This replaces the decision dated September 30, 1983.
The question in this grievance is whether management violated Article 17 of the National Agreement by denying the union's request to interview Labor Relations Representative McCellan in conjunction with a disciplinary action. The union contends that E&LR representatives must make themselves available for interviews about any disciplinary action they review, advise, concur in, or write. During our discussion, we agreed that no national interpretive issue involving the terms and conditions of the National Agreement is fairly presented in this case. Article 17.3 lists the categories of employees--aggrieved, supervisors and witnesses--that stewards have the right to interview. The article also provides that requests shall not be unreasonably denied. We agreed that determinations as to who, in a given case, can be categorized as an aggrieved employee, supervisor, or witness must be made based on fact circumstances. Also, whether a request has been unreasonably denied can only be determined by reviewing the facts involved in a given case.
Document Type: Step 4 Agreement
APWU National Grievance Number: H1C4AC19625
Craft: Clerk