Maintenance Craft
After intensive discussions, the APWU and the USPS have agreed to modify the Maintenance Selection System (MSS), the process by which many Maintenance Craft duty assignments are filled.
“The Revamped Maintenance Selection System maintains employee protections that are important to the craft, and establishes a selection process that is far more objective than the old system,” Maintenance Craft Director Steve Raymer said. “The RMSS also should result in a more timely return of results, and the elimination of several troublesome issues.” The June 3, 2009, agreement necessitated changes to Article 38 of the Collective Bargaining Agreement and the development of a new Maintenance Selection System Handbook (EL-304), Raymer said.
The USPS began reviewing the MSS in 2006, citing changes in technology and equipment, as well as difficulty maintaining selection registers and recruiting new hires. The MSS had not undergone a complete review since 1984. As part of the review process, the Postal Service surveyed hundreds of current craft employees and supervisors, and evaluated the work associated with Maintenance Craft occupational groups.
In early 2009, when the Postal Service notified the APWU of proposed changes to the EL-304 Handbook, the APWU initiated serious discussions with management on the subject.
The USPS was reluctant to expand previously negotiated initiatives that provided developmental training to employees to help meet the qualifications for the selection registers, such as the Maintenance Skills Development Program and the ET Trainee Program, saying it would be too expensive.
A partial list of changes includes:
Candidate Supplemental Application books have been eliminated; Supervisor Evaluations have been eliminated; A change has been made to the banding of scores, giving seniority more weight; Employees wishing to update their ratings will not need to address individual KSAs (Knowledge, Skills & Abilities); they will only need to wait 120 days from their last testing; Individual KSAs will be graded as part of the new job compentencies;
There will be a single written exam, Test 955, which will be taken online in two parts — one with a proctor and the other without. After passing Test 955, employees will be scheduled for a review panel. The review panel rating will be made on a pass/fail basis; Employees who are ranked ineligible will be able to identify whether Test 955 or the review panel was the reason for the rating, and Article 38 language has been changed to implement the changes. Things that did not change: KSAs will be retained as listed in the qualification standards. A minor change in wording was made to implement the new rating method; Standard position descriptions; Job task and/or occupational group work assignments, and Make-up of the review panel. (No 204Bs or immediate supervisors will serve.) The parties are developing a set of Questions and Answers regarding the RMSS, which will be disseminated as soon as it is complete.
MSS applications that were started prior to May 27, 2009, will be processed under the old system. Applications submitted in March for the 2009 Open Season will be processed under the revamped procedure.
Maintenance Craft jobs that are not filled by the MSS process will be unaffected by the agreement.
Article 15 – Custodial Staffing Settlement Enforcement
This is a summary of Regional Arbitrator Philip W. Parkinson’s decision in case D94T-1E-C-98066909 regarding the Postal Service’s failure to comply with a settlement agreement in which the parties agreed that career custodial employees would clean the tenant space in the Federal Office Building and other postal facilities. The Postal Service did not staff the postal facility with a career custodian; instead it subcontracted the cleaning services claiming the office met the criteria of the Cleaning Service MOU. The arbitrator sustained the Union’s grievance, he found the Postal Service violated the Step 2 settlement and restored the cleaning services to a career Custodial employee in accordance with the grievance settlement.
The Union argued the grievances are covered under the 1994 1998 Agreement and thus the rules in place during the terms of that contract are covered in these grievances. They noted that there are two distinct violations; the first being that the custodial work at River City Station was contracted out and Management ignored the settlement when they did this in 1997. Secondly, Management subcontracted out the custodial work at the Station without there being voluntary attrition. The settlement agreement in 1993 was an arrangement whereby the Union agreed to the contracting out of the custodial work at the federal office building and as a quid pro quo, Management agreed that the custodial work at the Station would continue to be carried out by classified postal employees. When the Station custodial position was vacated in August, 1996, the Postal Service recognized the settlement and reposted the position in River City. The person, who received the bid in August 1996, then received another bid in May of 1997. At that point in time, the Postal Service ignored the settlement and made a decision to subcontract the same day that this person received the bid. The Union also pointed out that in the parties' Memorandum of Understanding that the first requirement to consider subcontracting is that voluntary attrition must occur. Here, voluntary attrition did not occur. Finally it requested the arbitrator find the settlement was binding and to continue the work at the Station with classified employees.
The arbitrator correctly reasoned:
In reviewing the facts of this case, which are essentially not in dispute, it is clear that there was an agreement reached by the parties in good faith by which both sides appeared to reach a comprehensive and satisfactory compromise settlement.
He also relied upon National Arbitrator Gamser binding language regarding grievance settlements:
There is much arbitral authority for the proposition that a grievance granted in the lower levels of the grievance procedure is a settled grievance, and the parties do not retain the right of review where they have vested dispute resolution authority, by agreement, in union representatives and management officials at the first or second steps of the grievance procedure. The merits of such a position are quite obvious. If it is good labor relations policy to attempt to resolve disputes at the lowest levels of the grievance procedure, neither party should be in a position to frustrate the agreement to do so by implicitly reserving the right to countermand a determination made by a supervisor at the lowest level, or a union representative at the same level, which is dispositive of the dispute which they met to resolve. [AB-N-12685]
Gary Kloepfer
Assistant Director
Maintenance Division
"The jobs are there but we must fight for them. Every day that management is in non-compliance with the agreement is a grievance."
By now, everyone should have requested and received their custodial staffing packages, under the terms of the MS-47 remedy settlement agreed to in late January. According to the settlement, the new staffing packages were to be prepared by management within 30 days, and in accordance with the 1983 version of the MS-47 Handbook. Please contact your NBA if you have not received the package.
After an initial examination of the Local Building Inventory (PS Form 4869).
The 2008 staffing advocates is William Kreutter (New York Metro Area Local); Staffing advocate William Kreutter is not limited to custodial staffing. He also is familiar with the staffing requirements for Mail Processing; Building Equipment; Field Maintenance and the Administrative side. Each aspect of maintenance staffing is different, but William Kruetter can keep up.
National Representative-at-Large Balogun will assign requests for reviews of custodial packages to William Kruetter BMC Maintenance Shop Steward.
Early Info on the FSS
The most recent addition to the Automation stable is the Flat Sorter Sequencer (FSS). This new, piece of equipment will be deployed for the first time later this year. The schedule calls for 100 FSS machines to be in operation by the end of 2010.
Increased Number of ETs
As far as the Maintenance Division is concerned, the additional FSS capability will increase the number of ETs in each office. While it will vary from office to office, you can expect up to 15 additional ETs for the first FSS.
The effect on the number of MPE employees is not known at this time, but both MPEs and ETs will require six weeks of training at the National Center for Employee Development.
Casuals and Vets
The Maintenance Division has received inquiries recently about custodians, casuals, and veterans’ preference. "Casuals custodians will have to be preference-eligible veterans" (APWU). Maintenance Division positions are still covered by prohibitions on the use of casual employees “in lieu of” career employees.
If the employees in question are not preference-eligible veterans, they simply cannot be employed as custodians unless the hiring register is devoid of any veterans. As noted in the Maintenance article in the May-June 2007 edition of The American Postal Worker , preference-eligible veterans receive priority in hiring for custodial positions.
Here’s how it is stated in Handbook EL-312, Section 232.52:
Employment and Placement
Certain positions, whether career or non-career, are restricted to applicants eligible for veterans’ preference under the Veterans’ Preference Act of 1944. This rule applies only to appointments from external recruitment sources. The following are restricted positions in the Postal Service:
Building maintenance custodian
Custodian laborer
Custodian
Elevator operator
Laborer custodial
Window cleaner
NY Metro officers will continue the fight to protect the jobs of all Craft employees.