The issue in this grievance is whether or not management violates the intent of Article X of the National Agreement and more specifically Part 513.421 of the Employee and Labor Relations Manual by changing a part-time flexible's schedule workday to a scheduled off day, after he had requested sick leave for that day. Part 513.421 of the Employee and Labor Relations Manual states "absences due to illness are charged as sick leave on any day that an hourly rate employee is scheduled to work, except National holidays. Except as provided in 513.82, paid sick leave may not exceed the number of hours that he would have been scheduled, up to: 1. A maximum of eight (8) hours in any one day. 2. Forty (40) hours in any one week. 3. Eighty (80) hours in any one pay period. It is our position that if a part-time flexible makes a valid request for sick leave on the day he is scheduled to work, and he has not exceeded forty ( 40) hours by that time, his scheduled workday should not be unilaterally changed to an off day, solely, to make him available for an extra day's work at straight time. If you concur with our position stated above, we can mutually agree to remand this case back to Step 3 for application based on the facts in this grievance.
Document Type: Step 4 Agreement
APWU National Grievance Number: A8W0853, W8C5DC10816
APWU Local Grievance Number: 853
Craft: Maintenance