National Arbitration Award: Article 32; Subcontracting (2013)

Subcontracting , Article 32.1.C

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The issue in this National Level Arbitration was Article 32, Section 1.C which was first agreed to in the 2006 National Agreement. At the outset of the 2006 negotiations, the Union proposed that the Postal At the outset of the 2006 negotiations, the Union proposed that the Postal Service be required to provide local unions with advance notice of proposed subcontracting of local work. Somehow, on the evening of the last day of negotiations the language substitution of "Field level" for "Local level" was made, resulting in the present dispute.

Award Summary: Arbitrator Das ruled that the record in this case included Article 32 Due Consideration Worksheets routinely completed at the local level when a decision is made at that level to contract out what the Postal Service characterizes as "run of the mill" work. Therefore, even taking the SlAG guidelines into account, the evidence does not support the Postal Service's argument that the Union had reason to know of the interpretation the Postal Service asserts it attached to the term "Field level" in Article 32.1.C during the 2006 negotiations, and, objectively, it must be concluded that the term "Field level" as used in that provision includes local, as well as district and area decision making. Accordingly, the Union's position in this case that Article 32.1.C required notification to the local union of decisions to subcontract bargaining unit work at local installations made at the local, as well as district or area, level was sustained.

Document Type:  National Arbitration

APWU National Grievance Number:  Q06C4QC08228294

Arbitrator Name: Shyam Das

Tags: Subcontracting , Article 32.1.C

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