REGULAR ARBITRATION PANEL

Between:     United States Postal Service                                                                        Grievant:    Class
                   and National Postal Mail Handlers Union                                                     Post Office:    SLC,  P&DC
Before:        Eduardo Escamilla, Arbitrator                                                                      Case No: E00M-1E-C 03166232
                                                                                       HW4103

Appearances:    for U.S. Postal Service:  James Hickok                         for the Union:  Woody Hendrickson

Place of Hearing:  Salt Lake City, Utah
Date of Hearing:   July 15, 2004
Date of Briefs:      July 27, 2004
Date of Award:    August 3, 2004

ISSUE  Is the grievance arbitrable?  If not, what is the appropriate disposition?  Did the Postal Service violate Article 12.3  E4 on June 16, 2003, by reassigning Ray Moritz from his work assignment while working overtime on a non-scheduled day and replacing him with a casual employee?  If so, what is the appropriate remedy?  Did the Postal Service engage in arbitrary and capricious conduct by reassigning Ray Moritz from his work assignment and replacing him with a casual employee?  If so, what is the appropriate remedy?

In part:  Thus, having found that the Grievant soes not have a right to any duty assignment or properly held position when working on his non-scheduled day off; that Article 12.3 E4's bumping right protection is not applicable to employees working in a similar situation; and that management did not act in an arbitrary and capricious manner, the grievance is denied.

AWARD
The grievance is denied.