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

STEP 1 GRIEVANCE

OUTLINE WORKSHEET

American Postal Workers Union, AFL-CIO

GRIEVANT/PERSON OR UNION (Last Name First)

ADDRESS

CITY

STATE

ZIP

PHONE NO.

ACTION-NORTH EAST, CLASS

PO BOX 929807

COLUMBIA

AB

29292

(803) 4042669

EIN

CRAFT

STATUS

LEVEL

STEP

DUTY HOURS

OFF DAYS

E-MAIL

VARIES

37 - Clerk

VARIES

VARIES

VARIES

VARIES

VARIES

apwuosborne51@

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

POSTAL INSTALLATION LEVEL

WORK LOCATION CITY/ZIP CODE

00/NORTH EAST

21

COLUMBIA, SC 29223

NATURE OF ISSUE

CONTRACT

SENIORITY

PREF. ELIGIBLE

DATE

LOCAL GRIEVANCE NO.

NATIONAL GRIEVANCE NO.

Articles 3, 5, 7, 13, 17, 19,

25, 37, JCIM, ELM

09/26/2021

21KO345

EGS807-21-000598

UNIT/SEC/BR/STA/OFC

STEP 1 MEETING

USPS SUPERVISOR

STEWARD

KENDRICK, CHEVON

Osborne, Kimberly

00/NORTH EAST POST OFFICE

STEP 1 DECISION BY (NAME AND TITLE)

STEP 1 DECISION

INITIALS (ONLY VERIFIES DATE OF DECISION)

Background:

There are several grievances are in conjunction with one another in that these are an ongoing grievance in several offices in which

they completely discard meeting at Step 1, providing information requested within a timely manner (months later) and the violation of

Article 7 in the usage of RCA¡¯s, ARC¡¯s, and/or CCA¡¯s in lieu of Clerks by Crossing Crafts. Managements willful refusal to abide by

clear and specific Contract requirements constitute punitive attacks on the APWU Membership, the APWU Local/State Union, the

validity of our CBA and our Dispute Resolution Process. These actions directly undermine and negatively impact the Membership¡¯s

confidence in the American Postal Workers Union and jeopardize the Union¡¯s ability to retain its Members, involve our Members,

recruit new Members and represent our Membership.

The Union contends that the performance of clerk duties by RCA¡¯s, ARC¡¯s, and/or CCA¡¯s on a daily basis at the CAYCE WEST Post

Office violates the National Agreement due to the fact they don¡¯t meet any of the criteria¡¯s set forth by the language of Article 7.2.B of

the Collective Bargaining Agreement (CBA). The RCA¡¯s position is solely for the purposes of covering the absences of a regular

Rural Carrier and the ARC¡¯s serve auxiliary rural routes (those not designated as regular rural routes). Management has been

assigning RCA¡¯s, ARC¡¯s, and/or CCA¡¯s to throw Parcels, Case Box Mail, and do the Amazon work, etc. on a daily basis violating the

provisions of Article 7 in the Clerk Craft.

There is no evidence presented by management that there is insufficient work in their craft on the days in question. Moreover RCA¡¯s,

ARC¡¯s, and/or CCA¡¯s are being utilized to cover Covid-19 and/or liberal leave. Management has been aware of such absences for

some period of time and there was nothing in the assignments giving to the RCA¡¯s, ARC¡¯s, and/or CCA¡¯s of an emergency nature.

However, Clearly, the assignments are not the result of insufficient work in the assignment of these RCA¡¯s, ARC¡¯s, and/or CCA¡¯s

being utilized especially when their job is only for the purposes of relief of the Rural Carrier. It is equally clear that the assignment

was not occasioned by a surge in the workload of the Clerks at a time the RCA¡¯s, ARC¡¯s, and/or CCA¡¯s workload was lightened for an

assignment designed only to relieve the absence of a regular Rural Carrier. For these reasons, the assignment did not fall within the

permissible reason for cross-craft assignments as set forth in Article 7, Section 2(b) and (c) of the Agreement, and was therefore an

improper assignment.

Furthermore, the Union challenges this issue as to why management was not taking advantage of the MOU to hire PSE¡¯s according

to the MOU which would have alleviated the coverage not only for Covid-19 leave but the MOU allows for liberal leave as well (See

attached sign off by APWU President Mark Dimondstein dated March 27, 2020).

Management, in this case, failed to staff PSE¡¯s with the amount allocated to this office for their normal staffing. Furthermore, it has

been mutually agreed upon between the National Union and Management to extend the usage of PSE¡¯s over the 20% cap by signing

another MOU (Re: Temporary Exception Period ¨C Clerk Craft Function 1 & Function 4 ¨C Covid-19 signed on 12-21-21 - See attached)

again allowing for installations that are experiencing high absenteeism because of the COVID-19 pandemic and the liberal leave

policy which is still in effect.

There is absolutely no reason to use non-career, RCA¡¯s, ARC¡¯s, and/or CCA¡¯s, employees outside of the Clerk Craft when provisions

are in placed with the allowances in the MOU¡¯s as above-mentioned. RCA¡¯s, ARC¡¯s, and/or CCA¡¯s are not admissible for cross-craft

assignments as set forth in Article 7, Section 2(b) and (c) of the Agreement.

Management's failure to provide this Information in a Timely Manner is a Violation of Article 17.3 and Article 31.3 of the National

Agreement. Due to the failure to provide the Requested Information, the spirit of the JCIM to settle at the lowest possible lever could

not be achieved.

The Union asserts that jobs need to be created in the Clerk Craft due to the number of hours being utilized by RCA¡¯s, ARC¡¯s, and/or

CCA¡¯s on a daily basis which is reflected in the attached spreadsheet showing the hours worked by the RCA¡¯s.

Article 7, Section 2. Employment and Work Assignments provides in relevant part

B. In the event of insufficient work on any particular day or days in a full-time or part-time employee¡¯s own scheduled assignment

(RCA¡¯s and ARC¡¯s do not have assignments), management may assign the employee to any available work in the same wage level

(RCA¡¯s and ARC¡¯s are not in the same wage level as the clerk work assigned) for which the employee is qualified (RCA¡¯s and ARC¡¯s

are not qualified), consistent with the employees knowledge and experience (RCA¡¯s and ARC¡¯s have no knowledge or experience) in

order to maintain the number of work hours of the employee¡¯s basic work schedule (RCA¡¯s and ARC¡¯s have no basic work schedule).

Article 13.4.M:

Local Management at this Office failed to provide any notification at all to the Union, even after the Union made it clear in previous

grievances that they wanted all future duty assignment postings and notices.

Article 15.2, Step 1.C:

If no resolution is reached as a result of such discussion, the supervisor shall render a decision orally stating the reasons for the

decision.

Article 37.3.A.1: Section 3. Posting, Bidding, and Application

A. Newly established and vacant Clerk Craft duty assignments shall be posted as follows:

1. All newly established Clerk Craft duty assignments shall be posted to craft employees eligible to bid within 28 days. All vacant

duty assignments, except those positions excluded by the provisions of Article 1, Section 2, shall be posted within 28 days unless

such vacant duty assignments are reverted. Every effort will be made to create desirable duty assignments from all available work

hours for career employees to bid.

a. Full-time duty assignments.

bid.

The Union asserts that jobs need to be created in the Clerk Craft due to the number of hours being utilized by RCA¡¯s, ARC¡¯s, and/or

CCA¡¯s on a daily basis which is reflected in the attached spreadsheet showing the hours worked by the RCA¡¯s.

RIGHT TO INFORMATION [ Article 17.3]

The Union¡¯s Entitlement to Information relevant to Collective Bargaining and Contract Administration is set forth in Article 31.3.

Article 17.3 states Specific Rights to Review Documents, Files and other Records, in addition to the Right to Interview a Grievant,

Supervisors and Witnesses.

Upon request of the Union, reports previously provided in Hard Copy will be provided Electronically when it is possible to do so.

This language is not only agreed to for the Information to be provided "electronically" in Article 17.3, but in Article 31.3 as well.

Management should respond to Information Requests in a Cooperative and Timely Manner.

1.When a relevant request is made for documentation, Management should provide for the review of the requested documentation as

soon as is reasonably possible.

rmation relied on by the parties to support their positions in a grievance should be exchanged between the parties¡¯

representatives at the lowest possible level.

3.If the Union requests a copy of PS Form 2608 at Step 2, or any subsequent step in the grievance procedure, it will be made

available. Likewise, PS Form 2609 will be made available, upon request, at Step 3 or any time thereafter.

The Union's believes management delays the information to affect the time limits of the grievance process.

INFORMATION[Article 31.3]

The Union has a Legal Right to Employer Information under the National Labor Relations Act in which the United States Postal

Service is to make available to the Union ALL Information Necessary for the Enforcement, Administration or Interpretation of the

Collective Bargaining Agreement, including Information Necessary to determine whether to file or to continue the processing of a

grievance.

The USPS at the National Level recognizes the Union¡¯s Legal Right to Employer Information under the National Labor Relations Act.

Information Requests must be complied with at all levels.

To obtain Employer Information the Union need only give a reasonable description of what it needs

and make a reasonable claim that the Information is needed to enforce or administer the Contract.

The Union has a Right to Any and All Information which the Employer has relied upon to support its position in a grievance. If a

request for copies is part of the Information Request, then the Postal Service must provide the copies.

Corrective action:

1. That the Grievant(s) be made whole. That a monetary remedy be paid to the affected Clerk Craft Employees at the Level 6

Overtime/Penalty Rate of Pay for all hours improperly worked in violation by the Rural Carrier.

Affected Employee(s): The Clerk Craft Bargaining Unit. To Be decided by the Union

2. That Management Cease and Desist all violations of the Collective Bargaining Agreement, Negotiated Memorandums of

Understanding, Postal Policy, and the USPS Handbooks and Manuals.

3. Create jobs based on the hours utilized by the RCA¡¯s, ARC¡¯s, and/or CCA¡¯s.

4. That the Union Representatives be paid a lump sum payment of 10% of the settlement for all extra hours spent due to the delay of

the requested information

Management response:

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