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Rural Carrier Contract Award

Rural Carrier Contract Award

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Published by PostalReporter.com

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Published by: PostalReporter.com on Jul 03, 2012
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07/10/2013

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IN THE MATTER OF THE INTEREST ARBITRATION *BETWEEN ***UNITED STATES POSTAL SERVICE ***AND ***NATIONAL RURAL LETTER *CARRIERSASSOCIATION * CHAIRPERSONS FILE NO: 2011-3252AWARDBOARD OF ARBITRATIONJACK CLARKE, NEUTRAL CHAIRPERSONJOEY C. JOHNSON, NRLCA ARBITRATORROBERT A. DUFEK, USPS ARBITRATORAWARD DATE: JULY 3, 2012APPEARANCES FOR THE PARTIESNRLCAMichael Gan, Esq., Peer, Gan & Gisler, LLP, Washington, D.C.Mark Gisler, Esq., Peer, Gan & Gisler, LLP, Washington, D.C.Jean-Marc Favreau, Esq., Peer, Gan & Gisler, LLP, Washington, D.C.Joshua Scharff, Esq. Peer, Gan & Gisler, LLP, Washington, D.C.Dennis D. Clark, Esq., Peer, Gan & Gisler, LLP, Washington, D.C.Jeanette P. Dwyer, President, NRLCAUSPSKevin B. Rachel, Esq., Manager, Collective Bargaining and Arbitration, Washington, D.C.Stephan J. Boardman, Esq., Chief Counsel, Labor Relations and Appellate Counsel,Washington, D.C.Brian M. Reimer, Esq., Labor Counsel, Washington, D.C.Teresa A. Gonsalves, Esq.,
Labor Counsel,
Washington, D.C.Thomas E. Reinert, Jr., Esq., Morgan Lewis & Bockius, LLP, Washington, D.C.
Katherine P. Sullivan, Labor Relations Specialist,
Washington, D.C.
 
Page 1
PROCEDURAL HISTORY
The United States Postal Service is hereinafter referred to as “USPS”. TheNational Rural Letters Carriers’ Association is hereinafter referred to as “NRLCA”.The USPS and NRLCA entered into a Memorandum of Understanding regarding“Interest Arbitration Procedures” executed by counsel for the NRLCA and the USPS onOctober 19 and 20, 2011, respectively, (hereinafter “2011 Ground Rules”).
1
The 2011Ground Rules provide in part:Pursuant to 39 U.S.C. Sections 1206(c) and 1207(c)(1), theNational Rural Letter Carriers’ Association (“NRLCA”) and the UnitedStates Postal Service (“USPS”) agree to the following alternateprocedures in an attempt to resolve their 2010 collective bargainingdispute:1. NRLCA and USPS have agreed to proceed directly to interestarbitration. There shall be a three member interest arbitration panelcomprised of the following individuals:Jack Clarke Neutral ChairpersonJoey Johnson NRLCA ArbitratorRobert A. Dufek USPS Arbitrator
2
The parties further agreed to submit Pre-Hearing Briefs to the Board of Arbitration; theChairperson received hard copies of the Pre-Hearing Briefs of the NRLCA and theUSPS on December 1 and 2, 2011, respectively.In accordance with the 2011 Ground Rules, the Board of Arbitration conductedevidentiary hearings in a conference room within the USPS Headquarters inWashington, D.C. on December 5 through 8, 2011 and January 4 through 6, 2012.
1
USPS Exhibit A1.
2
Hereinafter, the three member interest arbitration panel will be referred to as the“Board of Arbitration”; see 39 U.S.C. § 1207(c).
 
Page 2On January 3, 2012, Richard I. Bloch, Esq., a “National Panelarbitrator asprovided for in Article 15 “Grievance and Arbitration Procedure”, Section 5 “Arbitration”,Subsection C “National Arbitration” of the Agreement between the United States PostalService and the National Rural Letter CarriersAssociation 2006–2010 (hereinafter“2006 NRLCA-USPS Agreement”) issued a decision wherein he resolved Case No.Q06R-4Q-C1017621 (hereinafter “Bloch 1.3.2012 Decision”).
3
The case related to thecontractual propriety of the USPS’s having conducted a video-taped time study (“RCSR2010”) in preparation for this interest arbitration. Arbitrator Bloch awarded:The Postal Service violated Article 34 of the Collective BargainingAgreement by conducting the time studies at issue without observing allprocedural mechanisms required in that provision. As remedy, the PostalService is ordered to cease and desist. Further remedial requests aredenied.After briefing the question, the NRLCA and the USPS argued via videoconference on February 3, 2012 their respective positions regarding what impact, if any,the Bloch 1.3.2012 Decision should have on the USPS’s submission of RCSR 2010 inthis interest arbitration.The Board of Arbitration issued an Interim Award dated February 8, 2012(hereinafter “Interim Award”). The Interim Award is adopted and incorporated byreference as if set out in full at this point.The Board of Arbitration conducted further evidentiary hearings byvideoconference on February 21, 22, 23, 28, and 29; March 1, 2, 12, 13, 15 and 16; andApril 16, 17, 18, 20, 23, 24 and 25, 2012.
3
Counsel for the USPS and NRLCA jointly provided the Chairperson with a copy of theBloch 1.3.2012 Decision by email dated January 24, 2012.

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