National Arbitrator Margo R. Newman has ruled in favor of non-probationary postal employees who were separated due to unfavorable background check results. These employees are entitled to due process and may challenge their removals through the grievance and arbitration procedure.
The ruling follows a national-level arbitration case initiated on December 12, 2024, where the National Association of Letter Carriers (NALC) joined forces with the American Postal Workers Union (APWU), National Postal Mail Handlers Union (NPMHU), and National Rural Letter Carriers’ Association (NRLCA). The case involved employees who were let go after completing probation because of an unfavorable National Agency Check with Inquiries (NACI) background check conducted by the Postal Inspection Service.
Management argued that these separations were “administrative” and not subject to arbitration, as they claimed they were based on failure to meet a condition of employment rather than disciplinary action. However, the unions asserted that employees who have completed probation are protected by the collective bargaining agreement, which includes the right to contest terminations.
Arbitrator Newman dismissed the Postal Service’s argument that these separations fell outside contractual scope. She highlighted that the National Agreement does not exclude such disputes from arbitration and noted that only probationary employees are explicitly excluded from grievances. Moreover, she stated that under Article 16 of the National Agreement, it is incumbent upon the Postal Service to demonstrate just cause for separation.
Read more about this decision in award C-37276.
