The issue in this National Level Arbitration were the changes made to Employee & Labor Relations Manual. On June 19, 1998, the APWU submitted the following appeal to arbitration to John Potter, then Vice President of Labor Relations, at the Postal Service: RE: APWU # A19-G1998-1, Changes to Employee & Labor Relations Manual. In addition to this Article 19 appeal, which is the subject of the present arbitration proceeding, the Union also initiated an Article 15 grievance at the Step 4 level concerning the Postal Service's "refusal and failure to notify the Union of changes in the Employee & Labor Relations Manual."
Award Summary: Arbitrator Das determined that the Postal Service failed to provide proper notification of certain changes under Article 19, and that it also constituted a violation of Section 8(a)(5) of the NLRA because the Union's waiver of its right to bargain, was qualified by the notice provisions of Article 19. However, he ruled that the appropriate contractual remedy under all relevant circumstances was merely to permit the Union to challenge in arbitration, any of the changes incorporated in ELM 13 that were either implemented prior to April 24, 1998 (with the exception of those changes the Union acknowledged receiving 60 days' advance notice of), or those first included in ELM 13 that were not flagged or identified in the April 24, 1998 transmittal. The Arbitrator also concluded that this contractual remedy, was also an appropriate remedy for any violation of Section 8(a)(5) of the NLRA that occurred in this instance.
Document Type: National Arbitration
APWU National Grievance Number: Q94C4QC98092869
Arbitrator Name: Shyam Das