The issues raised in this National Level dispute, as articulated by the Union, are as follows:
1. Did the Postal Service violate Section 8(a)(5) of the National Labor Relations Act in failing to bargain with the APWU regarding ergonomic issues with the DBCS?
2. Did the Postal Service violate Article 14 of the National Agreement in failing to bargain with the APWU during the term of the 2006 National Agreement regarding ergonomic issues with the DBCS?
3. Did the Postal Service violate Article 14 of the National Agreement by demanding that the APWU pay the Postal Service for information the Union requested about the DBCS?
Award Summary: Arbitrator Das ruled that the Union had the right under Article 14 to be heard on the DBCS ergonomic issues it presented to the National Ergonomics Committee, and to have the Postal Service respond substantively to the Union's proposals, including any proposals for joint studies, etc. This does not appear to have been fully accomplished, but the evidence does not establish that the Postal Service acted in bad faith or otherwise violated Article 14 of the National Agreement or Section 8(a)(5) of the NLRA. As full compliance with the Article 14 process was not achieved, the parties are directed to reactivate that process, consistent with these findings, to the extent the Union's DBCS ergonomics agenda items remain outstanding.
The remaining issue concerned payment by the Union for information it requested from the Postal Service. The Postal Service did not present specific evidence contradicting Bell's testimony that the Union historically has not been charged for such information. Accordingly, the Postal Service is directed to provide information reasonably requested by the Union in good faith to fulfill its role and obligations under Article 14 in relation to issues before the National Ergonomics Committee without exacting payment for it.
Document Type: National Arbitration
APWU National Grievance Number: Q06C4QC10191368
Arbitrator Name: Shyam Das