Transcript Maximization Article 7.3.B & C

Maximization
Article 7.3.B & C
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B. The Employer shall maximize the number
of full-time employees and minimize the
number of part-time employees who have no
fixed work schedules in all postal installations
...
C A part-time flexible employee working eight
(8) hours within ten (10), on the same five (5)
days each week and the same assignment
over a six month period will demonstrate the
need for converting the assignment to a fulltime position.
General, on-going obligation
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National Interpretive awards by
Arbitrators Garrett (AB-N-3744) and
Gamser (NC-E-9358) firmly establish
this general obligation to maximize fulltime and minimize part-time, to be
ongoing.

These National awards required 6
month, experimental “trial periods”
followed by additional 6 month trial
periods until maximization had been
achieved in cases where evidence
suggested positions existed which were
being filled by part-time hours.
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We have been highly successful in
obtaining additional conversions by
“combining” work hours of a number of
PTF’s to demonstrate the existence of
“8 within 10” assignments which have
been worked for 6 months.
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The provisions in Article 7.3.C. do not
establish the “criteria” for additional
conversions pursuant to Article 7.3.B.
Article 7.3.C. is simply the unrefutable
proof of the existence of a position
which “demonstrates the need for
converting the assignment to a full-time
position.”
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Management’s practice of attempting to
avoid their maximization obligations by
“manipulating” schedules has been
rejected by a significant body of
arbitration awards. These awards are
available through APWU search or your
NBA office.
Reversions & 7.3.B.
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Article 7.3.B. can be used to challenge “reversions”
where the “reverted” position is filled by hiring
additional PTF’s and/or PTF’s are used to perform the
duties that were “reverted.”
Management often relies on their Article 3 rights to
manage in support of their decision to revert a
position. Those rights however cannot result in a
violation of their obligation to maximize the number
of full-time employees and minimize the number of
part-time employees as required by the provisions of
Article 7.3.B.

Cases involving a reverted position are
somewhat different from the other cases
where we seek to establish additional fulltime regulars. When we challenge
management’s decision to revert, we should
argue that their decision has “triggered” a
violation of Article 7.3.B. This argument
should be in addition to any of the other
usual arguments that are made in instances
of reversions.
Awards Supporting Our Position
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E06C-4E-C 07183020 – Warrensburg, MO
K00C-4K-C 05121326 – Pleasant Garden, NC
E06C-4E-C 07188953 – Hawarden, IA
H00C-4H-C 07063110 – Dalton, GA
K00C-4K-C 03021158 – Concord, NC
Grievances
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The burden of proof regarding alleged
violations of 7.3.B. is a heavy one.
Postal managers seem to be intelligent
enough to know and cite their rights
under Article 3 to “manage,” yet are
unable, unwilling, too lazy, or just too
dumb to actually manage, without
flexibility to cover their incompetence –
at least that seems to be their standard
claim at the arbitration table.
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Our grievances must therefore contain
sufficient documentation to rebut their
claimed inability to manage without flexibility.
When “combining” hours of PTF’s to argue a
violation of 7.3.B. we suggest that the
grievance cite a violation of 7.3.B. and 7.3.C.
Any documentation such as work schedules,
hours, time cards, etc., should be
summarized and presented in chart form or
some other form. These charts must be
presented to management no later than
Step 2.
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Article 17.3 gives the steward the right
to chart (or graph) on the clock –
subject to the “reasonable” provisions
of 17.3. This right has been firmly
established at Step 4 and in arbitration.
Other information needed
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Employee complement of the office; i.e., the number
of PTF’s, FTR, etc.
Office work schedules by week including total hours
of PTF’s (including AO’s) and when they were
worked. Also, work schedules and hours of casuals.
Information regarding any decrease or increase of
the number of PTF’s or full-time regulars.
Union’s work schedules for the “proposed” full-time
positions.
Any other information which supports your claim that
additional regular schedules could be “carved” out of
the PTF’s hours without impairing efficiency.
Efficiency controls maximization
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The Employer may be permitted to
avoid a total maximization of the fulltime work force if such action could be
justified by some “standard of
practicability” such as significant
increased cost, increased idle time
during scheduled tours, or have a
detrimental impact upon the efficiency
of the operation.
sample charts
Any questions?
Article 7 and PTF Conversions
Using the TACS system
for PTF conversions
at the smaller offices
Ben Solis
AMERICAN POSTAL WORKERS UNION, AFL-CIO
FAX 512-342-1477
TO
:
FROM
:
DATE
:
GRIEVANT :
GRIEVANCE # :
ISSUE
:
SUBJECT
Maurice Dunn, Postmaster
Susan Villareal, Supervisor
Leander Post Office
Ben Solis, Steward
AUSTIN TX AREA LOCAL
8/4/2005
APWU
05-08-010-UBTS
PTF Conversions
: REQUEST FOR INFORMATION & DOCUMENTS RELATIVE TO PROCESSING A GRIEVANCE
We request that the following documents and/or witnesses be made available to us in order to properly identify whether or not a grievance does exist and, if so, their
relevancy to the grievance:
1.All documents, files, records and witness statements that the Postal Service intends to use to substantiate its
claim.
2.2608 regarding this grievance.
“Everything Report” for pay period 26-04 through pay period 16-05 both in
pdf and csv electronic format.
4.Separate copy of all clerk casual “Everything Report” for pay period 26-04 through pay period 16-05 both
in pdf and csv electronic format.
3.Copy of all clerk PTF
NOTE: Article 17, Section 3 requires the Employer to provide for review all documents, files, and other records necessary in processing a grievance. Article 31, Section 2
requires that the Employer make available for inspection by the Unions all relevant information necessary for collective bargaining for the enforcement, administration or
interpretation of this Agreement. Under 8a(5) of the National Labor Relations Act, it is an Unfair Labor Practice for the Employer to fail to supply relevant information for
the purpose of collective bargaining. Grievance processing is an extension of the collective bargaining process.
RECEIVED:
________________________________
(signed)
[ ] REQUEST APPROVED
________________
(date)
[ ] REQUEST DENIED
Request Information in
Electronic Format
What do I do if they say ‘No’?
• Article 31 grievance
• Unfair labor practice
• Electronic FOIA 1996 amended
• Labor/Management meeting
• Call your NBA
Information Request
for dummies
• The next slide is for supervisors who say,
“I don’t know how to get that information
in TACS.”
• Or, for those supervisors that tell you, “I
can’t get that information from TACS.”
• Loaners play a very important part in that they
can increase the number of conversions in an AO.
• If an AO is has utilized loaners in that office, find
out who they are, what office they came from
and what days this employee was loaned to the
grieving office.
• Go to their home office and obtain their individual
“Everything Report” in PDF and CSV electronic
format for the same time period.
• E-mail me this file with the rest.
Associate Office Size
8 within 9
9 within 10
Let Me Know
Garbage In – Garbage Out
• If you don’t send the Union the
correct information,
• You won’t get the correct information.
BEN SOLIS
[email protected]
Method of Delivery
1000 KBs equal 1 megabit.
If the combination of all the files are more than 10
megabytes long, e-mail them one file at a time.
If a single file is more than 10 megabytes long, mail
all files on one CD to:
Ben Solis
713 King Edward PL
Austin, Texas 78745-3942
Don’t send any Flash Drives because none
will be returned.
THE PTF REPORT WILL BE E-MAILED
BACK TO YOU!
How do I pay?
• You know what it used to cost your local in time
and money.
• Documents, copies, steward time, graphics, etc.
• National headquarters is providing this service
fee of charge.
THE END