REGULAR ARBITRATION PANEL GRIEVANT: Anthony T. Quinn UNITED STATES ...

REGULAR ARBITRATION PANEL

in the Matter of the Arbitration

between

UNITED STATES POSTAL SERVICE

and )

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO )

GRIEVANT : Anthony T . Quinn POST OFFICE : Chicago, IL CASE NO : J94N-4J-D 97070587 97298

NALC Case No . GTS 9687 CASE NO : J94N -4J-D 97110207 97741

NALC Case No . GTS 9945

BEFORE : ALAN WALT APPEARANCES :

For the U .S . Postal Service :

For the Union :

Place of Hearing : Date of Hearing :

ARBITRATOR

Eddie T . Todd Labor Relations Specialist Jimmie Canada Regional Administrative Assistant Chicago, IL February 18, 1998

AWARDS :

The grievances are granted .

Grievant forthwith shall be reinstated with full seniority and back pay and benefits from and after February 20, 1997 .

Date of Awards : March 11, 1998

ARBITRATION OPINION AND AWARDS

This arbitration is pursuant to Article 15 of the 1994-1998 National Agreement . Following the presentation of evidence, the disputes were submitted for decision and awards on oral argument .

Grievant was employed as a part-time flexible (PTF) Letter Carrier in September of 1994 and assigned to the Uptown Station . Following an absence from January 25 through January 28, 1997 resulting from non-job related back pain, he returned to work on January 29 and presented a doctor's certificate stating he

"should not lift over 10 lbs . until further notice ."

According to his supervisor , grievant was told, at the time he submitted the January 28 medical statement , that the phrase "until further notice", as used by his physician, was "unacceptable", and that a medical statement was required which specified the length of time the lifting restriction would remain in effect . However, grievant denied anything was said to him regarding the January 28 doctor 's statement when it was submitted on January 29 .

Notwithstanding , grievant was placed on light duty and worked only 4 hours a day . Because other PTF employee on light duty at the Uptown Station were receiving more than 4 hours of work a day and in some cases , even overtime , grievant expressed displeasure with his reduced hours .

When grievant reported to work on February 10, 1997, the supervisor informed him he would have to return to full duty (unrestricted) that day and could not continue in a light duty status since he had not submitted an "updated " medical statement indicating the length of time the medical restriction was to remain in effect . Grievant replied that he previously had submitted a medical statement to that effect, and said he would not return to full duty status because he might aggravate his back condition . He was then instructed to punch out and "go home", which he did after conferring with a Union representative .

Because grievant believed he had been unfairly treated, he proceeded to the Main Post Office that afternoon to relate his situation to higher management . When he encountered two Area Managers leaving an office, he explained to them that his hours had been "cut " and that he believed he was being treated "unfairly ." One of the Area Managers responded that since grievant was a "PTF Sub", he was only guaranteed 4 hours a day . According to that witness, grievant then said that if he had an on duty

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accident, he would be placed on limited duty and would be able to work a full 40 hour week . The Manager testified that when he said, "Are you saying you're going to have an accident?", grievant replied , " Yes, If I have an accident , I'll get 40 hours ."

It was grievant' s testimony that after informing both Area Managers he was on light duty and had been sent home from work that day , one of the Managers said he did not believe light duty employes should be given any hours, and told the other Manager to telephone the Uptown Station and inform the Manager there that PTF employes on light duty should not be given any hours . According to grievant , when the first Area Manager said , " well, now you're not able to work at all", grievant replied, " The only way I can work is to return to full duty , and if I do that with my doctor's restriction, my condition could be made worse . " Grievant denied stating that if he returned to full duty he would "have an accident . " However, the Area Manager immediately said, " This is the last day you're going to work for the Postal Service ."

The Area Manager suspended grievant , and informed him not to report back to work "until notified . " The Area Manager immediately telephoned the Uptown Station Manager and informed her that grievant had made a "threatening statement to injure himself", adding that grievant's return to work "was her (the Uptown Station Manager's ) decision ." According to the testimony

of the Station Manager, she was directed by the Area Manager to contact Labor Relations "as to how to proceed ."

A Notice of Emergency Placement In an Off Duty Status was prepared by Labor Relations , signed by grievant's supervisor, and approved by the Station Manager who testified it was mailed to grievant on February 14 . Grievant denied receiving the Emergency Placement through the mail , testifying he obtained a copy of it from the steward when he came to the Uptown Station shortly after February 18 and attempted to submit another medical certificate stating that as of February 18, he was able to return to work "without restriction ."

In part, the Notice of Emergency Placement in an Off Duty Status reads :

You are Hereby notified that you will be placed in an off duty status effective itiunediately' You are to return to duty when otherwise advised . 'lime reasons fur this action are : I . It appears (hat your retention in a duty status may result in damages to government

property or may be detrimental to the interest of the government or injurious to you, your fellow workers or the general public as shown : You are charged with unacceptable conduct on February 10, 1997, as evidenced by your verbal threat to have an accident while on duty.

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