Ask the President

Question:

In Flushing we currently have 70 residual vacancies in the Clerk Craft. Some of them have been residual vacancies since 2006; 32 are mail processing positions on Tour 1. Management has used 32 casuals to cover these residual vacancies for about a year, and management has not hired a clerk in Flushing in more than seven years.

Under the 2006-2010 Collective Bargaining Agreement, we cannot file “casual in lieu of” grievances, which protest the hiring of casuals instead of career employees. I have filed a grievance for the dues the union has lost as a result of management’s failure to hire career employees.

What else can I or the national union do? (We have no part-time flexibles.)

Joseph, Flushing NY Local

President Burrus:

Thank you for your inquiry about management’s refusal to fill residual duty assignments. I addressed this situation more than 10 years ago, and after long and protracted negotiations, reached agreement with management that once a vacancy is posted for bid it must be filled. I refer you to the “Burrus Book” for the agreements reached on this subject.

Article 37.3.A.1.b.2 stipulates that management’s option to revert a vacant assignment “shall be made not later than 28 days after it becomes vacant.” This language certainly precludes holding a vacancy for over a year (unless a formal notice of withholding of vacancies has been given to the union).

The pecking order for filling an assignment includes the conversion of PTFs or hiring from the appropriate register. Management is not permitted to fill the vacancy with a casual, who continues as a supplemental employee.

The new contractual language waiving the “in lieu of” limitations applies to hiring casuals, not to their use in preferred-duty assignments.

I assume that you have initiated a grievance contesting the withholding of these assignments. I would recommend filing a class-action grievance as well, contesting management’s right to withhold a residual duty assignment beyond the time period for its reversion.

Thank you for your inquiry and for your excellent leadership.

March 11, 2008