The following is an excerpt from a Step
4 Decision dated November 25, 1983, regarding employees using personal
vehicles.
" ... the Postal Service does not require
as a condition for bidding that a clerical employee use his/her privately-owned
automobile to perform official duties."
Further, Regional Council for the United
States Postal Service states:
"Unless there is a contract between the
employee and the Postal Service for the use of the private vehicle, there
would never be any circumstances in which the Postal Service could order
the employee to use his private vehicle. If such an order were given, the
employee would be entitled to refuse to obey. It would be a wrongful effort
to exert dominion over private property on behalf of the Federal Government.
The Judicial process for such an exercise is quite detailed, and the Postal
Service only follows such judicial route under the most unusual of circumstances.
This would never be applicable to an effort to require an employee to use
his personal vehicle for Postal Service purposes."
It is the recommendation of National Business Agent, Jeff Kehlert, that under no circumstances should a bargaining unit worker use his personal vehicle in the performance of USPS duties. Management must make transportation available to you. If you utilize your personal vehicle for USPS duties, you may very well be exposing yourselves to liability for your vehicle's damages in the event of an accident. Your insurance may not cover you for use of your vehicle in a business capacity.
In a letter dated December 26, 1986, Regional
Counsel for the USPS states:
... that it a Postal employee is traveling
in their personal vehicle while in an on-duty status and involved in an
accident, the Postal Service will pay damages to the other vehicle if it
is established that the Postal Service employee was negligent. This is
also true as to personal injury damages to the driver of the other vehicle.
The Postal Service will not pay for the damage done to the vehicle of the
Postal employee. The Postal Service will not Day any increase in premiums
if the insurance company charges more as a result of the accident. The
Postal employee would be covered by the OWCP just as if they were hurt
in an industrial accident on the workroom floor. The primary differences
in the situation where the Postal employee is driving a Postal vehicle
and when they are driving their personal vehicle is that the Postal Service
will not be responsible for damages to the private vehicle of the Postal
employee, whether or not the Postal employee was at fault in the accident.
Fault does enter into whether the Postal Service would pay damages, except in determining whether payments are due to the driver or owner of other vehicles involved in the accident or other parties injured in such an accident. The postal service is liable for any such damages which are attributable to the wrongful or negligent conduct of a Postal Service employee acting in the scope of his or her employment.
(Reprinted from The Guardian)
Return to the Top of the Quincy IL Area Local Home page
This site was created by Jack Ball.
Please address all comments and corrections
to him at apwuqcy@adams.net