Award on Terminations Due to Hiring Errors
A national arbitration award by Arbitrator Das regarding terminations initiated because of administrative errors in the hiring process discovered after the employees’ probationary periods ended. Das concluded that ELM 365.311 applies to the separations at issue. He ruled that a “removal under ELM 365.311 must be ‘for cause.’ If it is disciplinary in nature, it is subject to the ‘just cause’ standard in Article 16. But even if non-disciplinary, the Postal Service must carry the burden of establishing ‘cause’ to remove an employee who has completed the probationary period.”