NALC Branch 100 525-C-96

Arbitrator:  Colman R. Lalka

Date:  12/28/99

Issue-  Did the Postal Service violate Article 7.1.B.1. of the parties Labor Agreement by employing Casuals in lieu of full for part-time employees?  If so, what is the remedy?

Union Position:

     The Clyde Post Office employed casuals on an ongoing basis, the Union states, since 1995.  Article 7.1.B.l  provides, the Union continues, casual employees may not be employed in lieu of part-time or full-time employees. The work performed by the casuals prevented another person being hired as a career employee. At the time this grievance was filed, it is noted, Clyde had one auxiliary and five full-time routes, with seven career carriers and three casuals. Management's Step 2 Denial inaccurately stated Clyde had two limited duty carriers. In reality, the Union continues, one carrier was in a rehabilitation position and performed very little letter carrier work, and the other was performing forty hours per week of letter carrier duties.

     Management argued casuals were needed in that excessing from surrounding stations might occur.  However, the Union points out, Management never fulfilled its obligation of notice to the Union in that regard.  Moreover, the National Agreement provides transitional employees, not casuals, are to be used in the event automation is expected.  The Postmaster testified her hands were tied as the result of the rehabilitation employee, however, the Union notes, that rehabilitation employee can remain at Clyde until she retires. Furthermore, the hiring procedures of the Postmaster do not supercede the National Agreement. Testimony established the mail wouldn't have been delivered without the casuals. A casual cannot be employed in lieu of a full-time or part-time employee, and that is what was done. The Union requests the grievance be sustained, the Clyde Post Office hire career employees to replace casuals, and all career employees be paid for the hours worked by casuals.

 Service's Position

     The Union claimed, it is noted, that Management at Clyde was working casuals to the detriment of regular letter carriers. This is the result of there being 30% casuals employees. However, Management continues, all full-time regulars received forty hours per week, and some worked overtime. Article 7 provides the amount of casuals shall not exceed 3 ½ % on a national average. However, Management states, individual stations may use, for example, 30% casuals to get the job done. There were one auxiliary and seven full-time routes and seven full-time regulars, of which one was a T -6. That, Management states, filled the complement at Clyde. The rehabilitation letter carrier was still included in the complement, and, as a full-time letter carrier on the rolls, could not be replaced. The Postmaster cannot hire at her own whim,  Management argues, she must go through proper procedure, and a position was required to be held open. The Step 2 Denial states, it is noted, a position was being withheld in the event someone in a surrounding station was excessed and a position needed for that person. If a job slot is not open, a career employee can't be hired. There was more work at Clyde than the regular work force could handle, and there was no choice but to hire casuals. Additionally, Management continues, that there were casuals at Clyde does not mean they worked every day. Most casuals did not work forty hours per week. There has been no evidence a casual employee worked to the detriment of a career letter carrier, Management concludes, and requests the grievance be denied.

CONCLUSION:

     Based on the foregoing, this Arbitrator finds a violation of the 1994-1998 Agreement between the United States Postal Service and national Association of Letter Carriers, AFL-CIO, and the grievance is, therefore , sustained.  The Postal Service shall, within forty-five days of this Award, take necessary action to ensure that work which has heretofore been routinely performed by casual employees will be performed by career employees.  Furthermore, hereafter, casual employees will be used only in circumstances with do not occur on a routine or consistent basis, but are of a temporary and/or exigent nature.