During our discussion, we concluded that the question in this grievance is whether a postal employee subpoenaed at the request of the defense and not the Postal Service, to testify in a Federal Court concerning his/her official duties, is entitled to compensation under Part 516.4 of the Employee and Labor Relations Manual. After reviewing the information in the file, we mutually agreed that an employee subpoenaed by proper authority to testify in a Federal court about his official duties as a postal employee, whether the request for subpoena was initiated by the defense or the prosecution, is in a compensable status under Part 516.4 of the Employee and Labor Relations Manual. Proper documentation should be submitted. Of course, if the Postal employee was called to testify as a "character witness" or for other non-official purposes, he is not entitled to compensation under Part 516.4. Accordingly, we mutually agreed to remand this grievance back to Step 3 for a determination by the parties at that level of the nature of the grievant's testimony and to dispose of the case.

Document Type:  Step 4 Agreement

APWU National Grievance Number:  A8W0750, W8C5BC8988, APWU0750

Craft:  Maintenance

Tags: leave , Court Leave , Witness , Character Witness , subpoenaed , testify , testimony , federal court , compensable status

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