The issue in this National Level Arbitration was whether the provision in Article 8.5.H was negotiated as part of the 2006-2010 National Agreement. It originated in Paragraph 7 of an MOU Re: Supplemental workforce; Conversion of Clerk Craft PTFs (Casuals/PTF MOU), which addressed a broader range of issues relating to the use of casual employees as a supplemental workforce. The parties could have expressly included or excluded penalty overtime from the priority scheduling provision in Article 8.5.H. But they did not do so. And, because their disagreement on this issue arose shortly after it was added to the National Agreement, there is no definitive guidance to be gained from the parties' JCIM, jointly developed Q&As or other agreed clarification directly relating to this provision. The TE and casual category of supplemental employees were eliminated pursuant to the 2010 National Agreement. Article 8.5.H also was eliminated.
Award Summary: Arbitrator Das ruled that Article 8, Section 5.H of the 2006 USPS/APWU National Agreement, which requires full-time employees on the overtime desired list (OTDL) to be given priority scheduling for overtime work over casual employees, included priority scheduling for penalty overtime prior to casuals doing overtime work.
Document Type: National Arbitration
APWU National Grievance Number: Q06C4QC08031764
Arbitrator Name: Shyam Das