Maintenance Wins Significant Award
Recently Arbitrator Arthur T. Voss sustained the union’s grievance in Case #E10T-4E-C 11388721 , known as the Western Area Lock case or the Diebold case. The issue, as framed by Arbitrator Voss, was:
Whether Management violated Article 32 of the National Agreement or Section 535 of the Administrative Support Manual (ASM) when it subcontracted changes and repairs to Neighborhood Distribution Collection Box Units (NDCBUs) and other centralized delivery receptacles in the Western Area? If so, what should the remedy be?
While this was a regional award, the facts involved make it noteworthy and extremely instructive. In this case Western Area managers made a decision to contract out bargaining unit work – changing locks and making repairs to collection boxes – to a company called Diebold.
The USPS Western Area is so large that it included parts of or completely encompassed the representational areas of five Maintenance NBAs, including Chuck Sundgaard, Jimmie Waldon, Troy Rorman, Dean Hathaway and Vance Zimmerman. All five took part in processing the case, with the lead being taken by now-retired NBA Sundgaard. The case was filed at the area level in July 2011. As it progressed, the Maintenance Division provided further assistance by utilizing national Assistant Director Gary Kloepfer and, after his appointment to Legislative Director, by the direct involvement of national Director Steve Raymer.
The Postal Service pulled out all the stops, involving several of their area-level Labor Relations Specialists and the area-level Maintenance Manager. The case was eventually presented to the arbitrator over three separate dates, beginning Dec. 13, 2012.
The record was reopened to address the national arbitration award on Article 32.1.C, where the arbitrator ruled that locals must be notified when management makes a decision at the local, district or area level to contract out craft work.
Finally, on Oct. 30, 2013, Arbitrator Voss issued his decision. He wrote:
The grievance is sustained. The Postal Service is directed to promptly terminate the Diebold subcontract which is the subject of this proceeding. The parties shall address the question of a monetary remedy as instructed herein. The Arbitrator retains jurisdiction in this case for a period of 120 days solely for the purpose described in the final paragraph hereof.
Discussion on the remedy has commenced. The case is posted on the APWU website, www.apwu.org, under the Maintenance Division page.