The issue in this grievance is whether management violated the National Agreement by not placing the next senior qualified bidder in a position within the prescribed time. After reviewing this matter, we mutually agreed that no national interpretive issue is fairly presented in this case. This is a factual dispute suitable for regional determination by application of Article 37.3.F(3) to the fact circumstances. The parties at this level agree that "immediately after the end of the deferment period, the senior bidder then qualified shall be permanently assigned..." in accordance with Article 37.3.F(3). Those employees who were placed in new assignments after the prescribed time limit should be paid out-of schedule premium for those hours worked between such time and the effective date of the new assignment. Accordingly, we agreed to remand this case to the parties at Step 3 for application of the above language.

Document Type:  Step 4 Agreement

APWU National Grievance Number:  H4C-5K-C 3831

Craft:  Clerk

Tags: Hours of Work , Placement into Bid , Placement into Bid Assignment , Deferment , Deferment Period , Out-of-Schedule , Out-of-Schedule Premium , Out-of-Schedule Premium Pay , Training

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