The parties met at Step 4 of the grievance-arbitration process to discuss the above referenced grievance. The dispute was initiated at Step 4 by the American Postal Workers Union (APWU). Time limits were extended by mutual consent.
The issue is whether Motor Vehicle Service (MVS) operators who perform safety sensitive work in Puerto Rico are required to sign the Federal Motor Carrier Safety Administration's (FMCSA) Drug and Alcohol Clearinghouse query consent form.
The parties agree to resolve this case based on the following understanding:
Based on current policy, MVS employees performing safety sensitive work in Puerto Rico are exempt from the FMCSA Drug and Alcohol Clearinghouse requirements and will not be required to sign the FMCSA Drug and Alcohol Clearinghouse Consent to Query form. The parties agree that the Postal Service will reinstate to a working status, provided the employee(s) has a valid driver's license to operate a heavy-duty truck and a valid medical card, MVS employees in Puerto Rico who have not been allowed to work due to being denied driving privileges for refusal to sign the Clearinghouse Consent to Query form. Additionally, the Postal Service will make whole any lost wages and benefits the employees would have been entitled to had they been allowed to work.
The parties agree and acknowledge the Postal Service's commitment to follow Department of Transportation (DOT) and FMCSA regulations regarding the administration of Commercial Drivers Licenses.
The parties agree that any changes made to the policy which directly relates to wages, hours or working conditions of bargaining unit employees will be provided in accordance with Article 19 of the National Agreement.
Document Type: Step 4 Agreement
APWU National Grievance Number: HQTV20230514
GATS Number: 6X 21V-6X-C 24023551
Craft: Motor Vehicle Service