On December 3, 2015, Arbitrator Harry MacLean ruled that the Postal Service violated Article 32 when it failed to provide notice to the APWU and give due consideration to the five factors listed in Article 32.1.A prior to subcontracting work with New Breed to operate the Mail Consolidation Center (MCC).
On March 27, 2013, management entered into a new contract with New Breed for the services at the MCC. The Union filed a grievance over this contact on January 26, 2014.
The National Postal Mail Handlers Union intervened in the arbitration hearing arguing that some of the work is mail handler work and the jurisdiction of such work must be determined through the RI-399 Dispute Resolution Procedures.
Arbitrator MacLean sustained the APWU on the grounds that management failed to give due consideration to the five factors and failed to provide notice as required by Article 32 of the National Agreement.
The arbitrator refers the matter of work assignment jurisdiction to the Dispute Resolution Committee and retains jurisdiction of the case solely to determine the appropriate remedy if and when the Dispute Resolution Committee assigns the work to one of the unions.
Wichita Region Clerk Craft National Business Agent Chris Pruitt did an excellent job in presenting this case in arbitration.
This is a major win for Omaha and return of work to the bargaining unit!
The Omaha Area Local has requested a meeting to determine work assignment jurisdiction. Updates on this issue will be provided upon availability.
Source: Omaha Area Local #11