The issue in this grievance is whether the grievant was improperly returned to duty on September 15, 1982. After further review of this matter, we mutually agreed that there was no national interpretive issue fairly presented in this case. This is a factual dispute over the grievant's ability to perform work on September 15, 1982, and the appropriate medical documentation to support his alleged incapacity for work. This case is suitable for regional determination by application of Section 513 of the ELM, if the alleged incapacity for duty, was non work related; or by application of Section 545.6 of the ELM, if the alleged incapacity was work related. Accordingly, as we further agreed, this case is hereby remanded to Step 3 for further consideration by the parties.

Document Type:  Step 4 Agreement

APWU National Grievance Number:  H1T3WC12937

Craft:  Clerk

Tags: Handbooks and Manuals , ELM , Return to Duty

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