At issue in this grievance is whether the grievant may properly file a tort claim for damage to his vehicle while it was parked on U.S. Postal Service property, even though, a claim had been previously submitted and denied in accord with the provisions of Article XXVII of the National Agreement. We find no provision which would prohibit the grievant from filing such a claim in the circumstances considered. Accordingly, the Postmaster is instructed to process the claim submitted by the grievant if it was properly presented as provided by U.S. Postal Service instructions. It is specifically noted that the merit or such a claim may not properly be considered within the grievance-arbitration procedure and any adverse ruling by the appropriate official authorized to rule on such claims must be appealed through the tort claim procedures. Accordingly, we consider the
issues to be resolved and the case closed.
Note: ARTICLE XXVII DOES NOT PROVIDE FOR REIMBURSEMENT FOR DAMAGES TO MOTOR VEHICLES. A TORT CLAIM MUST BE FILED. See M-19 for TORT Claims Procedures.
Document Type: Step 4 Agreement
APWU National Grievance Number: NCS11585, NSMS19211