Improper Utilization of Postmaster Reliefs (PMRs)

1. Improper UtilizationofPostmaster Reliefs (PMRs) presented by Robert D. Kessler & Dennis Taff National Business Agents Clerk Craft, St. Louis Region

2. PMR’s are generally utilized improperly by the Postal Service in two different situations. • The first is when they utilize a PMR in another nearby office to perform clerk work – normally to reduce clerk work hours or to reduce clerk overtime hours.

3. A PMR can only be utilized to perform clerk work in another office if they are properly designated as a dual appointment casual (see 348 of the ELM). The designation (code 610) must be properly documented by the use of a Form 50. [See Step 4 decision 98057796 and Chapters 1 & 2 of EL-301.]

4. ELM 348 348 Dual Appointment 348.1 Dual Employment Within the Postal Service 348.11 General Explanation Under certain circumstances, as described in this chapter, an employee may be appointed to more than one position in the Postal Service. This type of employment is known as a dual appointment. ELM 18, June 2007

5. 348.12 Consideration Factors Installation heads must ensure that all dual appointments are cost effective and in the best interest of the Postal Service. Before deciding to make dual appointments, installation heads should consider the following factors: a. Estimated daily workload requirement (hour by hour) in each craft. b. Workload that can be covered by increasing the hours of part-time flexible employees currently on the rolls, by the judicious use of overtime hours.

6. 348.12 Consideration Factors c. Workload that can be covered by using employees from another craft, in accordance with applicable provisions in collective bargaining agreements. d. Practicality of using part-time employees from nearby Post Offices. e. Installation flexibility to make necessary leave replacements if dual appointments are made.

7. 348.12 Consideration Factors f. Average weekly workhours for each employee on the rolls and dual appointment reduction in the Postal Service’s liability for state unemployment compensation benefits. g. Combined hours of dual appointment totaling more than 8 hours a day or 40 hours a week. ELM 18, June 2007

8. 1998 Step 4’s ~ Cliff Guffey • An excerpt from a Step 4 decision letter: After reviewing this matter, we mutually agreed that postmaster relief/leave replacement are hired for a purpose to provide relief during the postmaster’s absence from the office. The postmaster may be in a duty status or off duty during the period of absence. In order for a PMR to work in another office to cover absences of bargaining unit employees in the clerk craft, or to supplement the clerk workforce, the PMR must have a dual appointment as a casual.

9. Chapter 1Introduction 110 Scope 111 Purpose of Handbook The purpose of this handbook is to provide a detailed description of procedures which must be followed by personnel assistants, personnel clerks, and supervisors when adding or separating employees or making changes to employees’ master records. All such personnel actions require the processing of a Form 50, Notification of Personnel Action.

10. 290 Dual Job Accessions (NOA Code 959) 291 Definition Creation of a dual job record, with the same Social Security Number, for an employee who is serving in a dual capacity. See ELM 323.6 (now ELM 348) for general explanation, prerequisites, and appointment requirements.

12. We have found that most of the time when a PMR performs clerk work in another office they are not properly designated as a dual appointment. This is a violation of Article 1. • By utilizing PMRs in this manner the Postal Service gains because they are able to use lower paid, non-career employees to perform clerk duties. Additionally, since they do not normally claim them as dual appointed casuals, the Service benefits because the PMRs are not counted against the casual cap.

13. Additionally, we have found that even when the PMR is properly designated as a dual appointment casual they perform work in violation of Article 7.1.B.3. In accordance with Article 7.1.B.3., casuals can only perform clerk work that does not require training and testing.

14. Article 7.1.B.3. Article 7.1.B: 3. Casual employees are prohibited from performing assignments requiring training and testing (reference Article 37.3.F.5 and Article 37.3.F.7 positions).

15. Casual Work Assignment Casual employees are prohibited from performing assignments requiring training and testing (reference Article 37.3.F.5 and Article 37.3.F.7 positions) e.g., accountable duties such as working the window, the accountable cage, the registry section; duties that require postal training with a deferment period; duties that require scheme study with a deferment period; duties that require a skill that is subject to testing, such as typing. Casuals may perform non-core duties that are related to such positions.

16. The Postal Service claims that the above mentioned language in Article 7.1.B.3. does not apply in less than 200 man year offices. Of course the Union disagrees and has filed a National Level dispute over this issue. • USPS No. Q06C-4Q-C 08101201 APWU No. HQTG20083 Article 7, Section 1.B.3, Casual Restrictions

17. National Dispute • This dispute involves issues concerning (1) whether the provisions of Article 7, Section 1.B.3 of the National Agreement that prohibits casual employees from performing assignments requiring training and testing includes PMRs (with dual appointments) when utilized as casuals, and (2) is limited to 200 man-year installations.

18. National Dispute • It is the Postal Service’s position that Postmaster Reliefs (PMRs), when utilized as casuals, are not subject to limitations on employment of casuals set forth in Article 7, Section 1.B.3, and that the provisions of Article 7, Section 1.B.3 are limited to 200 man-year installations.

19. National Dispute • It is the APWU’s position that pursuant to Article 7, Section 1.B.3, casual employees (no exception) are prohibited from performing assignments requiring training and testing, and such restrictions apply to all casual employees including PMRs (with dual appointments) when utilized as casuals, regardless of the installation size.

20. Union officers who represent small offices should instruct the clerks in those offices to contact their Union representative any time an employee from another office is scheduled to work in their office. This should be the rule in offices of any size. Large offices are not immune to this violation.

21. The second situation in which the Postal Service improperly utilizes PMRs is in offices where there are no clerk craft employees. The PMRs are utilized in violation of ELM 419 and ASM 123, as well as in violation of the Step 4 decisions found in section 3 of this CD.

22. Instead of just being utilized in the absence of the Postmaster, the PMRs are being improperly utilized to perform clerk work prior to the postmaster’s reporting time and/or performing clerk work at the same time the postmaster is working. • The PMRs are basically being hired and utilized in lieu of career craft employees.

23. Assignment of Postmaster Relief • 123.4 Administrative Support Manual • ELM 419.31 (formerly 419.141) • October 1990 – Burrus letter

24. 123.4 Assignment of Postmaster Relief 123.42 - Office Without Career Clerk In offices without an assigned career clerk, a temporary postmaster relief/leave replacement may be used for a limited term to relieve the postmaster during all hours the post office is open to the public. The postmaster may be in a duty status or off duty during the period of absence. [emphasis added] ASM 13, July 1999

25. 419.3 Postmaster Relief/Leave Replacement 419.31 – Definition A Postmaster Relief/Leave Replacement (PMR) is a noncareer hourly rate employee who performs as a relief or leave replacement during the absence of a postmaster in and EAS-16 or below Post Office. [emphasis added] ELM 18, June 2007

27. 1998 Step 4’s ~ Cliff Guffey • The issue in this grievance is whether a Postmaster Relief/Leave Replacement can be utilized on a daily basis to process mail prior to the postmaster’s reporting for work. (G94C-4G-C 97111714 – Christoval, TX) • The issue in this grievance is whether a Postmaster Relief/Leave Replacement can work at the same time as the postmaster. (G94C-4G-C 97111713 – Sterling City, TX)

28. 1998 Step 4’s ~ Cliff Guffey • The issue in this grievance is whether two Postmaster Relief/Leave Replacements can be utilized to replace a career craft employee. (G94C-4G-C 97111715 – Bronte, TX) • The issue in this grievance is whether a Postmaster Relief/Leave Replacement can work at the same time as the Officer-in-Charge in the office. (G94C-4G-C 970708872 – Knox City, TX) • The issue in this grievance is whether a Postmaster Relief/Leave Replacement can be utilized to replace a PTF employee who is attending school. (G94C-4G-C 97111712 – Mertzon, TX)

29. 1998 Step 4’s ~ Cliff Guffey • ONLY to be worked in the absence of the Postmaster • Not to cover absence of a bargaining unit employee

30. ~ Information Request ~to determine if a grievance exists • Grievances involving a dual appointment PMR • Copy of PMR’s PS Form 50 • To determine if the PMR has a dual assignment as both PMR and casual • Note: This portion of the presentation concerning information requests also applies to any other dual appointment (RCA, etc.)

31. ~ Information Request ~No Dual Appointment • If no dual appointment (or if the Service refuses to supply Form 50) • Copy of relevant time cards/clock rings for PMR • Copy of relevant time cards/clock rings for all clerks • Copy of work schedules for PTFs and/or PMR • Copy of overtime desired list • Statement from clerks as to what type of work PMR is performing and when • Steward’s notes taken from the interview with Supervisor and all witnesses

32. ~ Information Request ~No Dual Appointment • Cite violation of: • Article 1, Section 2 • Article 7 • Article 8 • Article 19 (ELM, ASM & EL-301) • JCIM • Remedy: The Postal Service cease and desist from improperly utilizing PMRs. Make the Bargaining Unit and/or Union whole at the appropriate rate (overtime) for all hours the PMRs are worked in violation of the National Agreement and Handbooks and Manuals.

33. ~ Information Request ~PMR has dual appt. but working in violation of Art. 7.1.B.3 • If dual appointment exists but PMR is doing work in violation of Art. 7.1.B.3 (performing assignments requiring training and testing – Article 37.3.F.5 & 37.3.F.7) • Request: • Copy of PMR’s PS Form 50 showing dual appointment • Copy of relevant time cards/clock rings for PMR • Copy of relevant time cards/clock rings for all clerks • Copy of work schedules for PTFs and/or PMR • Copy of overtime desired list • Statement from clerks as to what type of work PMR is performing and when • Steward’s notes taken from the interview with Supervisor and all witnesses

34. ~ Information Request ~PMR has dual appt. but working in violation of Art. 7.1.B.3 • Cite violation of: • Article 7.1.B.3. • JCIM and Memos • Remedy: Ask that the Postal Service cease and desist from improperly utilizing the PMR/dual appointments. Make the Bargaining Unit and/or Union whole at the appropriate rate (overtime) for all hours the PMR/dual appointments were worked in violation of the National Agreement and Handbooks and Manuals.

35. ~ Information Request ~PMR working in violation of the ELM, ASM and Step 4’s • For grievances involving PMRs working in violation of the ELM, ASM and Step 4’s • Request: • Copy of the Postmaster’s job description (to determine what level the PM is and if a PMR is authorized for that office. PMRs are only allowed in Level 16 offices and below.) • Copy of the PMR’s PS Form 50 • Work schedule of PMR • Copy of relevant time cards/clock rings for the Postmaster and PMR (to discover if the PM and PMR worked simultaneously or if PMR did work in the postmaster’s absence) • If PM claims he/she was unavailable on certain days due to meetings, rural route count, etc., then ask for documentation to prove his/her claim • Statement as to what type of bargaining unit work PMR is performing and when

36. ~ Information Request ~PMR working in violation of the ELM, ASM and Step 4’s • Cite violation of: • Article 19 (ELM 419.141 and ASM 123.4) • Step 4’s • Burrus letter • Remedy: Ask that the Postal Service cease and desist from improperly utilizing PMRs. Make the Bargaining Unit and/or Union whole for all hours the PMR worked in violation of the National Agreement, Handbooks and Manuals, and Step 4s.

37. History of Grievances Involving Improper Use of PMRs • Reviewed list of Members-at-Large (MALs) • PMRs hired to replace career employees in Level 15 and 18 offices • Working outside the contractual limits (in absence of the Postmaster) • Working before the Postmaster arrives; working alongside the Postmaster • Working 10 to 40 hours a week in violation

38. History of Grievances Involving Improper Use of PMRs • Violations brought to the attention of the Postal Service • After efforts failed, we filed grievances in numerous locations • Step 3 discussions resolved some of the cases – Paid the Union and hired PTFs • Management began denying others and forced the Union to go to arbitration

39. Arbitration Union’s Claim A monetary payment to the Union is the ONLY remedy which will bring the Service into compliance with the contract. (Union post-hearing brief)

40. Case #1 Postal Service Claim: We do not deny the use of the PMR but no employees were harmed!! Payment to the Union is unjust enrichment!! Don’t pay anyone!! Arbitrator Armendariz ruled: Not to issue a monetary award would result in a windfall to the wrongdoer. PAY THE UNION!!!!

41. Case #2 Postal Service Claim: Pay the clerk that was hired to replace the PMR. Pay the Union only for lost dues. Your first award was improper. Arbitrator Armendariz ruled: Paying the new hire for work not performed is not an appropriate remedy. I was right in my first ruling and I am right in this case. PAY THE UNION!!!!

42. Case #3 Postal Service Claim: Arbitrator Armendariz’s two awards were improper. Present new arguments about the amount of hours worked by the PMR’s. Payment to the Union constitutes punitive damages. Arbitrator Otis King ruled: I don’t accept or believe Postal Service’s new arguments Payment to the Union does not constitute punitive damages; however, the willful conduct of the Postal Service in this case would in fact justify punitive damages. PAY THE UNION!!!!

43. Case #4 Postal Service Claim: Arbitrator Armendariz’s two awards were improper. Present new arguments about the amount of hours worked by the PMR’s. Payment to the Union constitutes punitive damages. Arbitrator Toedt ruled: Did not accept or believe the Postal Service’s new argument and ruled that there was a violation; however, she only awarded the Union compensation for lost dues. Boo!!! Hiss!!!

44. Bad remedies spawn bad remedies. In a similar case, Arbitrator Klein also ruled that there was a violation but conveniently ignored all the other awards and accepted Arbitrator Toedt’s rationale of only compensating the Union for lost dues. Boo!!! Hiss!!! This remedy falls short of making the bargaining unit/Union whole for the loss of bargaining unit work and only encourages the Service to continue to violate the contract.

45. Case #5 Postal Service Claim: Admitted that they sometimes used the PMR when the Postmaster was available but the Union failed to prove that the Postmaster was available on all occasions when the PMR was used. (new argument) Payment to the Union constitutes punitive damages. Arbitrator Bosland ruled: Did not accept Service’s new “present but unavailable” argument and assuming, arguendo, that is the Postal Service’s burden. Ruled “the Union stands in the shoes of” and injured employee and shall be compensated for the violation.

46. Das National AwardQ94C-4Q-C 96081517 • APWU argued that Article 1.6.B’s exceptions do not apply to PMR’s and the bargaining unit work performed by the PMR should be assigned to clerk craft employees AND • If there is insufficient work to meet the PTF minimum, all PMR hours spent performing bargaining unit work should be counted as casual hours. • Arbitrator Das denied the Union’s grievance.

47. Das National AwardQ94C-4Q-C 96081517 • The Das award does not change any language/rules or Step 4’s concerning the utilization of a PMR. • It is still a violation for the PMR to be utilized in the following – but not limited to – manners: • To process mail prior to the Postmaster’s reporting time • Working at the same time as the Postmaster • Supplementing the clerk work force without a dual appointment • Replacing a career craft employee • Being hired in lieu of career craft employees

48. Illegal use of Postmaster Reliefs + Properly filed grievances = More bargaining unit employees hired More dues paying members Money to our members and Union

49. Any questions? Thank you for your attention!