The Contract will be Expiring on September 20, 2019. Now What!?
Our current National Agreement will be expiring at midnight on September 20, 2019. Does that now mean that we will not have a contract or that the work rules that had been previously negotiated have no meaning and are not enforceable. The answer is a resounding “NO!”
The contract and the work rules are still enforceable per the 2016-2019 National Agreement. The USPS and NALC must still comply with that agreement. Instead, both parties who are currently in negotiations have several options. 1) They can agree to continue to negotiate. 2) they can ask for mediation. This would require a third party to assist the two parties in crafting a solution. Or 3) The parties could request immediate arbitration which means they would have to both agree to a “neutral” arbitrator who would be part of a tripartite arbitration panel. All parties would hear testimony from both sides on the outstanding issues that were unresolved during the period of prior negotiations.
The tripartite panel would consist of a “neutral” arbitrator and a representative from both the union and management. The panel listens to the testimony of both sides during the hearing and then writes s decision. In reality, however, it the “neutral” arbitrator who renders the final decision.
The real question that should be asked is will we go immediately to arbitration or will we continue to negotiate or mediate. If you recall, the last contract expired in May of 2016 but was not negotiated and ratified by the members until August of 2017.
What was surprising after the contract was negotiated is that the Postal Service still tried to change some of the terms and conditions. There were several issues on CCAs concerning “holiday” pay, “hold in place,” failing to promote CCAs and over hiring of CCAs. A final issue that is still pending concerned letter carriers taking “leave without pay” to participate in political activities. This one has still not been resolved. Let’s hope it is before the 2020 National elections begin.
In the January/February 2018 Limb leader I wrote that I believe we should go immediately to arbitration should we fail to negotiate an agreement when the contract expires. Granted, there is a requirement for a “cooling” off or mediation process but that should not delay the arbitrating of a contract after 90 days of expiration. What that would mean is that arbitration should begin sometime in December 2019 or at the latest January 2020!
I believe it is even more imperative to arbitrate sooner rather than later. The political climate in our country is becoming toxic and this is about 18 months before the National elections (November 2020). There are no efforts to work together from either political party. We do not need to be in this type of climate if we are trying to negotiate in June or September of 2020.
There is also the chance that the current Postmaster General, Megan Brennan will resign or retire before a “new” contract could be negotiated. Do we really believe that President Trump would appoint a more reasonable management representative for the Postal Service. Would a “new” Postmaster general be more flexible or would they believe they have to prove a point? Perhaps even President Trump would become a major player who could disrupt and delay any “new” contract. After all, he has an opinion on everything and takes tremendous pride in his ability to “make a deal.”
Now is the time for our National leaders to take a stand and insist that we pursue arbitration if we cannot negotiate a “new” agreement by September 20, 2019. In my opinion, delaying the process will only place a “future” agreement in jeopardy and outside interference from our political opponents and critics.
