The issue in this grievance is whether management is required to place an employee who was injured on duty into a residual vacancy. The union contends that said employee should only be reassigned into a residual vacancy rather than into a job created to suit the employee's medical limitations; and that an OWCP referral is required under Part 546.141 of the ELM which references 546.32 (Work Limitation Tolerances) under OWCP Referrals.
It is the position of the Postal Service that no contractual obligation exists to reassign employees injured on duty to residual vacancies. Under Part 546 of the Employee and Labor Relations Manual (ELM), the Postal Service has certain legal obligations to employees with job related disabilities pursuant to 5 U.S.C. Section 8151 and the Office of Personnel Management regulations. Article 21, Section 4, of the National Agreement acknowledges these legal obligations. The statutory and regulatory responsibilities toward on-the-job injuries are obligatory in nature and given priority consideration when assigning ill or injured employees. Moreover, the placement of an employee under Part 546.141 of the ELM does not require a referral from the Office of Workers Compensation. Accordingly, this grievance is denied.
Document Type: USPS Position Letter
APWU National Grievance Number: H4C1KC3873
Craft: Clerk