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.