APWU: Dispute Over 90 Day Notice of Excessing Appealed to Arbitration
The union recently appealed to national arbitration an issue concerning the employer’s obligation to meet with the union at the regional level no less than 90 days prior to involuntarily reassigning bargaining unit employees outside their craft or installation. The dispute arose when the APWU learned that management at the regional level was taking the position that the Postal Service would no longer provide the Union a 90 day notice when excessing occurs outside the craft or installation. In addition, it was reported that this decision was made at the headquarters level.
Click here for a copy of the Appeal to Arbitration and the parties’ 15-day statements
Dispute Initiated Over 60 Day Excessing Notice to Employees
The union recently intiated a national dispute over management’s failure to adhere to an agreement between the parties that when employees are excessed outside their craft or installation, such employees will be provided notice of a minimum of 60 days. In addition, this notice must include relevant information informing the employee of when and where they will be reassigned. Basic information informing such employees that they will be reassigned to an undetermined location do not meet requirements of the notice.
Click here for a copy of the Union’s national dispute letter
Regional Settlement Reached For Excessed Postal Employees Fired After Failing Driver’s Training
Omar Gonzalez, APWU Western Coordinator Attached please find the Area/Regional Settlement. It provides for a one time opportunity to be offered to former clerk/maintenance employees involuntarily reassigned to the carrier craft and forced to take an exam resulting in separation. This is an optional offer. It is recommended that you make contact with the employee to determine interest. If there is interest the employee should be interviewed first so there is no misunderstanding.
On a one time opportunity the APWU Clerk and Maintenance craft employees who were separated in 2009 and 2010 after being excessed into the letter carrier craft for failing to pass required training/testing will be offered a one time basis to:
We further agree that management and union designees at the District/Local level shall meet to work out any logistical considerations in a timely manner. Issues that remain unresolved at that level shall be elevated to the Area/Regional level for adjudication or appeal. The union will provide management with a list of all eligible employees to be proffered this opportunity within 7 work days from the signing of this agreement. Employees thereafter shall be returned to duty at the beginning of the next pay period.
The settlement shall full and final settlement of appeals filed by employees as a result of the excessing and subsequent separations of these employees
Is This Postal Window Clerk Getting Forced Out of USPS?
In a nutshell, Postal Window Clerk Liz Jones submitted a request to change her work schedule for 3 hrs. once a week and 8 hrs. on Saturday (another window clerk offered to exchange her day off with Ms. Jones) for 4 months to attend school. Ms. Jones wanted to prepare herself for employment outside of USPS due to the excessing taking place in Walnut Creek. The involuntary reassignment would require Ms. Jones to travel up to 200 miles away from her duty office. Management denied her request in the month of August stating that she could not be spared from the window. Shortly after denying Ms. Jones’ request management scheduled another window clerk to work as a 204B. Also, one month later (September) a letter was issued notifying her that she will be excessed from Walnut Creek effective 12/5/09. The following is a letter that Ms. Jones sent to several lawmakers about management’s refusal to grant her request to attend school.
October 4, 2009
Dear Sir/Madam
My name is Ruben Jones, I am a Window Distribution Clerk at the Walnut Creek Post Office. Having been an employee for 11 years I have worked in various positions, Window Clerk, Distribution Clerk, 204B “Supervisor in Training”, Bulk Mail Relief and Business Reply Relief. My positions have been held in five different branches of the Post Office.
The intent of this letter is to inform you of the injustices that are occuring within the Walnut Creek post office. These injustices have caused a hostile work environment which are detailed in the attached documentation. The actions of management have also led me to believe that discriminatory practices are being performed against me in order to hinder my career advancement outside of the post office, once my position has been eliminated due to downsizing of staff within this branch.
In light of the economic situation with the downsizing of businesses nationwide, it is inevitable that the postal service will be effected. For one and half years it has been said the post office will be restructuring based on the need of the business. In knowing this I made the decision to return to school. I made management aware of this in June 2009. I was offered no resistance at that time, but was encouraged to return to school. As of August 12, 2009 I informed management of my intent to return to school by submitting a “Request for Notification of Absence” form detailing the reason I would be needing three hours away from work August 22,2009 due to placement testing. This time was approved by my supervisor. Since completing my placement test and being approved for the course I submitted my schedule change to management on August 28, 2009 along with my course schedule and the modification needed to my work schedule. My request was declined.
In lieu of the modification of my work schedule I was offered a part time regular schedule which only guarantees four hours per pay period or finding employees to cover my shifts. I did find an employee to cover my shift per management’s request but that was also declined. I feel I have not been given the opportunity that management has encouraged me to pursue. On September 30, 2009, I was presented by management a letter in reference to a necessary excess from the Walnut Creek bid installation effective December 5, 2009. This letter references that I can be reassigned up to a 200 mile radius. These are the events that I have occurred since I made the decision to return to school to prepare myself for any economic impacts.
I am asking from the management of the Walnut Creek post office to allow me to prepare myself, my children and my life. In the event that the post office presents me with an offer that will not be feasible, I need to protect both the economic interest of myself and my family.
footnote 1: Management stated my request cannot be granted at this time due to needs of the service. However, on September 29, 2009 management re-posted 16 bids of senior clerks in order to add “window duties” to all bids with only mail distribution. Management’s reasoning for adding window duties–not enough work available each day for clerks in my office. But yet, I am told that I cannot be “spared” to attend school.
footnote 2: Although management issued me an excessing notification letter on September 30, 2009, to date I have not received a list of assignments which are available to bid . I have been told that USPS is giving excessed employees only 2-3 weeks to relocate to new assignments over 100 miles away.
USPS May Excess Over 300 Postal Clerks From San Francisco Performance Cluster
USPS letter to APWU:
This is to advise you of the intent of the San Francisco Performance Cluster to utilize the provisions of Article 12.5.C.5 to involuntarily reassign 150 full-time level 6 clerks from the craft and/or installation at the San Francisco bid cluster based on the AMC/ISC realignment.
The impacted clerks will be notified of their involuntary reassignments by separate letter. Although the final placement date would normally be no earlier than March 5, 2010, it may be necessary to begin the placement process much earlier due to the on-going decline in work load and the current financials of the Postal Service. It may also be’ necessary to utilize the provisions of Article 7.2.B of the National Agreement to detail some or all of the impacted clerks during the notice period in order to provide them with a work opportunity.
By copy of this notice, the Pacific Area will withhold up to 150 full-time residual vacancies in the clerk, carrier, mail handler and custodial crafts in offices and plants within 200 miles of the San Francisco bid cluster for placement of the impacted clerks.
Attached you will find a copy of the Automated Impact Statement and the relevant operational data supporting the need to excess along with a seniority list identifying the impacted clerks. This impact is in addition to the impact from the tour realignment and manual decentralization and the impact. There are 136 full-time clerks who are still pending involuntary reassignment based on these earlier impacts. It is also separate and distinct from the TAlP and work load reductions for which an additional 58 clerks have been identified as being impacted.
http://www.apwu.org/dept/reg-coor/west/090319-/sanfrancisco-amc_isc-impacts090903.pdf
e. Provide Narrative Explaining need for Excessing
The PTR’s work a set schedule of limited hours. Most are working the mimum guarantee of 4 hours per week. There is a separate impact package to support excessing up to 19 PTR’s from the installation.
e. Provide Narrative Explaining need for Excessing
The AMC/ISC realignment and the transfer of the military workload to the LA ISC for processing has resulted in a need to excess 150 full-time clerks from the craft and/or installation.
USPS May Excess Up To 323 Letter Carriers In Los Angeles Performance Cluster
USPS notifed NALC of the following:
This is to advise you of the intent of the Los Angeles Performance Cluster to utilize the provisions of Article 12.5.C.5 to involuntarily reassign up to 315 fulltime carriers and 8 part-time flexible carriers from the craft and/or installation at the selected post offices listed below:
FT Impact PTF Impact
Number Adj Number Adj
for VER for VER
Office
Redondo Beach 8
Palos Verdes 8
Manhattan Beach 1
Malibu 2
Inglewood 5 3
Hawthorne 5
Downey 7
Beverly Hills 3 1
Venice 1
South Gate 2
Santa Monica 11 4
Pacific Palisades 5
Culver City 1
Compton 12
Bell 2
Los Angeles 242
Totals 315 8
The impacted employees will be notified by separate letter of their involuntary reassignments. The final reassignment date would normally be no earlier than February 5,2010. However, given the continuing loss of workload and the current financial condition of the Postal Service, it may be necessary to reassign some or all of the impacted carriers in advance of that date. Additionally, it may be necessary to detail some or all of the impacted carriers during the 60 day notice period in order to provide a work opportunity. If this becomes necessary, we will advise you.
By copy of this notice, the Pacific Area will withhold up to 315 full-time residual vacancies and 8 part-time flexible opportunities in the clerk, carrier, mail handler and custodial craft in offices and plants within a 500 mile radius of the impacted sites. The impacts have been adjusted for the recent VER. Additional adjustments will be made for attrition at the time of placement if appropriate. A copy of the spreadsheet showing the VER retirement numbers in the impacted offices is attached along with the copies of the automated impact statements and the MIARAP impact calculation worksheet completed by operations. Seniority lists identifying the impacted carriers in each office are also attached.
USPS Sacramento District To Excess 107 Letter Carriers
USPS has notifed NALC of its intent to involuntarily reassign up to 107 Letter Carriers in the Sacramento Performance Clsuter
According to the letter:
This is to advise you of the intent of the Sacramento Perfonnance Cluster to utilize the provisions of Article 12.5.C.5 to involuntarily reassign up to 107 full-time carriers from the craft and/or installation at the selected post offices listed below:
The impacted employees will be notified by separate letter of their involuntary reassignments. The final reassignment date would normally be no earlier than February 15, 2009 [editor's note 2010]: . However, given the continuing loss of workload and the current financial condition of the Postal Service, it may be necessary to reassign some or all of the impacted carriers in advance of that date.
Additionally, it may be necessary to detail some or all of the impacted carrier$ during the 60 day notice period in order to provide a work opportunity. If this becomes necessary, we will advise you.
By copy of this notice, the Pacific Area will withheld up to 107 full-time residual vacancies in the clerk, carrier, mail handler and custodial craft in offices and plants within a 500 mile radius of the impacted sites. Copies of the automated impact statements and the MIARAP impact calculation worksheet completed by operations. Seniority lists identifying the impacted carriers in each office are also attached.
OFFICE FT Impact Number
Yuba City . 1
Willows 2
Turlock 1
Tracy 7
Sonora 1
Shasta Lake 1
Selma 1
Riverbank 1
Placerville 1
Patterson 1
Oakdale 2
North highlands 1
Marysville 4
Jackson 1
Gustine 1
Grass Valley 1
Galt 1
Folsom 1
Dunsmuir 1
Dixon 1
Davis I 3
Comino 1
Citrus Heiahts 2
Chico 2
Ceres 2
West Sacramento 1
Fresno 33
Sacramento 18
Stockton 2
Modesto 12
TOTAL 107
USPS Running Amuck With So-Called “Migration Plans”
By Omar M. Gonzalez, APWU Western Region Coordinator
The PMG plans to cut 100,000,000 work hours in 2009 so Area and District managers are running amuck with their so called “Migration Plans.”
Throughout the United States, from Puerto Rico to Hawaii (and all parts in between) management has declared an excess of postal employees and is using the economy and the decline of mail as the excuse to implement, in full force, their Network downsizing.
No employee is immune. Beginning Saturday March 14, 2009 a 15-20% cut in supervisors/managers was implemented, so just about everyone in the Post Office will be affected one way or another. Thousands of postal employees are scrambling for jobs.
The problem is the way in which management is “repositioning” craft employees. Because of union protection against lay off, management has to find jobs for dislocated employees.
Management’s Strategic Plan I (2002-2005) and Phase 2 (2005-2010) and Evolutionary Network Development deal with excess capacity and excess capital. This was before the recession began in 2007 and declared in late 2008.
Network realignment has been part of management’s plan and was included in the report of Bush’s Presidential Commission on the US Postal Service. In June 2008 USPS submitted the Network Plan to the US Congress before the recession was declared.
Network realignment is a major component of the Network Plan issued to Congress. It as three major parts:
• Closure of Air Mail Centers
• Elimination of excess Mail Processing in P & DCs
• Transformation of the BMCs
Vision 2013 is a plan to revamp and/or curtail retail activity by:
• Redirect customers to non postal vendors
• Reduce patron transit time, streamline customer processing
• Expand self-service options
• Relocate retail units, change hours
• Separate Retail from Delivery
• Share space with competitors
• Have carriers do more house calls and provide retail services
• Use more CPUs and establish some Post Office Express (POE)
Management’s mess is going to get worse and not just junior employees will feel the pain of migration. The Union is challenging contract violations but we need your continued support!
note: USPS has expanded the distance in which employees can be excessed from 100 to 500 miles. USPS is also excessing Clerks into letter carrier and other crafts.
Detroit APWU Sues Postal Service Over Improper Excessing, Involuntary Reassignment
On March 6, 2009, the American Postal Workers Union, Detroit District Area Local, AFL-CIO filed a complaint against the U.S. Postal Service in the U.S. District Court for the Eastern District of Michigan. After reading the complaint it appears that local management did not get the PMG Potter memo on honoring the contract. Read on…
Excerpts from the complaint filed:
STATEMENT OF THE CLAIM
The Postal Service’s November 2008 Actions
Plaintiff APWU-DDAL represents bargaining unit employees, including Clerk Craft employees, employed at numerous postal facilities located in the Detroit area.
By letters dated November 17, 2008, Defendant Postal Service notified approximately 200 Clerk Craft employees represented by the APWU-DDAL that they were being involuntarily re-assigned. These Clerk Craft employees work at about 22 different postal facilities. Affected Clerk Craft employees would be re-assigned to different hours and/or off days and could be transferred to different postal facilities. The Postal Service may even attempt to re-assign some of the affected Clerk Craft employees to different Crafts, including the Letter Carrier Craft.
The APWU-DDAL first received notice of the Postal Service’s actions from Clerk Craft employees who called about the letters they had received. On November 24, 2008, the APWU-DDAL finally received copies of the letters sent by the Postal Service to the affected employees.
There are currently many non-unit Letter Carriers represented by a different union who are performing Clerk Craft work within the APWU-DDAL bargaining unit in a limited or light duty capacity. These limited and light duty Letter Carriers are performing Clerk Craft work at the same postal facilities where the affected Clerk Craft employees work. Defendant Postal Service is seeking to abolish bargaining unit Clerk Craft work and involuntarily re-assign Clerk Craft employees without first returning these limited and light duty Letter Carriers to their own Craft.
Defendant Postal Service’s conduct is a violation of its National Agreement (NA) with the American Postal Workers Union and Local Memorandum (LM) with the APWU-DDAL. Defendant Postal Service has violated the NA prohibition against using light and/or limited duty Letter Carriers to perform Clerk Craft work, especially when Clerk Craft employees are being excessed and involuntarily reassigned.
And, the Postal Service failed to give the APWU-DDAL advance notice of its intended action (up to six months notice whenever possible) as required by the NA.
The Postal Service’s December 2008 Actions
On December 12 and 15, 2008, the Postal Service sent letters to about an additional 150 APWU-DDAL-represented Clerk Craft employees announcing that they would be involuntarily re-assigned. All or nearly all of these Clerk Craft employees are employed at the George W. Young postal facility in Detroit.
When the Postal Service sent its letters to Clerk Craft employees, it also sent a letter to the APWU-DDAL notifying the Union of the involuntary re-assignments.
Defendant Postal Service’s conduct is a violation of its NA and LM. Under the NA, the Postal Service was required to give the APWU-DDAL advance notice of its intended action (up to six months notice of possible). And, the Postal Service, although justifying its actions on the basis that the affected Clerks are excess to the needs of their section, has provided no support for this justification and has refused to provide information requested by the APWU-DDAL. In December 2008, the APWU-DDAL filed another class action grievance protesting the actions announced by the Postal Service in its December 12 and 15 letters.
COUNT I – ENFORCEMENT OF ARBITRATION AWARD
Plaintiff incorporates by reference the allegations of the preceding paragraphs by reference.
On February 1, 2008, arbitrator Joseph Cannavo issued an Award in a class action grievance protesting the use of Letter Carriers to perform Clerk Craft work. In granting the class action grievance, Arbitrator Cannavo concluded, among other things, that the Postal Service violated the NA “[i]n 2005 when Clerk Craft employees were excessed [and] Limited Duty Carriers were performing Clerk Craft work and were permitted to continue performing such work after the excessing.” Emphasis added.
In addition to a monetary remedy, Arbitrator Cannavo ordered the Postal Service to “cease and desist from using Carrier Craft employees on a daily basis” to perform Clerk Craft work. Emphasis added.
The Postal Service and APWU-DDAL agreed upon the monetary remedy to be paid under the Cannavo Award. The Postal Service has never sued to vacate the Cannavo Award.
The Postal Service’s actions taken in November 2008 are contrary to and in flagrant disregard of the Cannavo Award’s cease and desist remedy.
WHEREFORE, Plaintiff seeks an order which enforces the Award and prevents Defendant Postal Service from excessing and/or involuntarily re-assigning Clerk Craft employees without first returning the limited and light duty Letter Carriers to their own Craft, and grants such other relief, including but not limited to entry of a preliminary and permanent injunction and an award of attorney’s fees and costs, as is deemed appropriate.
COUNT II – INJUNCTION IN AID OF ARBITRATION
Plaintiff incorporates the allegations of the preceding paragraphs by reference.
Plaintiff APWU-DDAL’s December 2008 class action grievances protesting Defendant Postal Service’s planned elimination of Clerk Craft work and involuntary reassignment of Clerk Craft employees are subject to the mandatory grievance and arbitration procedures of the NA and LM.
Plaintiff APWU-DDAL’s December 1, 2008 class action grievance has merit because the NA precludes the use of Letter Carriers to perform Clerk Craft work on a regular basis, particularly at a time when Clerk Craft employees are being excessed and involuntarily re-assigned.
Specifically, under the NA:
Before involuntarily reassigning full-time employees from a section, the following must be completed: …
Return any limited or light duty employees to other Crafts who are temporarily assigned to the affected sections to their respective Crafts. Joint Contract Interpretation Manual, p. 88. Emphasis added.
The APWU-DDAL will prevail on both of its class action grievances because, among other things, the APWU-DDAL was not provided with proper advance notice of the Postal Service’s actions. Under the NA:
When it is proposed to reassign within an installation employees excess to the needs of a section, union notification shall be at the local level (as much as six months in advance when possible) pursuant to Article 12.B.4. Joint Contract Interpretation Manual, p. 88, emphasis added.
Unless an injunction in aid of arbitration is granted, irreparable injury will occur. Even prior to the Postal Service’s actions, unsorted mail sometimes sat for a week or more in overflowing bins on plant floors. In some cases, such mail has been destroyed. The excessing and involuntary re-assignment of hundreds of Clerk Craft employees will exacerbate the problem with mail delays. The delay in delivering time sensitive materials such as legal documents, sales circulars, resumes, bills and medication can cause irreparable injury which cannot later be redressed through a monetary award.
Also, absent preliminary injunctive relief, the contractual rights of the APWU-DDAL and its members will be destroyed or seriously impaired while the class action grievances are processed to arbitration. The APWU-DDAL’s role as bargaining agent is undermined by the Postal Service’s large-scale contractual violations less than a year after the Cannavo Award was issued. And, affected Clerk Craft employees will suffer major disruptions in their personal lives (child care, etc.) caused by involuntary reassignments.
Unless an injunction in aid of arbitration is granted, arbitration will be unable to undo these effects.
If an injunction in aid of arbitration is granted, Defendant Postal Service will merely be required to comply with the NA and LM and will not suffer legally cognizable harm. And, because Clerk Craft employees provide mail processing and other important functions needed by members of the public, a preliminary injunction will serve the public interest.