An outrageous management ploy was overturned on April 16, when an arbitrator ruled [PDF] that the USPS violated the contract when it retroactively changed the passing score on promotion eligibility exams in the summer of 2009, Maintenance Craft Director Steve Raymer has announced.
The rating of more than 600 APWU members were changed from eligible to ineligible, meaning that they could not be placed on Promotion Eligibility Registers (PERs).
The APWU alleged that the USPS violated Articles 5, 19 and 31 by unilaterally rescoring Exam 955 and by failing to provide the union with requested information related to the rescoring.
The APWU and the Postal Service had spent the previous year bargaining extensively over the development and implementation of the Exam 955, which was first rolled out in June 2009. The rescoring occurred after the Postal Service concluded that too many bargaining unit members were passing the exam, despite repeated assurances to the union during bargaining that the test had been validated and studied extensively. When the APWU learned of the rescoring, Raymer requested related information, which the Postal Service failed to provide on the grounds that the information was confidential.
Arbitrator Stephen B. Goldberg found that the Postal Services’ rescoring of the Exam 955 constituted a unilateral change, in violation of Articles 5 and 19 on the Collective Bargaining Agreement. He remanded the case to the parties to seek an appropriate remedy for the violation. If the parties are unable to reach an agreement on the remedy within 60 days, they can request that the arbitrator resolve the issue. Arbitrator Goldberg also found that the information sought by the union was not confidential, thereby making the Postal Service’s refusal to provide it a violation of Article 31. He ruled that the Postal Service must provide it to the union.
Discussions with the USPS on the remedy are ongoing, Raymer said, and he “remains optimistic that a full remedy will be reached.”
Locals whose members were impacted by the change in eligibility standards should gather all relevant facts in the event they will need to be sent to headquarters. This includes:
- Yes or No: Did the individual miss a potential promotion opportunity due to the change in results?
- Date(s) of relevant posting(s);
- The individual’s original RMSS results;
- The changed results;
- After August 2009 any results of RMSS update attempts made and whether eligible or ineligible;
- Any subsequent promotion with the effective date and occupational group identified.
“Remember, even if a grievance was previously filed, the information above is necessary to update the file,” Raymer said.
CMON Apwu. YOU know fair and square of the deadbeats we have aquired into the maintenance craft thanks to your intervention. I think the USPS is right on with this issue. All I can say is please God let me get some more years in and I am outta here. I am sick and tired of these so called ET’s that can’t fix machines after time and time again showing them. It makes my job harder. They take up slots on my tour and can’t fix squat. Shame on YOU APWU for not helping us ET’s of 15 and 20 years who actually learned the machines and how to fix them. SHAME SHAME SHAME
Ploy was to reward selection of bully psychological unstable puppets to create workplace havoc as any people skills in motivating employees was totally lacking. A real joke as most were apparently selected by same bully management style leadership. Job knowledge and people skills were not a primary consideration. Primary selection criteria was ability to act as demanded by dictatorship management in control. Back alley rough house degree in misusing people.
Job knowledge in delivery and processing techniques were not considered as evaluating time to complete job assignment was a blank space in their cranium. Some selected were not regular status but would employ underhand tactics to insure fulltime work regardless of any ethics in treating employees with dignity and respect.
All Your TSP Belong To Us ! says: I’m like a broken record. I need to have someone else to blame because I am entitled. The rank and file are always right however if they ran the place who would I blame? Perhaps no one cause everything would be perfect. I wonder why my union doesn’t propose to run the place? Oh yeah….they wouldn’t have anyone to blame! I think I’ll increase my union dues on my own! Onward all you lemmings!
What ! Its not like a real contract. Its a postal contract
As usual, not one person in mgmt. will be held accountable.
It’s s… like this that needs to be broadcast over every medium possible. When will somebody who can actually do something about these crooks understand just how dirty and scheming management is? Yes, labor can have its fair share of dishonest jerks too, but it’s those in charge of personnel, promotions, and discipline that do the worst damage. The weaker the union presence, the worse they act. It’s like little kids who only behave when there’s an adult in the room and then are hell bent on destruction the second they think the coast is clear. Maybe those kids are today’s management. Wouldn’t be surprised.
It’s a wonder anything gets done in this country any more. I know the Service is notorious for bad management, but most other places can be just as brutal. And to think there are people who think unions are bad. You’d be getting about $3 an hour for 12 hour days seven days a week with no vacation, and only Christmas off or maybe Thanksgiving. Big business hates you and you help them by voting for those who are bought and controlled by big business and financial institutions. You get what you deserve for believing FOX News or Rush Limbaugh, but the rest of us don’t.
What? The USPS has violated a contract. Do tell. It seems to be an ongoing thing for them to violate contracts.
SO < what's new here ? Just ask Part Time Flexies circa mid 1970ies !