National Arbitration Award: Article 19; ELM Section 519.32; Administrative Leave (2017)

ELM Section 519.32 , Administrative leave

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The issue in this National Level Arbitration was whether the policy expressed in 519.321 of the ELM and the provision for paid leave extended to participation in local party caucuses in which registered voters express their preference for a candidate to receive the party's nomination for President of the United States. The results of such caucuses play a direct role in the selection of delegates who ultimately determine the party's nominee. Participation in such caucuses constitutes "voting" in an "election" and equates to voting in a primary secret ballot election in terms of an employee's "exercise of their voting rights." From the standpoint of the policy expressed in 519.321 there is no meaningful basis for distinguishing between voting in a Presidential nomination caucus and in a Presidential primary election for which administrative leave is granted in accordance with the provisions of 519.32.

Award: Arbitrator Das sustained the Unions grievance as set forth in the Findings.

Document Type:  National Arbitration

APWU National Grievance Number:  Q11N4QC16398841

Arbitrator Name: Shyam Das

Tags: ELM Section 519.32 , Administrative leave

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