The question in this grievance is whether or not management violates Article 19 of the National Agreement as it relates to rate protection. The Union feels that an employee who bids to a lower level job after being notified that his present position is being abolished should not lose his rate protection. The facts in this case are undisputed, as follows:
1. The employee and the Union received notice of management's intent to abolish the employee's job on or about September 30, 1981.
2. The employee was the successful bidder on a lower level job effective October 15, 1981.
3. Official notification of the effective date of the employee's change to lower level was posted on October 28, 1981. The effective date of change was November 14, 1981.
The applicable portion of Part 421.5, of the·Employee and Labor Relations Manual reads in part:
"An individual employee who is assigned to a lower-grade position will have a protected rate for a specified period of two calendar years provided the reduction in salary standing is not disciplinary or voluntary (at the request of the employee)."
The evidence of record, clearly, indicates that the employee voluntarily bid from his higher level position prior to either the date of the official notice of the effective date of reduction or the effective date of actual reduction. Notwithstanding what the Union contends was an obvious motivation for bidding, the employee was not assigned by the Employer to the lower level position. Accordingly, we find no violation of the National Agreement.
Document Type: USPS Position Letter
APWU National Grievance Number: H1C4BC1814
Craft: Clerk