C-98N-4C-C 98119681

NALC Branch 100 407-C-98

Arbitrator:  Michael Fischetti

Date:  4/21/02

Issue:  Did Management properly issue the Letter of Demand to the grievant?  Moreover, did management properly explain when and why the overpayment occurred, and if so, what is the proper remedy?

POSITION OF THE PARTIES:

     The Union asserts that Management issued a letter of demand to the grievant for an alleged error concerning Step 6-A and Step B.  The Union contends that when the grievant made regular carrier, he bid a Level 5, Step A position, and that in the course of his 96 weeks, until he reached Step B, he bid a Level 6 position and had to begin Step A again.  Moreover, the Union maintains that when Level 5 reached the Step B position, the grievant was behind monetarily.  This created a pay anomaly, for until the grievant reached Step D, he received lump sum quarterly payments for the periods he made less money than if he had stayed at Level 5.  Finally, the Union asserts that Management has given no explanation as to when the overpayment occurred and why.

     Management asserts that the grievant received an overpayment of $1,372.34.  Moreover, Management maintains that step increases are controlled, and that the grievant received an over payment in error.  Management contends that the grievant has been correctly issued the letter of demand under the provisions of ELM 462.3, and that he is obligated to repay the Service in accordance with ELM 452.2.

AWARD:

     The grievance is sustained.