The issue in this National Level Arbitration was did the Postal Service violate the Agreement in setting the salary levels for the Customer Care Agents at Levels 4, 5, and 6? If so, what is the appropriate remedy?
Award Summary: Arbitrator Goldberg ruled that 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 Organizational Effectiveness (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 was 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 were also to be made whole for lost pay and benefits resulting from their improper position rankings.
Document Type: National Arbitration
APWU National Grievance Number: Q10C4QC12318440
Arbitrator Name: Stephen Goldberg