September 27, 2020 Live Blogging Jones vs USPS

NYU Prof. Steve Hutkins at Save the Post Office

An update on the overtime issue in Judge Marrero’s order in Jones v USPS. The proposed order indicated that the parties had not agreed on the wording of the overtime passage, but the final order issued on Sept. 25 said, “USPS shall pre-approve all overtime that has been or will be requested for the time period beginning October 26, 2020 and continuing through November 6, 2020.” That seemed to indicate that the issue had been resolved. But yesterday the USPS filed an additional affidavit by David E. Mills, Manager of Labor Relations and Program, challenging the wording of this section of the order.

Mills says the overtime passage in the order “will create a severe burden whereby employees other than local management, in whom such decisions are current vested, may request and work overtime hours, including on behalf of others, on the basis of the Order, even though they have no role in planning or management of operations.” Implementing the overtime passage as written “would be impracticable and would likely lead to widespread confusion among employees and management officials.”

Along with the Mills’ testimony, the USPS has submitted a Memorandum of Law arguing about the overtime passage in the order. The Government wants clarification of the passage “or relief from these provisions through their modification.” “In the alternative, the Government requests that the Court extend the stay of Paragraphs 3 and 7(f) currently in effect, pending a determination by the Office of the Solicitor General of whether to appeal from the PI Decision.”

The parties are still working on a revision of the passage.