The question in this grievance is whether management violated Articles 2 and 37 of the National Agreement. The grievant was not deemed the successful bidder because a local policy that allowed an unqualified bidder an opportunity during the 90 day deferment period to take and pass the qualifying examination was cancelled. The union contends that, since the grievant qualified on the scheme requirements during the deferment period, she should have been awarded the bid when the senior bidder failed to qualify. She was the second senior bidder. It is the position of the Postal Service that, in accordance with Part 412.1 of the Schemes: Construction, Assignment, and Proficiency Handbook, M-5, only a designated senior bidder is allowed to take advantage of the deferment period for training. We find no requirement to give an unqualified bidder an opportunity to use the deferment period for training or qualifying. Moreover, Article 37.3~F.3. of the National Agreement provides that immediately after the end of the deferment period, the senior bidder then qualified shall be permanently assigned. In our view, local management properly awarded the bid to another employee who met the criteria stipulated in Article 37.3.F.3. Finally, the information contained in the grievance file does not support the grievant's allegation of disparate treatment. Accordingly, as we find no violation of the National Agreement, this grievance is denied.
Document Type: USPS Position Letter
APWU National Grievance Number: H1C5KC4561
Craft: Clerk