The APWU has won a major national arbitration decision protecting the rights of Maintenance Craft employees. On August 13, Arbitrator Margo R. Newman ruled that positions awarded to promoted employees who are in “pending qualification” (PQ) status to receive additional training are not vacant duty assignments and therefore cannot be unilaterally reverted by the Postal Service. The decision strengthens the contractual protections of Maintenance Division workers, as it requires management to follow Article 12 procedures, including saved grade and retreat rights, rather than cancelling promotions to avoid negotiated safeguards.
“This decision is a major victory for the Maintenance Division and the APWU crafts as a whole. Arbitrator Newman’s award finally resolves this issue and affirms that our members’ rights must be respected,” said APWU Maintenance Division Director Idowu Balogun.
“My congratulations to Maintenance Director Idowu Balogun and all those involved in this grievance victory. This case defended and secured fairness in the promotion and qualifying process,” added APWU President Mark Dimondstein. “Way to go APWU!”
Arbitrator Newman found that PQ positions are encumbered posts, not vacancies, and cannot be reverted outside the strict limits of Article 38.
Newman’s summary read: “The parties negotiated a process by which a successful applicant for promotion who requires some additional training can be placed in the position for the period of time necessary to obtain and pass such training, while enjoying all of the contractual benefits of the position. However, just because the promotion is not yet finalized during the time the employee is in PQ status, and the employee remains in his Form 50 occupational group and level (for Article 12 and 38 preferencing purposes), does not mean that the position for which he was the successful bidder remains vacant while the employee is PQ for his promotion into it.”
Read the entire award HERE
While sustaining the grievance, Newman remanded the issue of remedies to the parties, retaining jurisdiction should further hearings be necessary to identify affected employees and determine appropriate relief. If you have been affected, please email Maint-HQ-Update@apwu.org.
This decision protects the integrity of Maintenance Craft promotions and ensures that employees promoted PQ cannot be stripped of their rights. It represents a clear victory for the Maintenance Division, achieved through the testimony of union witnesses and the leadership of National Maintenance Division Director Idowu Balogun and Assistant Directors Terry B. Martinez and Jason Treier.
If you would like to know more, or believe you may have been affected, please register to attend the maintenance webinar, which is being held on Sept. 2 at 3 p.m. ET : https://us02web.zoom.us/meeting/register/QtGbxhD8RZKUyyqobW5zlg
