REGULAR ARBITRATION PANEL

Between:     United States Postal Service                                                                        Grievant:    Personal
                   and National Postal Mail Handlers Union                                                     Post Office:    SLC,  P&DC
Before:        Eduardo Escamilla, Arbitrator                                                                      Case No: E98M-1E-C 02117326
                                               MT3202

Appearances:    for U.S. Postal Service:  Nancy Oman                         for the Union:  Steve Jensen

Place of Hearing:  Salt Lake City, Utah
Date of Hearing:   November 14, 2003
Date of Briefs:      December 15, 2003
Date of Award:    December 23, 2003

ISSUE:  Did the Postal Service violate the National Agreement, the 1995 Stipulation and Agreement, Postal Service Publication 804, Section 5.4 and a prior arbitration award by ordering mail handlers not to assist lumpers in the unloading of drop shipments (bedload shipments)?  If so, what is the appropriate remedy?

STATEMENT OF FACTS:
Overview

    On March 22, 2002 the Union filed the grievance alleging violations of Articles 3, 5, 15, 19, and 32.2; the Stipulation and Agreement in Case E90-M-1E-C 962047564 (Goodman, 1995); and the arbitration award in Case E98M-1E-C 00085503 )Zodrow, 2001).

    The Parties have litigated numerous issues surrounding mail handlers assisting non-Postal Service drivers load and unload mail from non-Postal Service vehicles since 1995 following the Stipulation and Agreement.  Arbitrator Zodrow has issued three awards regarding the interpretation and application of the Stipulation and Agreement, of which the parties submit the last award is relevant to this case.  On June 28, 2002 the parties requested the arbitrator to clarify his last award wherein he stated,

"In the absence of a lumper, Management must utilize mail handlers who are assigned and on duty on the platform to assist the HCR driver in unloading drop shipment, which require mail handlers to physically handle the mail."

ANALYSIS:
    The Union argues that the Postal Service violated Articles 3, 5, 15, 19, and 32.2; the Stipulation and Agreement; and Arbitrator's Zodrow award.  The Union referred to the Postal Service's Publication 804, Section 5.4 in support of its Article 19 argument.

    The Postal Service argues that when a driver utilizes a lumper, irrespective if the driver is not contemporaneously unloading the vehicle, the Stipulation and Agreement preamble's condition of drivers loading or unloading vehicles exclusively dispenses with the requirement that mail handlers assist the drives.  The Union contends that when a lumper unloads the vehicle by himself and the driver is not in the vehicle assisting the lumper, the lumper assumes the drive's status of unloading the vehicle by himself requiring the Postal Service to assign mail handlers to assist the lumper to unload the vehicle

    Accordingly, I conclude that there is no contractual obligation that requires the Postal Service to assign mail handlers to assist lumpers unload drop shipment.

AWARD:    The grievance is denied. .