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Article 38 - Improper Withholding of a Vacant Maintenance Craft Preferred Duty Assignment. 

This is a summary of Arbitrator Michael E. Zobrak’s decision in case K00T-4K-C-03210020 in a case in which the Postal Service failed to either post a Maintenance Craft vacancy within thirty days or notify the Union in writing that the position was being withheld. The arbitrator sustained the Union ’s grievance by awarding a monetary remedy for the lost work hours caused by the failure to fill the vacancy. Briefly, on December 1, 2002, a custodial employee at the facility resigned, thereby creating a Maintenance Craft vacancy. The resigning employee's last day in pay status was October 29, 2002. The custodial position remained unfilled until it was filled on or about December of 2003.  

The Union claimed the USPS violated the CBA by failing to timely post the vacancy and by providing inappropriate custodial coverage. As such, it claimed a violation of Article 38 Section 4. 

The arbitrator noted in his decision: 

In five subsections, Article 38, Section 4.A of the Agreement outlines how Maintenance Craft vacancies are to be filled. The language utilized indicates that the requirements are mandatory in nature, as it is stated that “all vacant duty assignments shall be filled as follows”. . . . .  Significantly, with this language, the Postal Service is not required to post and fill a Maintenance Craft position within a certain period of time. Rather, it has two options. It must either post the position within thirty days of the vacancy, or advise the Union in writing as to the reasons why the assignment is being withheld.