Summary of Regular Arbitration Panel Award

Regular Arbitration Panel

  • Grievance: Class Action

  • Parties: USPS and NALC

  • Post Office: Portland, Oregon

  • Arbitrator: Glynis F. Gilder

  • Date of Hearing: February 21, 2025

  • Date of Award: May 26, 2025

Issue

The central issue is whether Management violated Article 8§5(G) of the National Agreement and Employee and Labor Relations Manual §432.32 by mandating Full Time Regular letter carrier employees not on the Overtime Desired List and Part Time Flexible employees to work more than 11.50 hours in a single day, and if so, what the remedy should be.

Background

During the week of February 10-15, 2024, the Service in Portland, Oregon, mandated certain employees to work beyond 11.50 hours a day, leading to a grievance filed by the Union. Undisputed facts confirm Management violated ELM §432.32 and a May 31, 2022 memo. The remaining dispute pertains to the appropriate remedy.

Relevant Contractual Provisions

  • Article 8, Section 5.G addresses overtime assignments for full-time employees not on the Overtime Desired List.

  • ELM §432.32 sets maximum work hour limits, stating employees may not be required to work more than 12 hours in one service day, with total daily service not exceeding 12 consecutive hours.

Union's Position

The Union argues that Article 8§5(G) is inapplicable due to the absence of an Overtime Desired List at the Piedmont station. They seek annual leave for affected carriers to restore them to their prior status.

Service's Position

The Service contends the appropriate remedy is additional compensation at a premium of 50 percent of the base hourly straight time rate for hours worked beyond 11.50, as per a 1988 Memorandum of Understanding (M-00859).

Analysis

The Service conceded to violating a provision. The Step B team applied the remedy for an Article 8§5(G) violation to the instant matter. The arbitrator emphasizes the principle of making the grievant whole.

The arbitrator's decision is confined to the issues and remedies raised in the initial pleadings.

Award

The grievance is sustained, affirming the Service violated ELM §432.32. Affected employees are granted the option of retaining the previously paid compensation of 50% of the hours worked at straight-time rate, or returning the compensation to have their annual leave balance credited with the equivalent amount of time exceeding 11.50 hours worked. The arbitrator retains jurisdiction for error correction or ambiguity resolution.