Received from Bill Lewis, Trenton APWU:
Effective May 28, 2008, US District Court Judge Joel A. Pisano issued his decision regarding enforcement of the American Postal Workers Union/United States Postal Service pre-arbitration Settlement Agreement, dated October 28, 2005, for AFSM staffing at the Trenton P&DC.
Judge Pisano stated, “The Settlement Agreement provides for the clerk craft to have primary jurisdiction over the positions on the AFSM-100 machines and that, in the event work requires less than six employees to staff the machines, the remaining positions on the machines will be staffed by clerk craft only. Thereby, if there is a ‘reduction in work [,]’ then clerks only operate the machines. Although the Settlement Agreement does not define ‘reduction in work [.]’ the terms of the Agreement do not limit the method by which the reduction in work may occur. That is, the Agreement sets forth a staffing procedure invoked by a ‘reduction in work’ irrespective of how that reduction in work takes place.
In this instance, the modifications to the AFSM-100 resulted in a ‘reduction in work.’ The addition of the AI and ATHS automated features caused ‘a reduction of the AFSM[-]100 operating crew, [a] decrease[] in operation run times, and efficiencies in the preparation activities.’ (Lewis Aff. II Ex. B). As a result, the ‘reduction in work’ caused by enhancements to the AFSM-100 machine trigger the Settlement Agreement’s staffing reduction procedure.
Thus, pursuant to the Settlement Agreement, the clerks maintain jurisdiction over the stations in the AFSM-100 machines in the Trenton facility, irrespective of the
enhancements. Accordingly, the Court holds that there is no dispute of material fact that the Settlement Agreement covers the dispute of which Trenton Metro now complains-whether clerks or mail handlers have jurisdiction to operate the AFSM-100 machines-and is ‘sufficiently specific as to be capable of implementation.’ Consolidation Coal, supra, 666 F.2d at 810. The Court further holds that the Settlement Agreement is entitled to enforcement.
Pursuant and in accordance with the Judge’s order, the APWU expects immediate staffing of the three FSM 100 machines with the clerk craft.
The APWU will monitor USPS compliance with the Judge’s order and pursue appropriate pay remedies for all work performed by the Mail Handler craft on the AFSM 100’s commencing today.
This is good news to read!! The same type of shenanigans have been going on in other PD&Cs across the country, but Bill Lewis and his union officers had the guts to stand up to management while other local unions nationwide grew passive and let their junior ASFM clerks become excessed to other stations in different cities.
MarkBill Lewis has spent a lot of time and money from union dues on attorney's fees trying to get these jobs back to the clerks.
Although the USPS clearly breached the contract by circumventing RI-399 and giving the clerk work to the lower paid mail handlers - lowering the payroll to collect their PFP bonuses. The U.S. Judicial Courts tend to go easy on the Postal Service so I do not know if the Trenton APWU will get reimbursed for those attorney's fees or collect monetary or punitive damages.
But winning all the jobs for the clerk craft is a big victory!
02:52 PM CST