The issue in this grievance is w~ether management violated the National Agreement by offering duty assignments in the clerk craft to former carrfeis under the provisions set forth in Part 540 of the ELM. The union contends that management must post rehab duty assignments first in the appropriate craft and that former employees must be returned to work only in residual vacancies.
It is our position that no national interpretive issue involving the terms and conditions of the National Agreement is fairly presented in this case. However, inasmuch as the union did not agree, the following represents the decision of the Postal Service on the fact circumstances involved. Pursuant to Part 546.212 of the ELM, a former employee will be offered reemployment in a residual vacancy, or may work as an unassigned regular or as a part-time flexible. No requirement exists for the placement of a former employee, under Part 540 of the ELM, into a residual vacancy. Such placement is one option that can be followed under Part 546.212. In the absence of any contractual obligation, this grievance is denied.
Document Type: USPS Position Letter
APWU National Grievance Number: H4C4CC10125
Craft: Clerk