2017-04-21 Goldberg National Award Re: Clerk Craft Jobs MOU - Paragraph 4

A. The Postal Service shall, as soon as reasonably possible, comply with its Clerk Craft Jobs MOU commitment to provide the bargaining unit with 800 administrative and technical positions. B. Jobs created by the Postal Service in compliance with the Award in Sales Retention Team, Case No. Q10C-4Q-C 14011344 (Goldberg, 2016) shall not count towards the number of jobs provided to the bargaining unit under the Clerk Craft Jobs MOU. C. The Postal Service shall make whole all employees affected by its violation of the MOU by providing each with all pay and benefits lost as a result of that violation. Employees affected by the violation include those employees who would have successfully bid on one of the promised administrative or technical positions at the time that those positions should have been filled. Also included among the employees affected by the violation are those who would have been the successful bidders on the vacancies created by the employees who would earlier have been placed in an administrative or technical position had the Postal Service complied with the MOU in a timely fashion. D. The Postal Service should have fully complied with the MOU by August 1, 2013. Its liability for loss of pay and benefits to employees affected by its violation of the MOU shall commence on that date. E. The Postal Service may deduct from back pay awards under this Award the amount of Union dues owed by the employees receiving such awards, transmitting those amounts to the Union. F. The issue of whether the amount of back pay and benefits due to affected employees should be determined at the 4 national level or the local level is remanded to the parties for further discussion and resolution. G. The Arbitrator retains jurisdiction over this matter to resolve any issues related to the Decision and Award, including, but not limited to, the issue remanded to the parties.

Sales Retention Award

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A. The Postal Service shall, as soon as reasonably possible, comply with its Clerk Craft Jobs MOU commitment to provide the bargaining unit with 800 administrative and technical positions. B. Jobs created by the Postal Service in compliance with the Award in Sales Retention Team, Case No. Q10C-4Q-C 14011344 (Goldberg, 2016) shall not count towards the number of jobs provided to the bargaining unit under the Clerk Craft Jobs MOU. C. The Postal Service shall make whole all employees affected by its violation of the MOU by providing each with all pay and benefits lost as a result of that violation. Employees affected by the violation include those employees who would have successfully bid on one of the promised administrative or technical positions at the time that those positions should have been filled. Also included among the employees affected by the violation are those who would have been the successful bidders on the vacancies created by the employees who would earlier have been placed in an administrative or technical position had the Postal Service complied with the MOU in a timely fashion. D. The Postal Service should have fully complied with the MOU by August 1, 2013. Its liability for loss of pay and benefits to employees affected by its violation of the MOU shall commence on that date. E. The Postal Service may deduct from back pay awards under this Award the amount of Union dues owed by the employees receiving such awards, transmitting those amounts to the Union. F. The issue of whether the amount of back pay and benefits due to affected employees should be determined at the 4 national level or the local level is remanded to the parties for further discussion and resolution. G. The Arbitrator retains jurisdiction over this matter to resolve any issues related to the Decision and Award, including, but not limited to, the issue remanded to the parties.

Document Type:  National Arbitration

Craft:  Clerk

Arbitrator Name: Stephen Goldberg

Tags: Sales Retention Award

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