Arbitrator Das Rules on Line J Dispute
A SIGNIFICANT WIN FOR CUSTODIAL EMPLOYEES!

On July 12,2004, National Arbitrator Shyam Das issued an award rejecting the Postal Service’s argument that Line J’s (PS Form 4852) only purpose is to determine whether facility cleaning can be contracted out and Line J ceased to have any purpose because the parties adopted a new methodology to govern contracting out. In his award, Arbitrator Das ruled that “the Postal Service’s obligation in a properly staffed facility is to abide by the criteria or standards established in [Handbook] MS-47 for both unit performance as well as frequencies,” and “[t]he specific frequencies to be followed at a particular location are those specifically on the PS [Form] 4852.” Das concluded that “[t]he average weekly hours total shown on Line J of PS [Form] 4852 is an approximate yardstick against which to measure management’s compliance [with the MS-47 Handbook and frequencies set out on the PS Form 4852], but does not constitute a rigid obligation which cannot be deviated from.” Fred Jacobs, President Oakland APWU

In 1983, the Postal Service issued a revised MS-47.  A major "bone of contention" at the time was the USPS use of "Line D" and "Line J" to contract out custodial work.  The parties reached agreement, in 1994, on a different methodology for determining whether the work should be contracted out.  Throughout, PS 4852 remained unchanged.

By this time, many grievances had been filed by local unions which argued that management was failing to schedule custodial hours in accordance with "Line J" and the Gamser Award.  Many of these were sustained at the Regional Level.  Management then determined to label the issue "interpretive," sending it to the great "Black Hole" feared by local union representatives everywhere--Step 4.  The Union had no choice but to file for National Level Arbitration.

Arbitrator Das held that the issue was interpretive and, thus, properly before him.  Since each facility and grievance would have "specific fact circumstances" unique to that facility and/or grievance, Das held that each grievance would have to be remanded to the field for application (upholding the Union's contention).  Das also stated that his decision applied only to the 1983 MS-47, not the 2001 version.

Importantly, Das rejected management's arguments as follows:

Management argued that the Gamser Award did not apply to the 1983 MS-47.  Das ruled that management had an "obligation to conform to MS-47 standards consistent with the Gamser Award."

Management argued that "Line J" was meaningless.  Das ruled that "The specific frequencies to be followed at a particular location are those specified on the PS 4852.  The average weekly hours total shown on Line J...is an approximate yardstick against which to measure management's compliance."

Management argued that many weeks were not "average."  Das noted that there was no dispute between the parties that the "Line J" total is not "a rigid obligation" to be fulfilled each and every week.  Das noted that exceptions would likely exist due to unexpected absences, holidays and seasonal work (though at least some of these would have been applied to Line H).  However, Das noted, "a significant deviation from this average particularly over an extended period is likely to reflect a failure to meet the required standards."

According to APWU Maintenance Division Director Steve Raymer, the award applies to offices which are fully and properly staffed.  "We believe that this shifts the burden to the USPS to not only assert one of the three exceptions to not completing the work, but must also justify and prove the exception made compliance with Gamser and the frequency of cleaning requirements impossible."

Raymer cautions locals that they must document their cases.  "Having accurate work records is critical in applying this award."  A well documented grievance, he says, will verify what work was not performed. Martin Johns, Secretary-Treasurer, Red Bank APWU

 Arbitrator Shyam DAS said :

 In sum, the Postal Service's obligation in a properly staffed facility is to abide by the criteria or standards established in the MS-47 for both unit performance as well as frequencies. The specific frequencies to be followed at a particular location are those specified on the PS 4852. The average weekly hours total shown on Line J of PS 4852 is an approximate yardstick against which to measure management's compliance, but does not constitute a rigid obligation which cannot be deviated from. As noted above there are a variety of circumstances in which management may schedule and/or work fewer hours than the Line J average in a particular week without violating its obligation to conform to MS-47 standards consistent with the Gamser Award. PostalReporter.com

National Level grievance on the 2001 Handbook MS-47 (Housekeeping Postal Facilities) .