Since the advent of the Temporary Relief Carrier (TRC) employee classification, there have always been special rules regarding the Postal Service’s hiring and use of TRC’s. For many years, there was no limit on the hiring of TRCs, provided the number of bargaining unit leave replacements in the district equaled or was more than 80% of the number of regular routes in the district. When the number of bargaining unit leave replacements in the district dropped below 80%, RCAs were the only leave replacement employees that could be hired. Currently, restrictions on the Postal Service’s hiring of TRCs are area-based. Article 7, Section 4 of the National Agreement states, “[t]he number of TRCs that may be hired within an area is limited to 15% of the total number of regular routes in that area.
In 2003, Postal managers in the Long Island District were notified by the NYRLCA state steward that the number of bargaining unit leave replacements had dropped below the 80% threshold. Despite several notifications, the Long Island District continued to hire TRC’s effectively depriving the NRLCA of bargaining unit personnel. Accordingly, the NRLCA Executive Committeeman filed a class action grievance. At arbitration, the Postal Service conceded a violation of the National Agreement and, after a failed attempt at mediation, the parties presented their respective cases on the remedy.
In a landmark arbitration award from Arbitrator Jay D. Goldstein, the Postal Service was ordered to pay to the NRLCA the sum of $1,400,000 to be used as compensation for those affected current and former RCA employees who worked during the period March 17, 2003 to December 2007 in the Long Island District (based on TRC work hours during that same period). The arbitrator also provided that any balance remaining from the sum awarded shall be retained by the NRLCA as compensation for the loss of union dues during that same period. This award is similar in many respects to arbitration awards in the other Postal crafts in which arbitrators have awarded large sums for the clear loss of work opportunities, particularly where the violations are recurring over many months or years.
