Maximization Article 7.3.B & C

1. MaximizationArticle 7.3.B & C • B. The Employer shall maximize the number of full-time employees and minimize the number of part-time employees who have no fixed work schedules in all postal installations . . . • C A part-time flexible employee working eight (8) hours within ten (10), on the same five (5) days each week and the same assignment over a six month period will demonstrate the need for converting the assignment to a full-time position.

2. General, on-going obligation • National Interpretive awards by Arbitrators Garrett (AB-N-3744) and Gamser (NC-E-9358) firmly establish this general obligation to maximize full-time and minimize part-time, to be ongoing.

3. These National awards required 6 month, experimental “trial periods” followed by additional 6 month trial periods until maximization had been achieved in cases where evidence suggested positions existed which were being filled by part-time hours.

4. We have been highly successful in obtaining additional conversions by “combining” work hours of a number of PTF’s to demonstrate the existence of “8 within 10” assignments which have been worked for 6 months.

5. The provisions in Article 7.3.C. do not establish the “criteria” for additional conversions pursuant to Article 7.3.B. • Article 7.3.C. is simply the unrefutable proof of the existence of a position which “demonstrates the need for converting the assignment to a full-time position.”

6. Management’s practice of attempting to avoid their maximization obligations by “manipulating” schedules has been rejected by a significant body of arbitration awards. These awards are available through APWU search or your NBA office.

7. Reversions & 7.3.B. • Article 7.3.B. can be used to challenge “reversions” where the “reverted” position is filled by hiring additional PTF’s and/or PTF’s are used to perform the duties that were “reverted.” • Management often relies on their Article 3 rights to manage in support of their decision to revert a position. Those rights however cannot result in a violation of their obligation to maximize the number of full-time employees and minimize the number of part-time employees as required by the provisions of Article 7.3.B.

8. Cases involving a reverted position are somewhat different from the other cases where we seek to establish additional full-time regulars. When we challenge management’s decision to revert, we should argue that their decision has “triggered” a violation of Article 7.3.B. This argument should be in addition to any of the other usual arguments that are made in instances of reversions.

9. Awards Supporting Our Position • E06C-4E-C 07183020 – Warrensburg, MO • K00C-4K-C 05121326 – Pleasant Garden, NC • E06C-4E-C 07188953 – Hawarden, IA • H00C-4H-C 07063110 – Dalton, GA • K00C-4K-C 03021158 – Concord, NC

10. Grievances • The burden of proof regarding alleged violations of 7.3.B. is a heavy one. Postal managers seem to be intelligent enough to know and cite their rights under Article 3 to “manage,” yet are unable, unwilling, too lazy, or just too dumb to actually manage, without flexibility to cover their incompetence – at least that seems to be their standard claim at the arbitration table.

11. Our grievances must therefore contain sufficient documentation to rebut their claimed inability to manage without flexibility. When “combining” hours of PTF’s to argue a violation of 7.3.B. we suggest that the grievance cite a violation of 7.3.B. and 7.3.C. • Any documentation such as work schedules, hours, time cards, etc., should be summarized and presented in chart form or some other form. These charts must be presented to management no later than Step 2.

12. Article 17.3 gives the steward the right to chart (or graph) on the clock – subject to the “reasonable” provisions of 17.3. This right has been firmly established at Step 4 and in arbitration.

13. Other information needed • Employee complement of the office; i.e., the number of PTF’s, FTR, etc. • Office work schedules by week including total hours of PTF’s (including AO’s) and when they were worked. Also, work schedules and hours of casuals. • Information regarding any decrease or increase of the number of PTF’s or full-time regulars. • Union’s work schedules for the “proposed” full-time positions. • Any other information which supports your claim that additional regular schedules could be “carved” out of the PTF’s hours without impairing efficiency.

14. Efficiency controls maximization • The Employer may be permitted to avoid a total maximization of the full-time work force if such action could be justified by some “standard of practicability” such as significant increased cost, increased idle time during scheduled tours, or have a detrimental impact upon the efficiency of the operation. sample charts

15. Any questions?

16. Article 7 and PTF Conversions Using the TACS system for PTF conversions at the smaller offices Ben Solis

17. AMERICAN POSTAL WORKERS UNION, AFL‑CIO FAX 512-342-1477 TO : Maurice Dunn, Postmaster Susan Villareal, Supervisor Leander Post Office FROM : Ben Solis, Steward AUSTIN TX AREA LOCAL DATE : 8/4/2005 GRIEVANT : APWU GRIEVANCE # : 05-08-010-UBTS ISSUE : PTF Conversions SUBJECT : REQUEST FOR INFORMATION & DOCUMENTS RELATIVE TO PROCESSING A GRIEVANCE We request that the following documents and/or witnesses be made available to us in order to properly identify whether or not a grievance does exist and, if so, their relevancy to the grievance: All documents, files, records and witness statements that the Postal Service intends to use to substantiate its claim. 2608 regarding this grievance. Copy of all clerk PTF “Everything Report” for pay period 26-04 through pay period 16-05 both in pdfandcsv electronic format. Separate copy of all clerk casual “Everything Report” for pay period 26-04 through pay period 16-05 both in pdfandcsv electronic format. NOTE: Article 17, Section 3 requires the Employer to provide for review all documents, files, and other records necessary in processing a grievance. Article 31, Section 2 requires that the Employer make available for inspection by the Unions all relevant information necessary for collective bargaining for the enforcement, administration or interpretation of this Agreement. Under 8a(5) of the National Labor Relations Act, it is an Unfair Labor Practice for the Employer to fail to supply relevant information for the purpose of collective bargaining. Grievance processing is an extension of the collective bargaining process. RECEIVED: ________________________________ ________________ (signed) (date) [ ] REQUEST APPROVED [ ] REQUEST DENIED

18. Request Information in Electronic Format What do I do if they say ‘No’? Article 31 grievance Unfair labor practice Electronic FOIA 1996 amended Labor/Management meeting Call your NBA

19. Information Request for dummies The next slide is for supervisors who say, “I don’t know how to get that information in TACS.” Or, for those supervisors that tell you, “I can’t get that information from TACS.”

23. LOANERS • Loaners play a very important part in that they can increase the number of conversions in an AO. • If an AO is has utilized loaners in that office, find out who they are, what office they came from and what days this employee was loaned to the grieving office. • Go to their home office and obtain their individual “Everything Report” in PDF and CSV electronic format for the same time period. • E-mail me this file with the rest.

24. Associate Office Size 8 within 9 9 within 10 Let Me Know

25. Garbage In – Garbage Out If you don’t send the Union the correct information, You won’t get the correct information.

27. BEN SOLIS B5917BTS@YAHOO.COM

28. Method of Delivery • 1000 KBs equal 1 megabit. • If the combination of all the files are more than 10 megabytes long, e-mail them one file at a time. • If a single file is more than 10 megabytes long, mail all files on one CD to: • Ben Solis • 713 King Edward PL • Austin, Texas 78745-3942 • Don’t send any Flash Drives because none will be returned.

29. THE PTF REPORT WILL BE E-MAILED BACK TO YOU!

44. How do I pay? You know what it used to cost your local in time and money. Documents, copies, steward time, graphics, etc. National headquarters is providing this service fee of charge.

45. THE END