STEP 1 GRIEVANCE American Postal Workers Union, AFL-CIO ...

American Postal Workers Union, AFL-CIO

STEP 1 GRIEVANCE OUTLINE WORKSHEET

GRIEVANT/PERSON OR UNION (Last Name First)

ADDRESS

CITY

STATE

ZIP

PHONE NO.

Seattle Installation, Class Action

P.O. Box 48148

Seattle

WA

98148

(206) 2416038

EIN

CRAFT

STATUS

LEVEL

STEP

DUTY HOURS OFF DAYS

E-MAIL

37 - Clerk

FTR

7

JOB NO../PAY LOCATION (UNIT/SEC/CR/STA/OFC)

POSTAL INSTALLATION LEVEL

WORK LOCATION CITY/ZIP CODE SENIORITY

PREF. ELIGIBLE

Seattle 98168

NATURE OF ISSUE

CONTRACT

DATE

LOCAL GRIEVANCE NO.

NATIONAL GRIEVANCE NO.

OOS for UAR's assigned CBA/8, CBA/37 outside of temp schedule

09/16/2021

CS-385-21

EGS28-21-000919

UNIT/SEC/BR/STA/OFC

STEP 1 MEETING

USPS SUPERVISOR

STEWARD

Seattle Class Action

10/05/2021

Garza, Alex

Marshall, Donna

STEP 1 DECISION BY (NAME AND TITLE)

STEP 1 DECISION

INITIALS (ONLY VERIFIES DATE OF DECISION)

Alex Garza (A) Supervisor Customer Service

Background:

The agency has assigned newly hired employees April 24, 2021 and July 31, 2021 to temporary schedules as unassigned regulars (UARS) and made changes to their schedules after the 28 days. The union states this is a violation of CBA Article 37.4.B. "An employee who becomes an unassigned regular will continue to work the same hours and scheduled days the employee worked immediately prior to becoming unassigned unless notified of a change in work schedule before expiration of the first 28 days after the date on which the employee became unassigned. Additional work schedule changes may be made, provided that such change cannot be made effective until 180 days after the effective date of any previous change."

Through investigation of the April 24, 2021 newly converted unencumbered regulars working in excess of 180 days (CS-288-21), Union Marshall also learned of this violation and filed class action grievance under CBA Article 15 Section 2 Step 1.a whereas the grievance may involve a complaint affecting more than one (1) employee. The USPS entered into an agreements March 22, 2021 and June 21, 2021 to convert Postal Support Employee's (PSE's) for career opportunity. With review of the UAR's TACS reports, the following PSE's were scheduled outside of their temporary assignment.

The identified employees includes; CS-309-21 Ginger Dahl, CS-391-21 Ian Bonner, CS-392-21 Alexander Bury, CS-394-21 Robin Johnson, CS-395-21 Sinclair King, CS-396-21 Yunkyung Park, CS-397-21 Raymond Terada, CS-398-21 Dahania Whittaker, CS-399-21 Shawa Nigist, CS-400-21 Dommineek Dunning, CS-401-21 Phung Pham, CS-402-21 Selam Bogalle, CS-403-21 Denise Arizobal, CS404-21 Augusto Roman, CS-405-21 Ross Okawa, CS-406-21 Valerie Blahato, CS-407-21 Juliet Dumo, CS-408-21 Bidga Espiritu, CS409-21 Richem Franco, CS-410-21 Bruce Keller, CS-411-21 Myron Lymore, CS-412-21 Tadelech Megena, CS-413-21 Michelle Morris, CS-414-21 Amy Nielson, CS-415-21 Donovan Smartt, CS-416-21 Rita So, CS-417-21 Loc Tran, CS-418-21 Tam Tran, CS-419-21 Rubina Zaka, CS-420-21 William Choch.

The union states the agency violated the June 21, 2021 MOU #1, when improperly assigning PSE's D/A code 8-13 to Function 4 customer service operations. The agency was aware of the MOU per the June 24, 2021 email communication of District Complement Coordinator James Schiller. "ALL 813 PSEs WILL BE CONVERTED AND MOVED TO F1. 814 PSEs will be converted in place in F4". This is evidence the agency failed to cooperate in good faith.

The union further alleges the agency violated the provisions described in CBA Article 37.5 when converting twenty (12) PSE's with relative standing seniority August 28, 2021 prior to relative standing SENIOR PSEs in the Seattle installation, including Santonil, Reychevin with seniority March 24, 2021 and sixteen (16) PSE's July 31, 2021 relative standing who are still remaining on the October 1, 2021 PSE relative standing list.

The union relies on the September 17, 2021 FTR seniority list as evidence that six (6) PSE's were converted July 31, 2021 to function 4, (1) Khounsombath, (2) Terada, (3) Lama, (4) Johnson, (5) Thompson and (6) Wooden effective July 31, 2021. The October 1, 2021 FTR seniority list reflects 39 PSE's were converted July 31, 2021 (not 55) which the union states fourteen (14) were improperly assigned to function 4 customer service. Outside of newly converted clerks who transferred or separated.

Employee's are entitled to out-of-schedule pay premium when the agency makes changes to their schedules. The Postal Service cannot intentionally violation the provisions of the Employee Labor 441.2 Enforcement. The FLSA authorizes the Department of Labor (DOL) to: (a) enforce compliance with the FLSA; (b) investigate allegations of noncompliance with the FLSA; and (c) supervise the payment of unpaid wages or unpaid overtime compensation owed to an employee because of noncompliance. The law also provides for enforcement by private suit in the courts

Corrective action:

Management response:

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