C90N-YC-C 95009622

NALC 65-C-93

Arbitrator:  Joseph A. Sickles

Date: 1/4/99

Issue:  Is the grievance “substantively” arbitrable?  Did the United States Postal Service violate the National Agreement by failing to implement route changes within 52 days of March 18, 1993?  If so, what is the appropriate remedy?

Union’ Contention:

     The Union contends that in 1991 and 1992, certain stations in Toledo, Ohio had routes inspections, but five (5) of the stations (Wernert, Franklin Park, Heatherdowns, Central and Mid-Town (Station C), were not adjusted within 52 days.

     As a result of a determination in a national arbitration case (Hempstead), a joint training process was established to train leadership pairs at each station.  The pairs received training concerning the five (5) stations in question on March 18, 1993 and were instructed to implement adjustments within 52 days;  Management failed to supply the necessary time for Union Stewards to work on the adjustments and, thus, they were not completed in a timely fashion.  In fact, there was never a completion at one of the stations until a subsequent route inspection in 1995.

     The Union contends that Management never gave the Union a reason for its denial other than the fact that the “remedy was too expensive”, nor did the Postal Service ever raise any procedural arguments prior to the submission to arbitration.

U.S.P.S.’s Contention:

     Management argues that the parties agreed to an “X-Route Agreement” on March 1, 1993.  The USPS-NALC Joint Training Guide requires a joint resolution process to resolve problems” …as soon as they arise…” and on October 5, 1995 the Parties agreed that a dispute may be “…sent to arbitration” only after the resolution team and/or the “District Manager and National Business agent are not able to resolve the matter.  The resolution system is mandatory and thus, this matter is not substantively arbitrable.

     There is no 52 day requirement concerning the X-Route Process and if the Parties had intended the M-39 process to apply to the X-Route Process, they would have so stated in the USPS-NALC Joint Training Guide.  It also refers to the inapplicability of decisions which pre-dated the Joint Training Guide.

     The Postal Service cites National Award N1C-NA-C97 concerning the relationship between a breach and a remedy, i.e. restoration of the status quo.  Some stations were “under” adjusted, there was little – or no – lose of overtime, carriers were not harmed or suffered any lose.  See also the Service’s discussion and citations concerning appropriate measure of damages, speculation, punitive damagers, etc.

 AWARD:

     Each regular carrier at the five (5) stations at issue shall be paid one additional hour of overtime pay for each day he/she worked overtime from the period of 14 days prior to October 12, 1993 until the date that the routes were finally adjusted at the carrier’s station.

     No carrier, under this award, shall receive more than a total of $1,000.00 based upon the computations made under the preceding paragraph.

     Jurisdiction is retained concerning computations of amounts due hereunder if the Parties disagree.