”APWU has initiated a Step 4 Dispute over the Postal Service’s violation of their obligation to minimize to the extent possible the impact of excessing on full-time and part-time (regular work force) employees by the separation of all casuals and their decision to utilize casual employees in lieu of regular work force employees to fill duty assignments withheld pursuant to Article 12″ of the National Agreement.

Excerpt: Utilization of Casuals to Fill Vacancies Withheld Pursuant to Article 12 (PDF)

Dear Mr. Tulino:
In accordance with the provisions ofArticle 15, Sections 2 and 4, of
the National Agreement, the APWU is initiating a Step 4 dispute over the
Employer’s obligation pursuant to Article 12 to minimize to the extent
possible the impact ofexcessing on full-time and part-time flexible (regular
work force) employees by separation of all casuals, and the Postal Service’s
decision to utilize casual employees in lieu ofregular work force employees to
fill withheld duty assignments under Article 12.

The Postal Service has recently taken the position that instead of
separating all casual employees as required in accordance with Article 12, it
can retain and utilize casual employees in lieu ofregular work force
employees to fill withheld duty assignments under Article 12. The Postal
Service takes the position that this is consistent with Arbitrator Das’s award in
Case #Q98C-4Q-C 00100499. The APWU disagrees.

In sustaining the APWU grievance in Case #Q98C-4Q-C 00100499,
Arbitrator Das ruled that Article 7.1 .B. 1 ofthe National Agreement
establishes a separate restriction on the employment ofcasual employees, in
addition to the other restrictions set forth in other paragraphs ofArticle 7.1 .B.
He rejected the Postal Service’s assertion that Article 7.1 .B. 1 does not restrict the Postal Service from employing and using casual employees for whatever function it chooses for as long as it chooses, provided the casual cap
limitations and the two 90-day plus Christmas period term restrictions are not
exceeded.

source: American Postal Workers’ Union

Related link:

Grievances settlements for ‘casual in lieu of’ have cost USPS $$millions.