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On March 7, 2011, the National Association of Letter Carriers declared that a regular panel arbitration case raised interpretive issues and appealed the matter to the national level pursuant to Article 15, Section 2 of the National Agreement.

The case involves a Grade 1 city letter carrier, who was involuntarily excessed from one installation to another pursuant to Article 12.5.C.5.b (1) of the National Agreement. Accordingly, the letter carrier had retreat rights under Article 12.5.C.5.b (6), which entitles an employee reassigned under subsections b (1) or (2) to be “returned to the first vacancy in the level, in the craft or occupational group in the installation from which reassigned.”

Subsequent to the reassignment of the letter carrier, a letter carrier retired from the original office, thus creating a vacancy. At that point the excessed carrier should have been returned to the original office. Management refused to do so, taking the position that the employee is not entitled to return unless there was an available “residual vacancy." The NALC maintains a position that the employee’s retreat rights are triggered by the “first vacancy” in the level, in the craft or occupational group in the installation from which reassigned.

Branches should contact their National Business Agent if such an event occurs in order to pursue filing an appropriate grievance.