Unions Prevail in Hatch Act Arbitration Concerning Use of Union LWOP for Political Activities

  Unions Prevail in Hatch Act Arbitration Concerning Use of Union LWOP for Political Activities

We are pleased to provide a linked copy of a National Arbitration Award issued by Arbitrator Stephen Goldberg on August 6, 2018 in a case concerning the use of Union LWOP for political activities under the National Agreement. The matter was heard in June 2018, briefed in July 2018, and decided earlier this week. The case was initiated by the APWU, with the NPMHU and the NALC intervening.

Based on the investigative findings of the Office of Special Counsel, and on political pressures from Senator Johnson and his supporters, the Postal Service unilaterally issued a Corrective Action Plan, which included changes to the ELM and its regulations on the use of Union LWOP and to the Form 3971. Those changes were made unilaterally, and without any bargaining or even consultation with the major postal unions.

Arbitrator Goldberg easily found that these unilateral changes violated the National Agreement, and ordered that they be rescinded. He also ordered the Postal Service to bargain with the APWU about any changes to Union LWOP. To reach this conclusion, he rejected the USPS claim that the Office of Special Counsel has the authority to demand that USPS make these changes.

With this arbitral victory, bargaining over the changes to Union LWOP submitted by the Postal Service is expected to occur over the coming weeks and months.

(August 7, 2018) President Paul Hogrogian's memorandum re: Arbitrator Stephen B. Goldberg's decision; Hatch Act and LWOP Case No. Q15C-4Q-C 17697250 and Case No. Q15C-4Q-C 18033533 (pdf)

Reference: www.npmhu.org  

How does LWOP affect me?

  Effect of Extended Leave Without Pay (LWOP) (or Other Nonpay Status) on Federal Benefits and Programs

"...An aggregate nonpay status of 6 months in any calendar year is creditable service. Coverage continues at no cost to the employee while in a nonpay status. When employees are in a nonpay status for only a portion of a pay period, their retirement deductions are adjusted in proportion to their basic pay (5 U.S.C. 8332 and 8411).

High-3 average salary computations are based on periods of creditable service. Thus, periods of nonpay status of 6 months or less in a calendar year that fall within an employee’s average salary period are included in the calculation of the average salary using the rate of basic pay in effect during the period of nonpay status. For example, if a full-time employee whose annual rate of basic pay is $85,000 per year is placed in nonpay status for 3 months, that 3-month period would be credited in the average salary calculation using the $85,000 basic pay rate. (If the rate of basic pay changed to $86,500 per year after 2 months of the nonpay period, the first 2 months of the nonpay period would be credited in the average salary calculation using the $85,000 basic pay rate and the last month of the nonpay period would be credited in the average salary calculation using the $86,500 basic pay rate.)..."

Reference: www.opm.gov  
Notes: Effect vs Affect