Stipulated Issue:
Did the Postal Service violate Article 16.7 of the National Agreement when it placed the
Grievant, Robert Hall, in Emergency Placement in Off-Duty Status on July 21, 2016? Hf not,
what shall be the remedy?
Background Facts and Circumstances of the Dispute:
The Grievant, Robert Hall, is employed as a Clerk in the Philadelphia P&DC with no prior
discipline in his twenty years of service,
(On July 20, 2016 (all dates hereinafter are 2016 unless otherwise indicated), the
Grievant, as part of his pending grievance concerning a PDI, submitted a written statement to
the Union that included complaints about his Supervisor.
On July 21, Union Shop Steward Larry Love brought the Grievant's statement to the
Postal Police. According to the Postal Police Incident Report, Love told them that the Grievant
is “always writing statements against management and other employees.” Little said he would
take it up with management.
That afternoon, MDO William Greer went to the Postal Police and asked if a Postal
Police Officer could escort the Grievant from the facility after management spoke to him. Greer
then placed the Grievant in Emergency Placement in Off-Duty Status effective that same day,
July 24 (p. 7 of Jt. Exh. 2)
‘The Grievant was sent home but paid Administrative Leave for the next two weeks.
‘Thereaifter, until his return to work on August 31, he was unpai
The Grievant filed a grievance protesting the EP and the Union pursued the grievance
through the contractual grievance procedure to arbitration, The matter not being resolved, it is
properly before me for final and binding arbitration pursuant to the terms of the National
Agreement.
OPINION
Itis now well-established that the placement of an employee on an Emergency
Placement if Off-Duty Status under Article 16.7 of the National Agreement is a form of discipline
subject to the just cause standards of Article 16. In addition, National Arbitrators have made it
clear that this is an “emergency” action that must be taken immediately since the purpose is to
get the employee out of the workplace before potentially doing further harm.
Here, the Grievant wrote a statement for the Union dated July 20. He was complaining
about a PDI on July 9 with his Supervisor. As part of the statement, he listed a litany of,
complaints against his Supervisor. Management was particularly concerned with one paragraph