Maintenance Promoted Pending Qualification Award

Award Summary:

The grievance is granted, in part. The positions to which successful applicants were
promoted pending qualification (PQ) under the provisions of Article 38.5.3 & 4 were not
vacant positions while they were being so occupied, and were not permissibly subject to
reversion by the Postal Service, even if the intention was to minimize the impact of
excessing under Article 12. When staffing packages necessitate changes in the
complement of an installation, and potentially impact the continuation of the position to
which a successful applicant is promoted PQ, the parties must proceed using the
procedures set out in Article 12. The Postal Service is not permitted to take unilateral
action to revert the position and revoke the successful applicant’s promotion PQ status
independent of the Article 12 notice and discussion process. The matter is remanded to
the parties to determine the appropriate remedial action to be taken in the specific
circumstances of each of the affected employees. I retain jurisdiction to conduct an
additional hearing, if necessary, to determine the remedy absent agreement of the parties.