Step 4 Settlement Agreement: Article 37.2.D.1; Seniority (1984)

Grievance Arbitration Procedure , EEO Settlements , 37.2.D , seniority

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The issue presented is whether an EEO case can be settled in a manner that is contrary to the provisions of the National Agreement. In this case, in settlement of an EEO complaint, an employee was allowed to accrue seniority on both the Level 5 and level 6 seniority lists. During our discussion, we agreed that there is no provision which allows an employee to accrue seniority on both level 5 and level 6 seniority lists under the circumstances described in this case. Accordingly, we agreed that in full and final settlement of this case, and without prejudice to the position of either party in similar cases, any actions taken as a result of the employee's being retained on the two seniority listings are to be appropriately adjusted. Also, the employee is to be placed on the appropriate seniority list. Combined with UID 876

Document Type:  Step 4 Agreement

APWU National Grievance Number:  H1C1JC20082

Craft:  Clerk

Tags: Grievance Arbitration Procedure , EEO Settlements , 37.2.D , seniority

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