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Arbitrator Rules 'Separation of Casuals' Language in Article 12
Applies Only to Casuals in the Impacted Craft

(11/18/09) In a recent National Association of Letter Carriers’ (NALC) national arbitration award, Arbitrator Shyam Das ruled that “[t]he provision in Article 12.5.C.5.a (2) for ‘separation of all casuals’ applies to casuals in the affected or losing craft, and not to casuals in other crafts.” (USPS # Q94N-4Q-C 99052344, 11/11/2009) This case arose after the NALC initiated a grievance regarding the meaning of the term “all casuals” in Article 12.5.C.5.a.(2) of the 1994-1998 National Agreement. The APWU and the Mail Handlers Union intervened in this case since our contracts contain the same provision.

Click here for a summary and a copy of the award.

Arbitrator Rules Maximization Provision Only Applies to Work Hours of PTFs

(11/17/09) A recent national arbitration award by Arbitrator Linda Byars found that the Postal Service does not have an obligation to combine the hours of all non-full-time employees, i.e. part-time regular, part-time flexible, transitional and/or casual employees, as well as the regularly scheduled overtime hours of full-time employees, in order to maximize full-time positions pursuant to Article 7.3.B of the National Agreement. The arbitrator found that this provision “applies only to the relationship between full-time employees and part-time employees with no fixed work schedule.” (USPS #Q94C-4Q-C 96096822 and 96096823, 11/11/2009.

Click here for a summary and a copy of the award.

2010 Annual Leave Exchange Option Open Season to Include PTFs

(11/12/09) In accordance with Arbitrator Byar's award in Case Number Q98C-4QC
00062970, the MOU Re: Annual Leave Exchange Option applies to APWU-represented part-time flexible (PTF) employees, in addition to all full-time employees. Although the parties have been unsuccessful so far in reaching a mutually agreeable remedy for alleged missed opportunities for PTFs in prior years, the Postal Service has provided advance notification of the manner in which it intends to implement the Annual Leave Exchange Option for APWU-represented PTF employees for leave year 2010. Specifically, eligible PTF employees will be afforded the opportunity to receive a lump sum payment in exchange for a portion of the annual leave the PTF employee is expected to earn in leave year 2010. Eligible PTF employees will be sent a letter about the Annual Leave Exchange Option prior to the 2010 Open Season period. This letter will explain, among other things, the terms and conditions for participation, including the eligibility criteria, allowable amounts for leave exchange, and deadlines for participation.

APWU Urges Locals to File OSHA Complaints Over Electrical Hazards

(10/27/09) The APWU has sent a letter to local presidents in regard to electrical hazards related to the Postal Service's failure to comply with OSHA Subpart S Electrical Standards. The letter explains the Union's efforts to force the Postal Service to comply with these standards, and includes a complaint package that contains everything locals need to file OSHA complaints regarding these hazards. The union is urging locals whose members are exposed to these hazards to file complaints with their local OSHA offices.

Click here for a copy of the letter, the complaint package and a fillable OSHA-7 complaint form.

FY 2010 Casual Exception Period Set

(10/22/09) Article 7.1.B.5 of the 2006 National Agreement provides exceptions to the six percent and 11 percent casual caps during accounting periods 3 and 4. For Fiscal Year 2010, the casual exception period will be from Nov. 21, 2009 through Jan. 15, 2010.

2009 Penalty Overtime Exclusion Period Set

(10/22/09) The December period referenced in Article 8, Sections 4 and 5, of the National Agreement, during which penalty overtime regulations are not applicable, consists of four consecutive service weeks. (See Why Is the Penalty Overtime Exclusion Period Only 28 Days?) This year the period begins Pay Period 26-09, Week 1 (Dec. 5, 2009) and ends Pay Period 1-10, Week 2 (Jan. 1, 2010).

1.2% Raise Effective Nov. 21, 2009

(10/19/2009) Postal employees covered under the APWU-USPS 2006-2010 Collective Bargaining Agreement and the 2006-2010 Operating Services Agreement will receive a 1.2 percent increase in annual salaries effective Nov. 21, based on the grades and levels that were in effect on Sept. 6, 2006. The raise will be reflected in paychecks issued Dec. 11.

Click here for the Nov. 21, 2009 Pay Scale

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