Arbitrator:  Linda DiLeone Klein

Date:  1/6/95

Issue:  Did the Postal Service violate the National Agreement by failing to implement the route inspections within 52 days of the completion of the mail count?  If so, what is the appropriate remedy?

Position of the Parties:

     According to the Union, the Station manager who was Management’s representative in this matter refused to meet with the Union Steward to make the necessary changes and adjustments.  The Union therefore contacted the Postmaster in an attempt to resolve this problem; in response to the Union’s concerns, Supervisor Pezzino was sent to Station A in mid-May to act as a “buffer” and to complete the route adjustments.  As acknowledged by the Manager of Customer Service operations, Ms. Pezzino’ assignment to Station A was made for the purpose of “improving the labor relations atmosphere”.  Despite this effort, the route adjustments were not implemented within 52 days.

     According to Management, on June 10, 1994, three days prior to the end of the implementation period, the Postmaster requested a “route adjustment extension” of four weeks.  The request for a delay was based upon management/labor concerns, supervisory changes, carrier input and plant-side time for scheme changes.  The request was approved by the District Management on June 15, 1994.  The request was approved by the District Manager on June 15, 1994.

     However, the Union maintains that it had no knowledge of the aforementioned request as of June 29, 1994 and on that day, the instant grievance was initiated at Step 1.  Ms. Pezzino addressed this matter on behalf of Management and denied the grievance for the reason that an “extension was requested, awaiting word whether granted or not”.

     The grievance was denied at Step 2 and 3 and appealed to arbitration.

     The Union submits that the Postal Service violated the M-39, the applicable Memorandum of Understanding and the Step 4 Decision in Case No:  H7N-3A-C 39011.  Management violated its own policy on the timely requesting of extensions and the timely notification to the Union.  In addition, the late explanation regarding the reasons for the request was neither detailed nor valid, claims the Union.

     The Union asks that the grievance be granted and that all carriers be compensated at the overtime rate for all hours worked in excess of eight on each day the 52 day implementation period was exceeded.

     The Postal service, however, maintains that it properly sought and obtained four extensions based upon valid operational circumstances; the Union was notified on each occasion.  The first extension was requested on June 10 and granted and June 15.  The second extension was requested on July 7 and granted on July 20.  The third extension was requested on September 2 and granted on September 7, and the final extension was requested on September 28 and granted the following day.  Management submits that it acted in accordance with the contract in this matter.  Management submits further that it has the right to maintain the efficiency of operations, and when it became apparent that the implementation of the route adjustments could not be completed in an efficient manner within 52 days, extensions were requested and granted.

     Certain delays were caused by the Union, says the Postal Service.  For example, the Union co-leader has to bear part of the responsibility for late submission of the package.  In addition, at least one carrier was not satisfied with his adjustment and his route was re-inspected.

     The Postal Service maintains that the union was unable to demonstrate a violation of Article 3 or 41 in this case.  These were the only contract provisions cited; the Postal Service emphasizes that no violation of Article 19 was alleged in the grievance package, therefore, any argument made at arbitration pertaining thereto should not be considered.

     As it relates to the remedy requested, the Postal Service takes the position that overtime payments cannot be justified.  The carriers have already been paid overtime for any and all hours worked in excess of eight per day; no carrier has suffered damages as a result of the legitimate extensions.  The Postal Service requests that its position be sustained.  

AWARD:

     The grievance is granted.  All regular carriers shall receive one hour of pay at the overtime rate for each day the implementation of the route adjustment was delayed;  the time frame covered by this award shall begin with day 53 and extend until October 24, 1994.