The issue in this grievance involves the proper interpretation of back pay provisions contained in Section 436 of the Employee and Labor Relations Manual (ELM). As a result of the discussion, it was mutually agreed that ELM Sections 436.22, and 436.425 would be revised to read as follows:
436.22 Back pay is allowed, unless otherwise specified in the appropriate award or decision, provided the employee has made reasonable efforts to obtain other employment, except that the employee is not required to make such efforts during the first 45 days of the back pay period.
436.425 Where the original action resulted in separation or indefinite suspension and no outside employment was obtained, employees must furnish the following:
a. If the back pay period is 45 days or less, employees are not required to certify or to provide documentation in support of their efforts to secure other employment during this period.
b. If the back pay period is more than 45 days and doe s not exceed 6 months, employees must provide a statement certifying the reasons why outside employment was not obtained for all parts of the back pay period which exceeded the first 45 days.
Document Type: Tripartite Agreement
APWU National Grievance Number: H7CNAC77