07-19-1991 Rural Carrier Step 4 – Limited Duty

Dear Mr. Smith: on May 21 1991, we met to discuss the above-captioned grievance at the fourth step of our contractual grievance procedure. The issue in this grievance is whe ther the USPS violated · the National Agreement by utilizing a rural carrier in a limited duty status to work on her assigned rural . route·. The grievant, who suffered an on-the-job injury 0n December 19, .1988, ·has worked in a .number of. limited duty assignments .based on  medical restrictions. The latest duty .assignm·ent,' · ·carrying her rural· route with a weight restriction,· was based on her physician's _completion .of ·a duty status report after examining her on April· 10, -1990. The Union contends that a rural route. is not a limited duty assignment ·and that if  leave replacement perform a portion of the work on the route, ·he or she should be paid the full evaluation. There is no contractual provision for providing auxiliary assisstance to a regular rural carrier who is in ·a limited duty status. While· the Postal Service strives -to. accommodate all. injured employees, its responsibilities towards employee a -injured on duty differ from its responsibilities.toward employees ·whose injuries or illnesses are not  job related. As outlined in Part 546, Employee & Labor Relations Manual, the Postal Service has certain legal obligations, to employees with job related disabilities, pursuant. to 5  u.s.c. Section 8151 and regulations promulgated by the Office of·Personnel Management. Article·21, Section 5 ·of the OSPS-NRLCA National Agreement acknowledges these legal obligations. The statutory and regulatory responsibilities toward on-the-job injuries are obligattiry in·nature and are given priority consideration when assigning ill or injured employees. It is the position of the Postal Service, therefore, that the grievant was properly assigned to carry her own route with£n the medical limitations prescribed by her physician. Moreover, the parties have previously agreed in case  HlR...;So-c 24519 (containing a similar issue) that "due to  the unusual nature of this circumstance the work provided by the substitute rural carrier is analogous to providing auxiliary assistance. Thus, the substitute rural carrier shall be paid. actual time for the work hours performed." In the absence of any contractual violation, this grievance is denied.· Time limits were extended by mutual consent.

Clerk