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A Postmaster who had been removed by an
arbitrator for violating the Joint Statement on Violence
and Behavior in the Workplace will be reinstated by order
of the U.S. Merit Systems Protection Board in a ruling issued
September 30 after the Postal Service flip-flopped on enforcing
the document aimed at reducing violent incidents. The MSPB
also rebuffed NALC's effort to intervene in support of the
removal.
NALC President William H. Young expressed anger, not only
over the specific case involved, but on the long-term ramifications
that will weaken enforcement of anti-violence measures in
the Postal Service.
"It is a sad day for the
Postal Service and letter carriers," said Young.
"What the Postal Service did by their actions in
the Merit Systems Protection Board was tantamount to approving
misconduct by the Postmaster."
"When we signed the Joint
Statement on Violence it was intended to apply even-handedly
to all employees - craft and management," he added.
"I now question whether that is going to be the final
result, given this decision."
Options Exist
Young said that, notwithstanding the MSPB
decision, NALC arbitration advocates still retain numerous
effective options when grieving violations of the Joint
Statement by individual supervisors.
"The union can seek sanctions
against the supervisor which are not subject to appeal
to MSPB," Young said. "These include reassignment,
a prohibition against the individual supervising letter
carriers, and prohibiting the supervisor from receiving
future promotions or performance-based bonuses."
In addition, he said an arbitrator can
still require management to take appropriate disciplinary
action against a supervisor. Removals and suspensions for
more than 14 days, however, remain subject to review by
the MSPB.
The case in which the MSPB ruled involved an incident in
February, 1998 in which Clinton, Maryland Postmaster Derek
Hatten initiated an altercation with a letter carrier who
was eating his lunch in a postal vehicle. An arbitrator
subsequently sustained NALC's position that Hatten's conduct
violated the Joint Statement. The arbitrator ordered the
Postal Service to remove Hatten.
MSPB Appeal
The Postal Service initially refused
to oust Hatten and brought a law suit in federal court to
vacate the arbitration award. But in November, 2002, the
U.S. Court of Appeals for the Fourth Circuit upheld the
award and ordered the Postal Service to proceed with the
removal. The Court noted, however, that under federal law
the removal would be subject to appeal to MSPB.
After Hatten initiated his MSPB appeal,
NALC sought to intervene arguing that the union had a vital
interest in the enforcement of the Joint Statement and that
its presence was necessary to insure that the removal issues
were fully and fairly litigated. MSPB denied this request.
It then reversed the removal citing the Postal Service's
acknowledgment that the only reason it removed Hatten was
to comply with the arbitration award and the fact that Hatten
was not a party to the arbitration so that he was not bound
by it.
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