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National arbitration decision

National Arbitrator Shyam Das, in an Award issued March 20, 2009, sustained NALC's challenge to certain changes to ELM Section 546 proposed by the Postal Service in March 2007. The disputed changes, which were the result of a negotiated agreement between USPS and APWU, would have provided, for the first time, that all cross-craft transfers of injured workers must be accomplished through Article 13 of the National Agreement. The principal consequence of this change would have been that the so-called reciprocity provisions of Article 13, Section 5 would apply to reassignments initiated by management under ELM Section 546. Thus, for example, if an injured letter carrier were permanently transferred to the clerk craft the resulting vacancy in the letter carrier craft would be posted for bid in the clerk craft. Citing a 1985 ruling by Arbitrator Mittenthal, Das upheld NALC's position that the proposed change was inconsistent and in conflict with Articles 13 and 41. He ordered the Postal Service to rescind the proposed ELM changes. | C-28121