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C-32099: National Arbitrator Shyam Das issued an award on Sept. 21, 2015, interpreting Article 12, Section 5.C.5.b.(6), which provides that employees who are involuntarily reassigned to a different installation are offered retreat rights to the “first vacancy” in the employee's level and craft in the original installation. It should be noted that this case was argued under the 2006-2011 National Agreement. The principle of excessing by grade was eliminated in the 2011-2016 National Agreement. Excessing/retreat rights are now governed by pure seniority.
Arbitrator Das concluded that the Postal Service is not obligated to offer retreat rights to an employee who was excessed to a different installation until a “residual vacancy” exists in the original installation. C-32099