During our discussion, we concluded that at issue in this grievance is whether Postal Service employees are performing official duty when subpoenaed by the National Labor Relations Board to testify as witnesses in any capacity. After reviewing the information available, it is our position that by virtue of P.L. 91-563 amended 5 U.S.C. 6322, and now addressed in the Employee and Relations Manual 516.41, such employees are performing official duty during the period with respect to which they are summoned to testify or produce official records on behalf of the United States. In this case the National Labor Relations Board is considered an agency of the United States, thus whether the testimony is favorable to the Postal Service, adverse to the Postal Service, or unrelated to the Postal Service, such testimony is considered as performing official duty. By copy of this letter, the Postmaster is instructed to make the necessary pay adjustments.
Document Type: Step 4 Agreement
APWU National Grievance Number: A8W0046, W8CSFC2673, APWU0046
Craft: Maintenance