NRLCA Award on Review and Concurrence

A National Rural Letter Carriers Association (NRLCA) award in which the arbitrator found that Article 16.6 of the USPS-NRLCA National Agreement, which is not materially different from Article 16.8 of the USPS-APWU National Agreement, is violated “if there is a ‘command decision’ from higher authority to impose a suspension or discharge”; “if there is a joint decision by the initiating and reviewing officials to impose a suspension or discharge”; or “if there is a failure of either the initiating or reviewing official to make an independent substantive review of the evidence prior to the imposition of a suspension or discharge.” The arbitrator ruled that these violations are “fatal” and “invalidate the disciplinary action and require a remedy of reinstatement with ‘make-whole’ damages.”