Clerk Craft Jobs MOU Remedy-Case No. Q10C-4Q-C 15174956

In accordance with the terms of this Settlement Agreement, the parties agree to a full and final resolution and remedy of the pending dispute involving the Memorandum of Understanding (MOU}, Re: Clerk Craft Jobs, Arbitrator Stephen Goldberg's April 21, 2017 Award in case number Q10C-4Q-C 15174956, and grievances held pending the outcome of the issues in the above-referenced national level case as follows: 1. The monetary remedy for the Clerk Craft Jobs MOU will be administered by the parties at the national level. Within 14 days of the signing of this Settlement Agreement, the Postal Service will provide the APWU a list of the employees who were awarded the HR Clerk and Training Technician positions and those employees who were the successful bidders on the subsequent vacancies, to include Postal Support Employees (PSEs) converted to career, when applicable. 2. No later than sixty (60) days from the signing of this Settlement Agreement, the parties will identify the appropriate individual make-whole remedy for those individuals identified in the list provided in paragraph 1 above,· consistent with the above referenced Goldberg award, Section 3, pages 18-19. If the parties· are unable to reach agreement on the appropriate remedy for any individual(s); the issue(s) will be handled by the parties' Alternative Dispute Resolution Process (ADRP). 3. Any reversion grievances that were filed at the local level related to subsequent vacancies created as a result of the posting and filling of the 362 HR Clerk and Training Technician positions will be processed in accordance with Article 15 of the National Agreement. If adjudicated in the Union's favor the remedy will continue with successful bidder/PSE conversion of the reverted position. The parties at the national level will be responsible for identifying the appropriate payee and monetary liability. If the parties are unable to reach agreement on the appropriate remedy, the issue will be handled by the parties' ADRP. Any outstanding issues in reversion grievances filed at the local level that are not directly related to the Clerk Craft Jobs MOU Remedy will be subject to the Article 15 grievance-arbitration process. 4. No later than ninety (90) days from the signing of this agreement, the Postal Service will create a new Clerk Craft job description and qualification standards related to the handling of various government services. Thereafter, the new job description and qualification standards notification to the APWU will be provided in accordance with Article 19 of the National Agreement. The Union reserves the right to challenge the job description and qualification standards, in accordance with Article 19. 5. The Postal Service will establish and post a minimum of 54 duty assignments, as referenced in paragraph 4 above, no later than September 31, 2022 6. Except as provided herein, it is understood by the parties that this Agreement is a full and final resolution of the grievance and dispute set forth in national case number Q10C-4Q-C 15174956. Except as provided in paragraphs 2 and 3 above, the Postal Service will be relieved from any further liability concerning these disputes. 7. The Union has the right to challenge the enforcement of the terms of the settlement agreement. Those issues will be addressed exclusively via the parties ADRP. Additionally, the APWU has a national level dispute regarding the Learning Management System (LMS) and OAYsis, Case No. Q06C-4Q-C 10278913, which includes the elimination of Training Technician positions. If the APWU is successful in the LMS/OAYsis dispute, the fifty-four (54) Training Technician positions created as part of the Clerk Craft Jobs MOU Remedy case will be deducted from any remedy awarded.

Clerk Craft

return to Contract Database

In accordance with the terms of this Settlement Agreement, the parties agree to a full
and final resolution and remedy of the pending dispute involving the Memorandum of
Understanding (MOU}, Re: Clerk Craft Jobs, Arbitrator Stephen Goldberg's April 21,
2017 Award in case number Q10C-4Q-C 15174956, and grievances held pending the
outcome of the issues in the above-referenced national level case as follows:
1. The monetary remedy for the Clerk Craft Jobs MOU will be administered by the
parties at the national level. Within 14 days of the signing of this Settlement
Agreement, the Postal Service will provide the APWU a list of the employees
who were awarded the HR Clerk and Training Technician positions and those
employees who were the successful bidders on the subsequent vacancies, to
include Postal Support Employees (PSEs) converted to career, when applicable.
2. No later than sixty (60) days from the signing of this Settlement Agreement, the
parties will identify the appropriate individual make-whole remedy for those
individuals identified in the list provided in paragraph 1 above,· consistent with the
above referenced Goldberg award, Section 3, pages 18-19. If the parties· are
unable to reach agreement on the appropriate remedy for any individual(s); the
issue(s) will be handled by the parties' Alternative Dispute Resolution Process
(ADRP).
3. Any reversion grievances that were filed at the local level related to subsequent
vacancies created as a result of the posting and filling of the 362 HR Clerk and
Training Technician positions will be processed in accordance with Article 15 of
the National Agreement. If adjudicated in the Union's favor the remedy will
continue with successful bidder/PSE conversion of the reverted position. The
parties at the national level will be responsible for identifying the appropriate
payee and monetary liability. If the parties are unable to reach agreement on the
appropriate remedy, the issue will be handled by the parties' ADRP. Any
outstanding issues in reversion grievances filed at the local level that are not
directly related to the Clerk Craft Jobs MOU Remedy will be subject to the Article
15 grievance-arbitration process.
4. No later than ninety (90) days from the signing of this agreement, the Postal
Service will create a new Clerk Craft job description and qualification standards
related to the handling of various government services. Thereafter, the new job
description and qualification standards notification to the APWU will be provided
in accordance with Article 19 of the National Agreement. The Union reserves the
right to challenge the job description and qualification standards, in accordance
with Article 19.
5. The Postal Service will establish and post a minimum of 54 duty assignments, as
referenced in paragraph 4 above, no later than September 31, 2022
6. Except as provided herein, it is understood by the parties that this Agreement is a
full and final resolution of the grievance and dispute set forth in national case
number Q10C-4Q-C 15174956. Except as provided in paragraphs 2 and 3
above, the Postal Service will be relieved from any further liability concerning
these disputes.
7. The Union has the right to challenge the enforcement of the terms of the
settlement agreement. Those issues will be addressed exclusively via the parties
ADRP.
Additionally, the APWU has a national level dispute regarding the Learning Management
System (LMS) and OAYsis, Case No. Q06C-4Q-C 10278913, which includes the
elimination of Training Technician positions. If the APWU is successful in the
LMS/OAYsis dispute, the fifty-four (54) Training Technician positions created as part of
the Clerk Craft Jobs MOU Remedy case will be deducted from any remedy awarded.

Document Type:  Memorandum of Understanding

Craft:  Clerk

Arbitrator Name: Stephen Goldberg

Tags: Clerk Craft

return to Contract Database

Related Documents

SHOW FILTERS ›

E.g., 01/28/2022
E.g., 01/28/2022

2018-09-05 Step 4 Agreement Re: Clerk Craft Jobs MOU Language - Lead Clerks (HQTG20160017)

September 5, 2018

The parties recently met at Step 4 of the grievance-arbitration process to discuss the above referenced grievance. The dispute was initiated at Step 4 by the American Postal Workers Union (APWU). The time limits were extended by mutual consent. · The issue in this case is whether the language in Section 2 of the Memorandum of Understanding (MOU), Re: Clerk Craft Jobs, requires that Mail Processing Lead Clerk duty assignments be posted one level higher than the majority of employees in the group. As full and complete resolution of this case, the parties mutually agree to the following: In accordance with Section 2, Mail Processing/Customer Service, of the MOU, Re: Clerk Craft Jobs, employees occupying Lead Clerk duty assignments will not direct those employees at the same or higher level in the group to which they are assigned. Those employees that have filed a timely grievance currently being held pending the outcome of this dispute shall receive a payment of one level higher for any hours cited in the grievance that were spent directing employees at the same or higher level in the group to which they were assigned. The local parties are responsible for application of this settlement to pending grievances, including any monetary remedy. The parties further agree that this settlement satisfies those local grievances directly related to the national dispute; however, the local parties may address any remaining contractual issues in accordance with the grievance/arbitration procedure at the local level.

Document Type: National Pre-Arbitration Settlement

Craft: Clerk

Clerk Craft Jobs MOU

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

April 21, 2017

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

Sales Retention Award