Dear Mr. Smith:
on May 21 1991, we met to discuss the above-captioned
grievance at the fourth step of our contractual grievance
procedure.
The issue in this grievance is whe ther the USPS
violated · the National Agreement by utilizing a rural
carrier in a limited duty status to work on her assigned
rural . route·.
The grievant, who suffered an on-the-job injury 0n December
19, .1988, ·has worked in a .number of. limited duty
assignments .based on medical restrictions. The latest
duty .assignm·ent,' · ·carrying her rural· route with a weight
restriction,· was based on her physician's _completion .of ·a
duty status report after examining her on April· 10, -1990.
The Union contends that a rural route. is not a limited duty
assignment ·and that if leave replacement perform a
portion of the work on the route, ·he or she should be paid
the full evaluation. There is no contractual provision for
providing auxiliary assisstance to a regular rural carrier
who is in ·a limited duty status.
While· the Postal Service strives -to. accommodate all. injured
employees, its responsibilities towards employee a -injured
on duty differ from its responsibilities.toward employees
·whose injuries or illnesses are not job related. As
outlined in Part 546, Employee & Labor Relations Manual,
the Postal Service has certain legal obligations, to employees with job related disabilities, pursuant. to 5
u.s.c. Section 8151 and regulations promulgated by the
Office of·Personnel Management. Article·21, Section 5 ·of the OSPS-NRLCA National Agreement acknowledges these legal obligations. The statutory and regulatory responsibilities toward on-the-job injuries are obligattiry in·nature and are given priority consideration when assigning ill or injured employees.
It is the position of the Postal Service, therefore, that the grievant was properly assigned to carry her own route with£n the medical limitations prescribed by her physician. Moreover, the parties have previously agreed in case
HlR...;So-c 24519 (containing a similar issue) that "due to
the unusual nature of this circumstance the work provided by the substitute rural carrier is analogous to
providing auxiliary assistance. Thus, the substitute rural
carrier shall be paid. actual time for the work hours
performed." In the absence of any contractual violation,
this grievance is denied.·
Time limits were extended by mutual consent.
Document Type: USPS Position Letter
Craft: Clerk