Clerks in Small Offices to Receive Back Pay If Supervisors Worked in Excess of Limits in Contract
In a decision [PDF] issued Oct. 16, Arbitrator Shyam Das ruled that APWU members are entitled to retroactive pay for time postmasters or supervisors performed craft duties in excess of limits outlined in the Collective Bargaining Agreement.
“This decision is an important victory for the APWU,” said Director of Industrial Relations Mike Morris. “We have fought long and hard to protect jobs and increase work hours for clerks, especially in small offices. This decision will result in back pay for union members who were denied work opportunities as a result of contract violations. I hope postal managers take note of the cost of their failure to honor the contract,” he added.
APWU President Cliff Guffey praised the ruling. “This is one more example of the union working for you,” he said.
The dispute arose when the APWU sought a monetary remedy for contract violations that occurred between May 23, 2011, when the contract was signed, and March 29, 2013, when Arbitrator Das sustained a related grievance [link – below]. In the March decision, Das agreed with the union’s interpretation of the so-called “Global Settlement,” which is part of the 2010-2015 contract. He agreed that all time postmasters or supervisors spend staffing the window must be counted towards the limit and, in the absence of a clerk, all time a window is open must be counted, regardless of what other duties the postmaster or supervisor may perform during that period.
Following the March award, the APWU and management discussed the appropriate remedy for the violations that had already occurred, but were unable to reach agreement. They returned to Arbitrator Das to settle the matter.
At the hearing, the USPS argued against a 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, noting that during the period in question “the union and the employees it represents did not get the benefit of its bargain with the Postal Service.”
The union also asked the arbitrator to instruct management to provide the APWU with documentation necessary to establish that violations of the limits occurred. Das granted the union’s request and ordered the USPS to provide the records within 90 days of his award.
The Global Settlement stipulates that postmasters may perform up to 15 hours per week in Level 18 post offices and up to 25 Hours in Level 15 and Level 16 offices.
The postmaster in Etna Calif is doing clerk that he is not supposed to be doing.He begins his work day at 7:30 and works to 5:30 eating his lunch at his desk and jumps up when a customer comes in.In the meantime the clerks get sent home after 4 hrs of work.Where is the Union settlement that the are supposed to abide by.
Well I hope someone comes to Newport News Virginia 23608 and watch how many hours a day that the supervisors and manager and even the Postmaster literally work the side window fetching parcels and accountable mail all day long!!! They even ware a blue vest so they look like craft employees. ….
Joey Jo Jo Shabadoo-Stupid fool always propping Donahoe stooge Guffey and his loser lackeys in the outgoing APWU “Leadership”.Thankfully,the APWU members booted them out before they could do more damage with more giveaways in the next CBA.Cliff Goofy and Mike Moron,worst union leaders EVER.
Huge win for APWU. Arbitrator Das previously ruled that the limits on management doing clerk work are valid and must be adhered to. This award gives some teeth to that decision. It definitively establishes that monetary penalties are appropriate for these violations.
Good award and good job by the APWU advocates. Yet another positive step in the right direction.
Too bad the Burrus-ites voted them to “clean house” because the potential for more big wins was a real possibility.
What they don’t tell you in this magical decision from never never land…and there will be no settlement in cash because there is no money in the Postal System. How can you give a monetary settlement of this size when there is no cash and what is the point here?
We should settle this case by giving clerks free stamps. It’s the right thing to do.
This is so beyond stupid and it will not change one single thing. All these Clerks have moved on…I am one of them.
Like Royal mail we are headed someplace that is not nice.
forgetting maintenance again!
This is a great settlement but it is not enough to make up for the losses the new and future career employees will sustain due to the contact that contained Global Settlement. That is when they can obtain status as career instead of what I still call extended casuals or TEs.