In the Matter of the Arbitration                                                            Grievant:            Class Action
                  between                                                                              Post Office:        Salt Lake City ASF
  UNITED STATES POSTAL SERVICE                                             Case No:           E98M-1E-C00217553
                  and                                                                                                               SJ8200
  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:                                     September 5, 2002

AWARD
The Grievance is denied.  Management did not violate Article 3 and 12 when it reassigned a senior employee on overtime to other duties instead of junior employees.  The senior employee possessed qualification to perform the reassigned duties while the junior employee' qualifications were suspect.  Employees who worked on their non-scheduled day on overtime basis do not have duty assignments as defined in Article 12 and thus management may reassign those employees without regard seniority.

Date of Award:        October 9, 2002
OPINION AND AWARD

        Local 332 filed the grievance on August 23, 2000 alleging that the Postal Service violated the National Agreement and LMOU by failing to reassign overtime work to employees based on their seniority.  The parties presented evidence, made arguments, and submitted aribtral authority in support of their positions.  The hearing closed on September 27, 2002, the date when briefs where due.

ISSUE
Did the Postal Service violate Articles 3, 5, and 12 when it reassigned employee XXXXX while on overtime without regard to employees' seniority?  If so, what is the appropriate remedy?