REGULAR ARBITRATION PANEL Between:     United States Postal Service                                                                        Grievant:    Class Action
                    and National Postal Mail Handlers Union                                                    Post Office:    SLC,  P&DC
Before:         Ed Escamilla, Arbitrator                                                                             Case No: E98M-1E-C010129509
Appearances:    for U.S. Postal Service:  Nancy Oman                                                                   SJ11100
                         for the Union:                 Dustie Preston
Date of Hearing:    September 30, 2002
Date of Briefs:        October, 30, 2002 Opinion And Award     This matter was heard in Salt Lake City, Utah based on a grievance filed by Local 332 alleging that the Postal Service violated the National Agreement by assigning overtime to tour 1 employees rather than to casuals.  The parties presented evidence, arguments and arbitral authority in support of their respective positions.  The hearing closed upon mailing of briefs on October 30, 2002. Issues
     Did the Postal Service violate the National Agreement by assigning overtime to tour 1 employees on October 28 through November 9, 2000 in violation of Article 3, 7,1B, 8.4D, 8.5D, and 14?  If so, what is the appropriate remedy?
  Statement of Facts
     I take official notice of Case E98M-1E-C 01083785 which this Arbitrator heard on October 8, 2002 involving the same parties.  The instant case and Case E98-1E-C 01083785 deal with the same issue except the instant case deals with tour 1 and the subsequent case deals with tour 3.  Each case has other distinct issues that are dealt separately in the respective cases. Irrespective of the distinct issues, I would be remiss to fail to consider both cases at the same time.  Accordingly, the awards in both cases will be issued at the same time.  I shall take official notice of the evidence introduced in both cases in analyzing the common issues. Award     The grievance is sustained.  The Postal Service is directed to cease and desist improperly utilizing casuals to the detriment of tour 1 non-volunteers and adhere to the pecking order of Article 8.5D by assigning overtime to casuals before requiring non-volunteers to work overtime.  It is further directed that non-volunteers be granted LWOP for the amount of overtime hours they worked from October 28 through November 9, 2000.  However, tour 1 non-volunteers must exercise their right to request LWOP within one year from the date of this award.  Furthermore, the Postal Service may deny requests for LWOP if those requests are for days before or after holidays, or during the period defined in Article 8.5F.