This National Level Pre-Arbitration Settlement Agreement addresses whether management violated the provisions of Article 37, Section 3.F.4.C, by denying to a senior bidder, who has previously failed to qualify on an LSM assignment, the right to bid on another LSM assignment. During the discussion, it was agreed that if the senior bidder for an MPLSM duty assignment is an employee who is not machine qualified and who has previously failed in one or more attempts to complete the prescribed training successfully, the circumstances of the case must be carefully reviewed and evaluated to determine whether to select or pass over the employee. Consideration must be given to the following factors, if determinable; the length of time since the last failure to complete the prescribed training successfully; the point in the training where the failure occurred; the cause of the failure; and whether the reason for the prior failure continues.
Document Type: National Pre-Arbitration Settlement
APWU National Grievance Number: H8ClEC18927
Craft: Clerk