The National Agency Check with Inquiries, better known as the “NACI,” is the test that the Postal Service uses to complete background checks for newly hired employees through the Postal Inspection Service. Recently, the Postal Service took the position that all postal employees are “conditional” employees until after the NACI is completed and a favorable NACI returned.
The Postal Service argued that they could issue an administrative separation to anyone due to an unfavorable NACI report. It didn’t matter if the employee was still in their probationary period or if the employee had worked for the Postal Service for years. While there is no dispute by the parties that the Postal Service can separate an employee during the probationary period, the dispute remained as to whether non-probationary employees could challenge these administrative separations and if so, what standard of fairness would apply.
In a historic event, all four Postal Unions (NRLCA, APWU, NPMHU and the NALC) joined together in arbitration against the Postal Service to argue that non-probationary employees could challenge an unfavorable NACI report through the grievance-arbitration process. Further, we argued that the provisions of Just Cause would apply. In her decision, Arbitrator Margo Newman affirmed that non-probationary employees do have a right to file grievances over a notice of separation due to an unfavorable NACI report and that all the provisions of Just Cause would apply. This is a huge win for our craft and for employees’ rights.
