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APWU Step 4 Dispute on Limitation to Local Commuting Area

APWU Step 4 Dispute on Limitation to Local Commuting Area

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Published by: PostalReporter.com on Sep 25, 2012
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09/25/2012

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Greg Bell, Director
Industrial Relations1300
l
Street
NW
Washington,
DC
20005(202) 842-4273 (Office)(202) 371-0992
(Fax)
National Executive Board
William
BurrusPresident
Cliff
··c.
J:
Guffey
Executive Vice President
Terry
Stapleton
Secretary-Treasurer
Greg
Bell
Industrial
Relations
Director
James "Jim"
McCarthy
Director, Clerk
Division
Steven G.
"Steve
.
RaymerDirector,
Maintenance
DivisionRobert
C.
"Bob"
Pritchard
Director, MVS
Division
Sharyn M. StoneCentral
Region
Coordinator
Mike
Gallagher
Eastern
Region
Coordinator
El1zabeth "Liz'"
PowellNortheast
Region
Coordinator
William
"Bill" Sulllvan
Southern
Region
CoordinatorOmar M.
Gonzalez
Western
Reg1on
Coordinator
American
Postal Workers
Union,
AFL-CIO
J
300
L Street, NW,
Washington,
DC
20005
Appeal to Arbitration, National Dispute
VIA FACSIMILE AND REGULAR MAILMr. Doug TulinoVice President, Labor RelationsU.S. Postal Service, Room 9014475 L'Enfant PlazaWashington, D.C. 20260April 11, 2008Re: USPS Dispute No. QOOC4QC07078116, APWU No. HQTG20071,Limitation on the Reassignment
of
a Recovered Employee to the LocalCommuting AreaDear Mr. Tulino:Please be advised that pursuant to Article 15, Sections 2 and 4,
ofthe
CollectiveBargaining Agreement, the APWU is appealing the above referenced dispute toarbitration.
USPS#:
QOOC4QC07078116APWU
#:
HQTG20071cc: Resident OfficersIndustrial RelationsFile
GB/ee
Sincerely,
dJ
;'I
()
(?'
/J!L'tt
JJ.t~/'
Greg ell, DirectorIndu trial Relations
Case Officer: Sue CarneyStep 4 Appeal Date: 211/2007Contract Article(s): ELM, Reassignment
of
Employees Injured on Duty;
 
Susan M. Carney
Human Relations Director(202) 842-4270 (Office)
(202)2!6-2634
(Fax)
National Executive Board
William
BurrusPresident
Greg
SellIndustrial Relations
Director
James "Jlm"
fv1cCanhy
Dm.:ctor.
Oerk
Division
Steven
G
')te\.·e··
Raymer
Director.
Maintenance
DivisionRubert
C.
··sob·· Pritchard
Director.
MVS
DIVision
M Sronf'
Reoion
Coofcl<ndt<.H
Jim
BurkP
Eastern
ReQion Coo1
dinato:
nzabeth
~uz··
Powell
No~t~1east
Region Coorc!:n0torWilliam "B:Ir Suthvan
Southe~nRegH~n
(
oordinRtor
OmJr
M.
Gonzalez
\.t'este(n Region
(
oordin?.tor
American Postal Workers
Union,
AFL-CIO
1300 L Street.
NW,
Washington,
DC
20005
Article 15 -15 Day Statement
of
Issues and Facts
Via
Facsimile
and First
Class
Mail
Mary HerculesLabor Relations Specialist
U.S.
Postal Service,
Room
9142475 L'Enfant
Plaza
Washington,
D.C.
20260-4125March 31, 2008
Re:
APWU
No.HQTG20071,
USPS
No. QOOC4QC07078116
Dear
Ms.
Hercules:Meetings
on
the above referenced dispute were held between
the
parties in accordancewith Article
15
of
the Collective Bargaining Agreement. Article 15, Section 2 (Step
4)
provides that
if
the parties fail
to
reach an agreement, then within 15 days
of
their
meeting
each
party shall provide the other with a statement in writing
of
itsunderstanding
of
the issues involved, and the facts giving rise
to
the dispute.The following
is
the
APWU's
statement
of
issues and facts concerning this dispute:
It
is
the position
of
the
APWU,
without prejudice to our position regarding
the
PostalService "National Reassessment Process",
that
the assignment
of
an employee with anaccepted workplace injury who has partially recovered more than one year from
the
date
that
eligibility for compensation begins should
not
be limited
tothe
localcommuting area. The availability
of
such assignments should be assessed agency wide;There
is
no disagreement
that
5
CFR
353.301(d) requires the Postal Service
to
makeevery effort
to
restore a partially recovered employee
to
a medically suitable
job
in
the
!oca!
commuting
area.
HC\"Jever,
this
regulatory
languageestablishes
the
minimum
action
that
the Postal Service
is
required
to
take;The Postal Service has promulgated Article 19 handbook and manual language whichestablishes a binding obligation which exceeds the minimum required
by
federalregulation.
In
Chapter 546.142
of
the
ELM,
the Postal Service establishes a policy whichexceeds the minimum requirement set forth in 5
CFR
353.301(d). Also, unlike
the
cited
CFR
language, the Postal Service policy makes no distinction between employees
who
have partially recovered within one year and those whose partial recovery has takenmore than one year;The cited
ELM
language obligates the Postal Service
to
"make every
effort"
to
assignpartially recovered employees to jobs which are consistent
with their
medically definedwork limitation tolerances. There
is
no language which limits
the
required
"effort"
to
specific geographic areas. Furthermore,
the
Postal Service clearly anticipates
that
their
 
effort to find
medically
suitable
work
can
extendbeyond
the work facility to which the
employee
was
regularly
assigned.
Theonly
geographic limitation established by this
ELM
language
is
that
such
out-of-facility
assignments
must
be asclose
as
possible tothe original work facility.
There
is
no
language
which
limits
such
assignments
only tothe
local
commuting
area;
Also,
the
language
of
ELM
546.12 obligates
the
PostalService
to minimize
any adverse
or disruptive impact
on
the
employees who
are experiencing
this reassignment
process.
By
unilaterally
applying
a
standard
("commuting area") that
necessarily
limits the
area
of the
reassignment
effort, the
Postal
Service
has
not only failed to minimize any
adverse
or disruptive
impact
on
the
employee,
but
has
actually created the potential for
such
impact.
If
this
newstandard
causes
the
Postal
Service
to
be
unable to find
medically
suitable work,
employees
will
experience
further negative impact
as
a result
of
the
eventual
loss
of
their
Postal
Service
employment.
Please
contact
me
if
you wish
to
discuss
this matter.
APWU
#:
HQTG20071
USPS#:
QOOC4QC07078116
cc
Industrial
Relations
SCI
eae
Sincerely,
~~?
_
..
·
·~san
M.
Carney
"
Case
OfficerDispute Date: February
1, 2007
Contract Articles: 5;
15;
19;
ELM
546,Reassignment
of
Partially
RecoveredEmployees

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