Arbitrator Stephen B. Goldberg ruled [PDF] on Aug. 1 that employees represented by the APWU who transfer to or are excessed into non-APWU crafts may not carry the protection against layoffs they have earned under the APWU Collective Bargaining Agreement to their new crafts. Career employees in all crafts currently earn lifetime protection against layoffs after six years of “continuous service,” but all career employees represented by the APWU enjoy protection against layoffs, regardless of their length of service — provided they were on the rolls as of Nov. 21, 2010.
The dispute arose after the APWU and USPS concluded negotiations on the 2006-2010 Collective Bargaining Agreement, which included a Memorandum of Understanding (MOU) that extended protection against layoffs to regular workforce employees — including those with less than six continuous years of service — provided they were on the rolls as of Nov. 20, 2006. The APWU negotiated a similar MOU during bargaining for the 2010-2015 contract, extending protection for the life of the contract to career employees who were on the rolls as of Nov. 21, 2010.
In the case before Arbitrator Goldberg, the APWU argued that the APWU’s protections should continue to apply to APWU-represented employees if they are reassigned to the Letter Carrier or Mail Handler Crafts.
Although the NALC and NPMHU contracts include lifetime protection against layoffs after six continuous years of service, they do not include MOUs covering those with less than six years. The National Association of Letter Carriers (NALC) and the National Postal Mail Handler Union (NPMHU) began contract negotiations one year after the APWU and sought to extend protection against layoffs for the employees they represent, but have so far been unable to reach agreement with the USPS.
Arbitrator Goldberg concluded that if these other unions achieve the same protections as the APWU, employees who transfer or are excessed into the NALC or NPMHU crafts “would be protected from layoff under one MOU or another, and it would make no practical difference which MOU provided that protection.”
Goldberg also ruled that, “The general rule that an employee’s rights under a collective bargaining contract do not travel with the employee if he/she moves to a different bargaining unit covered by a different contract can be overridden by an employer and union who wish to negotiate rights that will continue in effect after the employee has left the bargaining unit. There is, however, the practical problem that it may be difficult or impossible for an employer to comply with a commitment to provide enforceable rights to an employee entering another bargaining unit with which the employer has a collective bargaining contract without either violating the contract rights of employees in the transferee unit or being forced to engage in unproductive conduct in order to comply with its commitments under both contracts.”
“We knew this case would be difficult,” said Mike Morris, director of Industrial Relations, “but we thought it was worth a try. Most importantly, APWU employees will now know exactly where they stand when choosing to transfer to or accept an assignment in another craft while being excessed.”
You still better off as a carrier or mailhandler…They still get raises and colas…..
My God, Nimrod, someone who actually has some common sense and sees the writing on the wall.
Lack of vision by blind politicans, unions and management groups is the key factor in the demise of the USPS. The 3rd quarter report had one positive note in reporting 5.2 billion dollar loss and that was 9% revenue increase in parcel and shipping. Hand writing on the wall consumer demand determine revenue generation for any company. The USPS should direct efforts to go with business trends in the 21st century and direct efforts cost effective to breakeven. This would require eliminating 6 day street delivery of advertising junk mail. Tremendous savings on vehicle-fuel cost and delivery workhours. Closing community/neighborhood post officies that once has a need but the need for small community post officies within a 6-7 mile radius of each oyjer and a higher level 21-22 offices in the town or city that provides HCR delivery of mail to these offices is a waste as many have no rural deliver and postmasters with $56000, $72,000 for selling stamps and boxing mail. Nationwide this a a costly non needed cost that is a product of the 20th century. Advance technology in communications has decreased the need for the USPS to provide written communication per purchasing a postage stamp for 1-3 delivery to a physical address. Electronic mail as reflected in decline in revenue for first class mail has diminished the need of the USPS to provide communications for individuals and businesses. Business and individual communications is instant via computer technology and news apps are being introduced to the market daily. USPS must concentrate on a market where demand for their services has possibilities. Parcel business is rapidly increasing as online purchasing is a rapidly increasing market. Expedited mail is a lucreative market as FED X has demonstrated by increasing cost for expedited mail. Express and priority mail have possibilites as many customers will pay additional postage to receive articles from online shopping. have possibilites. USPS and UPS could consolidate parclel delivery and increase revenue for both companies. USPS delivering parcels for UPS that are not cost effective for UPS to make delivery and USPS is delivering to every address that has an address and a mailbox.
Increasing revenue and reducing cost is essential for the USPS to continue to exist as loosing 25 million dollar a day cannot be passed on to tax payors. In order for USPS to ever reach a breakeven point the services provided must be reduced to meet demand which is decreasing resulting in decreasing revenue and increase cost which equals a loosing red negative bottomline.
Time to take it to the streets!
To All Members:
Have you ever seen the movie FIST? We need to contact the
FBI and the Attorney General and have an investigation initiated on
Cliff Guffey and put his ass behind bars for Union Corruption.
If Guffey takes our money and gives it to his friends as a buyout
gift he needs to put in jail and the FBI should be the ones to put
him there.
The ELM states that any career USPS employee that is involuntarily separated is eligible for severance pay. One week for the first ten years and one week for every two in excess of ten. A twenty year employee would walk away with over 15K. It wouldn’t replace a paycheck, but I don’t see the USPS dishing the bucks.
Is the Pig Guffey, afraid to talk, because he will lie and arrogantly tell you that you could have been out of here like the Mail Handlers?, yes , ask Burrus, ask your NBA, the APWU was offered the VER and Incentives in May, it was turned down under a premise it would not be paid or something to that effect, this came from reliable management sources in those “negotiations”, now King Guffey heads for the feast in LA, the APWU had a plan to thwart the VER-VSIP, to keep the dues rolling in until some of the National could bail out now, this 40k that Burrus talks about was part of the plan, in order to gather the monies to pay as a parting bonus with sick leave and vacation leave and you name it!, the denial in May was intentional, what Burrus talks about is the reason, the National is gathering in the dollars in order to bailout so many National officers at a time, tells you what is coming, all that work back is crap from the mouth of Guffey to mask the bailout by the national, just wait till the feast in LA.
This said while Stevieg try’s to take his nap in the corner.
Not me!
How many clerks actually became carriers???? I doubt many, that means they would actually have to leave the building and give up their nap time and actually work.