In this particular National Level Arbitration, the parties could not agree to specific language for the interpretive issue. ln the absence of an agreed-upon statement of the interpretive issue for decision, the Arbitrator stated that issue to be:
ln discussions with the Postal Service concerning whether the union will concur in a Postal service request to pay hourly PSE wage rates higher than those set out in the PSE MOU, is the Union limited to
discussing the wage rate proposed by the Postal service and any alternative wage rate proposed by the Union?
It was the position of the Postal Service that this sentence should be interpreted to preclude the Union from conditioning its concurrence on issues other than those related to the amount of the hourly rate proposed by the Postal Service. It was the Union's position that it was free to insist on whatever demands it wishes as a condition to its concurrence.
Award Summary: Arbitrator Goldberg ruled that Section 1.g. of the MOU Re Postal Support Employees, after setting out the hourly rates for PSEs, contains the following sentence: Should it be necessary for recruitment or retention of PSEs, the Postal Service may pay higher hourly rates, with the concurrence of the Union. Based upon the language and bargaining history of the sentence in dispute, he concluded that the Union may condition its concurrence on a Postal Service proposal to increase PSE wage rates solely upon matters reasonably related to the Postal Service's proposal, including, but not limited to, the amount of the proposed increase.
Document Type: National Arbitration
APWU National Grievance Number: Q11VC4QC12180389
Arbitrator Name: Stephen Goldberg