The Award interprets section 512.313(a) of the\u00a0<\/span>ELM<\/em>, which provides that \u201cnew employees are not credited with and may not take annual leave until they complete 90 days of continuous employment under one or more appointments without a break in service.\u201d<\/p>\n The arbitrator rejected NALC\u2019s argument that this requirement should not be applied to newly converted CCAs since they are not \u201cnew employees\u201d and concluded that the\u00a0<\/span>ELM<\/em>\u00a0<\/span>language that restricts the use of annual leave for 90 days applies to new \u201ccareer employees,\u201d which includes CCAs.\u00a0<\/span>C-31979<\/a><\/p>\n <\/p>\n C-31980<\/span>: National Arbitrator Dennis Nolan issued an award on June 29, 2015, denying NALC\u2019s position that Section 126.3 of the\u00a0<\/span>M-39 Handbook<\/em>\u00a0<\/span>is enforceable under Article 19 of the National Agreement.<\/p>\n NALC had contended that Section 126.3 requires management to schedule in advance replacements for those carriers who it knows will be absent on a given day. However, the arbitrator disagreed, finding that this section is only \u201can instruction to supervisors to complete a particular form, described as a \u2018Unit Daily Record,\u2019 several days in advance.\u201d<\/p>\n The arbitrator concluded that these instructions on the proper use of a form do not \u201cassign or guarantee employees any hours.\u201d Accordingly, the form does not \u201cdirectly relate to wages, hours, and working conditions\u201d as required by Article 19.<\/p>\n Although the award only addresses\u00a0<\/span>M-39<\/em>\u00a0<\/span>Section 126.3, Arbitrator Nolan\u2019s opinion discusses criteria for determining when handbook and manual provisions are enforceable under Article 19. Nolan\u2019s analysis should prove helpful to NALC stewards, branch officers, and arbitration advocates when preparing and presenting Article 19 grievances.\u00a0<\/span>C-31980<\/a><\/p>\n
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