This is a summary of Regular Panel Arbitrator Kathy Durham in case H06T-1H-C 08353750 and H06T-1 H-C 08353726 regarding the Postal Service’s non-compliance with the national settlement agreement which resulted from National Award of Shyam Das’ decision involving custodial staffing. The Postal Service framed the issue as, “Did Management violate the National Agreement and the Das Award (Q98C-4QC 02013900) settlement agreement by not creating PS Forms 4776-Preventive Custodial Maintenance Route?” The Union framed the issue as, “Did Management violate the National Agreement and the Das Award (Q98C-4QC 02013900) settlement agreement by not posting the two custodial positions identified on the March 22, 2008 “Approved Custodial staffing package”?
The arbitrator sustained the Union’s grievance by concluding:
The PS Form 4776s – Preventive Custodial Maintenance Routes- at issue were not finished at the time of the arbitration hearing. The staffing package approved on March 22, 2008, called for 55 custodians, an increase of 2. The two new positions should have been posted by March 30, 2008 and filled no later than April 26, 2008. They were not posted until August 28, 2008 and not filled until September 13, 2008. Cleaning of the high bays has now been reassigned to Maintenance Mechanics . . .
The Union’s evidence tends to demonstrate that between 4 and 7 employees should have been hired, and were not, as a result of management’s delayed compliance.
The Arbitrator provided the following remedy based on the clear violation of the Staffing requirements:
To remedy the harm to particular employees directly impacted and to the class, the following remedies are awarded:
1. $6,000.00 to the Union for lost dues for the relevant time period for “workers” whom management failed to hire. This shall be used for representational purposes.
2. Out-of-Schedule pay for the four employees who bid new jobs for the relevant time period.
3. Overtime pay for any Jacksonville NDC custodian on the ODL who was available to work during the relevant time period.
4. $7,000.00 to the Union to be used for representational purposes to benefit the craft/class as a whole.