In the Matter of the Arbitration between
UNITED STATES POSTAL SERVICE
and
NATIONAL POSTAL MAIL HANDLERS
UNION, Local 332
Case No. E94M-1E-C99014433
Impartial Arbitrator:  Philip Tamoush
Hearing Held:  April 14, 1999 Salt Lake City, Utah
Award Issued:  July 22, 1999
Appearances:  For the Union:  Tom DeGarlais Administrative Vice President
                       For the Service:  Frank W. Taylor, Labor Relations Representative
ISSUE:  The Parties agreed to the following Statement of the Issue:  Did the Employer violate the terms of the Parties' National Agreement, as outlined in Article 3, 5, 7.1B, in the employment of casuals in the Salt Lake City GMF on Tour III as a supplemental work force?  The Postal Service also raised the issue of timeliness both with regard to remedy and the Union sitting on its rights.
AWARD:  The grievance is sustained.  The Service violated the Agreement when it utilized Casual employees in a manner other than supplemental, and in lieu of full or part-time employees.  The Service is ordered to cease and desist from utilizing Casual employees except in emergencies, temporary heavy work load, and other similar unanticipated coverage (e.g., short notice annual leave).  The Service is ordered to pay the Union an overtime rate calculated from the period of time fourteen (14) days prior to the filing of this grievance to the date of this Award, or to the date the manner indicated above.  Management is ordered to employ full time and part time employees consistent with this Award and not to employee Casual employees to augment the regular work force in its regular day to day duties or for planned and anticipated absences as has been the case.