HISTORIC ARBITRATION AWARD IN CFS CLASS ACTION GRIEVANCE
USPS’S RECKLESS VIOLATION OF THE NATIONAL AGREEMENT PROVIDES $1,000,000.00 PLUS WINDFALL FOR 24 FORMER CFS POSTAL CLERKS
According to Fredric Jacobs, Oakland, CA Local #78 President–The holiday season will be a lot merrier for 24 former Oakland, CA Computer Forwarding System (CFS) postal clerks, thanks to an arbitrator’s decision. The ruling has given them portions of an award totaling $1,039,572.91 – arguably one of the largest payouts to individuals in APWU history. Some of the people received over $50,000.00 payout. The arbitration decision settles a crossing crafts grievance filed in 2002.
The case originated with the practice of having injured letter carriers work in the CFS unit. The Oakland Local argued that the letter carriers should have been assigned elsewhere. The Oakland Local also argued that the letter carriers presence in CFS unit denied overtime to clerks on the overtime desired list (ODL).
After the arbitration decision was issued, the USPS contended that only five or six clerks were affected. However, the Oakland Local argued successfully for the inclusion of twenty-four clerks– nearly 25% of the CFS clerks holding duty assignments in the unit at the time. The violation period in this grievance extended from May 7, 2002, through July 29, 2006.
The Oakland Local contended that for every hour letter carriers worked in the unit, EVERY affected CFS clerk on the Overtime Desired List (ODL) should be paid an equal amount. Arbitrator Butler ruled in the Local’s favor in the original grievance. However, the Local had to file a noncompliance grievance in 2010 when USPS management did not pay the people.
On June 27, 2013, Arbitrator Altemus ruled that the twenty-four individuals identified by the Oakland Local will be paid for the periods of time they were actually available for work during the relevant period, plus interest at the Federal Judgment rate.
The checks, which range from $21,819.97 to $55,893.31, has been issued to the CFS clerks, as well as the interest checks.
Oakland APWU Local #78
All management had to do to avoid any liability in this case was to simply make the Carriers into Clerks and permanently assign them positions within the Clerk Craft that were within their medical restrictions. This of course after first making sure there was no work available in the Carrier Craft they could perform. The APWU warns management all the time on this but of course management has no accountability and goes ahead and violates the contract anyways.
This is the insanity of the system. Injured carriers. If the employer does not find something useful for them to do, it has to pay them to sit at home. 1.5 Billion in OWCP chargebacks in 2001. 1.5 Billion in 2002. Around a billion a year now. Paying folks 66% of their gross pay without taxes until they die of old age. If the employer finds something for them to do, there is a contract violation costing a million dollars. A contract is a contract and it should be enforced, but the system is insane.
P.O. probably saved $2 millon so no big deal….
Management is too lazy to even read. Why follow the contact when they can lie about instead? Person responsible probably promoted to district manager or vp.
Yea great stupid an greedy are we!
For hell was made for thee!
You will be there soon!
Lets get rid of the INCOMPETENT UNION SLUGS!!!
Stupid and greedy. They all work for the same company and are paid by the same company. Reminds me of hostess saying only cake in one truck and bread in another even though it was all going to the same store. The union is going to drive your jobs to the ground.
The reason management doesn’t hold their own accountable is that they make out much more on violating the contract than they ever do when unions win awards for aggrieved workers. It’s worth it for them. Many of these violations do not get noticed. Others fall through the cracks because union stewards are not given enough time to do their jobs. Sometimes the union stewards and officers are not competent enough to notice. So it’s worth it for them to just do whatever they want.
Just a “cost” of doing business. No skin off my nose.
We are so proud of you b…ho
Send home Merica dollors
we don’t need no stinking sawshitwiches
b…ho
I receevd $95 grands from my SAWDWICHE class acition lawsuits, and becauze i wasnots getting fair rates for my bisiness. just cant keep a good mexicon down. you can kikk me, but you cant keepe me downs.
Good point greg, lol !
This is nothing compared to the $82,000 that clerks in the Pittsburgh P&D recieved in Oct.2009. The award was for excessive use of casuals over a 10 year period. And of course, NO one was held accountabe. The total award amount was $80,000,000. The Largest ever in APWU history.
we don’t want them held accountable; we want them to commit more violations so others can get some coin without working for it
And yet, not one person in postal mismanagement will be held accountable.
Meanwhile, the harassment of carriers for taking two seconds to long will continue.