The question in this grievance is whether or not management violated the 1981 National Agreement when a maintenance craft assignment was filled by an excessed non-bargaining unit employee. According to the file, the maintenance craft position (Office Clerk-Custodial), was first posted for bid in the maintenance craft and there was no qualified bidder. The job was then opened for application from members of all crafts. The non-bargaining employee was allowed to compete at that time and became the successful applicant for the craft job. We find no support for allowing a non-bargaining unit employee, even one who is excessed, to compete for the craft job along with other members of the bargaining units. Had no other members of the bargaining unit been deemed qualified on the October 6, 1982, posting, then management may have resorted to other methods of solicitation. The position shall be vacated and reposted for bid, beginning with the maintenance craft.

Document Type:  Step 4 Agreement

APWU National Grievance Number:  H1C4HC13234

Craft:  Clerk

Tags: Posting , Bidding , and Application , 37.3.A.1

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