In a dispute initiated by the American Postal Workers Union (APWU), the issue was, “whether it is a violation of the National Agreement to assign injured on duty employees to perform work associated with a pilot program, experimental program, or other similar programs.”
The parties agreed that, “Injured on duty employees will be assigned Clerk work in accordance with Article 37 and the Memorandum of Understanding (MOU), Re: Temporary Assignment, Reassignment or Reemployment in APWU Represented Crafts of Employees Injured on the Job, dated September 10, 2012, and the Employee and Labor Relations Manual (ELM), Section 546, Reassignment or Reemployment of Employees Injured on Duty.”
The parties further agreed, “Should any programs result in a newly created or revised position, such work shall be assigned in accordance with Article 1.5 of the Collective Bargaining Agreement, consistent with the Goldberg national arbitration award Q10C-4Q-C 14011344.” The Goldberg national award had to do with the Sales Retention Team issue where the USPS improperly utilized injured workers to perform duties that he determined should have been posted as duty assignments for bid to Clerk Craft employees.
For the remedy in this particular dispute, the parties agreed, “any case held pending this national dispute will be resolved in accordance with this agreement and local fact circumstances. The parties agree that this settlement satisfies those local grievances directly related to the national dispute; however, the local parties may address any remaining contractual issues in accordance with the grievance/arbitration procedure at the local level.”