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NALC Arbitration |
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National Arbitration Operations and Materials |
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2006 Arbitration DVDs published |
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 NALC has published a major update to the the Arbitration Search program. The program enables contract researchers to search quickly through NALC's database of thousands of arbitration awards. The DVD also contains PDF files of the original decisions for viewing, printing and copying text.
During installation, users with 10.1 GB of hard drive space may choose to copy all the arbitration decisions to their computer's hard drive. This enables full-text searching through all decisions (C-00001 through C-26375). The free Adobe Reader® is required; a version of that software is included on DVD 3. The 2006 Contract CD is also included on DVD 3.
Branches may purchase the DVD set for $10 from NALC's Supply Department. Call (202) 662-2873 with Visa or Mastercard orders, or send a check or money order made out to "NALC" for the appropriate amount, along with your mailing information, to: NALC Supply Department; 100 Indiana Ave., NW; Washington, DC 20001-2144. |
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Recent National Arbitration Awards |
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- C-26852, National Arbitrator Das, January 19, 2007: National-level award holding that management may not remove non-probationary letter carriers without cause simply because an administrative error occurred in their original appointments to the Postal Service.
- C-26334, National Arbitrator Das, January 6, 2006: National level arbitration concerning whether the Memorandum of Settlement (MOS) for Case No. H7C-NA-C 39 entered into on June 13, 1990 by the Postal Service, the APWU and the NALC requires that anomaly lump sum payments include the Territorial Cost of Living Allowance (TCOLA). Arbitrator Das concluded that “[t]here is no question, ...that not including TCOLA in the calculation of ABC payments results in an employee being compensated less than if the employee had not been promoted, contrary to the basic principle agreed to in [p]aragraph 2 of the 1990 MOS.”
- C-26165, National Arbitrator Das, September 28, 2005: National level arbitration addressing whether the Postal Service violated Article 41.1.A.3 when the Postal Service unilaterally changed route assignments from fixed to rotating days off in conformance with Article 8 of the Boston LMOU. Arbitrator Das held that the Postal Service did not violate Article 41.1.A.3 of the National Agreement.
- C-25724, National Arbitrator Das, January 28, 2005: National Level arbitration regarding three (3) issues: (1) Whether in applying ELM 513.332 may the Postal Service ask employees to describe the nature of their illness/injury; (2) Whether the Postal Service’s implementation of a process that requires employees to notify the Postal Service if they do not accept the second opinion and want a third opinion and; (3) Whether or not employees seeking to substitute paid leave for unpaid FMLA leave are required to provide medical documentation or other acceptable evidence of incapacity to work in accordance with ELM 513.362 even where an employee has previously provided an approved FMLA certification indicating a need for intermittent leave which falls between the certification and a recertification.
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- C-25374, National Arbitrator Nolan, July 25, 2004: Arbitrator Nolan held that Article 8, Section 9 and Article 30, Section B prohibit negotiation of LMOU provisions that provide wash-up to all employees without consideration of whether they perform dirty work or are exposed to toxic materials. Arbitrator Nolan further held that the local parties remain free to define the employees who satisfy those conditions.
- C-25091, National Arbitrator Das, March 22, 2004: Ruling from Arbitrator Das regarding the APWU’s request to add two exhibits to the record while the record in the case remains open for the purpose of receiving the parties’ post-hearing briefs.
- C-25008, National Arbitrator Snow, February 17, 2004: National Arbitrator Snow, February 17, 2004. The arbitrator held that the record of the national limited duty case ( C-18860) is closed. He denied an APWU request for a declaratory judgement that the APWU's collective bargaining agreement must be complied with.
- C-23767, National Arbitrator Stephen Briggs, October 29, 2002: Arbitrator Briggs ruled that the Postal Service may not properly inspect city carrier routes on all six days of the count and inspection week.
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Regional Awards of Interest |
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- C-25902, Regional Arbitrator Thomas F. Levak, April 15, 2005: Provides a sharp focus on the contractual limits on managements right to work PTFs beyond twelve hours in a workday. In this case, the local union grieved managements continued requirement that Part-Time Flexible carriers work beyond 12 hours per day in violation of Section 432.32 of the Employee and Labor Relations Manual (ELM). The Postal Service argued res judicata that the issue in the case has already been decided. Management based that argument on the National Award by Carlton Snow, Case No. A90N-4A-C 94042668 (C-18926), in which he found that the 50 percent remedy in the 1988 Memorandum was the exclusive remedy for violations of 8.5G2. C-25902
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© National Association of Letter Carriers, AFL-CIO |
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