As you may recall, the previous pay consultation process with the Postal Service ended with NAPS filing a lawsuit after the completion of a fact-finding report by the nonpartisan Federal Mediation and Conciliation Service (FMCS). The panel significantly found that the Postal Service’s EAS pay system had “serious flaws” and did not meet the requirements of Title 39 to provide a compensation system that attracts and retains qualified career managers and supervisors, provides a reasonable differential in pay between supervisors and the employees they manage and reflects a well-motivated workforce to improve the effectiveness of postal operations.
The fact-finding panel essentially agreed with NAPS’ long standing criticism of the pay system for EAS employees. However, using Title 39, U.S. Code, Section 1004, subsection (3)(5), “ …the Postal Service shall provide the supervisors’ organization its final decision on the matters covered by fact-finding under this subsection. The Postal Service shall give full and fair consideration to the panel’s recommendation and shall explain in writing any differences between its final decision and the panel’s recommendation.”
Thus, the Postal Service used this authority under the law to reject the recommendations of the fact-finding panel and implement a bad pay decision on all EAS employees. Shortly thereafter, NAPS ended up in federal district court, filing a lawsuit against this unfair pay decision. That lawsuit remains in the court system pending resolution as the new pay consultation process unfolds.