Ten months after the APWU won an arbitration case protesting violations of the Collective Bargaining Agreement, the USPS has provided the APWU with documentation — thousands and thousands of pages of documentation — necessary to determine the remedy, announced Director of Industrial Relations Tony McKinnon Sr.
The documentation is in reference to violations of the “Global Settlement,” [PDF] which limits the number of hours managerial personnel may perform window duties in small offices. The Global Settlement was negotiated as part of the 2010-2015 Collective Bargaining Agreement.
Last year the union won two national-level arbitration cases regarding managerial personnel working in excess of the number of hours proscribed in the contract. The first dispute involved which hours should be counted. In March 2013, Arbitrator Shyam Das upheld the APWU’s position [article | ruling-PDF], ruling that all time postmasters or supervisors spend staffing a window must be counted toward the limits, and, in the absence of a clerk, all time a window is open must be counted.
Following the March award, the APWU and management discussed the appropriate remedy for the violations, in accordance with Arbitrator Das’ instructions, but were unable to reach agreement. They returned to him to settle the matter.
At hearings in October 2013, the USPS argued against any retroactive monetary award, claiming that no actual contract violations had been established and asserting that any remedy should be applied only to violations that occurred after the March ruling.
Once again, Arbitrator Das rejected management’s position [article | ruling-PDF], and, in accordance with the union’s request, Das instructed management to provide the APWU with documentation within 90 days.
When the 90-day period ended on Jan. 19, 2014, the USPS supplied the documentation.
Now the APWU must meet with the Postal Service to ascertain how management developed the figures the USPS provided, review the documentation, verify its accuracy, and calculate appropriate monetary remedies.
McKinnon has appointed Chris Ulmer, executive assistant to the Industrial Relations director, as the point the person for this project. We will provide updates as additional information becomes available.