In the Matter of the Arbitration                                                            Grievant:            (Personal)
                 between                                                                              Post Office:        Salt Lake City ASF
 UNITED STATES POSTAL SERVICE                                             Case No:           E98M-1E-C01058070
                 and                                                                                                               LH11500
 NATIONAL POSTAL MAIL HANDLERS
 UNION

 BEFORE: Eduardo Escamilla, Arbitrator
 APPEARANCES:
             For the U.S. Postal Service:        Nancy Oman
             For the Union:                            Woody Hendrickson
Date of Hearing:                                     August 26, 2002

AWARD:
The grievance is sustained.  The Postal Service violated Article 3 when it acted in an arbitrary and capricious manner by refusing the Grievant to work his regular assignment, by sending the Grievant home, and by placing the Grievant on LWOP because the Grievant refused to accept a higher-level assignment due to his illness.

Date of Award:        October 7, 2002
OPINION AND AWARD

Was the grievance timely?
ISSUE:
Did the Postal Service violate the National Agreement Article 3 and Article 11.6C or applicable handbooks by placing the Grievant on LWOP because he refused to accept a higher-level assignment because of his illness?  If so, what is the appropriate remedy?
AWARD:
    The grievance is sustained for the reasons stated above.  The Postal Service is directed to make the Grievant whole for lost holiday pay for the Grievant's scheduled hours for Thanksgiving Day, 2000 and to correct his attendance record in accordance with the findings herein.