out. I just dont think i have high enough boots for this crap. I have no time with my family and even with overtime a crappy check to boot. And i havent heard the union or usps actually make a statement regarding this. It doesnt matter how much you learn or do for usps. I would have a better outcome selling my soul to the devil least i would get something out of that contract.

  • Sandy Smith

    I agree with you on Goofy’s punch to the gut of career clerks and the bringing in of the untrained uneducated PSE’s. (Not the fault of the PSE’s USPS does not train worth a sh*t) We were told that we only earn 30 hours a week when we were working 40+ and then they brought 2 PSE’s in while career clerks sit home. One of the PSE’S works the window and the other day was asked how long it would take for a package to arrive being sent to North Carolina, the PSE told the customer that she did not know where North Carolina was so she could not tell her how long it would take. Poorly educated and no training to look at the POS screen and read what it says for expected delivery.