REGULAR ARBITRATION PANEL
Between: United States Postal Service
Grievant: Personal
and National Postal Mail Handlers Union
Post Office: SLC, P&DCBefore:
Ed Escamilla, Arbitrator
Case No: E98M-1E-C01226850
HW15701
Appearances: for U.S. Postal Service: Frank
Taylor
for the Union: Woody Hendrickson
Place of Hearing: Salt Lake City, Utah
Date of Hearing: October 24, 2002
Date of Briefs: November 25, 2002
Issue
Is the grievanace arbitrable?
Did the Postal Service violate Articles 3, 12.3E3, 12.3E4, and LMOU.
Article 12.3 when it moved the grievant from his work assignment while non-bid
employees were assigned to perform the Grievant's duties? If so, what
is the remedy?
Opinion and Award
(XXXXXXX), the Grievant, filed the instant grievance on August 2, 2001,
alleging that the Postal Service violated the National Agreement and LMOU
by reassigning him from his original duty assignment and temporarily replacing
him with a non-bid employee. The parties presented evidence, arguments
and arbitral authority in support of their respective positions. The
hearing closed upon mailing of briefs on November 25, 2002.Award
The grievance is denined as the contract violation of arbitrariness and
capriciousness is de mininus in nature not warranting a remedial order.
Date of award: December 3, 2002