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Casual Issues
Burrus Update #3-02, March 12, 2002
The union continues to address management's use of casuals under the limitations imposed by the national agreement. The two lead grievances have been decided in national arbitration and the union prevailed in both cases. The first case addressed management's obligation to separate all casuals whose separation would result in the continued employment of full- or part-time employees when management intends to excess full- or part-time employees. The second case dealt with the contractual restriction on the use of casual employees in lieu of career employees. The union prevailed in both cases. The "in lieu of" decision was the most important casual issue in the past 20 years. It finally resolves the question of the proper use of casuals.
The casual grievances that had been held in abeyance pending the resolution of these national-level cases have been returned to the regional level for application of the national decision or for rights arbitration. They involve millions of dollars in liability. The regional coordinators will begin scheduling these cases and will selectively advance cases to the top of the docket for expedited hearings.
The national union is aware that in many installations, management has not modified their use of casuals in response to the national decisions. This is typical of postal management's attitude to ignore clear contractual terms in order to meet budgetary restrictions. This policy only builds additional liability when the cases are ultimately heard and decided in regional arbitration, however. The national union will provide specially trained advocates to arbitrate the initial group of regional cases to ensure that regional decisions track the interpretive award.
The remaining casual cases are (1) how to count casuals when they are employed for two 90-day appointments in APWU crafts and for two additional 90-day appointments during the same year in other crafts, and (2) the use of temporary employees not identified in Article 7 ("Kelly Girls") as supplemental employees.
The counting casuals case has been arbitrated and was referred to the parties by the arbitrator for resolution. Discussions are continuing and if it is unresolved by March 15, it will be referred back to the arbitrator for a final decision. The "Kelly Girls" case is scheduled for hearing on March 26, and if unresolved, a final decision is expected by late summer.
These decisions will settle the disputes regarding the use of casuals and remove the highest profile issue from interpretive disagreement. As postal management reduces the work force in response to the sluggish economy and in its continuing efforts to reduce costs, these decisions will help insulate the career work force.
The travel pay disputes, the sanctity of local agreements, and management's obligation to explain handbook and manual changes were decided by Arbitrator Stephen B. Goldberg's award on our Collective Bargaining Agreement, so the national priority issues remaining in dispute include the following:
Article 1 - The assignment of bargaining unit work to non-bargaining unit employees.
Article 3 - The requirement of employees to comply with the orders of local or state authorities in emergencies.
Article 6 - The rights of preference eligible employees when excessing.
Article 7 - Working employees between wage levels.
Article 10 - A series of FMLA disputes.
Article 13 - The assignment of non-APWU craft employees to APWU assignments in violation of the craft posting requirements and conversion provisions.
There are also a series of interpretive disputes within the craft articles as well as challenges to handbook and manual changes that will be addressed in national arbitration. However, the number of interpretive disputes has declined dramatically over the past five years as issues of importance have been resolved in national arbitration.
While local management may continue to initiate policies that conflict with the decisions in these important cases, they do so at their peril, as the APWU will pursue appropriate remedies in regional arbitration.
Postal Rate Case
The Postal Rate Commission is expected to render its final decision on or before March 25, 2002, determining whether or not to adopt the settlement agreement between the Postal Service and the major mailers to increase postage rates. The American Postal Workers Union continues to be the only intervening party that opposes the settlement. As previously reported, the APWU's objection is based on our disagreement over the excessive discounts granted to the major mailers.
Postal management has become captive to the major mailers. Instead of serving the interest of the American public, they view themselves as an extension of the major mailers. The Postal Service is operating under the flawed assumption that artificially low rates will generate higher volume. The truth is that a thriving economy is the driving force behind increased volume. For the Postal Service to continue as a viable institution, it is essential that postage rates be set to generate sufficient revenue to cover costs. Subsidizing major mailers and the pre-sort industry with overly generous discounts is a slippery slope that will lead to financial disaster and the ultimate demise of the best postal system in the world.
The Postal Rate Commission has rejected several motions filed by APWU and has denied the union a full opportunity to present its case. We await its final ruling to determine the next course of action.
The struggle continues.
William Burrus
President
