DUO

 

 

 

Function 4

 

 

 

POStPlan

 

The End Result -Loss of clerk craft duties - Excessing of Full Time and PTF Clerks  

Assigning of APWU Bargaining Unit Duties to Postmasters and PMR’s and a host of others.

   

DUO - Delivery Unit Optimization

 

The postal service has an ongoing initiative of combining carrier routes from several area post offices to one centralized location. 

This action of DUO has had a major impact on the clerk craft.  In some Post Offices we are losing all our full time clerk positions and decreasing PTF’s hours.  

In order to achieve this, the Postal Service is downgrading the level of the post office. An example is taking a level 18 office and downgrading it to a level 13.  

The postal service is claiming that a DUO is exempt from the restrictions imposed by the Global Settlement. A grievance must be initiated to protect our rights.  Arbitrator Das has rejected the USPS position on this issue.

Their position is contained in the Joint Contract Interpretation Manual.

The JCIM, Appendix C Q&A; 

2. What happens if an office is downgraded in level during the life of the Agreement? 

ANSWER: A Level 18, 16 or 15 office that is downgraded in level will remain at the bargaining unit work standard that is in place as of November 21, 2010, through the life of the contract. For example, if an office is downgraded from a level 18 office to a level 15 office, the permissible amount of bargaining unit work which the PM may perform will remain at 15 hours/week permissible for a level18 office. The amount of bargaining unit work would not be increased to 25 hours permissible for a level 15 office. 

[It is the position of the Postal Service, however, that, if as the result of DUO for example, a level 15 office is downgraded to a level 13, the postmaster, if one remains in the new level 13 office, would be able to perform bargaining unit work as any other level 13 PM without restriction. APWU does not agree. Case 011 C40-C 11311239.]

 

 

Arbitrator Das has rendered a decision on this issue and further ruled that the bargaining unit should be compensated for all hours supervisors or postmasters worked the window.  Arbitrator Shyam Das.

Q11C-4Q-C 11311239

Award Summary: 

(1)    The provision in the Q06C-4Q-C 10005587 Global Settlement which states: 

All time the supervisor or Postmaster spends staffing the window during the day will be counted towards the permissible bargaining unit work limits.

 Applies to all time the supervisor or postmaster is covering the window, which, in absence of a clerk, includes all time the window is open.

 (2)    The provision in the Q06C-4Q-C 10005587 Global Settlement which states:

 Any office that is downgraded in level will remain at the bargaining unit work standard that is in place at the beginning of the Agreement through the life of that contract. 

Is subject to an agreed exception for an office without a clerk that is downgraded under the DUO initiative on or after November 21, 2010 to level 13 below. 

(3)  Issues relating to remedy are returned to the parties for discussion and resolution.  I retain jurisdiction to decide any remedial issues that the parties are unable to resolve.

 

Arbitrator Shyam Das has render his decision on the Gobal award remedy. Q11C-4Q-C 113111239

 

The “Global Settlement” on pages 299 and 300 of the Collective Bargaining Agreement clearly states how many hours a postmaster may perform bargaining unit work according to the level of the office.

 

Q06C-4Q-C 10005587 GLOBAL SETTLEMENT

The parties agree that grievance Q06C-4Q-C 10005587 will

be resolved effective with the signing of this settlement.

The parties further understand that any cases held in

abeyance pending the outcome of this case will be

affected by this settlement. Those cases will be returned to

the level they were held for further processing.

As a result of this settlement, in offices under

100 bargaining unit employees, postmasters and

supervisors may only perform bargaining unit work in

accordance with Article 1.6.A and when listed in their

position description in accordance with the following:

 

In level 18 offices, the Postmaster is permitted to perform no more than fifteen (15) hours of bargaining unit work per week.

There will be no PMR usage in level 18 offices.

 *******************

In level 16 offices, the Postmaster is permitted to perform no more than twenty-five (25) hours of bargaining unit work per week.

There will be no PMR usage in level 16 offices.

 ******************* 

In level 15 offices, the Postmaster is permitted to perform no more than twenty-five hours (25) of bargaining unit work per week.

There will be no PMR usage in level 15 offices.

 

In the event there is a second supervisor in any of these

offices, only one of the supervisory employees may

perform bargaining unit work as prescribed above (either

the Postmaster or the Supervisor.

 

  

We must submit Requests for Information to the Postmaster requesting daily/weekly summary time reports.  These time reports will show the postmaster levels and their hours of work.  What I have noticed is, they are not reporting the time spent performing bargaining unit duties as required by the Global Settlement and the M-32.  A grievance must be initiated to protect our rights.

Here is a sample RIF  to use to get the grievance rolling.   

Request for Information

 

In accordance with the M-32, postmasters or supervisors

performing bargaining unit work will record what operation

they are performing either by time clock, PS Form 1260 or

other appropriate means. A copy of such documentation

shall be made available to the Union upon request.

  

Despite the Post Office’s attempt to strip us of our work by downgrading the level of the office to level 13 the language contained in the Global Settlement provides some form of protection and must be cited in your grievance.    

 

Any office that is downgraded in level will remain at the

bargaining unit work standard that is in place at the

beginning of the Agreement through the life of that

contract.

      

Recently the Post Office upgraded offices from level 13 to level 18.  Once management upgraded the office they were bound by the limitations set in the Global Settlement.  We must identify these offices and file grievance.  I have found some offices have two EAS employees working.  Please get a copy of this report from your NBA.  Upgrade offices without clerk craft bargaining unit employees.

When calculating the hours be sure to include the 2 hours of custodial work being performed per day at that office. 

 

The Postal Service is also attempting to assign custodian duties to postmasters. The memo on page 427 of the CBA clearly states that the work will be assigned to existing APWU Bargaining Unit Employees.  I guess USPS’ position will be, we excessed all the clerks out of the of fice, so the Postmaster is allowed to do the custodian duties. Wrong!!!  We must police this provision of the contract in every office.   

 

The parties agree that when in small post offices there are

two hours or less of contracted out custodial duties in a

day that cannot be combined with other maintenance

duties to create a duty assignment, those duties will be

assigned to an existing APWU bargaining unit duty

assignment in the facility.

  

The post office is scheduled to be open from 8 am to 5 pm, may be with an hour lunch and on Saturday from 8 am to 12 noon.  That’s approximately 45 hours a week.  If the Global Settlement permits the postmaster to only perform 15 hours a week that’s a difference of 30 hours per week. The question then is, who is going to perform the remaining hours?    Well it should be a Clerk, not a PMR or Postmaster.

  The Postal Service has taken the position that only time spent doing a transaction (actual work) is counted toward the 15 hours permitted to perform bargaining unit work. The APWU position is that the entire time spent on a window operation is counted toward the 15 hours.  This issue is pending a national level arbitration.  To support our argument the language is contained in the Global Settlement on page 300 of the Collective Bargaining Agreement.

  Be sure use request management to identify all PMR with EID to document the hours worked.

 

 

Bargaining unit work performed by Postmasters or

supervisors should be consecutive hours to the extent

practicable, so as to minimize the necessity for split shifts

for clerk craft employees, whenever possible. All time the

supervisor or Postmaster spends staffing the window

during the day will be counted towards the permissible

bargaining unit work limits.

   

POSTPLAN

 

The postal service plans on decreasing the hours at vast number of rural post offices.  Some post office hours will be reduced to 2, 4 or 6 hours per day.  The intention of the USPS is to staff these post offices with Postmasters and Postmaster’s relief.  Our position should be these offices must be staffed with Hub Clerks, NTFT or PTF’s.  The clerk craft memo states that when management no longer performs the duties it must be assigned to the clerks, not a PMR.

And on the flip side

  Additionally under POStPlan the USPS is upgrading offices to level 18 and have no career clerks at the time of upgrade.  The 15 hour restriction on bargaining unit work applies to those offices.  Since the window in these offices is open 8 hours/day, somebody is doing our bargaining unit work.  Grievances need to be filed immediately.

When non-managerial or non-supervisory work, not otherwise excluded by Article 1.2, which was being performed by supervisors, is no longer performed by supervisors, then it must be assigned to clerk craft employees.

   

Additionally we need to cite the Das national award on 1.6 when management does perform bargaining unit work, which is not included in the global settlement.  If management’s performance of bargaining unit work increases from after implementing PostPlan/DUO or any other management initiative to decrease our work we must grieve it.  I have included a copy of an old interview we used prior to the Global Settlement.