Union Wins ‘Global Settlement’ Remedy Case

In a decision issued Oct. 16, Arbitrator Shyam Das ruled that APWU members are entitled to retroactive pay for time postmasters or supervisors performed craft duties in excess of limits outlined in the Collective Bargaining Agreement.

“This decision is an important victory for the APWU,” said Director of Industrial Relations Mike Morris. “We have fought long and hard to protect jobs and increase work hours for clerks, especially in small offices. This decision will result in back pay for union members who were denied work opportunities as a result of contract violations. I hope postal managers take note of the cost of their failure to honor the contract,” he added.

APWU President Cliff Guffey praised the ruling. “This is one more example of the union working for you,” he said.

The dispute arose when the APWU sought a monetary remedy for contract violations that occurred between May 23, 2011, when the contract was signed, and March 29, 2013, when Arbitrator Das sustained a related grievance. In the March decision, Das agreed with the union’s interpretation of the so-called “Global Settlement,” which is part of the 2010-2015 contract. He agreed that all time postmasters or supervisors spend staffing the window must be counted towards the limit and, in the absence of a clerk, all time a window is open must be counted, regardless of what other duties the postmaster or supervisor may perform during that period.

Following the March award, the APWU and management discussed the appropriate remedy for the violations that had already occurred, but were unable to reach agreement. They returned to Arbitrator Das to settle the matter. At the hearing, the USPS argued against a retroactive monetary award, claiming that no actual contract violations had been established and asserting that any remedy should be applied only to violations that occurred after the March ruling.

Once again, Arbitrator Das rejected management’s position, noting that during the period in question “the union and the employees it represents did not get the benefit of its bargain with the Postal Service.”

The union also asked the arbitrator to instruct management to provide the APWU with documentation necessary to establish that violations of the limits occurred. Das granted the union’s request and ordered the USPS to provide the records within 90 days of his award. The Global Settlement stipulates that postmasters may perform up to 15 hours per week in Level 18 post offices and up to 25 Hours in Level 15 and Level 16 offices.