The question in this grievance is whether or not management violates Article 16 of the National Agreement as it relates to a disciplinary action imposed on the grievant. The issue in this grievance pursued to regional arbitration, however, at the hearing the Union decided to refer it to the national level for an interpretive opinion of a dispute that arose at the bearing. At the August 4, 1982, arbitration hearing, the Employer contended that, as a result of the grievant's settlement of an EEO complaint which resulted in the disciplinary action (removal) being reduced to a 14-day suspension and, ultimately, all action being rescinded without back pay, the grievance concerning the original removal is now moot. The Union contends that the grievance-arbitration procedures and the EEO complaint procedures are separate and distinct in this regard. Additionally, they contend that the grievance is not moot as the grievant is still in minus two weeks pay as a result of the discipline imposed. Contractually, find no interpretive dispute.
Document Type: USPS Position Letter
APWU National Grievance Number: H1C4FD5967
Craft: Clerk