Clerk Craft Jobs MOU Remedy Set

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:

MOU on Clerk Craft Jobs

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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:

Document Type:  National Pre-Arbitration Settlement

APWU National Grievance Number:  Q10C-4Q-C 15174956

Craft:  Clerk

Arbitrator Name: Stephen Goldberg

Tags: MOU on Clerk Craft Jobs

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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

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

January 13, 2022

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