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-C01083785
Appearances: for U.S. Postal Service: Nancy Oman
HW1601
for the Union:
Dustie Preston
Date of Hearing: September 8, 2002
Opinion And Award
Local 332 filed the instant grievance on February
2, 2001 alleging that the Postal Service violated Article 8.4D by ordering
tour 3 non-volunteers to work excessive and sustained overtime. The
parties presented evidence, arguments and arbitral authority in support of
their respective positions. The hearing closed on October 8, 2002.
The award issued in conjunction upon the mailing of briefs on October 30,
2002 in companion Case E98M-1E-C01029509.
Issue
Did the Postal Service violate Article 8.4D by assigning
excessive and sustained overtime to tour 3 non-volunteers? If so, what
is the remedy?
Statement of Facts
I take official notice of Case E98M-1E-C 01029509 which this Arbitrator heard
on October 8, 2002 involving the same parties. The instant case and Case
E98-1E-C 01020509 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 denied.