Via APWU Arbitration Advocate Jason Treier:
In her latest arbitration award (subcontracting), Arbitrator Itzla acknowledges the Service’s obligations under the ASM 535.112 to subcontract “when economically advantageous” and further solidifies the Union’s position that “availability of employees” is not a factor to be considered when making the decision to subcontract, pursuant to National Mittenthal Award.
Itzla also rejects the Service’s argument that there was no violation for the Service’s failure to comply with the 32.1.C local notification requirement because the violation occurred prior to the national level dispute being arbitrated. Itzla ruled, “by virtue of the arbitrator sustaining the Union’s grievance, the Service is liable for failing to comply with the requirement as confirmed by Arbitrator Das.”