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Step 4 Issues and Disputes

Dispute Over Individual Retirement Counseling Appealed to Arbitration

(08/18/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's unilateral decision that resulted in the discontinuation of established local methods of providing individual retirement counseling to bargaining unit employees.

Excessing Dispute: Separation of Casuals, Regardless of Craft, Appealed to Arbitration

(08/18/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's obligation to separate all casuals, regardless of craft, to the extent that it will minimize the impact of excessing on regular (full-time or part-time) work force employees.

Dispute Over Data Security Breaches/Missing USPS Laptops Appealed to Arbitration

(08/18/08) The APWU has appealed to national-level arbitration a dispute over the Postal Service's security breaches of sensitive postal employee data resulting from missing or stolen postal laptop computers. It is the APWU's position that sensitive employee data (e.g. social security numbers) should not be stored on portable computing devices. In addition, the union is asking, as a remedy, that the Posatl Service provide Identity Theft Insurance to impacted employees.

Dispute Over USPS FMLA Recertification Requirements Appealed to Arbitration

(08/11/08) The APWU has appealed to arbitration a dispute over the Postal Service's policy of requiring employees to automatically submit new medical certification for an FMLA-covered condition simply because the leave year has ended and a new leave year has begun. It is the APWU's position that this policy violates the Collective Bargaining Agreement, FMLA regulations and the mutually accepted past practice.

Dispute Over Restrictions on Casuals Hired for Dual Assignments Appealed to Arbitration

(08/11/08) The APWU has appealed to arbitration a dispute concerning whether the provisions of Article 7.1.B.3 of the National Agreement that prohibits casuals from performing assignments that require training and testing includes PMRs (Postmaster reliefs) with dual appointments when used as casuals, and also whether these restrictions are limited to 200-man year installations.

Dispute Over USPS Refusal to Accept FMLA Medical Certification Appealed to Arbitration

(08/01/08) The APWU has appealed to arbitration a dispute over the Postal Service's refusal to accept medical certification for chronic conditions covered under the Family and Medical Leave Act if not submitted at the time of the absence. It is the APWU's position that employees may submit medical certification notifying the employer of a serious health condition before an absence or leave begins. It is the APWU's position that this fulfills th employees obligation under the FMLA to provide the employer with notice as soon as practicable.

Dispute Filed Over USPS Failure to Provide Notification of Subcontracting to Locals

(06/05/08) The APWU has initiated a national-level dispute over the Postal Service's failure to comply with their obligations under Article 32.1.C of the National Agreement to furnish notification to locals of subcontracting of bargaining unit work at the local level. The dispute follows the Postal Service's response to an earlier inquiry regarding management's understanding of their obligations under Article 32.1.C.

New USPS "Observation of Work Practices" Forms Appealed to Arbitration

(05/05/08) The APWU has appealed to national level arbitration the creation of two new USPS "Observation of Work Practices" forms. It is the union's position that the observation forms are redundant and also conflict with Chapter 8 of the ELM and Section 8-14 of the Handbook EL-801, Supervisors Safety Handbook. Furthermore, it is the union's position that these forms are records covered under the Privacy Act; however, the Postal Service was unable to identify the System of Records under which these forms would be protected.

Dispute Filed Over Postal Service Data Security Breaches/Missing Laptops

(03/06/08) The APWU has filed a national-level dispute over the Postal Service's data security breaches involving missing or stolen laptop computers containing personal and confidential information of APWU bargaining unit employees. It is the union's position that the Postal Service has failed to take the necessary corrective action to eliminate these data security breaches by ensuring that sensitive employee information is not stored on portable computing devices. It is also the APWU's position that when a data breach occurs, the Postal Service should provide impacted employees with identity theft insurance.

Dispute Filed Over Automatic Recertification Requirement for FMLA-Covered Condition

(02/25/08) The APWU has filed a national-level dispute over the Postal Service's practice of requiring employees to automatically provide new medical certification (recertification) for a serious health condition with the first absence in a new leave year, simply because the old leave year has ended and a new leave year has begun. It is the APWU's position that once an employee has provided the Postal Service with an FMLA medical certification, it is improper for the Postal Service to automatically require recertification simply because a new leave year has begun.

Dispute Over Priority Scheduling for Overtime
Is Appealed to Arbitration

(02/21/08) The APWU has appealed to arbitration a dispute over whether it is a violation of Article 8, Section 5.H, of the National Agreement when the Postal Service does not schedule full-time employees on the Overtime Desired List (OTDL) for overtime work prior to scheduling casual employees for overtime work and, if so, what is the appropriate remedy. 

Dispute Over Limitations on Casual Employee Assignments is Appealed to Arbitration

(02/21/08) The APWU has appealed to arbitration a dispute involving the provisions of Article 7, Section 1.B.3 of the National Agreement that prohibit casual employees from performing assignments requiring training and testing. The issue concerns whether the restriction is limited to positions contained in Article 37.3.F.5 and 37.3.F.7 of the National Agreement.  The APWU's position is that the language in Article 7.1.B.3 that references Article 37.3.F.5 and 37.3.F.7 is illustrative in nature and not intended to limit the scope of the prohibition against casuals working jobs that require training and testing. 

Dispute Filed Over Sunday Premium
For Administrative Leave

(02/21/08) The union has initiated a national dispute over whether an employee who is on administrative leave is entitled to Sunday Premium pay for hours he/she would have otherwise worked on Sunday.  The APWU's position is that an employee on administrative leave is entitled to be paid for all hours he/she would otherwise have worked during a scheduled tour that includes any part of Sunday.

Dispute Initiated Over New Electronic Form
For Reporting Accidents

(02/21/08) The Postal Service's improper creation, handling and utilization of a new electronic PS Form 1769 for reporting accidents is the subject of a recently initiated national dispute.  The new electronic form, which is completed by postal supervisors, includes confidential and restricted information such as the employee's social security number and medical diagnosis.  The APWU's position is that the recording of an employee's social security number and diagnosis are not necessary for the purpose of reporting an accident, and therefore should be removed from the form.  The APWU has also filed an unfair labor practice charge over the Postal Service's failure to provide the union with requested information regarding this form.

Dispute Over PMRs with Dual Appointments as Casuals Working in Skilled Positions

(02/21/08) A national-level grievance has been filed concerning the use of non-bargaining unit employees (PMRs) with a dual appointment as a casual being utilized in assignments requiring training and testing in violation of Article 7.1.B.3 of the National Agreement.  The APWU's position is that the Article 7.1.B.3 restrictions on casuals performing assignments requiring training and testing apply to all casuals, regardless of the installation size as well as to any non-bargaining unit employees with a dual appointment as a casual. 

Dispute Over Subcontracting AMC Work

(06/08/07) The APWU recently initiated a Step 4 dispute over the Postal Service’s proposal to subcontract bargaining unit work (tender and receipt of mail) at 14 Air Mail Centers/Facilities. The union’s dispute asserts in part that the Postal Service failed to meet and afford the APWU the opportunity to provide our views on costs and other factors, as well as to submit proposals to avoid subcontracting and to minimize the impact of any subcontracting, during the development of the initial Comparative Analysis Report.

Dispute Over Reporting Rules for Sex Offenders

(06/08/07) The APWU has appealed to arbitration a revision to ELM Section 665 which requires employees on a public registry of sex offenders to report their status to management. The union’s appeal asserts that the proposed language fails the fair, reasonable and equitable test of Article 19, and that the real purpose of the self-reporting requirement is to serve as a means to discipline or remove employees for failing to report their status - even though the off-duty conduct may not itself warrant discipline or removal.

Dispute Over Limitations on Casual Employee Assignments

(03/02/07) This dispute concerns the proper interpretation of the MOU on Supplemental Workforce; Conversion of Clerk Craft PTFs from the 2006 National Agreement as it relates to the limitations on casual employee assignments. The APWU's position is that the bracketed phrase in paragraph 13 of the MOU which states "[reference Article 37.3.F.5 positions and Article 37.3.F.7]" is illustrative only and does not limit the scope of the prohibition against casuals working jobs that require training and testing.

Dispute Over Unilateral Elimination of Local Individual Retirement Counseling

(03/02/07) This dispute concerns revisions to Employee and Labor Relations Manual (ELM) Sections 569.1 and 589.1, Retirement Counseling. The APWU's position is that the elimination of previously established individual retirement counseling at the local level violates past practice, the collective bargaining agreement, and the intent of the parties' Step 4 settlement in case Q00C-4Q-C06054413.

Dispute Over Deficiencies in the Casual Compliance Report

(03/01/07) This dispute concerns deficiencies in the Casual Compliance Report provided to the APWU for purposes of monitoring compliance with contractual limitations on the hiring of casuals. The APWU's position is that the restrictions in the 2006 National Agreement refer specifically to the number of casuals in the Clerk Craft in an installation and the number of casuals and employees per District. The APWU is requesting that the Postal Service provide a report that reflects the numbers needed to monitor compliance with the new restrictions.

Dispute Over Reassignments of Partially Recovered Employees

(02/01/07) This dispute concerns the reassignment of employees partially recovered from a compensable job-related illness or injury and whether managements efforts to find medically suitable work are limited to the local commuting area. The APWU's position is that the reassignment of an injured Postal Service employee who partially recovers more than one year from the date eligibility for compensation beings should not be limited to the local commuting area, and that such reassignment should be made available agency wide.

Dispute Over Information Security Handbook

(10/25/06) The APWU initiated a national dispute over the Postal Service's announcement of revisions to the AS-805 handbook governing Information Security. The revised handbook restricts employees from bringing personal information resources (e.g. laptops, notebooks, PDAs, handheld computers and USB port devices such as flash memory sticks) into postal facilities. The union is concerned that the new restrictions may adversely impact the union's ability to perform its duties.

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