APWU: Arbitrability on National Agency Check with Inquiries (NACI) cases

From: Charlie Cash <CCash@apwu.org>
Sent: Friday, July 14, 2023
Subject: Arbitrability on NACI cases


Some of you may have grievances pending on employees who have an “unfavorable” NACI background come back after an employee has completed their probation/evaluation period and they are then “separated” from the Postal Service. The Postal Service then makes the claim that a grievance would not be arbitrable because the hiring was “conditional” and the employee would have access to the grievance procedure.

The attached email exchange between myself Shannon Richardson shows that the parties at the national level are in agreement that when an employee is separated from the Service due to an unfavorable NACI check after their probation/evaluation period has been completed; that employee does have access to the grievance procedure. In the case that was sent for interpretative review, the Postal Service was also trying to argue that because the union cited handbooks and manuals that the case was not arbitrable either to make the claim any Article 19 issue is a national issue. Ms. Richardson and I are in agreement that the application of said handbook or manual is arbitrable out in the field.


Charlie Cash
Industrial Relations Director
American Postal Workers Union, AFL-CIO

Related: USPS OIG Report: Nationwide Employee Background Screening (2019)

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