The Postal Service violated Article 19 by failing to follow the procedures of ELM 233.2 in relying on private sector wage comparisons to rank the Customer Care Agents at Levels 4, 5, and 6, rather than at Levels 6, 7, and 8, found to be appropriate by the OE Department, which applied ELM Section 233.2. Contrary to the arguments of the Postal Service, its reliance on private sector wage comparisons was not justified by the Postal Reform Act or the alleged overall intent of the 2010 Agreement to insource work to the APWU bargaining unit only when bargaining unit employees can perform that work at a cost equal to or less than private sector employees. As an appropriate remedy for its violation of Article 19, the Postal Service will be directed to place all Customer Care Agents, Tier 1; Customer Care Agents, Tier 2; and Customer Care Agents, Lead, at Levels 6, 7, and 8, respectively. The employees in these positions shall also be made whole for lost pay and benefits resulting from their improper position ran kings.
Document Type: National Arbitration
Craft: Clerk
Arbitrator Name: Stephen Goldberg