REGULAR ARBITRATION PANEL
Between:     United States Postal Service                                                               Grievant:    Personal
                   and National Postal Mail Handlers Union                                             Post Office:    SLC,  P&DC
Before:        Ed Escamilla, Arbitrator                                                                      Case No: E98M-1E-C01158073
                                                                          BM5101

Appearances:    for U.S. Postal Service:  Frank Taylor                         for the Union:  Woody Hendrickson
Place of Hearing:   Salt Lake City, Utah
Date of Hearing:    March 25, 2003
Date of Award:     April 4, 2003
ISSUE
    Did the Postal Service violate ELM 519.62 when it did not pay the Grievant for overtime hours associated with time spent receiving medical attention for an on-the-job injury?

OPINON (IN PART)

    Accordingly, I fing tht ELM 519.62 requires that the Grievant be compensated for any time he spent beyond his normal work hours while waiting for and/or receiving medical attention.  The clock rings show this amount is .59 units.

    However, I note the Postal Service's arguments that the Grievant unnecessarily delayed clocking out by going to the break room.  The Grievant testified that he and his supervisor returned to the plant around 2:20 a.m. but yet he did not clock out until appriximately 2:35 a.m. (0259).  The Grievant did not explain why it took him approximately 15 minutes to clock out after returning from the hospital.  Therefore, I agree with the Postal Service that the Grievant should have clocked out at 2:20 a.m. Therefore backpay is limited to 20 minutes of overtime pay.

AWARD

    The grievance is sustained.  The Postal Service is directed to pay the Grievant 20 minutes of overtime and adjust any applicable payroll records in accord with this award.