2017-06-07 Goldberg National Award on POStPlan Staffing - PMRs and PSEs

A. The Postal Service shall make whole all employees who have improperly been denied Clerk Craft work as a result of the Postal Service failure to comply in a timely fashion with the POStPlan MOU. The number of hours improperly denied Clerk Craft employees shall be determined in the first instance by Postal Service records which, on their face, show PMRs working in Level 4 or Level 6 RMPOs subsequent to December 22, 2014. Those PMR hours which the Postal Service can prove were spent in performing work outside the Clerk Craft jurisdiction, or in performing window work in the unavailability of any trained Clerk Craft employee to perform that work shall be excluded from the calculation of hours improperly denied Clerk Craft employees. . The burden of proving that PMR hours fall within this exclusion shall be upon the Postal Service. B. At all Level 18 offices at which Clerk Craft work was performed after the MOU implementation date by PSEs, all Clerk Craft career employees shall be made whole for work denied them as a result of the Postal Service failure to comply in a timely fashion with the POStPlan MOU. The procedure to be followed in determining the amount of this make-whole remedy shall be the same as that set out in this Award for Clerk Craft employees denied work by the Postal Service failure to comply in a timely fashion with the POStPlan MOU at RMPO Level 4 and 6 offices. C. The matter is remanded to the parties in order that they may determine the number of hours to which Clerk Craft employees are entitled, as well as the appropriate payment to each affected employee. This determination is to take place at the National level, except to the extent the parties agree to utilize local resources and personnel to assist them. D. The Arbitrator retains jurisdiction of this matter to resolve any matters of interpretation or application that the parties cannot resolve, including the 4 hours worked and appropriate payment to affected employees. In the event that the parties have not completed their determination of the amounts to be paid within 90 days of the issuance of this Award, either party may request the Arbitrator to assert his retained jurisdiction.

POStPlan , POStPlan Staffing

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A. The Postal Service shall make whole all employees who have improperly been denied Clerk Craft work as a result of the Postal Service failure to comply in a timely fashion with the POStPlan MOU. The number of hours improperly denied Clerk Craft employees shall be determined in the first instance by Postal Service records which, on their face, show PMRs working in Level 4 or Level 6 RMPOs subsequent to December 22, 2014. Those PMR hours which the Postal Service can prove were spent in performing work outside the Clerk Craft jurisdiction, or in performing window work in the unavailability of any trained Clerk Craft employee to perform that work shall be excluded from the calculation of hours improperly denied Clerk Craft employees. . The burden of proving that PMR hours fall within this exclusion shall be upon the Postal Service. B. At all Level 18 offices at which Clerk Craft work was performed after the MOU implementation date by PSEs, all Clerk Craft career employees shall be made whole for work denied them as a result of the Postal Service failure to comply in a timely fashion with the POStPlan MOU. The procedure to be followed in determining the amount of this make-whole remedy shall be the same as that set out in this Award for Clerk Craft employees denied work by the Postal Service failure to comply in a timely fashion with the POStPlan MOU at RMPO Level 4 and 6 offices. C. The matter is remanded to the parties in order that they may determine the number of hours to which Clerk Craft employees are entitled, as well as the appropriate payment to each affected employee. This determination is to take place at the National level, except to the extent the parties agree to utilize local resources and personnel to assist them. D. The Arbitrator retains jurisdiction of this matter to resolve any matters of interpretation or application that the parties cannot resolve, including the 4 hours worked and appropriate payment to affected employees. In the event that the parties have not completed their determination of the amounts to be paid within 90 days of the issuance of this Award, either party may request the Arbitrator to assert his retained jurisdiction.

Document Type:  Award

Craft:  Clerk

Arbitrator Name: Stephen Goldberg

Tags: POStPlan , POStPlan Staffing

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