11/17/2016 – On November 8, 2016, National Labor Relations Board (NLRB) Administrative Law Judge Paul Bogas ruled to uphold all of the charges leveled at the United States Postal Serviceâs (USPS) Staples Approved Shipper program. The APWU initially filed the complaint on November 13, 2014.
The judge ruled the Staples deal was subcontracting within the meaning of Article 32 of the APWU/USPS Collective Bargaining Agreement (CBA). The ruling stated USPS illegally and intentionally ignored its legal obligation under the NLRA to bargain with the APWU over the Staples deal and its effects on members of the union.
A cited internal Postal Service report, dated September 12, 2012, made it clear that the goal of the expansion of itâs âretail partnershipsâ was about âmigrating [the] majority of volume to retail partners (new & existing).â The judge found the USPS failed to inform the union of this report âat any time prior to it being subpoenaed in this litigation.â
âIt is clear from the Postal Serviceâs own documents and testimony the real goal for their âRetail Partnershipâ program was to eliminate APWU membersâ jobs and to close Post Offices,â said President Dimondstein.
Voluminous additional evidence was cited proving postal management hid their true intent, the privatization of postal retail operations, from the union. One document noted a USPS consultantâs question to Brian Code, then head of the USPS retail partnership program. The consultant asked whether they will âdecrease [bargaining unit clerks] and will have to shut down P[ost] O[ffice]s to finance the program.â Cole replied, âYou are right.â
âIt is clear we were right to challenge the Staples deal,â Dimondstein explained. âIt was the correct decision to mobilize our members and initiate the Stop Staples campaign and boycott. The campaign continues to be a key part of the battle to maintain the public Postal Service from managementâs privatization scheme.
Among other remedies, the decision went on to instruct USPS to âdiscontinue its retail partnership with Staples.â
âThe Postal Service will probably appeal this decision, but we call on them to do the right thing and immediately end the Staples dirty deal,â Dimondstein said. âIn the meantime, the Stop Staples campaign and boycott continues full speed ahead! The U.S. Mail is not for sale!â
We will continue to post updates to apwu.org as this situation develops.
Source: APWU