the question in this grievance is whether management violated the provisions of Article XXXVII, Section 3.F.4.C by denying to a senior bidder, who has previously failed to qualify on an LSM assignment, the right to bid on another LSM assignment. Another question raised is whether dexterity constitutes part of the LSM training and/or qualification. After reviewing the information in the file and other relevant documents, our position is as follows:
If the senior bidder for an MPLSM duty assignment is an employee who is not machine qualified, and who has previously failed in one or more attempts to complete the prescribed training successfully, the circumstances of the case must be carefully reviewed and evaluated to determine whether to select or passover the employee. Consideration must be given to the following factors, if determinable; the length of time since the last failure to complete the prescribed training successfully; the point in the training where the failure occurred; the cause of the failure; and whether the reason for the prior failure continues.
In response to the second question raised in this grievance, we conclude that in accord with Part. 534.1 of the M-54 Handbook, training on keying numbers, is part of the overall qualifications. This keying of numbers is part of the dexterity portion of the training since no memory items or scheme items are involved. An employee may not be denied the right to bid on an LSM assignment solely on his failure to pass this initial phase of training. Our position stated in the answer to the first question would apply. If you concur with our position on previously unsuccessful bidders, we can mutually agree to remand this case back to the Step 3 level for determination by the parties at that level as to whether the grievants in this instant case were improperly denied the opportunity to bid. The grievance should be disposed of at that level.
Document Type: Step 4 Agreement
APWU National Grievance Number: A8W0779, W8C5DC10368
Craft: Clerk