1. Bold Face Type in the text indicates revised or newlanguage. Bold Face Type in headings does notnecessarily indicate change.
2. Cross-references to relevant Memorandums ofUnderstanding and Letters of Intent are included in thetext of the Agreement. The location of thecross-references is for the convenience of the reader,and in no way affects the content or intent of theAgreement, the Memorandums, or the Letters of Intent.
3. In the 1998 National Agreement, references to a union,craft or bargaining unit are limited to the APWU andthe crafts that it represents, with the followingunderstandings:
— Article 1.5: The Postal Service will continue toinform the APWU of all new positions whether or notthe positions are within craft units represented by theAPWU.
— Article 6: This article will continue to apply to allbargaining units covered by the September 15, 1978Award of Arbitrator James J. Healy.
— Article 15.5.D: The Postal Service will continue tosend all National level arbitration scheduling lettersand moving papers for all bargaining units to theAPWU.
— Article 33.2: This article will continue to permitemployees in non-APWU represented crafts to makeapplication for best qualified positions in APWUrepresented crafts after required procedures arefollowed.
Article 1.1
1
PREAMBLEThis Agreement (referred to as the 1998 NationalAgreement) is entered into by and between the United StatesPostal Service (hereinafter referred to as the "Employer")and the American Postal Workers Union, AFL-CIO(hereinafter referred to as the "Union"). The Agreement iseffective as of November 21, 1998 unless otherwiseprovided.
ARTICLE 1UNION RECOGNITION
Section 1. Union
The Employer recognizes the Union designated below as theexclusive bargaining representative of all employees in thebargaining unit for which each has been recognized andcertified at the national level:
A m e r i c a n P o s t a l W o r k e r s U n i o n ,AFL-CIO—Maintenance
EmployeesAmerican Postal Workers Union, AFL-CIO—Motor
Vehicle EmployeesAmerican Postal Workers Union, AFL-CIO—PostalClerks
- The Special Delivery Messengers were mergedinto the Clerk Craft by Memorandum ofUnderstanding dated November 20, 1997.
American Postal Workers Union, AFL-CIO—Mail Equipment Shops Employees
American Postal Workers Union, AFL-CIO—MaterialDistribution Centers Employees
Article 1.2
2
Section 2. Exclusions
The employee groups set forth in Section 1 above do notinclude, and this Agreement does not apply to:
1. Managerial and supervisory personnel;
2. Professional employees;
3. Employees engaged in personnel work in other thana purely non-confidential clerical capacity;
4. Security guards as defined in Public Law 91-375,1201(2);
5. All Postal Inspection Service employees;
6. Employees in the supplemental work force as definedin Article 7;
7. Rural letter carriers;
8. Mail handlers; or
9. Letter carriers.
Section 3. Facility Exclusions
This Agreement does not apply to employees who work inother employer facilities which are not engaged in customerservices and mail processing, previously understood andexpressed by the parties to mean mail processing anddelivery, including but not limited to Headquarters, AreaOffices, Information Service Centers, Postal ServiceTraining and Development Institute, Oklahoma PostalTraining Operations, Postal Academies, Postal AcademyTraining Institute, Stamped Envelope Agency or MailTransport Equipment Centers.
Article 1.5
3
Section 4. Definition
Subject to the foregoing exclusions, this Agreement shall beapplicable to all employees in the regular work force of theU.S. Postal Service, as defined in Article 7, at all presentand subsequently acquired installations, facilities, andoperations of the Employer, wherever located.
Section 5. New Positions
A. Each newly created position shall be assigned by theEmployer to the national craft unit most appropriate forsuch position within thirty (30) days after its creation.Before such assignment of each new position the Employershall consult with the Union signatory to this Agreement forthe purpose of assigning the new position to the nationalcraft unit most appropriate for such position. The followingcriteria shall be used in making this determination:
1. existing work assignment practices;
2. manpower costs;
3. avoidance of duplication of effort and "make work"assignments;
4. effective utilization of manpower, including thePostal Service's need to assign employees acrosscraft lines on a temporary basis;
5. the integral nature of all duties which comprise anormal duty assignment;
6. the contractual and legal obligations andrequirements of the parties.
Article 1.6
4
B. The Union party to this Agreement shall be notifiedpromptly by the Employer regarding assignments madeunder this provision. Should the Union dispute theassignment of the new position within thirty (30) days fromthe date the Union has received notification of theassignment of the position, the dispute shall be subject to theprovisions of the grievance and arbitration procedureprovided for herein.
Section 6. Performance of Bargaining Unit Work
A. Supervisors are prohibited from performing bargainingunit work at post offices with 100 or more bargaining unitemployees, except:
1. in an emergency;
2. for the purpose of training or instruction ofemployees;
3. to assure the proper operation of equipment;
4. to protect the safety of employees; or
5. to protect the property of the USPS.
B. In offices with less than 100 bargaining unitemployees, supervisors are prohibited from performingbargaining unit work except as enumerated in Section 6.A.1 through 5 above or when the duties are included in thesupervisor's position description.
(The preceding Article, Article 1, shall apply to TransitionalEmployees)
[see Memo, page 299]
Article 2.3
5
ARTICLE 2NON-DISCRIMINATION AND CIVIL RIGHTS
Section 1. Statement of Principle
The Employer and the Union agree that there shall be nodiscrimination by the Employer or the Union againstemployees because of race, color, creed, religion, nationalorigin, sex, age, or marital status.
In addition, consistent with the other provisions of thisAgreement, there shall be no unlawful discriminationagainst handicapped employees, as prohibited by theRehabilitation Act.
[see Memo, page 293]
Section 2. Committees
There are established at the national and APWUregional/USPS Area levels Joint Committees on HumanRights. The committees will be composed of responsiblerepresentatives of the Union and responsible managementofficials. The committees may develop affirmative actionproposals on all matters affecting minority groups. Thecommittees will also be advised of the plan for site selectionfor facilities planned for national postal mail networks andmajor metropolitan areas, and review availability ofadequate housing and public transportation. The committeesshall meet as required at mutually agreeable times.
Section 3. Grievances
Grievances arising under this Article may be filed at Step 2of the grievance procedure within fourteen (14) days ofwhen the employee or the Union has first learned or mayreasonably have been expected to have learned of the allegeddiscrimination, unless filed directly at the national level, in
Article 3
6
which case the provisions of this Agreement for initiatinggrievances at that level shall apply.
(The preceding Article, Article 2, shall apply to TransitionalEmployees)
ARTICLE 3MANAGEMENT RIGHTS
The Employer shall have the exclusive right, subject to theprovisions of this Agreement and consistent with applicablelaws and regulations:
A. To direct employees of the Employer in theperformance of official duties;
B. To hire, promote, transfer, assign, and retainemployees in positions within the Postal Service and tosuspend, demote, discharge, or take other disciplinary actionagainst such employees;
C. To maintain the efficiency of the operations entrustedto it;
D. To determine the methods, means, and personnel bywhich such operations are to be conducted;
E. To prescribe a uniform dress to be worn bydesignated employees; and
F. To take whatever actions may be necessary to carryout its mission in emergency situations, i.e., an unforeseencircumstance or a combination of circumstances which callsfor immediate action in a situation which is not expected tobe of a recurring nature.
(The preceding Article, Article 3, shall apply to TransitionalEmployees)
Article 4.2
7
ARTICLE 4TECHNOLOGICAL AND MECHANIZATION
CHANGES
Both parties recognize the need for improvement of mailservice.
Section 1. Advance Notice
The Union party to this Agreement will be informed as farin advance as practicable, but no less than 30 days inadvance, of implementation of technological ormechanization changes which affect jobs including new orchanged jobs in the area of wages, hours or workingconditions. When major new mechanization or equipmentis to be purchased and installed, the Union at the nationallevel will be informed as far in advance as practicable, butno less than 90 days in advance.
Section 2. Labor-Management Committee
There shall be established at the national level, as asubcommittee of the national level Joint Labor-ManagementCommittee, a Labor-Management Technological orMechanization Changes Committee composed of an equalnumber of representatives of management and the APWU.The Subcommittee shall meet semiannually, or asnecessary, from the conceptual stage onward, to discussany issues concerning proposed technological andmechanization changes which may affect jobs, includingnew or changed jobs, which affect the wages, hours, orworking conditions of the bargaining unit. For example,the Postal Service will keep the Union advisedconcerning any research and development programs(e.g., study on robotics) which may have an effect on thebargaining unit. In addition, the Committee shall beinformed of any new jobs created by technological ormechanization changes. Where present employees are
Article 4.3
8
capable of being trained to perform the new or changedjobs, the Committee will discuss the trainingopportunities and programs which will be available.These discussions may include the availability of trainingopportunities for self-development beyond the new orchanged jobs. Notice to said Committee shall satisfy thenotice requirements of the preceding paragraph. Uponreceiving notice, said Committee shall attempt to resolveany questions as to the impact of the proposed change uponaffected employees and if such questions are not resolvedwithin a reasonable time after such change or changes areoperational, the unresolved questions may be submitted bythe Union to arbitration under the grievance-arbitrationprocedure. Any arbitration arising under this Article will begiven priority in scheduling.
Section 3. New Jobs
Any new job or jobs created by technological ormechanization changes shall be offered to presentemployees capable of being trained to perform the new orchanged job and the Employer will provide such training.During training, the employee will maintain his/her rate. Itis understood that the training herein referred to is on thejob and not to exceed sixty (60) days. Certain specializedtechnical jobs may require additional and off-site training.
An employee whose job is eliminated, if any, and whocannot be placed in a job of equal grade shall receive savedgrade until such time as that employee fails to bid or applyfor a position in the employee's former wage level.
The obligation hereinabove set forth shall not be construedto, in any way, abridge the right of the Employer to makesuch changes.
Article 6
9
ARTICLE 5PROHIBITION OF UNILATERAL ACTION
The Employer will not take any actions affecting wages,hours and other terms and conditions of employment asdefined in Section 8(d) of the National Labor Relations Actwhich violate the terms of this Agreement or are otherwiseinconsistent with its obligations under law.
(The preceding Article, Article 5, shall apply to TransitionalEmployees)
ARTICLE 6NO LAYOFFS OR REDUCTION IN FORCE
(1) Each employee who is employed in the regular workforce as of the date of the Award of Arbitrator James J.Healy, September 15, 1978, shall be protected henceforthagainst any involuntary layoff or force reduction.
It is the intent of this provision to provide security to eachsuch employee during his or her work lifetime.
Members of the regular work force, as defined in Article 7of the Agreement, include full-time regulars, part-timeemployees assigned to regular schedules and part-timeemployees assigned to flexible schedules.
(2) Employees who become members of the regular workforce after the date of this Award, September 15, 1978, shallbe provided the same protection afforded under (1) above oncompletion of six years of continuous service and havingworked in at least 20 pay periods during each of the sixyears.
(3) With respect to employees hired into the regular workforce after the date of this Award and who have not acquired
Article 6
10
the protection provided under (2) above, the Employer shallhave the right to effect layoffs for lack of work or for otherlegitimate reasons. This right may be exercised in lieu ofreassigning employees under the provisions of Article 12,except as such right may be modified by agreement. Shouldthe exercise of the Employer's right to lay off employeesrequire the application of the provisions of Chapter 35 ofTitle 5, United States Code, employees covered by thatChapter with less than three years of continuous civilianfederal service will be treated as "career conditional"employees.
The Employer's right as established in this Section shall beeffective July 20, 1979.
The following terms as to the employees' and Employer'srights and the rules and procedures to be followed in theimplementation of Article 6 are a part of the September 15,1978 Final Resolution and shall be final and binding uponthe parties:
[see Memo, page 297]
A. Coverage
1. Employees protected against any involuntary layoffor force reduction.
Those employees who occupy full-time, part-timeregular or part-time flexible positions in theregular work force (as defined in Article 7) onSeptember 15, 1978, are protected against layoffand reduction in force during any period ofemployment in the regular work force with theUnited States Postal Service or successororganization in his or her lifetime. Such employeesare referred to as "protected employees."
Article 6
11
Other employees achieve protected status under theprovisions of A.3 below.
2. Employees subject to involuntary layoff or forcereduction.
Except as provided in A.1 and A.3, all employeeswho enter the regular work force, whether by hire,transfer, demotion, reassignment, reinstatement,and reemployment on or after September 16, 1978,are subject to layoff or force reduction and arereferred to as "non-protected employees."
status upon completion of six years ofcontinuous service in their regular work force.The service requirement is computed from thefirst day of the pay period in which theemployee enters the regular work force. Toreceive credit for the year, the employee mustwork at least one hour or receive a call-inguarantee in lieu of work in at least 20 of the26 pay periods during that anniversary year.
Absence from actual duty for any of thefollowing reasons will be considered as "work"solely for the purposes of this requirement:
(1) To the extent required by law, court leave,time spent in military service covered byChapter 43 of Title 38, or time spent oncontinuation of pay, leave without pay oron OWCP rolls because of compensableinjury on duty.
Article 6
12
(2) Time spent on paid annual leave or sickleave, as provided for in Article 10 of theAgreement.
(3) Leave without pay for performing Unionbusiness as provided for in Article 24 ofthe Agreement.
All other unpaid leave and periods ofsuspension or time spent in layoff or RIFstatus will not be considered work. Failureto meet the 20 pay period requirement inany given anniversary year means theemployee must begin a new six yearcontinuous service period to achieveprotected status.
(b) Temporary details outside of the regular workforce in which the employee's position ofrecord remains in the regular work force counttoward fulfilling the 20 pay periods of workrequirement per year.
(c) If a non-protected employee leaves the regularwork force for a position outside the PostalService and remains there more than 30calendar days, upon return the employeebegins a new service period for purposes ofattaining six years continuous service.
(d) If a non-protected employee leaves the regularwork force and returns within two years froma position within the Postal Service theemployee will receive credit for previouslycompleted full anniversary years, for purposesof attaining the six years continuous service.
Article 6
13
B. Preconditions for Implementation of Layoff andReduction in Force.
1. The affected Union(s) shall be notified at theRegional level no less than 90 days in advance ofany layoff or reduction in force that an excess ofemployees exists or will exist at an installation andthat a layoff and reduction in force may benecessary. The Employer will explain to theUnion(s) the basis for its conclusion that legitimatebusiness reasons require the excessing and possibleseparation of employees.
2. No employee shall be reassigned under this Articleor laid off or reduced in force unless and until thatemployee has been notified at least 60 days inadvance that he or she may be affected by one orthe other of these actions.
3. The maximum number of excess employees withinan installation shall be determined by seniority unitwithin each category of employees (full-time,part-time regular, part-time flexible). This numberdetermined by the Employer will be given to theUnion(s) at the time of the 90-day notice.
4. Before implementation of reassignment under thisArticle or, if necessary, layoff and reduction inforce of excess employees within the installation,the Employer will, to the fullest extent possible,separate all casuals within the craft and minimizethe amount of overtime work and part-time flexiblehours in the positions or group of positions coveredby the seniority unit as defined in this Agreementor as agreed to by the parties. In addition, theEmployer shall solicit volunteers from amongemployees in the same craft within the installationto terminate their employment with the Employer.
Article 6
14
Employees who elect to terminate theiremployment will receive a lump sum severancepayment in the amount provided by Part 435 of theEmployee and Labor Relations Manual, willreceive benefit coverage to the extent provided bysuch Manual, and, if eligible, will be given theearly retirement benefits provided by Section8336(d)(2) of Title 5, United States Code and theregulations implementing that statute.
5. No less than 20 days prior to effecting a layoff, theEmployer will post a list of all vacancies in otherseniority units and crafts at the same or lower levelwhich exist within the installation and within thecommuting area of the losing installation.Employees in an affected seniority unit may,within 10 days after the posting, request areassignment under this Article to a postedvacancy. Qualified employees will be assigned tosuch vacancies on the basis of seniority. If a seniornon-preference eligible employee within theseniority unit indicates no interest in availablereassignment, then such employee becomesexposed to layoff. A preference eligible employeewithin the seniority unit shall be required to acceptsuch a reassignment to a vacancy in the same levelat the installation, or, if none exists at theinstallation, to a vacancy in the same level at aninstallation within the commuting area of thelosing installation.
If the reassignment is to a different craft, theemployee's seniority in the new craft shall beestablished in accordance with the applicableseniority provisions of the new craft.
Article 6
15
C. Layoff and Reduction in Force
1. Definition. The term "layoff " as used hereinrefers to the separation of non-protected,non-preference eligible employees in the regularwork force because of lack of work or otherlegitimate, non-disciplinary reasons. The term"reduction in force" as used herein refers to theseparation or reduction in the grade of a non-protected veterans' preference eligible in theregular work force because of lack of work or otherlegitimate non-disciplinary reasons.
2. Order of layoff. If an excess of employees existsat an installation after satisfaction of thepreconditions set forth in (B) above, the Employermay lay off employees within their respectiveseniority units as defined in the Agreement.
3. Seniority units for purposes of layoff. Seniorityunits within the categories of full-time regular,part-time regular, and part-time flexible, willconsist of all non-protected persons at a given levelwithin an established craft at an installation unlessthe parties agree otherwise. It is the intent toprovide the broadest possible unit consistent withthe equities of senior non-protected employees andwith the efficient operation of the installation.
4. Union representation. Chief stewards and unionstewards whose responsibilities bear a directrelationship to the effective and efficientrepresentation of bargaining unit employees shallbe placed at the top of the seniority unit roster inthe order of their relative craft seniority for thepurposes of layoff, reduction in force, and recall.
Article 6
16
5. Reduction in force. If an excess of employeesexists at an installation after satisfaction of thepreconditions set forth in (B) above and after thelayoff procedure has been applied, the Employermay implement a reduction in force as definedabove. Such reduction will be conducted inaccordance with statutory and regulatoryrequirements that prevail at the time the forcereduction is effected. Should applicable law andregulations require that other non-protected,non-preference eligible employees from otherseniority units be laid off prior to reduction inforce, such employees will be laid off in inverseorder of their craft seniority in the seniority unit.
In determining competitive levels and competitiveareas applicable in a force reduction, the Employerwill submit its proposal to the Union(s) at least 30days prior to the reduction. The Union(s) will beafforded a full opportunity to make suggestedrevisions in the proposal. However, the Employer,having the primary responsibility for compliancewith the statute and regulations, reserves the rightto make the final decision with respect tocompetitive levels and competitive areas. Inmaking its decision with respect to competitivelevels and competitive areas the Employer shallgive no greater retention security to preferenceeligibles than to non-preference eligibles except asmay be required by law.
D. Recall Rights
1. Employees who are laid off or reduced in forceshall be placed on recall lists within their seniorityunits and shall be entitled to remain on such listsfor two years. Such employees shall keep theEmployer informed of their current address.
Article 6
17
Employees on the lists shall be notified in order ofcraft seniority within the seniority unit of allvacant assignments in the same category and levelfrom which they were laid off or reduced in force.Preference eligibles will be accorded no recallrights greater than non-preference eligibles exceptas required by law. Notice of vacant assignmentsshall be given by certified mail, return receiptrequested, and a copy of such notice shall befurnished to the local union president. Anemployee so notified must acknowledge receipt ofthe notice and advise the Employer of his or herintentions within 5 days after receipt of the notice.If the employee accepts the position offered he orshe must report for work within 2 weeks afterreceipt of notice. If the employee fails to reply tothe notice within 5 days after the notice is receivedor delivery cannot be accomplished, the Employershall offer the vacancy to the next employee on thelist. If an employee declines the offer of a vacantassignment in his or her seniority unit or does nothave a satisfactory reason for failure to reply to anotice, the employee shall be removed from therecall list.
2. An employee reassigned from a losing installationpursuant to B.5 above and who has retreat rightsshall be entitled under this Article to exercise thoseretreat rights before a vacancy is offered to anemployee on the recall list who is junior to thereassigned employee in craft seniority.
E. Protective Benefits
1. Severance pay. Employees who are separatedbecause of a layoff or reduction in force shall beentitled to severance pay in accordance with Part435 of the Employee and Labor Relations Manual.
Article 6
18
2. Health and Life Insurance Coverage. Employeeswho are separated because of a layoff or areduction in force shall be entitled to the healthinsurance and life insurance coverage and to theconversion rights provided for in the Employee andLabor Relations Manual.
F. Union Representation Rights
1. The interpretation and application of theprovisions of this Award shall be grievable underArticle 15. Any such grievance may be introducedat the Regional level and shall be subject to priorityarbitration.
2. The Employer shall provide to the affected Uniona quarterly report on all reassignments, layoff andreductions in force made under this Article.
3. Preference eligibles are not deprived of whateverrights of appeal such employees may have underapplicable laws and regulations. However, if anemployee exercises these appeal rights, theemployee thereby waives access to any procedureunder this agreement beyond Step 3 of thegrievance-arbitration procedure.
G. Intent
The Employer shall not lay off, reduce in force, or takeany other action against a non-protected employee solelyto prevent the attainment of that employee of protectionstatus.
Article 7.1
19
ARTICLE 7EMPLOYEE CLASSIFICATIONS
Section 1. Definition and Use
A. Regular Work Force. The regular work force shallbe comprised of two categories of employees which are asfollows:
1. Full-Time. Employees in this category shall behired pursuant to such procedures as the Employermay establish and shall be assigned to regularschedules consisting of five (5) eight (8) hour daysin a service week.
2. Part-Time. Employees in this category shall behired pursuant to such procedures as the Employermay establish and shall be assigned to regularschedules of less than forty (40) hours in a serviceweek, or shall be available to work flexible hoursas assigned by the Employer during the course ofa service week.
B. Supplemental Work Force.
1. The supplemental work force shall be comprised ofcasual employees. Casual employees are those whomay be utilized as a limited term supplementalwork force, but may not be employed in lieu of fullor part-time employees.
2. During the course of a service week, the Employerwill make every effort to insure that qualified andavailable part-time flexible employees are utilizedat the straight-time rate prior to assigning suchwork to casuals.
Article 7.1
20
3. Beginning January 16, 1999, the number ofcasuals who may be employed within a District inany accounting period, other than accountingperiods 3 and 4, shall not exceed 15% of the totalnumber of career employees within a Districtcovered by this Agreement, and also shall notexceed on average 5.9% of the total number ofcareer employees covered by this Agreementduring a fiscal year, exclusive of accountingperiods 3 and 4. Disputes concerning violationsof the casual cap will be addressed by theparties at the national level.
a. Any District exceeding the 15% casual cap inany accounting period, other than accountingperiods 3 and 4, shall reduce their casualworkforce by the total number of casualsexceeding the 15% cap within 2 accountingperiods from when the violation took place,except that such reductions will not occur inaccounting periods 3 and 4. The casualreduction associated with a violationoccurring in accounting period 12 or 13 willoccur within the next 2 accounting periods.
b. Any District exceeding the 15% casual cap inmore than one accounting period during afiscal year, other than accounting periods 3and 4, will be required to settle the violationthrough a monetary resolution that shall becalculated by utilizing the Level 5, Step A,straight time rate.
4. Casuals are limited to two (2) ninety (90) dayterms of casual employment in a calendar year. Inaddition to such employment, casuals may bereemployed during the Christmas period for notmore than twenty-one (21) days.
Article 7.2
21
C. Transitional Work Force
1. The transitional work force shall be comprised ofnoncareer, bargaining unit employees utilized to fillvacated assignments as follows:
a. Transitional employees may be used to coverduty assignments which are due to beeliminated by automation and residualvacancies withheld pursuant to Article 12.
b. Transitional employees may be used to replacepart-time attrition. Over the course of a payperiod, the Employer will make a reasonableeffort to ensure that qualified and availablepart-time flexible employees are utilized at thestraight-time rate prior to assigning such workto transitional employees working in the samework location and on the same tour.
2. Transitional employees shall be hired pursuant tosuch procedures as the Employer may establish.They will be hired for a term not to exceed 360calendar days for each appointment. Such employeeshave no daily or weekly work hour guarantee, exceptas provided for in Article 8.8.D. Transitionalemployees will have a break in service of at least 5days between appointments.
3. The use of transitional employees will be phased outas the deployed automated equipment becomesoperationally proficient.
Section 2. Employment and Work Assignments
A. Normally, work in different crafts, occupationalgroups or levels will not be combined into one job.However, to provide maximum full-time employment and
Article 7.2
22
provide necessary flexibility, management may establishfull-time schedule assignments by including work withindifferent crafts or occupational groups after the followingsequential actions have been taken:
1. All available work within each separate craft by tourhas been combined.
2. Work of different crafts in the same wage level bytour has been combined.
The appropriate representatives of the affected Unions will beinformed in advance of the reasons for establishing thecombination full-time assignments within different crafts inaccordance with this Article.
B. In the event of insufficient work on any particular dayor days in a full-time or part-time employee's own scheduledassignment, management may assign the employee to anyavailable work in the same wage level for which the employeeis qualified, consistent with the employee's knowledge andexperience, in order to maintain the number of work hours ofthe employee's basic work schedule.
C. During exceptionally heavy workload periods for oneoccupational group, employees in an occupational groupexperiencing a light workload period may be assigned to workin the same wage level, commensurate with their capabilities,to the heavy workload area for such time as managementdetermines necessary.
[See Memo, page 299]
Section 3. Employee Complements
A. The Employer shall staff all postal installations whichhave 200 or more man years of employment in the regularwork force as of the date of this Agreement as follows:
Article 8.1
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1. With respect to the combined bargaining unitsrepresented by the APWU, as set forth in Article1—80% full-time employees.
B. The Employer shall maximize the number of full-timeemployees and minimize the number of part-time employeeswho have no fixed work schedules in all postal installations;however, nothing in this paragraph B shall detract from theUSPS' ability to use the awarded full-time/part-time ratio asprovided for in paragraph 3.A. above.
C. A part-time flexible employee working eight (8) hourswithin ten (10), on the same five (5) days each week and thesame assignment over a six month period will demonstratethe need for converting the assignment to a full-timeposition.
[see Memos, pages 298, 299, 300]
ARTICLE 8HOURS OF WORK
Section 1. Work Week
The work week for full-time regulars shall be forty (40)hours per week, eight (8) hours per day within ten (10)consecutive hours, provided, however, that in all offices withmore than 100 full-time employees in the bargaining units thenormal work week for full-time regular employees will beforty hours per week, eight hours per day within nine (9)consecutive hours. Shorter work weeks will, however, existas needed for part-time regulars.
[see Memos, pages 301, 303]
Article 8.2
24
Section 2. Work Schedules
A. The employee's service week shall be a calendar weekbeginning at 12:01 a.m. Saturday and ending at 12 midnightthe following Friday.
B. The employee's service day is the calendar day onwhich the majority of work is scheduled. Where the workschedule is distributed evenly over two calendar days, theservice day is the calendar day on which such work schedulebegins.
C. The employee's normal work week is five (5) servicedays, each consisting of eight (8) hours, within ten (10)consecutive hours, except as provided in Section 1 of thisArticle. As far as practicable the five days shall beconsecutive days within the service week.
Section 3. Exceptions
The above shall not apply to part-time employees andtransitional employees.
Part-time employees will be scheduled in accordance withthe above rules, except they may be scheduled for less thaneight (8) hours per service day and less than forty (40) hoursper normal work week.
Transitional employees will be scheduled in accordance withSection 2, A and B, of this Article.
Section 4. Overtime Work
A. Overtime pay is to be paid at the rate of one andone-half (1 ½) times the basic hourly straight-time rate.
B. Overtime shall be paid to employees for workperformed only after eight (8) hours on duty in any one
Article 8.4
25
service day or forty (40) hours in any one service week.Nothing in this Section shall be construed by the parties orany reviewing authority to deny the payment of overtime toemployees for time worked outside of their regularlyscheduled work week at the request of the Employer.
C. Penalty overtime pay is to be paid at the rate of two(2) times the basic hourly straight-time rate. Penaltyovertime pay will not be paid for any hours worked in themonth of December.
D. Penalty overtime pay will be paid to full-time regularemployees for any overtime work in contravention of therestrictions in Section 5.F.
E. Excluding December, part-time flexible employeeswill receive penalty overtime pay for all work in excess often (10) hours in a service day or fifty-six (56) hours in aservice week.
F. Wherever two or more overtime or premium ratesmay appear applicable to the same hour or hours worked byan employee, there shall be no pyramiding or addingtogether of such overtime or premium rates and only thehigher of the employee's applicable rates shall apply.
G. Overtime Work Transitional Employees
Transitional employees shall be paid overtime for workperformed in excess of forty (40) work hours in any oneservice week. Overtime pay for transitional employees is tobe paid at the rate of one and one-half (1 ½) times the basichourly straight-time rate.
When an opportunity exists for overtime for qualified andavailable full-time employees, doing similar work in thework location where the employees regularly work, prior toutilizing a transitional employee in excess of eight (8) work
Article 8.5
26
hours in a service day, such qualified and available full-timeemployees on the appropriate Overtime Desired List will beselected to perform such work in order of their seniority ona rotating basis.
Section 5. Overtime Assignments
When needed, overtime work for regular full-timeemployees shall be scheduled among qualified employeesdoing similar work in the work location where theemployees regularly work in accordance with the following:
A. Two weeks prior to the start of each calendar quarter,full-time regular employees desiring to work overtimeduring that quarter shall place their names on an "OvertimeDesired" list.
B. Lists will be established by craft, section, or tour inaccordance with Article 30, Local Implementation.
C. 1.a. When during the quarter the need for overtimearises, employees with the necessary skillshaving listed their names will be selected inorder of their seniority on a rotating basis.
b. Those absent or on leave shall be passed over.
D. If the voluntary "Overtime Desired" list does notprovide sufficient qualified people, qualified full-timeregular employees not on the list may be required to workovertime on a rotating basis with the first opportunityassigned to the junior employee.
E. Exceptions to C and D above if requested by theemployee, may be approved by local management inexceptional cases based on equity (e.g., anniversaries,birthdays, illness, deaths).
Article 8.6
27
F. Excluding December, no full-time regular employeewill be required to work overtime on more than four (4) ofthe employee's five (5) scheduled days in a service week orwork over ten (10) hours on a regularly scheduled day, overeight (8) hours on a non-scheduled day, or over six (6) daysin a service week.
G. Full-time employees not on the "Overtime Desired"list may be required to work overtime only if all availableemployees on the "Overtime Desired" list have worked up totwelve (12) hours in a day or sixty (60) hours in a serviceweek. Employees on the "Overtime Desired" list:
1. may be required to work up to twelve (12) hours ina day and sixty (60) hours in a service week(subject to payment of penalty overtime pay setforth in Section 4.D for contravention of Section5.F); and
2. excluding December, shall be limited to no morethan twelve (12) hours of work in a day and nomore than sixty (60) hours of work in a serviceweek.
However, the Employer is not required to utilize employeeson the "Overtime Desired" list at the penalty overtime rateif qualified employees on the "Overtime Desired" list whoare not yet entitled to penalty overtime are available for theovertime assignment.
Each employee whose regular work schedule includes aperiod of service, any part of which is within the periodcommencing at midnight Saturday and ending at midnightSunday, shall be paid extra compensation at the rate of 25
Article 8.7
28
percent of the employee's base hourly rate of compensationfor each hour of work performed during that period ofservice. An employee's regularly scheduled reporting timeshall not be changed on Saturday or Sunday solely to avoidthe payment of Sunday premium payment.
Section 7. Night Shift Differential
Effective for the period November 21, 1998, throughNovember 20, 2000, for time worked between the hours of6:00 p.m. and 6:00 a.m., employees shall be paid additionalcompensation at the applicable flat dollar amount at eachpay grade and step in accordance with the attached table(Table Three).
Section 8. Guarantees
A. An employee called in outside the employee's regularwork schedule shall be guaranteed a minimum of four (4)consecutive hours of work or pay in lieu thereof where lessthan four (4) hours of work is available. Such guaranteedminimum shall not apply to an employee called in whocontinues working on into the employee's regularlyscheduled shift.
B. When a full-time regular employee is called in on theemployee's non-scheduled day, the employee will beguaranteed eight hours work or pay in lieu thereof.
C. The Employer will guarantee all employees at leastfour (4) hours work or pay on any day they are requested orscheduled to work in a post office or facility with 200 ormore man years of employment per year. All employees atother post offices and facilities will be guaranteed two (2)hours work or pay when requested or scheduled to work.
[see Memo, page 299]
Article 9.1
29
D. Effective June 7, 1996, any transitional employeewho is scheduled to work and who reports shall beguaranteed two (2) hours of work or pay. Such work or payshall not be guaranteed if such employees are directed not toreport ahead of the time they were scheduled to report towork.
Section 9. Wash-Up Time
Installation heads shall grant reasonable wash-up time tothose employees who perform dirty work or work with toxicmaterials. The amount of wash-up time granted eachemployee shall be subject to the grievance procedure.
(The preceding paragraph, Article 8.9, shall apply totransitional employees.)
ARTICLE 9SALARIES AND WAGES
Section 1. Basic Annual Salary
For those grades and steps in effect during the term of the1994 Agreement, the basic annual salary schedules, withproportional application to hourly rate employees, for thoseemployees covered under the terms and conditions of thisAgreement shall be increased as follows:
Effective November 21, 1998—the basic annual salary foreach grade and step shall be increased by an amount equalto 2.0% of the basic annual salary for the applicablegrade and step as set forth in the Postal Service SalarySchedule appended hereto (Table One).
Effective November 20, 1999—the basic annual salary foreach grade and step shall be increased by an amount equalto 1.4% of the basic annual salary for the applicablegrade and step as set forth in the Postal Service SalarySchedule appended hereto (Table One).
Article 9.2
30
Section 2. Step Progression Schedule
The step progression for the salary schedule shall be asfollows:
WAITINGFROM TO PERIOD STEP STEP (IN WEEKS)
For PS Grades1, 2, and 3
AA A 96A B 96B C 88C D 88
D E 44E F 44F G 44G H 44H I 44I J 44J K 34K L 34L M 26M N 26N O 24
Article 9.2
31
WAITINGFROM TO PERIOD STEP STEP (IN WEEKS)
For PS Grades 4, 5, 6, and 7
A B 96B C 96C D 44D E 44E F 44F G 44G H 44H I 44I J 44J K 34K L 34L M 26M N 26N O 24
WAITINGFROM TO PERIODSTEP STEP (IN WEEKS)
For PS Grades8, 9, and 10
C D 52D E 44E F 44F G 44G H 44H I 44I J 44J K 34K L 34L M 26M N 26N O 24
Article 9.3
32
Section 3. Cost of Living Adjustment
A. Definitions
1. "Consumer Price Index" refers to the "NationalConsumer Price Index for Urban Wage Earners andClerical Workers," published by the Bureau of LaborStatistics, United States Department of Labor(1967=100) and referred to herein as the "Index."
2. "Consumer Price Index Base" refers to theConsumer Price Index for the month of October1998 and is referred to herein as the "Base Index."
B. Effective Dates of Adjustment
Each employee covered by this Agreement shall receivecost-of-living adjustments, upward, in accordance with theformula in Section 3.C, below, effective on the followingdates:
— the second full pay period after the release of theJanuary 1999 Index
— the second full pay period after the release of the July1999 Index
— the second full pay period after the release of theJanuary 2000 Index
— the second full pay period after the release of the July2000 Index
C. The basic salary schedules provided for in thisAgreement shall be increased l cent per hour for each full0.4 of a point increase in the applicable Index above theBase Index. For example, if the increase in the Index fromOctober 1998 to January 1999 is 1.2 points, all pay scales
Article 9.5
33
for employees covered by this Agreement will be increasedby 3 cents per hour. In no event will a decline in the Indexbelow the Base Index result in a decrease in the pay scalesprovided for in this Agreement.
D. In the event the appropriate Index is not published onor before the beginning of the effective payroll period, anyadjustment required will be made effective at the beginningof the second payroll period after publication of theappropriate Index.
E. No adjustment, retroactive or otherwise, shall be madedue to any revision which may later be made in thepublished figures for the Index for any month mentioned in3.B, above.
F. If during the life of this Agreement, the BLS ceases tomake available the CPI-W (1967 = 100), the parties agreeto use the CPI-W (1982-84=100) at such time as BLS ceasesto make available the CPI-W (1967=100). At the time ofchange to the CPI-W (1982-84=100), the cost-of-livingformula in Section 3.C will be recalculated to provide thesame cost-of-living adjustment that would have beengranted under the formula using the CPI-W ( 1967 = 100).
Section 4. Application of Salary Rates
The Employer shall continue the current application ofsalary rates for the duration of this Agreement.
Section 5. Granting Step Increases
The Employer will continue the program on granting stepincreases for the duration of this Agreement.
Article 9.6
34
Section 6. Protected Salary Rates
A. The Employer shall continue the current salary rateprotection program for the duration of this Agreement. B. Employees who qualify for "saved grade" will receive
"saved grade " for an indefinite period of time subject to theconditions contained in Article 4, Section 3, and Article37.4.C.2.
Section 7. Transitional Employee
The hourly rates for transitional employees shall beincreased for all grades as follows:
Effective November 21, 1998 - the hourly rates for allgrades shall be increased by $0.30 per hour, based on thesalary schedule appended hereto (Table Two).
Effective November 20, 1999 - the hourly rates for allgrades shall be increased by $0.30 per hour, based on thesalary schedule appended hereto (Table Two).
35
36
37
38
Article 9.6
39
40
Article 10.3.B
41
ARTICLE 10LEAVE
Section 1. Funding
The Employer shall continue funding the leave program soas to continue the current leave earning level for theduration of this Agreement.
Section 2. Leave Regulations
A. The leave regulations in Subchapter 5l0 of theEmployee and Labor Relations Manual, insofar as suchregulations establish wages, hours and working conditionsof employees covered by this Agreement, shall remain ineffect for the life of this Agreement.
B. Career employees will be given preference overnoncareer employees when scheduling annual leave. Thispreference will take into consideration that scheduling isdone on a tour-by-tour basis and that employee skills are adetermining factor in this decision.
(The preceding paragraph, Article 10.2B, applies toTransitional Employees.)
[see Memos, pages 307 thru 314]
Section 3. Choice of Vacation Period
A. It is agreed to establish a nationwide program forvacation planning for employees in the regular work forcewith emphasis upon the choice vacation period(s) orvariations thereof.
B. Care shall be exercised to assure that no employee isrequired to forfeit any part of such employee's annual leave.
Article 10.3.C.
42
C. The parties agree that the duration of the choicevacation period(s) in all postal installations shall bedetermined pursuant to local implementation procedures.
D. Annual leave shall be granted as follows:
l. Employees who earn 13 days annual leave per yearshall be granted up to ten (l0) days of continuousannual leave during the choice period. The numberof days of annual leave, not to exceed ten (10), shallbe at the option of the employee.
2. Employees who earn 20 or 26 days annual leave peryear shall be granted up to fifteen (15) days ofcontinuous annual leave during the choice period.The number of days of annual leave, not to exceedfifteen (15), shall be at the option of the employee.
3. The subject of whether an employee may at the
employee's option request two (2) selections duringthe choice period(s), in units of either 5 or l0working days, the total not to exceed the ten (10) orfifteen (15) days above, may be determined pursuantto local implementation procedures.
4. The remainder of the employee's annual leave maybe granted at other times during the year, asrequested by the employee.
E. The vacation period shall start on the first day of theemployee's basic work week. Exceptions may be granted byagreement among the employee, the Union representativeand the Employer. F. An employee who is called for jury duty during the
employee's scheduled choice vacation period or who attendsa National State or Regional Convention (Assembly) duringthe choice vacation period is eligible for another available
Article 10.4.B
43
period provided this does not deprive any other employee offirst choice for scheduled vacation.
Section 4. Vacation Planning
The following general rules shall be observed inimplementing the vacation planning program:
A. The Employer shall, no later than November 1,publicize on bulletin boards and by other appropriate meansthe beginning date of the new leave year, which shall beginwith the first day of the first full pay period of the calendaryear.
B. The installation head shall meet with therepresentatives of the Union to review local service needs assoon after January 1 as practical. The installation head shallthen:
1. Determine the amount of annual leave accrued toeach employee's credit including that for the currentyear and the amount he/she expects to take in thecurrent year.
2. Determine a final date for submission ofapplications for vacation period(s) of the employee'schoice during the choice vacation period(s).
3. Provide official notice to each employee of thevacation schedule approved for each employee.
C. A procedure in each office for submission ofapplications for annual leave for periods other than thechoice period may be established pursuant to theimplementation procedure above.
D. All advance commitments for granting annual leavemust be honored except in serious emergency situations.
Article 10.5
44
Section 5. Sick Leave
The Employer agrees to continue the administration of thepresent sick leave program which shall include thefollowing specific items:
A. Credit employees with sick leave as earned.
B. Charge to annual leave or leave without pay (atemployee's option) approved absence for which employeehas insufficient sick leave.
C. Employee becoming ill while on annual leave mayhave leave charged to sick leave upon request.
D. For periods of absence of three (3) days or less, asupervisor may accept an employee's certification as reasonfor an absence.
[See Memo, page 308, 312]
Section 6. Minimum Charge for Leave
The minimum unit charged for sick leave and annual leavefor regular work force employees as defined in Article 7,Section 1A, is one hundredth of an hour (.01 hour).
Employees may utilize annual and sick leave in conjunctionwith leave without pay, subject to the approval of the leavein accordance with normal leave approval procedures. TheEmployer is not obligated to approve such leave for the lasthour of the employee's scheduled workday prior to and/orthe first hour of the employee's scheduled workday after aholiday.
(Additional leave provisions regarding TransitionalEmployees can be found in Appendix A)
[see Memos, pages 308-314]
Article 11.3
45
ARTICLE 11HOLIDAYS
Section 1. Holidays Observed
The following ten ( l0) days shall be considered holidays forfull-time and part-time regular scheduled employeeshereinafter referred to in this Article as "employees":
New Year's Day Martin Luther King, Jr.'s BirthdayWashington’s BirthdayMemorial DayIndependence DayLabor DayColumbus DayVeterans' DayThanksgiving DayChristmas Day
Section 2. Eligibility
To be eligible for holiday pay, an employee must be in a paystatus the last hour of the employee's scheduled workdayprior to or the first hour of the employee's scheduledworkday after the holiday.
Section 3. Payment
A. An employee shall receive holiday pay at theemployee's base hourly straight time rate for a number ofhours equal to the employee's regular daily workingschedule, not to exceed eight (8) hours.
B. Holiday pay is in lieu of other paid leave to which anemployee might otherwise be entitled on the employee'sholiday.
Article 11.4
46
Section 4. Holiday Work
A. An employee required to work on a holiday other thanChristmas shall be paid the base hourly straight time rate foreach hour worked up to eight (8) hours in addition to theholiday pay to which the employee is entitled as abovedescribed.
B. An employee required to work on Christmas shall bepaid one and one-half ( l ½) times the base hourly straighttime rate for each hour worked in addition to the holidaypay to which the employee is entitled as above described.
Section 5. Holiday on Non-Work Day A. When a holiday falls on Sunday, the following
Monday will be observed as the holiday. When a holidayfalls on Saturday, the preceding Friday shall be observed asthe holiday.
B. When an employee's scheduled non-work day falls ona day observed as a holiday, the employee's scheduledworkday preceding the holiday shall be designated as thatemployee’s holiday.
Section 6. Holiday Schedule
A. The Employer will determine the number andcategories of employees needed for holiday work and aschedule shall be posted as of the Tuesday preceding theservice week in which the holiday falls.
B. As many full-time and part-time regular scheduleemployees as can be spared will be excused from duty on aholiday or day designated as their holiday. Such employeeswill not be required to work on a holiday or day designatedas their holiday unless all casuals and part-time flexibles areutilized to the maximum extent possible even if the payment
Article 11.7
47
of overtime is required, and unless all full-time andpart-time regulars with the needed skills who wish to workon the holiday have been afforded an opportunity to do so.
C. An employee scheduled to work on a holiday who doesnot work shall not receive holiday pay, unless such absenceis based on an extreme emergency situation and is excusedby the Employer.
D. Transitional Employee
Transitional employees will be scheduled for work on aholiday or designated holiday after all full-time volunteersare scheduled to work on their holiday or designatedholiday. They will be scheduled, to the extent possible, priorto any full-time volunteers or nonvolunteers being scheduledto work a nonscheduled day or any full-time nonvolunteersbeing required to work their holiday or designated holiday.If the parties have locally negotiated a pecking order thatwould schedule full-time volunteers on a nonscheduled day,the Local Memorandum of Understanding will apply.
Section 7. Holiday Part-Time Employee
A part-time flexible schedule employee shall not receiveholiday pay as such. The employee shall be compensated forthe ten (10) holidays by basing the employee's regularstraight time hourly rate on the employee's annual ratedivided by 2,000 hours. For work performed on December25 a part-time flexible schedule employee shall be paid inaddition to the employee's regular straight time hourly rate,one-half (l/2) times the employee's regular straight timehourly rate for each hour worked up to eight (8) hours.
Article 12.1
48
ARTICLE 12PRINCIPLES OF SENIORITY, POSTING AND
REASSIGNMENTS
Section 1. Probationary Period
A. The probationary period for a new employee shall beninety (90) calendar days. The Employer shall have theright to separate from its employ any probationary employeeat any time during the probationary period and theseprobationary employees shall not be permitted access to thegrievance procedure in relation thereto. If the Employerintends to separate an employee during the probationaryperiod for scheme failure, the employee shall be given atleast seven (7) days advance notice of such intent to separatethe employee. If the employee qualifies on the schemewithin the notice period, the employee will not be separatedfor prior scheme failure.
B. The parties recognize that the failure of the Employerto discover a falsification by an employee in the employmentapplication prior to the expiration of the probationary periodshall not bar the use of such falsification as a reason fordischarge.
C. When an employee completes the probationaryperiod, seniority will be computed in accordance with thisAgreement as of the initial day of full-time or part-timeemployment.
D. When an employee who is separated from the PostalService for any reason is re-hired, the employee shall servea new probationary period. If the separation was due todisability, the employee's seniority shall be established inaccordance with Section 2, if applicable.
Article 12.2.E
49
Section 2. Principles of Seniority
A. Except as specifically provided in this Article, theprinciples of seniority are established in the craft Articles ofthis Agreement.
B. An employee who left the bargaining unit on or afterNovember 20, 1994, and returns to the same craft andinstallation:
1. will begin a new period of seniority if the employeereturns from a position outside the Postal Service;or
2. will begin a new period of seniority if the employeereturns from a non-bargaining unit position withinthe Postal Service, unless the employee returnswithin 1 year from the date the employee left theunit.
C. An employee who left the bargaining unit before July21, 1973, and returns to the same craft shall have seniorityas specified in the 1971-1973 National Agreement.
D. An employee who left the bargaining unit during theperiod from July 21, 1973, to November 19, 1994, andreturns to the same craft has seniority as provided in the1990-1994 National Agreement.
E. Except as provided in the Motor Vehicle craft, anemployee who left the craft and/or installation and returnsto the same craft and/or installation will begin a new periodof seniority unless the employee returns within 1 year fromthe date the employee left the craft and/or installation.
Article 12.3
50
F. The seniority for employees returning, within oneyear, under B.2. above shall be established afterreassignment as the seniority the employee had when he/sheleft minus seniority credit for service outside the bargainingunit, craft and/or installation.
Section 3. Principles of Posting
A. To insure a more efficient and stable work force, anemployee may be designated a successful bidder no morethan five (5) times during the duration of this Agreementunless such bid:
1. is to a job in a higher wage level;
2. is due to elimination or reposting of the employee'sduty assignment; or
3. enables an employee to become assigned to astation closer to the employee's place of residence.
B. Specific provisions for posting for each craft arecontained in the craft posting provisions of this Agreement.
Section 4. Principles of Reassignments
A. A primary principle in effecting reassignments willbe that dislocation and inconvenience to employees in theregular work force shall be kept to a minimum, consistentwith the needs of the service. Reassignments will be madein accordance with this Section and the provisions ofSection 5 below.
B. When a major relocation of employees is planned inmajor metropolitan areas or due to the implementation ofnational postal mail networks, the Employer will apply thisArticle in the development of the relocation andreassignment plan. At least 90 days in advance of
Article 12.4.D
51
implementation of such plan, the Employer will meet withthe Union at the national level to fully advise the Union howit intends to implement the plan. If the Union believes suchplan violates the National Agreement, the matter may begrieved.
Such plan shall include a meeting at the regional level inadvance (as much as six months whenever possible) of thereassignments anticipated. The Employer will advise theUnion based on the best estimates available at the time ofthe anticipated impact; the numbers of employees affectedby craft; the locations to which they will be reassigned; and,in the case of a new installation, the anticipated complementby tour and craft. The Union at the Regional Level will beperiodically updated by the Employer should any of theinformation change due to more current data beingavailable.
C. When employees are excessed out of theirinstallation, the Union at the national level may request acomparative work hour report of the losing installation 60days after the excessing of such employees.
If a review of the report does not substantiate that businessconditions warranted the action taken, such employees shallhave their retreat rights activated. If the retreat right isdenied, the employees have the right to thegrievance-arbitration procedure.
D. In order to minimize the impact on employees in theregular work force, the Employer agrees to separate, to theextent possible, casual employees working in the affectedcraft and installation prior to excessing any regularemployee in that craft out of the installation. The juniorfull-time employee who is being excessed has the option ofreverting to part-time flexible status in his/her craft, or ofbeing reassigned to the gaining installation.
Article 12.5
52
Section 5. Reassignments
A. Basic Principles and Reassignments
When it is proposed to:
l. Discontinue an independent installation;
2. Consolidate an independent installation (i.e.,discontinue the independent identity of aninstallation by making it part of another andcontinuing independent installation);
3. Transfer a classified station or classified branch tothe jurisdiction of another installation or make anindependent installation;
4. Reassign within an installation employees excessto the needs of a section of that installation;
5. Reduce the number of regular work forceemployees of an installation other than by attrition;
6. Centralized mail processing and/or deliveryinstallation (Clerk Craft only);
7. Reassignment--motor vehicles;
8. Reassignment--part-time flexibles in excess ofquota; such actions shall be subject to the followingprinciples and requirements.
B. Principles and Requirements
l. Dislocation and inconvenience to full-time andpart-time flexible employees shall be kept to theminimum consistent with the needs of the service.
Article 12.5.B.7
53
2. The Vice-President, Area Operations shall givefull consideration to withholding sufficientfull-time and part-time flexible positions within thearea for full-time and part-time flexible employeeswho may be involuntarily reassigned. Whenpositions are withheld, local management willperiodically review the continuing need forwithholding such positions and discuss with theunion the results of such review.
3. No employee shall be allowed to displace, or"bump" another employee, properly holding aposition or duty assignment.
4. The Union shall be notified in advance (as much assix (6) months whenever possible), suchnotification to be at the regional level, except underA.4 above, which shall be at the local level.
5. Full-time and part-time flexible employeesinvoluntarily detailed or reassigned from oneinstallation to another shall be given not less than60 days advance notice, if possible, and shallreceive moving, mileage, per diem andreimbursement for movement of household goodsas appropriate if legally payable will be governedby the standardized Government travel regulationsas set forth in Methods Handbook F- 10, " Travel."
6. Any employee volunteering to accept reassignmentto another craft or occupational group, anotherbranch of the Postal Service, or another installationshall start a new period of seniority beginning withsuch assignment, except as provided herein.
7. Whenever changes in mail handling patterns areundertaken in an area including one or more postalinstallations with resultant successive
Article 12.5.B.8
54
reassignments of clerks from those installations toone or more central installations, the reassignmentof clerks shall be treated as details for the first 180days in order to prevent inequities in the senioritylists at the gaining installations. The 180 days iscomputed from the date of the first detail of a clerkto the central, consolidated or new installation inthat specific planning program. If a tie develops inestablishing the merged seniority roster at thegaining installation, it shall be broken by totalcontinuous service in the regular work force in thesame craft.
8. Whenever in this Agreement provision is made forreassignments, it is understood that any full-timeor part-time flexible employee reassigned mustmeet the qualification requirements of the positionto which reassigned.
9. Whenever the provisions of the Sectionestablishing seniority are inconsistent with theprovisions of the Craft Articles of this Agreement,the provisions of the Craft Articles shall prevail.
10. It is understood that any employee entitledhereunder to a specific placement may exercisesuch entitlement only if no other employee has asuperior claim hereunder to the same position.
11. Surplus/excess U.S. Postal Service Employees--Surplus/excess U.S. Postal Service employees fromnon-mail processing and non-mail deliveryinstallations, regional offices, the U.S. PostalService Headquarters or from other Federaldepartments or agencies shall be placed at the footof the part-time flexible roll and begin a newperiod of seniority effective the date ofreassignment. Except as provided in Article 12.2,
Article 12.5.C.1
55
surplus/excess U.S. Postal Service employees froman APWU bargaining unit in any such facility shallbegin a new period of seniority but will retain theirfull-time or part-time status.
C. Special Provisions on Reassignments
In addition to the general principles and requirements abovespecified, the following specific provisions are applicable:
1. Discontinuance of an Independent Installation
a. When an independent installation isdiscontinued, all full-time and part-timeflexible employees shall, to the maximumextent possible, be involuntarily reassigned tocontinuing postal positions in accordance withthe following:
b. Involuntary reassignment of full-timeemployees with their seniority for dutyassignments to vacancies in the same or lowerlevel in the same craft or occupational groupin installations within 100 miles of thediscontinued installation, or in more distantinstallations, if after consultation with theUnion, it is determined that it is necessary.The Postal Service will designate suchinstallations for the reassignment of excessfull-time employees. When two or more suchvacancies are simultaneously available, firstchoice of duty assignment shall go to thesenior employee entitled by displacement froma discontinued installation to such placement.
c. Involuntary reassignment of full-timeemployees for whom consultation did notprovide for placement under C.1.b above in
Article 12.5.C.1.d
56
other crafts or occupational groups in whichthey meet minimum qualifications at the sameor lower level with permanent seniority forduty assignments under (1) and (2) below,whichever is lesser:
(1) One day junior to the seniority of thejunior full-time employee in the samelevel and craft or occupation in theinstallation to which assigned, or
(2) The seniority the employee had in thecraft from which reassigned.
d. Involuntary reassignment of part-time flexibleemployees with seniority in any vacancy in thepart-time flexible quota in the same craft oroccupational group at any installation within100 miles of the discontinued installation, orin more distant installations, if afterconsultation with the Union it is determinedthat it is necessary, the Postal Service willdesignate such installations for thereassignment of the part-time flexibleemployees.
e. Involuntary reassignment of part-time flexibleemployees for whom consultation did notprovide for placement under C.1.d above inother crafts or occupational groups in whichthey meet minimum qualification at the sameor lower level at the foot of the existingpart-time flexible roster at the receivinginstallation and begin a new period ofseniority.
f. Full-time employees for whom no full-timevacancies are available by the time theinstallation is discontinued shall be changed to
Article 12.5.C.2
57
part-time flexible employees in the same craftand placed as such, but shall for six monthsretain placement rights to full-time vacanciesdeveloping within that time within anyinstallation within 100 miles of thediscontinued installation, or in more distantinstallations, if after consultation with theUnion it is necessary, U.S. Postal Service willdesignate such installations for thereassignment of excess full-time employees onthe same basis as if they had remainedfull-time.
g. Employees, full-time or part-time flexible,involuntarily reassigned as above providedshall upon the reestablishment of thediscontinued installation be entitled toreassignment with full seniority to the firstvacancy in the reestablished installation in thelevel, craft or occupational group from whichreassigned.
2. Consolidation of an Independent Installation
a. When an independent postal installation isconsolidated with another postal installation,each full-time or part-time flexible employeeshall be involuntarily reassigned to thecontinuing installation without loss ofseniority in the employee's craft oroccupational group.
b. Where reassignments under 2.a, preceding,result in an excess of employees in any craft oroccupational group in the continuinginstallation, identification and placement ofexcess employees shall be accomplished by thecontinuing installation in accordance with the
Article 12.5.C.3
58
provisions of this Agreement covering suchsituations.
c. If the consolidated installation again becomesan independent installation, each full-time andpart-time flexible employee whosereassignment was necessitated by the previousconsolidation shall be entitled to the firstvacancy in the reestablished installation in thelevel and craft or occupational group held atthe time the installation was discontinued.
3. Transfer of a Classified Station or ClassifiedBranch to the Jurisdiction of AnotherInstallation or Made an IndependentInstallation
a. When a classified station or classified branchis transferred to the jurisdiction of anotherinstallation or made an independentinstallation, all full-time employees shall attheir option remain with the classified stationor classified branch without loss of seniority,or remain with the installation from which theclassified station or classified branch is beingtransferred.
b. A realistic appraisal shall be made of thenumber of employees by crafts or occupationswho will be needed in the station aftertransfer, and potential vacancies within theserequirements created by the unwillingness ofemployees to follow the station to the newjurisdiction shall be posted for bid on anoffice-wide basis in the losing installation.
c. If the postings provided in paragraph 3.b,preceding, do not result in sufficient
Article 12.5.C.4
59
employees to staff the transferred classifiedstation or classified branch, junior employees,by craft or occupational group on aninstallation-wide seniority basis in the losinginstallation, shall be involuntarily reassignedto the classified station or classified branchand each employee thus involuntarilyreassigned shall be entitled to the first vacancyin such employee's level and craft oroccupational group in the installation fromwhich transferred.
4. Reassignment Within an Installation ofEmployees Excess to the Needs of a Section
a. The identification of assignments comprisingfor this purpose a section shall be determinedlocally by local negotiations. If no sections areestablished immediately by local negotiations,the entire installation shall comprise thesection.
b. Full-time employees, excess to the needs of asection, starting with that employee who isjunior in the same craft or occupational groupand in the same level assigned in that section,shall be reassigned outside the section butwithin the same craft or occupational group.They shall retain their seniority and may bidon any existing vacancies for which they areeligible to bid. If they do not bid, they may beassigned in any vacant duty assignment forwhich there was no senior bidder in the samecraft and installation. Their preference is to beconsidered if more than one such assignmentis available.
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c. Such reassigned full-time employee retains theright to retreat to the section from whichwithdrawn only upon the occurrence of thefirst residual vacancy in the salary level afteremployees in the section have completedbidding. Such bidding in the section is limitedto employees in the same salary level as thevacancy. Failure to bid for the first availablevacancy will end such retreat right. The rightto retreat to the section is optional with theemployee who has retreat rights with respectto a vacancy in a lower salary level. Failure toexercise the option does not terminate theretreat rights in the salary level in which theemployee was reassigned away from thesection. In the Clerk Craft, an employee mayexercise the option to retreat to a vacancy in alower salary level only to an assignment forwhich the employee would have beenotherwise eligible to bid.
d. The duty assignment vacated by thereassignment of the junior full-time employeefrom the section shall be posted for bid of thefull-time employees in the section. If there areno bids, the junior remaining unassignedfull-time employee in the section shall beassigned to the vacancy.
5. Reduction in the Number of Employees in anInstallation Other Than by Attrition
a. Reassignments within installation. When forany reason an installation must reduce thenumber of employees more rapidly than ispossible by normal attrition, that installation:
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(1) Shall determine by craft and occupationalgroup the number of excess employees;
(2) Shall, to the extent possible, minimize theimpact on regular work force employeesby separation of all casuals;
(3) Shall, to the extent possible, minimize theimpact on full-time positions by reducingpart-time flexible hours;
(4) Shall identify as excess the necessarynumber of junior full-time employees inthe salary level, craft, and occupationalgroup affected on an installation-widebasis within the installation; makereassignments of excess full-timeemployees who meet the minimumqualifications for vacant assignments inother crafts in the same installation;involuntarily reassign them (except asprovided for letter carriers and vehicleservice employees in Section C.5.b below)in the same or lower level with seniority,whichever is the lesser of:
(a) One day junior to the seniority of thejunior full-time employee in the samelevel and craft or occupational groupin the installation to which assigned,or
(b) The seniority the employee had inthe craft from which reassigned. The5- year rule does not apply.
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(5) The employee shall be returned at the firstopportunity to the craft from whichreassigned.
(6) When returned, the employee retainsseniority previously attained in the craftaugmented by intervening employment inthe other craft.
(7) The right of election by a senior employeeprovided in paragraph b(3), below is notavailable for this cross-craft reassignmentwithin the installation.
b. Reassignments to other installations aftermaking reassignments within the installation:
(1) Involuntarily reassign such excessfull-time employees starting with thejunior with their seniority for dutyassignments to vacancies in the same orlower level in the APWU crafts ininstallations within 100 miles of thelosing installation, or in more distantinstallations if after consultation with theUnion it is determined that it is necessary,the Postal Service will designate suchinstallations for the reassignment ofexcess full-time employees. Employeeswho meet the minimum qualificationswill be afforded their option of availablevacancies by seniority. However:
(a) Whenever full-time or part-timemotor vehicle craft assignments arediscontinued in an installation andthere is an excess in a positiondesignation and salary level, the
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excess shall be adjusted to themaximum extent possible by makingvoluntary reassignments to vacantmotor vehicle craft positions ininstallations within 100 miles unlessthe employee applies for a vacancy ina more distant installation. Seniorqualified applicants for such vacantpositions shall be reassigned. Whenreassignment is in the samedesignation and salary level, thereassigned employee retains his/herseniority.
(2) Involuntarily reassign full-time employeesfor whom consultation did not provide forplacement under b(1) above in othercrafts or occupational groups in whichthey meet minimum qualifications at thesame or lower level with permanentseniority for duty assignments whicheveris lesser of:
(a) one day junior to the seniority of thejunior full-time employee in the samelevel and craft or occupational groupin the installation to which assigned,or
(b) the seniority he/she had in the craftfrom which reassigned. The 5-yearrule does not apply.
(3) Any senior employee in the same craft oroccupational group in the sameinstallation may elect to be reassigned tothe gaining installation and take theseniority of the senior full-time employeesubject to involuntary reassignment. Such
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senior employees who acceptreassignment to the gaining installationdo not have retreat rights.
(4) When two or more such vacancies aresimultaneously available, first choice ofduty assignment shall go to the senioremployee entitled by displacement from adiscontinued installation to suchplacement.
(5) A full-time employee shall have theoption of changing to part-time flexible inthe same craft or occupational group inlieu of involuntary reassignment.
(6) Employees involuntarily reassigned underb(l) and (2) above, other than senioremployees who elect to be reassigned inplace of junior employees, shall beentitled at the time of such reassignmentto file a written request to be returned tothe first vacancy in the level, in the craftor occupational group in the installationfrom which reassigned, and such requestshall be honored so long as the employeedoes not withdraw it or decline to acceptan opportunity to return in accordancewith such request.
In the Clerk Craft, an employee(s)involuntarily reassigned shall be entitledat the time of such reassignment to file awritten request to return to the firstvacancy in the craft and installation fromwhich reassigned. Such request for retreatrights must indicate whether theemployee(s) desires to retreat to the same,
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lower, and/or higher salary levelassignment and, if so, what salarylevel(s). The employee(s) shall have theright to bid for vacancies within theformer installation and the written requestfor retreat rights shall serve as a bid forall vacancies in the level from which theemployee was reassigned and for allresidual vacancies in other levels forwhich the employee has expressed adesire to retreat. The employee(s) mayretreat to only those assignments forwhich the employee(s) would have beenotherwise eligible to bid. If vacancies areavailable in a specified lower, higher orsame salary level, the employee will begiven the option. Failure to exerciseretreat rights to the first available vacancyterminates such rights. Furthermore,employee(s) electing to retreat to a lowerlevel assignment are not entitled to salaryprotection.
a. When the operations at a centralizedinstallation or other mail processing and/ordelivery installation result in an excess offull-time clerks at another installation(s),full-time clerks who are excess in a losinginstallation(s) by reason of the change, shallbe reassigned as provided in Section C.5.b.Reassignments of clerks shall be treated asdetails for the first 180 days to avoid inequities
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in the selection of preferred duty assignmentsby full-time clerks in the gaining installation.
b. Previously established preferred dutyassignments which become vacant beforeexpiration of the detail period must be postedfor bid and awarded to eligible full-time clerksthen permanently assigned in the gaininginstallation. Excess part-time flexible clerksmay be reassigned as provided for in SectionC.8.
c. All new duty assignments created in thegaining installation and all other vacant dutyassignments in the centralized installationshall be posted for bid. One hundred eighty(180) days is computed from the date of thefirst detail of an employee. Bidding shall beopen to all full-time clerks of the craftinvolved at the gaining installation. Thisincludes full-time clerks assigned to thegaining installation.
d. When the centralized installation is a newone:
(1) Full-time clerks who apply forreassignment from the losing installation,shall be reassigned with their seniority.
(2) Reassignments shall be in the order ofseniority and shall not exceed the numberof excess full-time clerks in the losinginstallation.
(3) The provisions of 5.a, above, apply toreassign junior full-time excess clerks,with their seniority, when there are excessfull-time clerks after the reassignment of
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senior full-time clerks who apply forreassignment.
7. Reassignments - Motor Vehicle
a. When a vehicle maintenance facility is establishedto replace an auxiliary garage, full-time andpart-time flexible craft positions in the gaininginstallation are to be posted in the losinginstallation for applications by full-time andpart-time flexible employees, respectively. Seniorqualified applicants shall be reassigned withoutloss of seniority, but not to exceed the number ofexcess employees in the losing installation.
b. When a vehicle maintenance facility is establishedto replace vehicle maintenance in a perimeteroffice, full-time and part-time flexible craftpositions in the new maintenance facility shall beposted in the losing installation for applications byfull-time and part-time flexible employees,respectively. Senior qualified applicants shall bereassigned without loss of seniority, but not toexceed the number of excess employees in thelosing installation.
c. When vehicle operations are changed by transferfrom one installation to another, new full-time andpart-time flexible craft positions shall be postedfor applications in the losing installation byfull-time and part-time flexible employees in thecraft, respectively. Senior qualified applicantsshall be reassigned without loss of seniority, butnot to exceed the number of excess employees inthe losing installation.
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d. After all reassignments have been made to thegaining installation, pursuant to Subsections a, band c, the new full-time assignments in thegaining installation shall be posted for bid.
e. If, after establishment of a new installation,operations result in further excess at losinginstallation(s), the procedures in Subsections a, b,c and d, above, apply to reassign senior applicantsfrom the losing installation(s) to positions in thenew installation.
8. Reassignment - Part-Time Flexible Employees inExcess of Quota (Other Than Motor Vehicle)
Where there are part-time flexible employees in excessof the part-time flexible quota for the craft for whomwork is not available, part-time flexibles lowest on thepart-time flexible roll equal in number to such excessmay at their option be reassigned to the foot of thepart-time flexible roll in the same or another craft inanother installation.
a. An excess employee reassigned to another craft inthe same or another installation shall be assignedto the foot of the part-time flexible roll and begina new period of seniority.
b. An excess part-time flexible employee reassignedto the same craft in another installation shall beplaced at the foot of the part-time flexible roll.Upon change to full-time from the top of thepart-time flexible roll, the employee's seniority forpreferred assignments shall include the senioritythe employee had in losing installation augmentedby part-time flexible service in the gaininginstallation.
c. A senior part-time flexible in the same craft or
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occupational group in the same installation mayelect to be reassigned in another installation in thesame or another craft and take the seniority, ifany, of the senior excess part-time flexible beingreassigned, as set forth in a and b, above.
d. The Postal Service will designate, afterconsultation with the Union, vacancies atinstallations in which excess part-time flexiblesmay request to be reassigned beginning withvacancies in other crafts in the same installation;then vacancies in the same craft in otherinstallations; and finally vacancies in other craftsin other installations making the designations tominimize relocation hardships to the extentpracticable.
e. Part-time flexibles reassigned to another craft inthe same installation shall be returned to the firstpart-time flexible vacancy within the craft andlevel from which reassigned.
f. Part-time flexibles reassigned to otherinstallations have retreat rights to the next suchvacancy according to their standing on thepart-time flexible roll in the losing installation butsuch retreat right does not extend to part-timeflexibles who elect to request reassignment inplace of the junior part-time flexibles.
g. The right to return is dependent upon a writtenrequest made at the time of reassignment from thelosing installation and such request shall behonored unless it is withdrawn or an opportunityto return is declined.
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D. Part-Time Regular Employees
Part-time regular employees assigned in the craft units shallbe considered to be in a separate category. All provisions ofthis Section apply to part-time regular employees within theirown category.
Section 6. Transfers
A. Installation heads will consider requests for transferssubmitted by employees from other installations.
B. Providing a written request for a voluntary transfer hasbeen submitted, a written acknowledgment shall be given in atimely manner.
[see Memo, page 316, 320]
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ARTICLE 13ASSIGNMENT OF ILL OR INJURED REGULAR
WORKFORCE EMPLOYEES
Section 1. Introduction
A. Part-time fixed schedule employees assigned in thecraft unit shall be considered to be in a separate category.All provisions of this Article apply to part-time fixedschedule employees within their own category.
B. The U.S. Postal Service and the Union recognizingtheir responsibility to aid and assist deserving full-timeregular or part-time flexible employees who through illnessor injury are unable to perform their regularly assignedduties, agree to the following provisions and conditions forreassignment to temporary or permanent light duty or otherassignments. It will be the responsibility of each installationhead to implement the provisions of this Agreement withinthe installation, after local negotiations.
Section 2. Employee's Request for Reassignment
A. Temporary Reassignment
Any full-time regular or part-time flexible employeerecuperating from a serious illness or injury and temporarilyunable to perform the assigned duties may voluntarilysubmit a written request to the installation head fortemporary assignment to a light duty or other assignment.The request shall be supported by a medical statement froma licensed physician or by a written statement from alicensed chiropractor stating, when possible, the anticipatedduration of the convalescence period. Such employee agreesto submit to a further examination by a Public HealthService doctor or physician designated by the installationhead, if that official so requests.
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B. Permanent Reassignment
1. Any ill or injured full-time regular or part-timeflexible employee having a minimum of five yearsof postal service, or any full-time regular orpart-time flexible employee who sustained injuryon duty, regardless of years of service, whileperforming the assigned duties can submit avoluntary request for permanent reassignment tolight duty or other assignment to the installationhead if the employee is permanently unable toperform all or part of the assigned duties. Therequest shall be accompanied by a medicalcertificate from the United States Public HealthService or a physician designated by theinstallation head giving full evidence of thephysical condition of the employee, the need forreassignment, and the ability of the employee toperform other duties. A certificate from theemployee's personal physician will not beacceptable.
2. The following procedures are the exclusiveprocedures for resolving a disagreement betweenthe employee's physician and the physiciandesignated by the USPS concerning the medicalcondition of an employee who has requested apermanent light duty assignment. Theseprocedures shall not apply to cases where theemployee's medical condition arose out of anoccupational illness or injury. On request of theUnion, a third physician will be selected from a listof five Board Certified Specialists in the medicalfield for the condition in question, the list to besupplied by the local Medical Society. Thephysician will be selected by the alternate strikingof names from the list by the Union and theEmployer. The Employer will supply the selected
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physician with all relevant facts including jobdescription and occupational physicalrequirements. The decision of the third physicianwill be final as to the employee's medical conditionand occupational limitations, if any. Any otherissues relating to the employee's entitlement to alight duty assignment shall be resolved through thegrievance-arbitration procedure. The costs of theservices of the third physician shall be shared bythe Union and the Employer.
C. Installation heads shall show the greatestconsideration for full-time regular or part-time flexibleemployees requiring light duty or other assignments, givingeach request careful attention, and reassign such employeesto the extent possible in the employee's office. When arequest is refused, the installation head shall notify theconcerned employee in writing, stating the reasons for theinability to reassign the employee.
Section 3. Local Implementation
Due to varied size installations and conditions withininstallations, the following important items having a directbearing on these reassignment procedures (establishment oflight duty assignments) should be determined by localnegotiations.
A. Through local negotiations, each office will establishthe assignments that are to be considered light duty withineach craft represented in the office. These negotiationsshould explore ways and means to make adjustments innormal assignments, to convert them to light dutyassignments without seriously affecting the production ofthe assignment.
B. Light duty assignments may be established frompart-time hours, to consist of 8 hours or less in a service dayand 40 hours or less in a service week. The establishment of
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such assignment does not guarantee any hours to a part-timeflexible employee.
C. Number of Light Duty Assignments. The number ofassignments within each craft that may be reserved fortemporary or permanent light duty assignments, consistentwith good business practices, shall be determined by pastexperience as to the number of reassignments that can beexpected during each year, and the method used in reservingthese assignments to insure that no assigned full-timeregular employee will be adversely affected, will be definedthrough local negotiations. The light duty employee's tourhours, work location and basic work week shall be those ofthe light duty assignment and the needs of the service,whether or not the same as for the employee's previous dutyassignment.
Section 4. General Policy Procedures
A. Every effort shall be made to reassign the concernedemployee within the employee's present craft oroccupational group, even if such assignment reduces thenumber of hours of work for the supplemental work force.After all efforts are exhausted in this area, considerationwill be given to reassignment to another craft oroccupational group within the same installation.
B. The full-time regular or part-time flexible employeemust be able to meet the qualifications of the position towhich the employee is reassigned on a permanent basis. Ona temporary reassignment, qualifications can be modifiedprovided excessive hours are not used in the operation.
C. The reassignment of a full-time regular or part-timeflexible employee to a temporary or permanent light duty orother assignment shall not be made to the detriment of anyfull-time regular on a scheduled assignment or give a
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reassigned part-time flexible preference over other part-timeflexible employees.
D. The reassignment of a full-time regular or part-timeflexible employee under the provisions of this Article to anagreed-upon light duty temporary or permanent or otherassignment within the office, such as type of assignment,area of assignment, hours of duty, etc., will be the decisionof the installation head who will be guided by the examiningphysician's report, employee's ability to reach the place ofemployment and ability to perform the duties involved.
E. An additional full-time regular position can beauthorized within the craft or occupational group to whichthe employee is being reassigned, if the additional positioncan be established out of the part-time hours being used inthat operation without increasing the overall hour usage. Ifthis cannot be accomplished, then consideration will begiven to reassignment to an existing vacancy.
F. The installation head shall review each light dutyreassignment at least once each year, or at any time theinstallation head has reason to believe the incumbent is ableto perform satisfactorily in other than the light dutyassignment the employee occupies. This review is todetermine the need for continuation of the employee in thelight duty assignment. Such employee may be requested tosubmit to a medical review by the United States PublicHealth Service or by a physician designated by theinstallation head if the installation head believes suchexamination to be necessary.
G. The following procedures are the exclusiveprocedures for resolving a disagreement between theemployee's physician and the physician designated by theUSPS concerning the medical condition of an employee whois on a light duty assignment. These procedures shall notapply to cases where the employee's medical condition arose
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out of an occupational illness or injury. On request of theUnion, a third physician will be selected from a list of fiveBoard Certified Specialists in the medical field for thecondition in question, the list to be supplied by the localMedical Society. The physician will be selected by thealternate striking of names from the list by the Union andthe Employer. The Employer will supply the selectedphysician with all relevant facts including job descriptionand occupational physical requirements. The decision of thethird physician will be final as to the employee's medicalcondition and occupational limitations, if any. Any otherissues relating to the employee's entitlement to a light dutyassignment shall be resolved through thegrievance-arbitration procedure. The costs of the services ofthe third physician shall be shared by the Union and theEmployer.
H. When a full-time regular employee in a temporarylight duty assignment is declared recovered on medicalreview, the employee shall be returned to the employee'sformer duty assignment, if it has not been discontinued. Ifsuch former regular assignment has been discontinued theemployee becomes an unassigned full-time regularemployee.
I. If a full-time regular employee is reassigned inanother craft for permanent light duty and later is declaredrecovered, on medical review, the employee shall bereturned to the first available full-time regular vacancy incomplement in the employee's former craft. Pending returnto such former craft, the employee shall be an unassignedfull-time regular employee. The employee's seniority shallbe restored to include service in the light duty assignment.
J. When a full-time regular employee who has beenawarded a permanent light duty assignment within theemployee's own craft is declared recovered, on medical
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review, the employee shall become an unassigned full-timeregular employee.
K. When a part-time flexible on temporary light duty isdeclared recovered, the employee's detail to light duty shallbe terminated.
L. When a part-time flexible who has been reassigned inanother craft on permanent light duty is declared recovered,such assignment to light duty shall be terminated. Section4.I, above, does not apply even though the employee hasadvanced to full-time regular while on light duty.
Section 5. Filling Vacancies Due to Reassignment of anEmployee to Another Craft
When it is necessary to permanently reassign an ill orinjured full-time regular or part-time flexible employee whois unable to perform the regularly assigned duties, from onecraft to another craft within the office, the followingprocedures will be followed:
A. When the reassigned employee is a full-time regularemployee, the resulting full-time regular vacancy in thecomplement, not necessarily in the particular dutyassignment of the losing craft from which the employee isbeing reassigned, shall be posted to give the senior of thefull-time regular employees in the gaining craft theopportunity to be reassigned to the vacancy, if desired.
B. If no full-time regular employee accepts theopportunity to be assigned to the vacancy in thecomplement, not necessarily in the particular dutyassignment in the other craft, the senior of the part-timeflexibles on the opposite roll who wishes to accept thevacancy shall be assigned to the full-time regular vacancy inthe complement of the craft of the reassigned employee.
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C. When the reassigned employee is a part-time flexible,the resulting vacancy in the losing craft shall be posted togive the senior of the full-time regular or part-time flexibleemployees in the gaining craft the opportunity to beassigned to the part-time flexible vacancy, if desired, tobegin a new period of seniority at the foot of the part-timeflexible roll.
D. The rule in A and B, above, applies when a full-timeregular employee on permanent light duty is declaredrecovered and is returned to the employee's former craft, togive the senior of the full-time regular or part-time flexibleemployees in the gaining craft the opportunity, if desired, tobe assigned in the resulting full-time regular vacancy in thecomplement, not necessarily in the particular dutyassignment of the losing craft.
Section 6. Seniority of an Employee Assigned to AnotherCraft
A. Except as provided for in Section 4.I, above, afull-time regular employee assigned to another craft oroccupational group in the same or lower level in the sameinstallation shall take the seniority for preferred tours andassignments, whichever is the lesser of (a) one day junior tothe junior full-time regular employee in the craft oroccupational group, (b) retain the seniority the employeehad in the employee's former craft.
B. A part-time flexible employee who is permanentlyassigned to a full-time regular or part-time flexibleassignment in another craft, under the provisions of thisArticle, shall begin a new period of seniority. If assigned asa part-time flexible, it shall be at the foot of the part-timeflexible roll.
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ARTICLE 14SAFETY AND HEALTH
Section 1. Responsibilities
It is the responsibility of management to provide safeworking conditions in all present and future installationsand to develop a safe working force. The Union willcooperate with and assist management to live up to thisresponsibility. The Employer will meet with the Union on asemiannual basis and inform the Union of its automatedsystems development programs. The Employer also agreesto give appropriate consideration to human factors in thedesign and development of automated systems. Humanfactors and ergonomics of new automated systems are aproper subject for discussion at the National JointLabor-Management Safety Committee.
Section 2. Cooperation
The Employer and the Union insist on the observance ofsafe rules and safe procedures by employees and insist oncorrection of unsafe conditions. Mechanization, vehicles andvehicle equipment, and the work place must be maintainedin a safe and sanitary condition, including adequateoccupational health and environmental conditions. TheEmployer shall make available at each installation theappropriate forms to be used by employees in reportingunsafe and unhealthful conditions. If an employee believeshe/she is being required to work under unsafe conditions,such employees may:
(a) notify such employee's supervisor who willimmediately investigate the condition and take correctiveaction if necessary;
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(b) notify such employee's steward, if available, who maydiscuss the alleged unsafe condition with such employee'ssupervisor;
(c) file a grievance at Step 2 of the grievance procedurewithin fourteen (14) days of notifying such employee'ssupervisor if no corrective action is taken during theemployee's tour, and/or
(d) make a written report to the Union representativefrom the local Safety and Health Committee who maydiscuss the report with such employee's supervisor.
Upon written request of the employee involved in anaccident, a copy of the PS Form 1769 (Accident Report) willbe provided.
Any grievance filed in accordance with Section 2. (c)above which is not resolved at Step 2 may only beappealed to the local Safety and Health Committee fordiscussion and decision. Any such appeal must be madewithin fifteen (15) days after receipt of the Employer'sStep 2 decision unless the parties agree to extend thetime for appeal. The committee shall meet to discuss thegrievance at the next regularly scheduled local Safetyand Health Committee meeting. Any grievance notresolved by the committee may be appealed directly toarbitration within 21 days of the committee's review.
Any grievance which has as its subject a safety or healthissue directly affecting an employee(s) which is subsequentlyproperly appealed to arbitration in accordance with theprovisions of Article 15 may be placed at the head of theappropriate arbitration docket at the request of the Union.
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Section 3. Implementation To assist in the positive implementation of the variousprograms:
A. There shall be established at the Employer'sHeadquarters level a Joint Labor-Management SafetyCommittee and a Joint Labor-Management ErgonomicsCommittee. Representation on the Committees, to bespecifically determined by the Employer and the Union,shall include one person from the Union and representativesfrom appropriate Departments in the Postal Service. Notlater than 60 days following the effective date of thisNational Agreement, designated representatives of theUnion and Management will meet for the purpose ofdeveloping a comprehensive agenda which will include allaspects of the Employer's Safety Program and ErgonomicsProgram. Subsequent to the development of this agenda,priorities will be established and a tentative schedule will bedeveloped to insure full discussion of all topics. Meetingsmay also be requested by either party for the specificpurpose of discussing additional topics of interest within thescope of the Committees.
The responsibility of the Safety and the ErgonomicsCommittees will be to evaluate and make recommendationson all aspects of the Employer's respective Safety andErgonomics Programs, to include program adequacy, fieldimplementation, studies for improving the workenvironment, training, and unsafe conditions. To supportthis process the Employer shall establish a fund of $500,000within ninety (90) days of the effective date of thisAgreement. In January 1999 and 2000 the Employer willreplenish the fund to its original amount. The Fund shall besupervised by the Joint National Labor-Management SafetyCommittee. Disbursement of the funds for any expendituresshall be authorized by the chairperson of the Committee.
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The Chairman will be designated by the Employer. TheEmployer shall furnish the Union information relating toinjuries, illness and safety, including the morbidity andmortality experience of employees. This report shall be inform of reports furnished OSHA on a quarterly basis. TheHeadquarters level Committee will meet quarterly and theEmployer and Union Representatives will exchangeproposed agenda items two weeks before the scheduledmeetings. If problems or items of significant, nationalnature arise between scheduled quarterly meetings eitherparty may request a special meeting of the Committee.Either party will have the right to be accompanied to anyCommittee meeting by technical advisors.
B. There shall be established at the Employer's Arealevel, an Area Joint Labor-Management Safety Committee,which will be scheduled to meet quarterly. The Employerand Union Representatives will exchange proposed agendaitems two weeks before the scheduled meetings. If problemsor items of a significant Area nature arise betweenscheduled quarterly meetings, either party may request aspecial meeting of the Committee. Either party will have theright to be accompanied to any Committee meeting bytechnical advisors. Representation on the Committee shallinclude one person from the Union and appropriaterepresentatives from the Postal Service Area Office. TheChairman will be designated by the Employer.
C. The Employer will make Health Service available forthe treatment of job related injury or illness where itdetermines they are needed. The Health Service will beavailable from any of the following sources: U.S. PublicHealth Service; other government or public medical sourceswithin the area; independent or private medical facilities orservices that can be contracted for; or in the event funds,spaces and personnel are available for such purposes, theymay be staffed at the installation. The Employer willpromulgate appropriate regulations which comply with
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applicable regulations of the Office of Workers'Compensation Programs, including employee choice ofhealth services.
D. The Employer will comply with Section 19 of theWilliams-Steiger Occupational Safety and Health Act.
Section 4. Local Safety Committee
At each postal installation having 50 or more employees, aJoint Labor-Management Safety and Health Committee willbe established. In installations having fewer than 50employees, installation heads are encouraged to establishsimilar committees when requested by the Union. Where noSafety and Health Committee exists, safety and health itemsmay be placed on the agenda and discussed atlabor-management meetings. There shall be equalrepresentation on the Committee between the Union andmanagement. The representation on the Committee to bespecifically determined by the Employer and the Union shallinclude one person from the Union, except in installationswith two or more APWU crafts where up to two personsmay be designated by the Union, and appropriatemanagement representatives. The Chairman will bedesignated by the Employer.
It is recognized that under some circumstances, the presenceof an additional employee employed at the installation willbe useful to the local Safety and Health Committee becauseof that employee's special expertise or experience with theagenda item being discussed. Under these circumstances,which will not normally be applicable to most agenda items,the employee may, at the request of the Union, be inattendance only for the time necessary to discuss that item.Payment for the actual time spent at such meetings by theemployee will be at the applicable straight-time rate,providing the time spent is a part of the employee's regularworkday.
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Section 5. Subjects for Discussion
Individual grievances may be made the subject ofdiscussion during local Safety and Health Committeemeetings, in accordance with Article 14, Section 2.
Section 6. Employee Participation
It is the intent of this program to insure broad exposure toemployees, to develop interest by active participation ofemployees, to insure new ideas being presented to theCommittee and to make certain that employees in all areasof an installation have an opportunity to be represented. Atthe same time, it is recognized that for the program to beeffective, it is desirable to provide for a continuity in thecommittee work from year to year. Therefore, except for theChairman and Secretary, the Committee members shallserve three-year terms and shall at the discretion of theUnion be eligible to succeed themselves.
Section 7. Local Committee Meetings
The Safety and Health Committee shall meet at leastquarterly and at such other times as requested by aCommittee member and approved by the Chairman in orderto discuss significant problems or items. The meeting shallbe on official time. Each Committee member shall submitagenda items to the Secretary at least three (3) days prior tothe meeting. A member of the Health Unit will be invited toparticipate in the meeting of the Labor-Management Safetyand Health Committee when agenda item(s) relate to theactivities of the Health Unit.
Section 8. Local Committee Responsibilities
A. The Committee shall review the progress in accidentprevention and health at the installation; determine programareas which should have increased emphasis; and it may
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investigate major accidents which result in disablinginjuries. Items properly relating to employee safety andhealth shall be considered appropriate discussion items.Upon a timely request, information or records necessary forthe local Safety and Health Committee to investigate real orpotential safety and health issues will be made available tothe Committee.
In addition, the Committee shall promote the cause of safetyand health in the installation by:
1. Reviewing safety and health suggestions, safetytraining records and reports of unsafe conditions orpractices.
2. Reviewing local safety and health rules.
3. Identifying employee unsafe work practices andassisting in enforcing safety work rules.
4. Reviewing updated list of hazardous materials usedin the installation.
5. Identifying areas in which it is appropriate torequire the presence of an additional person whilemaintenance work assignments are performed inhazardous areas to ensure adequate safetyprecautions.
Once such work assignments are identified, thecommittee will develop an on-the-job safetyreview/analysis (Form 1783) to document that anadditional person will be used to avoid or minimizeidentified hazards.
The Committee shall at its discretion render reports to theinstallation head and may at its discretion makerecommendations to the installation head for action onmatters concerning safety and health. The installation head
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shall within a reasonable period of time advise theCommittee that the recommended action has been taken oradvise the Headquarters Safety and Health Committee andthe President of the local Union as to why it has not. Anymember of the Committee may also submit a written reportto the Headquarters Safety and Health Committee in theevent the Committee's recommendations are notimplemented.
Upon proper written request to the Chairman of theCommittee, on-the-spot inspection of particular troublesomeareas may be made by individual Committee members or aSubcommittee or the Committee as a whole. Such requestshall not be unreasonably denied. When so approved, theCommittee members shall be on official time while makingsuch inspection.
The Union representatives from the local Safety and HealthCommittee may participate on the annual inspection,conducted by District safety and health services personnel inthe main facility of each Processing and Distribution Center,Facility and BMC, provided that the Union representsemployees at the main facility of the Processing andDistribution Center, Facility or BMC being inspected. In nocase shall there be more than one (1) Union representativeon such inspections except in 200 man-year facilities whereup to (2) union representatives may participate.
The Union representative from the local Safety and HealthCommittee may participate on other inspections of the mainfacility of each post office, Processing and DistributionCenter, Facility, BMC, or other installation with 100 ormore man years of employment in the regular work force,and of an individual station or branch where the station orbranch has 100 or more man years of employment in theregular work force, provided that the Union representsemployees at the main facility or station or branch andprovided that the Union representative is domiciled at the
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main facility or station or branch to be inspected. If theUnion representative to the local Safety and HealthCommittee is not domiciled at the main facility or station orbranch to be inspected and if the Union representsemployees at the main facility or station or branch, at theUnion's option, a representative from the Committee mayparticipate on the inspection (at no additional cost for theEmployer) or the Union may designate a representativedomiciled at the main facility or station or branch to beinspected to participate on the inspection. In no case shallthere be more than one (1) Union representative on suchinspections.
The Union representative from the local Safety and HealthCommittee may participate on the annual inspection of eachinstallation with less than 100 man years of employment inthe regular work force, where such Committee exists in theinstallation being inspected. In those installations that donot have a Safety and Health Committee, the inspector shallafford the opportunity for an APWU bargaining unitemployee from that installation to accompany him/herduring these inspections.
B. An appointed member of a local committee willreceive an orientation by the Employer which will include:
1. Responsibilities of the Committee and its members.
2. Basic elements of the Safety and Health Program.
3. Identification of hazards and unsafe practices.
4. Explanation of reports and statistics reviewed andanalyzed by the Committee.
C. Where an investigation board is appointed by aVice-President, Area Operations or a District Manager,Customer Services to investigate a fatal or serious industrialnon-criminal accident and/or injury, the Union at the
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installation will be advised promptly. When requested by theUnion, a representative from the local Safety and HealthCommittee will be permitted to accompany the board in itsinvestigation.
D. In installations where employees represented by theUnion accept, handle and/or transport hazardous materials,the Employer will establish a program of promoting safetyawareness through communications and/or training, asappropriate. Elements of such a program would include, butnot be limited to:
1. Informational postings, pamphlets or articles inPostal and Area Bulletins.
2. Distribution of Publication 52 to employees whoseduties require acceptance of and handlinghazardous or perishable items.
3. On-the-job training of employees whose dutiesrequire the handling and/or transportation ofhazardous or perishable items. This training willinclude, but is not limited to, hazard identification;proper handling of hazardous materials; personalprotective equipment availability and its use;cleanup and disposal requirements for hazardousmaterials.
4. All mailbags containing any hazardous materials,as defined in Publication 52, will be appropriatelyidentified so that the employee handling the mailis aware that the mailbag contains one or morehazardous material packages.
5. Personal protective equipment will be madeavailable to employees who are exposed to spillsand breakage of hazardous materials.
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Section 9. Field Federal Safety and Health Councils
In those cities where Field Federal Safety and HealthCouncils exist, one representative of the Union who is onthe Local Safety and Health Committee in an independentpostal installation in that city and who serves as a memberof such Councils, will be permitted to attend the meetings.Such employee will be excused from regularly assignedduties without loss of pay. Employer authorized payment asoutlined above will be granted at the applicable straight timerate, provided the time spent in such meetings is a part ofthe employee's regular work day.
(The preceding Article, Article 14, shall apply toTransitional Employees)
ARTICLE 15GRIEVANCE-ARBITRATION PROCEDURE
Section 1. Definition
A grievance is defined as a dispute, difference, disagreementor complaint between the parties related to wages, hours,and conditions of employment. A grievance shall include,but is not limited to, the complaint of an employee or of theUnion which involves the interpretation, application of, orcompliance with the provisions of this Agreement or anylocal Memorandum of Understanding not in conflict withthis Agreement.
Section 2. Grievance Procedure Steps
Step 1:
(a) Any employee who feels aggrieved must discuss thegrievance with the employee's immediate supervisor withinfourteen (14) days of the date on which the employee or the
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Union first learned or may reasonably have been expected tohave learned of its cause. The employee, if he or she sodesires, may be accompanied and represented by theemployee's steward or a Union representative. The Unionalso may initiate a grievance at Step l within l4 days of thedate the Union first became aware of (or reasonably shouldhave become aware of) the facts giving rise to the grievance.In such case the participation of an individual grievant isnot required. A Step l Union grievance may involve acomplaint affecting more than one employee in the office.When the Union files a class action grievance,Management will designate the appropriate employerrepresentative responsible for handling such complaint.
(b) In any such discussion the supervisor shall haveauthority to settle the grievance. The steward or other Unionrepresentative likewise shall have authority to settle orwithdraw the grievance in whole or in part. No resolutionreached as a result of such discussion shall be a precedentfor any purpose.
(c) If no resolution is reached as a result of such discussion,the supervisor shall render a decision orally stating thereasons for the decision. The supervisor's decision should bestated during the discussion, if possible, but in no eventshall it be given to the Union representative (or the grievant,if no Union representative was requested) later than five (5)days thereafter unless the parties agree to extend the five (5)day period. Within five (5) days after the supervisor'sdecision, the supervisor shall, at the request of the Unionrepresentative, initial the standard grievance form that isused at Step 2 confirming the date upon which the decisionwas rendered.
(d) The Union shall be entitled to appeal an adversedecision to Step 2 of the grievance procedure within ten (10)days after receipt of the supervisor's decision. Such appealshall be made by completing a standard grievance form
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developed by agreement of the parties, which shall includeappropriate space for at least the following:
1. Detailed statement of facts;
2. Contentions of the grievant;
3. Particular contractual provisions involved; and
4. Remedy sought.
Step 2:
(a) The standard grievance form appealing to Step 2 shallbe filed with the installation head or designee. In anyassociate post office of twenty (20) or less employees, theEmployer shall designate an official outside of theinstallation as the Step 2 official, and shall so notify theUnion Step 1 representative.
(b) Any grievance initiated at Step 2, pursuant to Article 2or 14 of this Agreement, must be filed within 14 days of thedate on which the Union or the employee first learned ormay reasonably have been expected to have learned of itscause.
(c) The installation head or designee will meet with thesteward or a Union representative as expeditiously aspossible, but no later than seven (7) days following receiptof the Step 2 appeal unless the parties agree upon a laterdate. In all grievances appealed from Step 1 or filed at Step2, the grievant shall be represented in Step 2 for all purposesby a steward or a Union representative who shall haveauthority to settle or withdraw the grievance as a result ofdiscussions or compromise in this Step. The installationhead or designee in Step 2 also shall have authority to grantor settle the grievance in whole or in part.
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(d) At the meeting the Union representative shall make afull and detailed statement of facts relied upon, contractualprovisions involved, and remedy sought. The Unionrepresentative may also furnish written statements fromwitnesses or other individuals. The Employer representativeshall also make a full and detailed statement of facts andcontractual provisions relied upon. The parties'representatives shall cooperate fully in the effort to developall necessary facts, including the exchange of copies of allrelevant papers or documents in accordance with Article 31.The parties' representatives may mutually agree to jointlyinterview witnesses where desirable to assure fulldevelopment of all facts and contentions. In addition, incases involving discharge either party shall have the right topresent no more than two witnesses. Such right shall notpreclude the parties from jointly agreeing to interviewadditional witnesses as provided above.
(e) Any settlement or withdrawal of a grievance in Step 2shall be in writing or shall be noted on the standardgrievance form, but shall not be a precedent for any purpose,unless the parties specifically so agree or develop anagreement to dispose of future similar or related problems.
(f) Where agreement is not reached the Employer'sdecision shall be furnished to the Union representative inwriting, within ten (10) days after the Step 2 meeting unlessthe parties agree to extend the ten (10) day period. Thedecision shall include a full statement of the Employer'sunderstanding of (1) all relevant facts, (2) the contractualprovisions involved, and (3) the detailed reasons for denialof the grievance.
(g) If the Union representative believes that the facts orcontentions set forth in the decision are incomplete orinaccurate, such representative should, within ten (10) daysof receipt of the Step 2 decision, transmit to the Employer'srepresentative a written statement setting forth corrections
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or additions deemed necessary by the Union. Any suchstatement must be included in the file as part of thegrievance record in the case. The filing of such correctionsor additions shall not affect the time limits for appeal toStep 3 or arbitration.
(h) The Union may appeal an adverse Step 2 decision toStep 3. Any such appeal must be made within fifteen (15)days after receipt of the Employer's decision unless theparties' representatives agree to extend the time for appeal.However, the Union may appeal an adverse Step 2decision directly to arbitration for disciplinarygrievances or contract grievances which involve theinterpretation, application of, or compliance with theprovisions of any local Memorandum of Understandingnot in conflict with this Agreement, and those issues theparties have agreed are appealed to ExpeditedArbitration. These grievances will be appealed to theappropriate Grievance/Arbitration Processing Centerwithin thirty (30) days after the receipt of theEmployer's Step 2 decision. Any appeal must includecopies of (1) the standard grievance form, (2) theEmployer's written Step 2 decision, and, if filed, (3) theUnion corrections or additions to the Step 2 decision.
Step 3:
(a) Any appeal from an adverse decision in Step 2 shall bein writing to the appropriate management official at theGrievance/Arbitration Processing Center, with a copy to theEmployer's Step 2 representative, and shall specify thereasons for the appeal.
(b) The grievant shall be represented at the Employer's Step3 Level by a Union's Regional representative, or designee.The Step 3 meeting of the parties' representatives to discussthe grievance shall be held within fifteen (15) days after ithas been appealed to Step 3. Each party's representative
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shall be responsible for making certain that all relevant factsand contentions have been developed and considered. TheUnion representative shall have authority to settle orwithdraw the grievance in whole or in part. The Employer'srepresentative likewise shall have authority to grant thegrievance in whole or in part. In any case where the parties'representatives mutually conclude that relevant facts orcontentions were not developed adequately in Step 2, theyshall have authority to return the grievance to the Step 2level for full development of all facts and furtherconsideration at that level. In such event, the parties'representatives at Step 2 shall meet within seven (7) daysafter the grievance is returned to Step 2. Thereafter, the timelimits and procedures applicable to Step 2 grievances shallapply.
(c) The Employer's written Step 3 decision on thegrievance shall be provided to the Union's Step 3representative within fifteen (15) days after the parties havemet in Step 3, unless the parties agree to extend the fifteen(15) day period. Such decision shall state the reasons for thedecision in detail and shall include a statement of anyadditional facts and contentions not previously set forth inthe record of the grievance as appealed from Step 2. Ifeither party's Step 3 representative believes that aninterpretive issue under the National Agreement or somesupplement thereto which may be of general application isinvolved in the case, the issue will be discussed with theappropriate National Union/ManagementRepresentatives at the Head-quarters Level. If eitherparty's National Representative determines the issue tobe interpretive, a written notice will be sent to the otherparty specifying in detail the facts giving rise to thedispute, the precise interpretive issues to be decided andthe initiating party's contention. The grievance(s) shallbe held at the Area and/or District Level pendingdiscussion at the national level or the outcome of aNational Arbitration award.
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(d) The Union may appeal an adverse decision directly toarbitration at the appropriate Grievance/ArbitrationProcessing Center within twenty-one (21) days after thereceipt of the Employer's Step 3 decision in accordance withthe procedure hereinafter set forth.
(e) Where grievances appealed to Step 3 involve the same,or substantially similar issues or facts, one such grievanceto be selected by the Union representative shall bedesignated the "representative" grievance. If not resolved atStep 3, the "representative" grievance may be appealed toarbitration in accordance with the above and placed at thehead of the appropriate arbitration docket, or the issuewill be referred to the parties' national representativesat the Headquarters level pursuant to (c) above. All othergrievances which have been mutually agreed to as involvingthe same, or substantially similar issues or facts as thoseinvolved in the "representative" grievance shall be held atStep 3 pending resolution of the "representative" grievance,provided they were timely filed at Step 1 and properlyappealed to Steps 2 and 3 in accordance with the grievanceprocedure.
Following resolution of the "representative" grievance, theparties involved in that grievance shall meet at Step 3 toapply the resolution to the other pending grievancesinvolving the same, or substantially similar issues or facts.Disputes over the applicability of the resolution of the"representative" grievance shall be resolved through thegrievance-arbitration procedures contained in this Article;in the event it is decided that the resolution of the"representative" grievance is not applicable to a particulargrievance, the merits of that grievance shall also beconsidered.
(f) In order to discourage the filing of multiple localgrievances involving any new or changed District orArea-wide policy, instructions, or guidelines, the APWU
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Regional Coordinator or National Business Agent may fileone grievance concerning such policy, instructions, orguidelines, directly at Step 3 of the grievance procedure.The grievance may be filed within fourteen (14) days of thedate on which such union representative first learned or mayreasonably have been expected to have learned of theimplementation of such policy, instructions, or guidelines.Timely local grievances, which had already been filedconcerning such policy, instructions, or guidelines, will beheld at or returned to Step 2 of the grievance procedure, asapplicable, pending the resolution of the grievance fileddirectly at Step 3. Thereafter, local grievances will befinally adjudicated in accordance with the resolution of thegrievance filed directly at Step 3. If not resolved, thegrievance filed directly at Step 3 may be appealed toarbitration within twenty-one (21) days and placed at thehead of the appropriate arbitration docket.
Step 4:
(a) In any dispute properly initiated at this Step by theappropriate Nat ional Union/ManagementRepresentative, the parties shall meet at the National levelpromptly, but in no event later than thirty (30) days afterinitiating such dispute in an effort to define the preciseissues involved, develop all necessary facts and reachagreement. The Union representative shall have authorityto settle or withdraw the dispute in whole or in part. TheEmployer's representative shall have authority to grant orsettle the dispute in whole or in part. The parties' Step 4representatives may, by mutual agreement, return anydispute to Step 3 where (a) the parties agree that nonational interpretive issue is fairly presented or (b) itappears that all relevant facts have not been developedadequately. In such event, the parties shall meet at Step 3within fifteen (15) days after the dispute is returned to Step3. Thereafter the procedures and time limits applicable toStep 3 grievances shall apply. Should the parties at the
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National level fail to reach agreement, then within fifteen(15) days of such meeting each party shall provide theother with a statement in writing of its understanding ofthe issues involved, and the facts giving rise to theinterpretive dispute. In the event the parties have failedto reach agreement within sixty (60) days of the initiationof the dispute, the Union then may appeal it to nationalarbitration within thirty (30) days thereafter. Any localgrievances filed on the specific interpretive issue shall beheld in abeyance at the appropriate level pendingresolution of the national interpretive dispute.
[ see Memo, page 332]
Section 3. Mediation
Where the local parties identify the need for eitherassistance in the grievance/arbitration procedure or the needto improve the labor/management relationship, thefollowing mediation process may be invoked:
A. The local installation head and the local Unionpresident (local parties) may jointly initiate a request formediation where they identify such a need in a particularinstallation. Such joint request must be in writing andsubmitted to the parties' designated Area/Regional levelrepresentatives.
B. Such Area/Regional level representatives may alsorecommend mediation for a particular installation. However,when a recommendation for mediation is made by theArea/Regional level representatives, such recommendationmust be discussed with and agreed to by the local partiesbefore the mediation process can be invoked at the local site.
C. The mediation will be conducted jointly by the Unionofficial designated by the President of the Union andmanagement official designated by the Vice President/Labor
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Relations (USPS). The designated officials will have beentrained, and/or certified in the dispute resolution process.Such designated union/management mediationrepresentatives will be utilized to assist the local parties inan effort to resolve timely grievances, as defined in Article15, Sections 1 and 2, as well as any identified local issues orproblems.
D. The designated union/management mediationrepresentatives will meet at the local installation withinthirty (30) days of the joint mediation request, which isdescribed in Section 3.A or B above. At least seven (7) daysprior to the on-site meeting, the local parties will jointlyprovide the mediation representatives with an agenda andall available relevant information. In the event the localparties cannot agree on an agenda for mediation, each partywill submit their respective agendas to the mediationrepresentatives seven (7) days prior to the on-site meeting,as well as all available relevant information.
E. The mediation will be held with the local parties toexplore ways of resolving the previously submitted agendaitems, as well as to seek ways of improving thelabor/management climate within the installation. Themediation process, including all meetings connected withmediation, is considered to be off-the-record. However, allresolutions will be on the record, in writing and jointlysigned by the local parties. Where the local parties agree, aparticular mediation resolution(s) will serve as precedent forthat installation, provided such resolution does not violatethe National Agreement.
If the local parties are unable to reach a resolution onpending grievances of those local issues for which they havejointly requested mediation, then the mediationrepresentatives may jointly resolve any of the abovereferenced issues or grievances.
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F. The Employer's mediation representative willprovide to the appropriate Union official a statement ofposition for each grievance(s) listed on the agenda, which isnot resolved through mediation, within fifteen (15) days ofthe final mediation meeting. Within twenty-one (21) daysof receipt of the statement of position, the Union may appealsuch grievance(s) to District level arbitration.
Section 4. Grievance Procedure - General
A. The parties expect that good faith observance, bytheir respective representatives, of the principles andprocedures set forth above will result in settlement orwithdrawal of substantially all grievances initiatedhereunder at the lowest possible step and recognize theirobligation to achieve that end.
B. The failure of the employee or the Union in Step 1, orthe Union thereafter to meet the prescribed time limits of theSteps of this procedure, including arbitration, shall beconsidered as a waiver of the grievance. However, if theEmployer fails to raise the issue of timeliness at Step 2, orat the step at which the employee or Union failed to meetthe prescribed time limits, whichever is later, such objectionto the processing of the grievance is waived.
C. Failure by the Employer to schedule a meeting orrender a decision in any of the Steps of this procedurewithin the time herein provided (including mutually agreedto extension periods) shall be deemed to move the grievanceto the next Step of the grievance-arbitration procedure.
D. It is agreed that in the event of a dispute between theUnion and the Employer as to the interpretation of thisAgreement, such dispute may be initiated at the Step 4 levelby either party. Such a dispute shall be initiated in writingand must specify in detail the facts giving rise to the dispute,the precise interpretive issues to be decided and the
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contention of either party. Thereafter the parties shall meetin Step 4 within thirty (30) days in an effort to define theprecise issues involved, develop all necessary facts, andreach agreement. Should they fail to agree, then, withinfifteen (15) days of such meeting, each party shall providethe other with a statement in writing of its understanding ofthe issues involved, and the facts giving rise to such issues.In the event the parties have failed to reach agreementwithin sixty (60) days of the initiation of the dispute in Step4, the Union then may appeal it to arbitration, within thirty(30) days thereafter. Any local grievances filed on thespecific interpretive issue shall be held in abeyance at theappropriate level pending resolution of the nationalinterpretive dispute.
Section 5. Arbitration
A. General Provisions
1. A request for arbitration shall be submitted withinthe specified time limit for appeal.
2. No grievance may be arbitrated at the Nationallevel except when timely notice of appeal is giventhe Employer in writing by the National Presidentof the Union. No grievance may be appealed toarbitration at the District panel level except whentimely notice of appeal is given in writing to theappropriate management official at theGrievance/Arbitration Processing Center by thecertified representative of the Union in the Area.Such representative shall be certified to appealgrievances by the National President of the Unionto the Employer at the National level.
3. All grievances appealed to arbitration will beplaced on the appropriate pending arbitration listin the order in which appealed. The Employer, in
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consultation with the Union, will be responsible formaintaining appropriate dockets of grievances, asappealed, and for administrative functionsnecessary to assure efficient scheduling andhearing of cases by arbitrators at all levels.
4. In order to avoid loss of available hearing time,except in National level cases, a minimum of six(6) expedited or three (3) regular cases, whenavailable, are to be scheduled for each hearingdate. In addition, pending cases on the docket inthe order in which appealed should be assignedto the designated advocates no less than sixty(60) days prior to the scheduled date and, ifpossible, the parties will discuss the cases no lessthan thirty (30) days prior to the scheduled date.The parties agree that back-up cases willinclude all cases pending arbitration at thelocation. These back-up cases will be scheduledin the order they appear on the District docketwhen available in the event of late settlement orwithdrawal of grievances before the hearing. In theevent that either party withdraws all cases less thanfive (5) days prior to the scheduled arbitration date,and the parties are unable to agree on schedulingother cases on that date, the party withdrawing thecases shall pay the full costs of the arbitrator forthat date. In the event that the parties settle and/orwithdraw all cases five (5) or more days prior tothe scheduled arbitration date, back-up cases on theappropriate arbitration list shall be scheduled. Ifthe parties settle cases less than five (5) days priorto the scheduled arbitration date and are unable toagree to schedule another case, the parties shallshare the costs of the arbitrator for that date. Thisparagraph shall not apply to National levelarbitration cases.
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5. Arbitration hearings normally will be held duringworking hours where practical. Employees whoseattendance as witnesses is required at hearingsduring their regular working hours shall be onEmployer time when appearing at the hearing,provided the time spent as a witness is part of theemployee's regular working hours. Absent a morepermissive local past practice and at no cost to theEmployer, the Employer will permit one (1)change of work schedule per case scheduled forarbitration for either the grievant or a witness,provided notice is given to his or her immediatesupervisor at least two (2) days prior to thescheduled arbitration hearing.
6. All decisions of an arbitrator will be final andbinding. All decisions of arbitrators shall belimited to the terms and provisions of thisAgreement, and in no event may the terms andprovisions of this Agreement be altered, amended,or modified by an arbitrator. Unless otherwiseprovided in this Article, all costs, fees, andexpenses charged by an arbitrator will be sharedequally by the parties.
7. All arbitrators on the Regular District Panels andthe Expedited Panels and on the National Panelshall serve for the term of this Agreement and shallcontinue to serve for six (6) months thereafter,unless the parties otherwise mutually agree.
8. Arbitrators on the National Panel and on the
Regular and Expedited District Panels shall beselected by the method agreed upon by the partiesat the National Level.
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9. In any arbitration proceeding in which a Union feelsthat its interests may be affected, it shall be entitledto intervene and participate in such arbitrationproceeding, but it shall be required to share the costof such arbitration equally with any or all otherUnion parties to such proceeding. Any dispute as toarbitrability may be submitted to the arbitrator and bedetermined by such arbitrator. The arbitrator'sdetermination shall be final and binding.
B. District Level Arbitration - Regular
1. At the appropriate Grievance/ArbitrationProcessing Center four (4) separate lists of cases tobe heard in arbitration shall be maintained for theUnion: (a) one for all removal cases and casesinvolving suspensions for more than 14 days or 14days or less referred from ExpeditedArbitration, (b) one for all cases referred toExpedited Arbitration, (c) one for Contractdisputes, and (d) one for Impasses from LocalNegotiations appealed to arbitration at theappropriate Grievance/Arbitration ProcessingCenter. In each District separate panels will beestablished for scheduling and hearing casesinvolving (a) removals and suspensions for morethan 14 days, and suspensions of 14 days or lessreferred from Expedited Arbitration; (b)Contract disputes, (c) cases referred to ExpeditedArbitration, and (d) Impasses from LocalNegotiations.
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a. Arbitration hearings are to be scheduledand heard within 120 days following receiptof the arbitration appeal, unless the partiesagree upon a later date.
[see Memo, page 332]
2. Cases will be scheduled for arbitration in the orderin which appealed, unless the Union and Employerotherwise agree.
3. Only discipline cases involving suspensions of 14days or less and those other disputes as may bemutually determined by the parties shall bereferred to Expedited Arbitration in accordancewith Section C hereof.
[see Memo, page 325]
4. Cases referred to arbitration, which involveremovals or suspensions for more than 14 days,shall be scheduled for hearing at theGrievance/Arbitration Processing Center at theearliest possible date in the order in whichappealed by the Union.
5. If either party believes that a case referred toRegular Arbitration involves an interpretativeissue under the National Agreement or somesupplement thereto which may be of generalapplication, that party's representative shallrequest input from their appropriate NationalRepresentative at the Headquarters level. Ifeither party's representative at theHeadquarters level determines the case isinterpretive, a notice will be sent to the otherparty. The case will be held pending theoutcome of the National interpretive dispute. If
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both parties' representatives determine the casedoes not involve an interpretive issue, the case ifalready scheduled for arbitration will be heardbefore the same arbitrator who was originallyscheduled to hear the case. Further, if thehearing had convened, the case will continue atthe same stage of arbitration.
[see Memo, page 331]
6. The arbitrators on each Regular District Panelshall be scheduled to hear cases on a rotatingsystem basis, unless otherwise agreed by theparties. The hearing time available for arbitrationwill be distributed among offices and crafts.
7. Normally, there will be no transcripts of arbitrationhearings or filing of post-hearing briefs in casesheard in Regular District level arbitration, excepteither party at the National level may request atranscript. Either party at the hearing may requestto file a post-hearing brief in contractarbitrations. In Regular District leveldiscipline/discharge arbitrations, post-hearingbriefs will be permitted only by mutual agreementof the parties or by direction of the arbitrator.However, each party may file a written statementsetting forth its understanding of the facts andissues and its argument at the beginning of thehearing and also shall be given an adequateopportunity to present argument at the conclusionof the hearing.
8. The arbitrator in any given case should render anaward therein within thirty (30) days of the close ofthe record in the case.
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C. District Level Arbitration - Expedited
1. The parties agree to continue the utilization of anexpedited arbitration system for disciplinary casesof 14 days suspension or less which do not involveinterpretation of the Agreement and for such othercases as the parties may mutually determine.
[see Memo, page 325]
2. If either party concludes that the issues involvedare of such complexity or significance as towarrant reference to the Regular DistrictArbitration Panel, that party shall notify the otherparty of such reference at least twenty-four (24)hours prior to the scheduled time for the expeditedarbitration.
3. The hearing shall be conducted in accordance withthe following:
a. the hearing shall be informal;
b. no briefs shall be filed or transcripts made;
c. there shall be no formal rules of evidence;
d. the hearing shall normally be completed withinone day;
e. if the arbitrator or the parties mutually concludeat the hearing that the issues involved are ofsuch complexity or significance as to warrantreference to the Regular District ArbitrationPanel, the case shall be referred to that panel;and
f. the arbitrator may issue a bench decision at thehearing but in any event shall render a decision
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within forty-eight (48) hours after conclusion ofthe hearing. Such decision shall be based on therecord before the arbitrator and may include abrief written explanation of the basis for suchconclusion. These decisions will not be cited asa precedent. The arbitrator's decision shall befinal and binding. An arbitrator who issues abench decision shall furnish a written copy ofthe award to the parties within forty-eight (48)hours of the close of the hearing.
4. No decision by a member of the Expedited Panel insuch a case shall be regarded as a precedent or becited in any future proceeding, but otherwise willbe a final and binding decision.
5. The Expedited Arbitration Panel shall bedeveloped by the National parties, on a Districtlevel.
D. National Level Arbitration
1. Only cases involving interpretive issues under thisAgreement or supplements thereto of generalapplication will be arbitrated at the National level.
2. A docket of cases appealed to arbitration at theNational level shall be maintained for the Union.The arbitrators on the National Panel shall bescheduled to hear cases on a rotating system basis,unless otherwise agreed by the parties. Cases onthe docket will be scheduled for arbitration in theorder in which appealed, unless the Union andEmployer otherwise agree.
Section 6. Administration
The parties recognize their continuing joint responsibilityfor efficient functioning of the grievance procedure and
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effective use of arbitration. Commencing April 1, 1979, andquarterly thereafter, the Employer will furnish to thePresident of the Union a copy of a quarterly reportcontaining the following information covering operation ofthe arbitration procedure at the National level, and for eachGrievance/Arbitration Processing Center separately:
(a) number of cases appealed to arbitration;
(b) number of cases scheduled for hearing;
(c) number of cases heard;
(d) number of scheduled hearing dates, if any, whichwere not used;
(e) the total number of cases pending but not scheduledat the end of the quarter.
(The preceding Article, Article 15, shall apply toTransitional Employees)
[see Memo, page 332]
ARTICLE 16DISCIPLINE PROCEDURE
Section 1. Principles
In the administration of this Article, a basic principle shallbe that discipline should be corrective in nature, rather thanpunitive. No employee may be disciplined or dischargedexcept for just cause such as, but not limited to,insubordination, pilferage, intoxication (drugs or alcohol),incompetence, failure to perform work as requested,violation of the terms of this Agreement, or failure toobserve safety rules and regulations. Any such discipline or
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discharge shall be subject to the grievance-arbitrationprocedure provided for in this Agreement, which couldresult in reinstatement and restitution, including back pay.
Section 2. Discussion
For minor offenses by an employee, management has aresponsibility to discuss such matters with the employee.Discussions of this type shall be held in private between theemployee and the supervisor. Such discussions are notconsidered discipline and are not grievable. Following suchdiscussions, there is no prohibition against the supervisorand/or the employee making a personal notation of the dateand subject matter for their own personal record(s).However, no notation or other information pertaining tosuch discussion shall be included in the employee'spersonnel folder. While such discussions may not be cited asan element of prior adverse record in any subsequentdisciplinary action against an employee, they may be, whererelevant and timely, relied upon to establish that employeeshave been made aware of their obligations andresponsibilities.
Section 3. Letter of Warning
A letter of warning is a disciplinary notice in writing,identified as an official disciplinary letter of warning, whichshall include an explanation of a deficiency or misconductto be corrected.
[see Memo, page 334] Section 4. Suspensions of 14 Days or Less
In the case of discipline involving suspensions of fourteen(14) days or less, the employee against whom disciplinaryaction is sought to be initiated shall be served with a writtennotice of the charges against the employee and shall be
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further informed that he/she will be suspended after ten (10)calendar days during which ten-day period the employeeshall remain on the job or on the clock (in pay status) at theoption of the Employer. However, if a timely grievance isinitiated, the effective date of the suspension will bedelayed until disposition of the grievance, either bysettlement or an arbitrator's final and binding decision.The employee shall remain on the job or on the clock (inpay status) at the option of the Employer.
Section 5. Suspensions of More Than 14 Days orDischarge
In the case of suspensions of more than fourteen (14) days,or of discharge, any employee shall, unless otherwiseprovided herein, be entitled to an advance written notice ofthe charges against him/her and shall remain either on thejob or on the clock at the option of the Employer for a periodof thirty (30) days. Thereafter, the employee shall remain onthe rolls (non-pay status) until disposition of the case hasbeen had either by settlement with the Union or throughexhaustion of the grievance-arbitration procedure. Apreference eligible who chooses to appeal a suspension ofmore than fourteen (14) days or his/her discharge to theMerit Systems Protection Board (MSPB) rather thanthrough the grievance-arbitration procedure shall remain onthe rolls (non-pay status) until disposition of the case hasbeen had either by settlement or through exhaustion ofhis/her MSPB appeal. When there is reasonable cause tobelieve an employee is guilty of a crime for which a sentenceof imprisonment can be imposed, the Employer is notrequired to give the employee the full thirty (30) daysadvance written notice in a discharge action, but shall givesuch lesser number of days advance written notice as underthe circumstances is reasonable and can be justified. Theemployee is immediately removed from a pay status at theend of the notice period.
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Section 6. Indefinite Suspension Crime Situation
A. The Employer may indefinitely suspend an employeein those cases where the Employer has reasonable cause tobelieve an employee is guilty of a crime for which a sentenceof imprisonment can be imposed. In such cases, theEmployer is not required to give the employee the full thirty(30) days advance notice of indefinite suspension, but shallgive such lesser number of days of advance written notice asunder the circumstances is reasonable and can be justified.The employee is immediately removed from a pay status atthe end of the notice period.
B. The just cause of an indefinite suspension isgrievable. The arbitrator shall have the authority to reinstateand make the employee whole for the entire period of theindefinite suspension.
C. If after further investigation or after resolution of thecriminal charges against the employee, the Employerdetermines to return the employee to a pay status, theemployee shall be entitled to back pay for the period that theindefinite suspension exceeded seventy (70) days, if theemployee was otherwise available for duty, and withoutprejudice to any grievance filed under B. above.
D. The Employer may take action to discharge anemployee during the period of an indefinite suspensionwhether or not the criminal charges have been resolved, andwhether or not such charges have been resolved in favor ofthe employee. Such action must be for just cause, and issubject to the requirements of Section 5 of this Article.
Section 7. Emergency Procedure
An employee may be immediately placed on an off-dutystatus (without pay) by the Employer, but remain on therolls where the allegation involves intoxication (use of drugs
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or alcohol), pilferage, or failure to observe safety rules andregulations, or in cases where retaining the employee onduty may result in damage to U.S. Postal Service property,loss of mail or funds, or where the employee may beinjurious to self or others. The employee shall remain on therolls (non-pay status) until disposition of the case has beenhad. If it is proposed to suspend such an employee for morethan thirty (30) days or discharge the employee, theemergency action taken under this Section may be made thesubject of a separate grievance.
Section 8. Review of Discipline
In no case may a supervisor impose suspension or dischargeupon an employee unless the proposed disciplinary action bythe supervisor has first been reviewed and concurred in bythe installation head or designee.
In associate post offices of twenty (20) or less employees, orwhere there is no higher level supervisor than the supervisorwho proposes to initiate suspension or discharge, theproposed disciplinary action shall first be reviewed andconcurred in by a higher authority outside such installationor post office before any proposed disciplinary action istaken.
Section 9. Veterans' Preference
A. A preference eligible is not hereunder deprived ofwhatever rights of appeal such employee may have underthe Veterans' Preference Act; however, if the employeeappeals under the Veterans' Preference Act, the employeewill be deemed to have waived further access to thegrievance-arbitration procedure beyond step 3 under any ofthe following circumstances:
1. If an MSPB settlement agreement is reached.
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2. If the MSPB has not yet issued a decision on themerits, but a hearing on the merits before theMSPB has begun.
3. If the MSPB issues a decision on the merits of theappeal.
B. In the event the grievance of a preference eligible isdue to be scheduled in accordance with Article 15, section5, and the preference eligible has a live MSPB appeal on thesame action, the parties will not schedule the grievance forarbitration until a final determination is reached in theMSPB procedure. If the grievance is not waived underSection 9.A 1, 2 or 3 above, the case will be scheduledpromptly for arbitration. Should the grievance ultimately besustained or modified in arbitration, the preference eligibleemployee will have no entitlement to back pay under theNational Agreement for the period from the date the casewould have been scheduled for arbitration and the date it isactually scheduled for arbitration.
Section 10. Employee Discipline Records
The records of a disciplinary action against an employeeshall not be considered in any subsequent disciplinary actionif there has been no disciplinary action initiated against theemployee for a period of two years.
Upon the employee's written request, any disciplinary noticeor decision letter will be removed from the employee'sofficial personnel folder after two years if there has been nodisciplinary action initiated against the employee in thattwo-year period.
(Additional provisions regarding the discipline or removalof Transitional Employees can be found in Appendix A)
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ARTICLE 17REPRESENTATION
Section 1. Stewards
Stewards may be designated for the purpose of investigating,presenting and adjusting grievances.
Section 2. Appointment of Stewards
A. The Union will certify to the Employer in writing asteward or stewards and alternates in accordance with thefollowing general guidelines. Where more than one stewardis appointed, one shall be designated chief steward. Theselection and appointment of stewards or chief stewards isthe sole and exclusive function of the Union. Stewards willbe certified to represent employees in specific worklocation(s) on their tour; provided no more than one stewardmay be certified to represent employees in a particular worklocation(s). The number of stewards certified shall notexceed, but may be less than, the number provided by theformula hereinafter set forth.
Employees in the same craft per tour or station
Up to 49 1 steward50 to 99 2 stewards100 to 199 3 stewards200 to 499 5 stewards500 or more 5 stewards
plus additional steward for each
100 employees
B. At an installation, the Union may designate inwriting to the Employer one Union officer actively employedat that installation to act as a steward to investigate, presentand adjust a specific grievance or to investigate a specific
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problem to determine whether to file a grievance. Theactivities of such Union officer shall be in lieu of a stewarddesignated under the formula in Section 2.A and shall be inaccordance with Section 3. Payment, when applicable, shallbe in accordance with Section 4.
C. To provide steward service to installations withtwenty or less craft employees where the Union has notcertified a steward, a Union representative certified to theEmployer in writing and compensated by the Union mayperform the duties of a steward.
D. At the option of the Union, representatives not on theEmployer's payroll shall be entitled to perform the functionsof a steward or chief steward, provided such representativesare certified in writing to the Employer at the Area level andproviding such representatives act in lieu of stewardsdesignated under the provisions of 2.A or 2.B above.
E. A steward may be designated to represent more thanone craft, or to act as a steward in a craft other than his/herown, whenever the Union so agrees, and notifies theEmployer in writing. Any steward designations across craftlines must be in accordance with the formula set forth inSection 2.A above.
(The preceding Section, Article 17.2, shall apply toTransitional Employees.)
Section 3. Rights of Stewards
When it is necessary for a steward to leave his/her work areato investigate and adjust grievances or to investigate aspecific problem to determine whether to file a grievance,the steward shall request permission from the immediatesupervisor and such request shall not be unreasonablydenied.
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In the event the duties require the steward leave the workarea and enter another area within the installation or postoffice, the steward must also receive permission from thesupervisor from the other area he/she wishes to enter andsuch request shall not be unreasonably denied.
The steward, chief steward or other Union representativeproperly certified in accordance with Section 2 above mayrequest and shall obtain access through the appropriatesupervisor to review the documents, files and other recordsnecessary for processing a grievance or determining if agrievance exists and shall have the right to interview theaggrieved employee(s), supervisors and witnesses duringworking hours. Such requests shall not be unreasonablydenied.
While serving as a steward or chief steward, an employeemay not be involuntarily transferred to another tour, toanother station or branch of the particular post office or toanother independent post office or installation unless thereis no job for which the employee is qualified on such tour,or in such station or branch, or post office.
If an employee requests a steward or Union representativeto be present during the course of an interrogation by theInspection Service, such request will be granted. Allpolygraph tests will continue to be on a voluntary basis.
(The preceding Section, Article 17.3, shall apply toTransitional Employees)
[see Memo, page 327] Section 4. Payment of Stewards
The Employer will authorize payment only under thefollowing conditions:
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Grievances:
Steps 1 and 2 — The aggrieved and one Union steward-- (only as permitted under the formulain Section 2.A) for time actually spentin grievance handling, includinginvestigation and meetings with theEmployer. The Employer will alsocompensate a steward for the timereasonably necessary to write agrievance. In addition, the Employerwill compensate any witnesses for thetime required to attend a Step 2meeting.
Meetings called by the Employer for information ex-change and other conditions designated by the Employerconcerning contract application.
Employer authorized payment as outlined above will begranted at the applicable straight time rate, providing thetime spent is a part of the employee's or steward's (only asprovided for under the formula in Section 2.A) regular workday.
(The preceding Section, Article 17.4 shall apply toTransitional Employees)
A. The APWU through its designated agents shall beentitled at the national, APWU regional/USPS Area, andlocal levels, and at such other intermediate levels as may beappropriate, to participate in regularly scheduled Joint LaborManagement Committee meetings for the purpose ofdiscussing, exploring, and considering with managementmatters of mutual concern; provided neither party shall
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attempt to change, add to or vary the terms of this CollectiveBargaining Agreement. The local Joint Labor-Management Committee will meet as needed, but not lessthan once every quarter unless otherwise provided in theparties' local memorandum of understanding.
B. The national level Joint Labor-ManagementCommittee will be co-chaired by the President of the APWUand the Postal Service Vice-President of Labor Relationsand be comprised of an equal number of representatives foreach party as agreed by the parties. This Committee willmeet as needed, but no less than once every two months tofulfill the purposes and goals described below.
The purposes and goals of the national level JointLabor-Management Committee will be to:
1. Promote more effective, open and continuousinvolvement between the parties to further enhancea positive working relationship and advancelabor-management cooperation between theparties;
2. Jointly pursue strategies which emphasizeimproving employee working conditions andsatisfying the customer in terms of service andcosts;
3. Work together to seek ways of improving customerservice, increasing revenue, and reducing postalcosts; and,
4. Provide an opportunity to jointly discuss newPostal Service initiatives during their development,inasmuch as those initiatives might impact onemployees or as they might relate to employeeworking conditions. These discussions mayinclude, but are not limited to, the creation of newposition descriptions; modifications to facilities;
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technological and mechanization changes;automation implementation; and the developmentof new facilities and designs.
C. As needed, the national level JointLabor-Management Committee, through mutual agreement,will create subcommittees to deal with specific issues. Allother national level committees established pursuant to theterms of this Agreement, including Safety & Health,Ergonomics and Training, shall function as subcommitteesof the national level Joint Labor-Management Committee.All subcommittees already established or created by thenational level Joint Labor-Management Committee willreport to such Committee, as necessary, on their specificissues of concern and provide updated information.
D. In order to further recognize and effectUnion/Management cooperation, there will be four nationallevel craft subcommittees created, one for each APWU craft,for the purpose of jointly addressing specific issues ofcontract administration for each such craft. Thesesubcommittees will be co-chaired by the APWU CraftDirectors of each craft and the Postal Service Manager ofContract Administration or his/her designee. At the Union'srequest, the appropriate operational manager will attendmeetings to address the Union's concerns or respond toquestions on specific operational issues. Neither party shallattempt to change, add or vary the terms of this collectivebargaining agreement through these subcommittees.
E. Meetings at the national and APWU/regional USPSArea (except as to the Christmas operation) levels will notbe compensated by the Employer. The Employer willcompensate one designated representative from the Unionconcerned with the subject matter of the meeting for actualtime spent in the meeting at the applicable straight timerate, providing the time spent in such meetings is a part ofthe employee's regular scheduled work day.
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Section 6. Union Participation in New EmployeeOrientation
During the course of any employment orientation programfor new employees, a representative of the Unionrepresenting the craft or occupational group to which thenew employees are assigned shall be provided ampleopportunity to address such new employees, provided thatthis provision does not preclude the Employer fromaddressing employees concerning the same subject.
Health benefit enrollment information and forms will not beprovided during orientation until such time as arepresentative of the Union has had an opportunity toaddress such new employees.
(The preceding Section, Article 17.6, shall apply toTransitional Employees.)
Section 7. Dues Checkoff
A. In conformity with Section 2 of the Act, 39 U.S.C.1205, without cost to the Union, the Employer shall deductand remit to the Union the regular and periodic Union duesfrom the pay of employees as instructed in writing by theUnion and the employee, which written assignment by theemployee shall be irrevocable for a period of not more thanone (1) year. The parties agree that the Union will have soleresponsibility for and control over dues withholding andrevocation. The Union must provide the Postal Service withwithholding and revocation information in a format andwithin time periods acceptable to the Postal Service. TheEmployer agrees to remit to the Union all deductions towhich it is entitled fourteen (14) days after the end of thepay period for which such deductions are made. Deductionsshall be in such amounts as are designated to the Employerin writing by the Union.
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B. The authorization of such deductions shall be madein accordance with the terms of Standard Form 1187.Revocation of authorization shall be made in accordancewith the terms of Standard Form 1186.
C. Notwithstanding the foregoing, employees' duesdeduction authorizations (Standard Form 1187) which arepresently on file with the Employer on behalf of the Unionparty to this Agreement, shall continue to be honored andgiven full force and effect by the Employer unless and untilrevoked in accordance with their terms.
D. The Union shall defend, indemnify, save and hold thePostal Service harmless from any and all claims,responsibility, damage, suit, demand, grievance or otherliability (including attorney's fees incurred by the PostalService), which may arise out of any actions taken by thePostal Service required by the terms of this Article or inreliance upon instructions provided by the Union inconnection with the Union's operation and control over saiddues withholding and revocation.
E. The Employer agrees that it will continue in effect,but without cost to employees, its existing program ofpayroll deductions at the request and on behalf of employeesfor remittance to financial institutions including creditunions. In addition the Employer agrees without cost to theemployee to make payroll deductions on behalf of suchorganization as the Union shall designate to receive fundsto provide group automobile insurance for employees and/orhomeowners/tenant liability insurance for employees,provided only one insurance carrier is selected to providesuch coverage.
(The preceding Section, Article 17.7, shall apply toTransitional Employees.)
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Section 8. Policy on Telephones
The parties recognize that telephones are for official USPSbusiness. However, the Employer at the local level shallestablish a policy for the use of telephones by designatedUnion representatives for legitimate business related to theadministration of the National Agreement, subject to soundbusiness judgment and practices.
Section 9. Inspection of Lockers
Except as provided in Article 39.3.C, the Employer agreesthat, a steward or the employee shall be given theopportunity to be present at any inspection of employees'lockers, except in matters where there is reasonable cause tosuspect criminal activity. For a general inspection whereemployees have had prior notification of at least a week, theabove is not applicable.
ARTICLE 18NO STRIKE
Section 1. Statement of Principle
The Union in behalf of its members agree that it will notcall or sanction a strike or slowdown.
Section 2. Union Actions
The Union or its local Unions (whether called locals or byother names) will take reasonable action to avoid suchactivity and where such activity occurs, immediately informstriking employees they are in violation of this Agreementand order said employees back to work.
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Section 3. Union Liability
It is agreed that the Union or its local Unions (whethercalled locals or by other names) which comply with therequirements of this Article shall not be liable for theunauthorized action of their members or other postalemployees.
Section 4. Legal Impact
The parties agree that the provisions of this Article shall notbe used in any way to defeat any current or future legalaction involving the constitutionality of existing or futurelegislation prohibiting Federal employees from engaging instrike actions. The parties further agree that the obligationsundertaken in this Article are in no way contingent upon thefinal determination of such constitutional issues.
(The preceding Article, Article 18, shall apply toTransitional Employees)
ARTICLE 19HANDBOOKS AND MANUALS
Those parts of all handbooks, manuals and publishedregulations of the Postal Service, that directly relate towages, hours or working conditions, as they apply toemployees covered by this Agreement, shall contain nothingthat conflicts with this Agreement, and shall be continuedin effect except that the Employer shall have the right tomake changes that are not inconsistent with this Agreementand that are fair, reasonable, and equitable. This includes,but is not limited to, the Postal Service Manual and theF-21, Timekeeper's Instructions. Notice of such proposed changes that directly relate towages, hours, or working conditions will be furnished to the
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Union at the national level at least sixty (60) days prior toissuance. Proposed changes will be furnished to theUnion by hard copy or, if available, by electronic file. Atthe request of the Union, the parties shall meet concerningsuch changes. If the Union, after the meeting, believes theproposed changes violate the National Agreement(including this Article), it may then submit the issue toarbitration in accordance with the arbitration procedurewithin sixty (60) days after receipt of the notice of proposedchange. Within fifteen (15) days after the issue has beensubmitted to arbitration, each party shall provide theother with a statement in writing of its understanding ofthe precise issues involved, and the facts giving rise tosuch issues. Copies of those parts of all new handbooks,manuals and regulations that directly relate to wages, hoursor working conditions, as they apply to employees coveredby this Agreement, shall be furnished to the Union uponissuance.
Article 19 shall apply in that those parts of all handbooks,manuals and published regulations of the Postal Service,which directly relate to wages, hours or working conditionsshall apply to transitional employees only to the extentconsistent with other rights and characteristics oftransitional employees negotiated in this Agreement andotherwise as they apply to the supplemental work force. TheEmployer shall have the right to make changes tohandbooks, manuals and published regulations as they relateto transitional employees pursuant to the same standardsand procedures found in Article 19 of this Agreement.
ARTICLE 20PARKING
Section 1. National Study Committee
The existing parking program will remain in effect. Thereshall be established at the national level, as a subcommittee
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of the national Joint Labor-Management Committee, aNational Study Committee on Parking in order to improvethe parking program at existing facilities and to recommendsuch programs for new facilities.
Section 2. Security
Recognizing the need for adequate security for employees inparking areas, and while en route to and from parking areas,the Employer will take reasonable steps, based on thespecific needs of the individual location, to safeguardemployee security, including, but not limited to, establishingliaison with local police authorities, requesting theassignment of additional uniformed police in the area,improving lighting and fencing, and, where available,utilizing mobile security force patrols.
Section 3. Labor-Management Committee
Parking is a proper subject for discussion at localLabor-Management Committee meetings. The location ofnew, additional, or improved parking facilities; the numberof parking spaces; security and lighting in the parking areasas well as similar subjects are proper agenda items for suchmeetings. The local Labor-Management Committee maymake recommendations to the installation head concerningsuch subjects.
(The preceding Article, Article 20, shall apply toTransitional Employees)
ARTICLE 21BENEFIT PLANS
Section 1. Health Benefits
The method for determining the Employer bi-weeklycontributions to the cost of employee health insurance
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programs under the Federal Employees Health BenefitsProgram (FEHBP) will be as follows:
A. The Office of Personnel Management shall calculatethe subscription charges under the FEHBP that will bein effect the following January with respect to self onlyenrollments and self and family enrollments.
B. The bi-weekly Employer contribution for self onlyand self and family plans is adjusted to an amount equalto 85% of the weighted average bi-weekly premiumsunder the FEHBP as determined by the Office ofPersonnel Management. The adjustment begins on theeffective date determined by the Office of PersonnelManagement in January 2000 and January 2001.
C. The weight to be given to a particular subscriptioncharge for each FEHB plan and option will be based onthe number of enrollees in each such plan and option forwhom contributions have been received from employerscovered by the FEHBP as determined by the Office ofPersonnel Management.
D. The amount necessary to pay the total charge forenrollment after the Employer's contribution is deductedshall be withheld from the pay of each enrolled employee.To the extent permitted by law, the Employer shall permitemployees covered by this Agreement to make theirpremium contributions to the cost of each plan on a pre-taxbasis, and shall extend eligibility to such employees for theU.S. Postal Service’s flexible spending account plans forunreimbursed health care expenses and work-relateddependent child care and elder care expenses as authorizedunder Section 125 of the Internal Revenue Code.
E. The limitation upon the Employer’s contributiontowards any individual employee shall be 88.75% of thesubscription charge under the FEHBP in 2000 and 2001.
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(Additional provisions regarding TE participation in FederalEmployee Health Benefits program can be found inAppendix A).
Section 2. Life Insurance
The Employer shall maintain the current life insuranceprogram in effect during the term of this Agreement.
Section 3. Retirement
The provisions of Chapters 83 and 84 of Title 5 U.S. Code,and any amendments thereto, shall continue to apply toemployees covered by this Agreement.
Section 4. Injury Compensation
Employees covered by this Agreement shall be covered bysubchapter I of Chapter 81 of Title 5, and any amendmentsthereto, relating to compensation for work injuries. TheEmployer will promulgate appropriate regulations whichcomply with applicable regulations of the Office of Workers'Compensation Programs and any amendments thereto.
Section 5. Health Benefit Brochures
When a new employee who is eligible for enrollment in theFederal Employee's Health Benefit Program enters thePostal Service, the employee shall be furnished a copy of theHealth Benefit Plan brochure of the Union signatory to thisAgreement which represents the craft in which the employeeis to be employed.
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ARTICLE 22BULLETIN BOARDS
The Employer shall furnish separate bulletin boards for theexclusive use of the Union party to this Agreement, subjectto the conditions stated herein, if space is available. Ifsufficient space is not available, at least one will be providedfor the Union signatory to this Agreement. The Union mayplace their literature racks in swing rooms, if space isavailable. Only suitable notices and literature may be postedor placed in literature racks. There shall be no posting orplacement of literature in literature racks except upon theauthority of officially designated representatives of theUnion.
(The preceding Article, Article 22, shall apply toTransitional Employees)
ARTICLE 23RIGHTS OF UNION OFFICIALS TO ENTER
POSTAL INSTALLATIONS
Upon reasonable notice to the Employer, duly authorizedrepresentatives of the Union shall be permitted to enterpostal installations for the purpose of performing andengaging in official union duties and business related to theCollective Bargaining Agreement. There shall be nointerruption of the work of employees due to such visits andrepresentatives shall adhere to the established securityregulations.
(The preceding Article, Article 23, shall apply toTransitional Employees)
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ARTICLE 24EMPLOYEES ON LEAVE WITH REGARD TO
UNION BUSINESS
Section 1. Continuation of Benefits
Any employee on leave without pay to devote full orpart-time service to the Union signatory to this Agreementshall be credited with step increases as if in a pay status.Retirement benefits will accrue on the basis of theemployee's step so attained, provided the employee makescontributions to the retirement fund in accordance withcurrent procedure. Annual and sick leave will be earned inaccordance with existing procedures based on hours worked.
Section 2. Leave for Union Conventions
A. Full or part-time employees will be granted annualleave or leave without pay at the election of the employee toattend National, State and Regional Union Conventions(Assemblies) provided that a request for leave has beensubmitted by the employee to the installation head as soonas practicable and provided that approval of such leave doesnot seriously adversely affect the service needs of theinstallation.
B. If the requested leave falls within the choice vacationperiod and if the request is submitted prior to thedetermination of the choice vacation period schedule, it willbe granted prior to making commitments for vacationsduring the choice period, and will be considered part of thetotal choice vacation plan for the installation, unless agreedto the contrary at the local level. Where the specificdelegates to the Convention (Assembly) have not yet beendetermined, upon the request of the Union, the Employerwill make provision for leave for these delegates prior tomaking commitments for vacations.
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C. If the requested leave falls within the choice vacationperiod and the request is submitted after the determinationof the choice vacation period schedule, the Employer willmake every reasonable effort to grant such request,consistent with service needs.
(The preceding Article, Article 24, shall apply toTransitional Employees)
ARTICLE 25HIGHER LEVEL ASSIGNMENTS
Section l. Definitions
Higher level work is defined as an assignment to a rankedhigher level position, whether or not such position has beenauthorized at the installation.
Section 2. Higher Level Pay
An employee who is detailed to higher level work shall bepaid at the higher level for time actually spent on such job.An employee's higher level rate shall be determined as ifpromoted to the position. An employee temporarily assignedor detailed to a lower level position shall be paid at theemployee's own rate.
(Additional provisions regarding Higher Level Pay forTransitional Employees can be found in Appendix A).
Section 3. Written Orders
Any employee detailed to higher level work shall be givena written management order, stating beginning andapproximate termination, and directing the employee toperform the duties of the higher level position. Such writtenorder shall be accepted as authorization for the higher level
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pay. The failure of management to give a written order isnot grounds for denial of higher level pay if the employeewas otherwise directed to perform the duties.
Section 4. Higher Level Details
Detailing of employees to higher level bargaining unit workin each craft shall be from those eligible, qualified andavailable employees in each craft in the immediate workarea in which the temporarily vacant higher level positionexists. However, for details of an anticipated duration of oneweek (five working days within seven calendar days) orlonger to those higher level craft positions enumerated inthe craft Articles of this Agreement as being permanentlyfilled on the basis of promotion of the senior qualifiedemployee, the senior, qualified, eligible, available employeein the immediate work area in which the temporarily vacanthigher level position exists shall be selected.
Section 5. Leave Pay
Leave pay for employees detailed to a higher level positionwill be administered in accordance with the following:
Employees working short term on a higher level assignmentor detail will be entitled to approved sick and annual paidleave at the higher level rate for a period not to exceed threedays.
Short term shall mean an employee has been on anassignment or detail to a higher level for a period of 29consecutive work days or less at the time leave is taken andsuch assignment or detail to the higher level position isresumed upon return to work. All short term assignments ordetails will be automatically canceled if replacements arerequired for absent detailed employees.
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Long term shall mean an employee has been on anassignment or detail to the higher level position for a periodof 30 consecutive workdays or longer at the time leave istaken and such assignment or detail to the higher levelposition is resumed upon return to work.
Terminal leave payments resulting from death will be paidat the higher level for all employees who are assigned ordetailed to higher level assignments on their last workday.
ARTICLE 26UNIFORMS AND WORK CLOTHES
Section 1. Uniform Control Committee
The parties agree that a USPS/APWU NationalLabor-Management Uniform Control Committee shall beestablished.
The Committee shall be composed of one spokesperson forthe Union, and may include each craft represented by theAPWU entitled to uniforms or work clothing; onespokesperson for the Employer and an equal number ofrepresentatives of the Employer. The Chairmanship of theCommittee shall alternate each meeting between the Unionspokesperson and the Postal Service spokesperson.
The Committee shall meet at least once each three monthsand at such other times as may be necessary or as requestedby either of the parties.
The Committee shall have jurisdiction to consider thematters set out below and all non-cost matters pertaining tothe Uniform Allowance Program, including but not limitedto, the uniform items or work clothes items for whichallowances are applicable; the design, color, quality andfabrics of authorized items.
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The current administration of the Uniform and WorkClothes Program shall be continued unless otherwisechanged by this Agreement or by the Employer based onrecommendations of the Committee.
[see Memo, page 336]
"Wear-out" periods for uniform items being changed orreplaced shall be determined by the Committee andappropriate recommendations made after giving fullconsideration to the type of changes being made, theeconomic effect upon the employees involved forreplacement, and the overall appearance of the uniform.
The Committee shall establish its own rules of procedure.Recommendations of the Committee shall be addressed tothe Postmaster General or his designee.
Section 2. Annual Allowance - Regular UniformProgram The annual allowance for eligible employees in the regularuniform program shall be as follows:
A. Annual allowance for all eligible employees shall beincreased from present $277.00 per annum to $291.00 perannum; and from present $119.00 per annum to $125.00 perannum. The increase shall become effective on theemployee's anniversary date.
B. A newly eligible employee entering the regularuniform program will receive an additional credit to theemployee's allowance, as follows:
— $67.00 if entitled to $291.00 per annum — $15.00 if entitled to $125.00 per annum
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An eligible employee cannot receive this additional creditmore than once; however, the current procedures regardingemployees transferring from one allowance category toanother shall be continued.
Section 3. Annual Allowance - Work Clothing Program
The annual allowance for eligible employees in the WorkClothes Program and Contract Uniform Program shall beas follows:
Clerical, Motor Vehicle Maintenance (eligible) $ 57.00 (work clothes)
Subject to a $10 minimum, an employee may file a claimwithin fourteen (14) days of the date of loss or damage andbe reimbursed for loss or damage to his/her personalproperty except for motor vehicles and the contents thereoftaking into consideration depreciation where the loss ordamage was suffered in connection with or incident to theemployee's employment while on duty or while on postalpremises. The possession of the property must have beenreasonable, or proper under the circumstances and thedamage or loss must not have been caused in whole or inpart by the negligent or wrongful act of the employee. Lossor damage will not be compensated when it resulted fromnormal wear and tear associated with day-to-day living andworking conditions.
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Claims should be documented, if possible, and submittedwith recommendations by the Union steward to theEmployer at the local level. The Employer will submit theclaim, with the Employer's and the steward'srecommendation, within 15 days, to the Area office fordetermination. The claim will be adjudicated within thirty(30) days after receipt at the Area office. An adversedetermination on the claim may be appealed pursuant to theprocedures for appealing an adverse decision in Step 3 ofthe grievance-arbitration procedure.
A decision letter denying a claim in whole or in part willinclude notification of the Union's right to appeal thedecision to arbitration under Article 15.
The Area office will provide to the Union's RegionalRepresentative a copy of the denial letter referenced above,the claim form, and all documentation submitted inconnection with the claim.
The installation head or designee will provide a copy of thedenial letter to the steward whose recommendation is part ofthe claim form.
The above procedure does not apply to privately ownedmotor vehicles and the contents thereof. For such claims,employees may utilize the procedures of the Federal TortClaims Act in accordance with Part 250 of theAdministrative Support Manual.
The procedure specified therein shall be the exclusiveprocedure for such claims, which shall not be subject to thegrievance-arbitration procedure.
A tort claim may be filed on SF 95 which will be madeavailable by the installation head, or designee.
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(The preceding Article, Article 27, shall apply toTransitional Employees)
ARTICLE 28EMPLOYER CLAIMS
The parties agree that continued public confidence in thePostal Service requires the proper care and handling of theUSPS property, postal funds and the mails. In advance ofany money demand upon an employee for any reason, theemployee must be informed in writing and the demand mustinclude the reasons therefor.
Section 1. Shortages in Fixed Credits
Employees who are assigned fixed credits or vending creditsshall be strictly accountable for the amount of the credit. Ifany shortage occurs, the employee shall be financially liableunless the employee exercises reasonable care in theperformance of his duties. In this regard, the Employeragrees to:
A. Continue to provide adequate security for allemployees responsible for postal funds;
B. Prohibit an employee from using the fixed credit orother financial accountability of any other employee withoutpermission;
C. Grant the opportunity to an employee to be presentwhenever that employee's fixed credit is being audited andif the employee is not available to have a witness of theemployee's choice present;
D. Absolve an employee of any liability for loss fromcashing checks if the employee follows establishedprocedures; and
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E. Audit each employee's fixed credit no less frequentlythan once every four months.
[see Memo, page 338]
Section 2. Loss or Damage of the Mails
An employee is responsible for the protection of the mailsentrusted to the employee. Such employee shall not befinancially liable for any loss, rifling, damage, wrongdelivery of, or depredation on, the mails or failure to collector remit C.O.D. funds unless the employee failed to exercisereasonable care.
Section 3. Damage to USPS Property and Vehicles
An employee shall be financially liable for any loss ordamage to property of the Employer including leasedproperty and vehicles only when the loss or damage was theresult of the willful or deliberate misconduct of suchemployee.
Section 4. Collection Procedure
A. If a grievance is initiated and advanced through thegrievance-arbitration procedure or a petition has been filedpursuant to the Debt Collection Act, regardless of theamount and type of debt, collection of the debt will bedelayed until disposition of the grievance and/or petition has(have) been had, either through settlement or exhaustion ofcontractual and/or administrative remedies.
B. No more than 15 percent of an employee's disposablepay or 20 percent of the employee's biweekly gross paywhichever is lower, may be deducted each pay period tosatisfy a postal debt, unless the parties agree, in writing, toa different amount.
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(The preceding Article, Article 28, shall apply toTransitional Employees)
ARTICLE 29LIMITATION ON REVOCATION OF
DRIVING PRIVILEGES
An employee's driving privileges, may be revoked orsuspended when the on-duty record shows that the employeeis an unsafe driver.
Elements of an employee's on-duty record which may beused to determine whether the employee is an unsafe driverinclude but are not limited to, traffic law violations,accidents or failure to meet required physical or operationstandards.
The report of the Safe Driver Award Committee cannot beused as a basis for revoking or suspending an employee'sdriving privileges. When a revocation, suspension, orreissuance of an employee's driving privileges is underconsideration, only the on-duty record will be considered inmaking a final determination. An employee's drivingprivileges will be automatically revoked or suspendedconcurrently with any revocation or suspension of Statedriver's license and restored upon reinstatement. Everyreasonable effort will be made to reassign such employee tonon-driving duties in the employee's craft or in other crafts.In the event such revocation or suspension of the Statedriver's license is with the condition that the employee mayoperate a vehicle for employment purposes, the employee'sdriving privileges will not be automatically revoked. Whenrevocation, suspension, or reissuance of an employee'sdriving privileges is under consideration based on theon-duty record, such conditional revocation or suspension ofthe State driver's license may be considered in making afinal determination.
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Initial issuance--an employee shall be issued a Certificateof Vehicle Familiarization and Safe Operation when suchemployee has a valid State driver's license, passes thedriving test of the U.S. Postal Service, and has a satisfactorydriving history.
An employee must inform the supervisor immediately of therevocation or suspension of such employee's State driver'slicense.
[see Memo, page 338]
ARTICLE 30
LOCAL IMPLEMENTATION
A. Presently effective local memoranda of understandingnot inconsistent or in conflict with the 1998 NationalAgreement shall remain in effect during the term of thisAgreement unless changed by mutual agreement pursuantto the local implementation procedure set forth below or, asa result of an arbitration award or settlement arising fromeither party's impasse of an item from the presently effectivelocal memorandum of understanding.
B. There shall be a 30 consecutive day period of localimplementation which shall occur within a period of 60 dayscommencing February 15, 1999 on the 22 specific itemsenumerated below, provided that no local memorandum ofunderstanding may be inconsistent with or vary the terms ofthe 1998 National Agreement:
1. Additional or longer wash-up periods.
2. The establishment of a regular work week of fivedays with either fixed or rotating days off.
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3. Guidelines for the curtailment or termination ofpostal operations to conform to orders of localauthorities or as local conditions warrant becauseof emergency conditions.
4. Formulation of local leave program.
5. The duration of the choice vacation period(s).
6. The determination of the beginning day of anemployee's vacation period.
7. Whether employees at their option may request twoselections during the choice vacation period, inunits of either 5 or 10 days.
8. Whether jury duty and attendance at National orState Conventions shall be charged to the choicevacation period.
9. Determination of the maximum number ofemployees who shall receive leave each weekduring the choice vacation period.
10. The issuance of official notices to each employee ofthe vacation schedule approved for such employee.
11. Determination of the date and means of notifyingemployees of the beginning of the new leave year.
12. The procedures for submission of applications forannual leave during other than the choice vacationperiod.
13. The method of selecting employees to work on aholiday.
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14. Whether "Overtime Desired" lists in Article 8 shallbe by section and/or tour.
15. The number of light duty assignments within eachcraft or occupational group to be reserved fortemporary or permanent light duty assignment.
16. The method to be used in reserving light dutyassignments so that no regularly assigned memberof the regular work force will be adversely affected.
17. The identification of assignments that are to beconsidered light duty within each craft representedin the office.
18. The identification of assignments comprising asection, when it is proposed to reassign within aninstallation employees excess to the needs of asection.
19. The assignment of employee parking spaces.
20. The determination as to whether annual leave toattend Union activities requested prior todetermination of the choice vacation schedule is tobe part of the total choice vacation plan.
21. Those other items which are subject to localnegotiations as provided in the craft provisions ofthis Agreement.
22. Local implementation of this Agreement relatingto seniority, reassignments and posting.
C. All proposals remaining in dispute may be submittedto final and binding arbitration, with the writtenauthorization of the national Union President or the
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Vice-President, Labor Relations. The request for arbitrationmust be submitted in accordance with the Memorandumof Understanding regarding Local Implementation.However, where there is no agreement and the matter is notreferred to arbitration, the provisions of the former localmemorandum of understanding shall apply, unlessinconsistent with or in conflict with the 1998 NationalAgreement.
[see Memo, page 340]
D. An alleged violation of the terms of a memorandumof understanding shall be subject to the grievance-arbitrationprocedure.
E. When installations are consolidated or when a newinstallation is established, the parties shall conduct a thirty(30) day period of local implementation, pursuant to SectionB. All proposals remaining in dispute may be submitted tofinal and binding arbitration, with the written authorizationof the national Union President or the Vice-President,Labor Relations. The request for arbitration must besubmitted within 10 days of the end of the localimplementation period.
F. Where the Postal Service, pursuant to Section C,submits a proposal remaining in dispute to arbitration,which proposal seeks to change a presently-effective LocalMemorandum of Understanding, the Postal Service shallhave the burden of establishing that continuation of theexisting provision would represent an unreasonable burdento the USPS.
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ARTICLE 31UNION-MANAGEMENT COOPERATION
Section 1. Membership Solicitation
The Union may, through employees employed by theEmployer, solicit employees for membership in the Unionand receive Union dues from employees in non-work areasof the Employer's premises, provided such activity is carriedout in a manner which does not interfere with the orderlyconduct of the Employer's operation.
Section 2. Computer Tapes
The Employer shall, on an accounting period basis, providethe Union at its national headquarters with a computer tapecontaining information as set forth in the Memorandum ofUnderstanding regarding Article 31.
[see Memo, page 342] Section 3. Information
The Employer will make available for inspection by theUnion all relevant information necessary for collectivebargaining or the enforcement, administration orinterpretation of this Agreement, including informationnecessary to determine whether to file or to continue theprocessing of a grievance under this Agreement. Upon therequest of the Union, the Employer will furnish suchinformation, provided, however, that the Employer mayrequire the Union to reimburse the USPS for any costsreasonably incurred in obtaining the information.
Requests for information relating to purely local mattersshould be submitted by the local Union representative to theinstallation head or his designee. All other requests for
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information shall be directed by the National President ofthe Union to the Vice-President, Labor Relations.
Nothing herein shall waive any rights the Union may haveto obtain information under the National Labor RelationsAct, as amended.
(The preceding Article, Article 31, shall apply toTransitional Employees)
ARTICLE 32SUBCONTRACTING
Section 1. General Principles
A. The Employer will give due consideration to publicinterest, cost, efficiency, availability of equipment, andqualification of employees when evaluating the need tosubcontract.
[see Memos, pages 343, 345, 346]
B. The Employer will give advance notification to theUnion at the national level when subcontracting which willhave a significant impact on bargaining unit work is beingconsidered and will meet to consider the Union's views onminimizing such impact. No final decision on whether ornot such work will be contracted out will be made until thematter is discussed with the Union.
Section 2. Motor Vehicle Craft-Highway Movement ofMail
A. The American Postal Workers Union, AFL-CIO, andthe United States Postal Service recognize the importance ofservice to the public and cost to the Postal Service inselecting the proper mode for the highway movement of
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mail. In selecting the means to provide such transportationthe Postal Service will give due consideration to publicinterest, cost, efficiency, availability of equipment, andqualification of employees.
B. For highway contracts covered by Article 32, Section2, the Union will be furnished the information enumeratedin Paragraph C below. This information will be furnished atleast sixty (60) days prior to the scheduled installation of theservice. Within forty (40) days of being furnished suchinformation, the Union may request a meeting to discuss aspecific contract(s). Within forty-five (45) days of beingfurnished such information, the parties will exchange thebasic cost analyses in order to facilitate discussions. Theparties will meet on or before the sixtieth (60th) day. At notime will the subject highway contract(s) for which ameeting has been requested be awarded prior to the actualmeeting.
C. The information will include the following in aconcise summary form:
l. A statement of service including frequency, time ofdeparture and arrival, annual mileage, andproposed effective date of contract.
2. Equipment requirements. If not comparable tostandard USPS equipment available at that facility,the reasons therefore along with the cubic footjustification are to be provided.
3. A statement as to whether the proposed contract isa renewal of an existing contract and/or a partial orcompletely new contract solicitation.
4. For contract renewals, the current contractual costis to be provided along with any specifics, if the
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terms of the renewal are modified to whateverdegree.
5. If the new contract solicitation replaces in part orin whole existing Postal Vehicle Service (PVS)service, specifics as to the existing PVS service areto be provided as to the span of operating time,equipment utilized, annual cost, how the PVSemployees impacted will otherwise be utilized andthe projected United States Postal Service cost forsubcontracting the work in question.
D. Should there subsequently be substantivemodifications in the information provided the Union in Cabove, the Union will be notified as soon as such decision ismade.
E. The parties agree that the following factors will beused in any cost comparisons of the type of transportationmode to be selected:
1. The Motor Vehicle employee costs for MotorVehicle Operators will be the average cost of Level5 Motor Vehicle Operators and the Motor Vehicleemployee costs for Tractor-Trailer Operators willbe the average cost of Level 6 for Tractor-TrailerOperators, as per these employees' straight timewages inclusive of fringe benefits. The average ofeach level will be a weighted average based on thenumber of employees in each step of the respectivelevels and their respective wages. The MotorVehicle employee costs will be updated within 30days following each salary adjustment for theMotor Vehicle Craft.
2. The vehicle costs will be computed from the lastfour quarters of the Vehicle Make/Model CostReports. These costs will be computed separately
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for each Area. The parties will consider anadjustment for exceptional cost variances.
3. The Postal Vehicle Service will be charged l0minutes at the start and 10 minutes at the end ofeach route, regardless of the vehicle used.
F. For all routes for which the Union submitted a costcomparison, if a contract is awarded, the Union will befurnished the cost of such contract.
G. These provisions shall be applicable when evaluatingthe type of service to be provided for routes that are:
1. A fixed annual rate contract over $100,000 perannum, but not more than 350 miles in round-triplength, and
2. An annual rate or non-annual rate contract such aslocal drayage, spotting or shuttle service where theestimated annual compensation will exceed$45,000, and
3. Not more than 8 hours in operating time fromterminus to terminus.
4. Being then operated by bargaining unitemployee(s) of the Motor Vehicle Craft, regardlessof annual cost, round-trip length or operating time.
H. The information will be furnished for all routescovered by this Section and subject to renewal, extension,conversion of existing postal vehicle service to highwaycontract service or new highway contract service subject tothe limitations stated herein. The following contracts are notencompassed by this Section: services involving collectionand box delivery; small contract operations in areas whereno Postal Vehicle Service operation is currently operating
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and where Postal Vehicle Service operation is economicallyunfeasible; or any star route contracts let on a temporary oremergency basis.
I. The parties recognize that specific conditions mayjustify and require alteration of the time requirementsspecified herein.
[see Memo, page 345]
Section 3. Joint Committee
There shall be established at the national level, as asubcommittee of the national level Joint Labor-ManagementCommittee, a joint committee to study the problems in thisarea leading towards a meaningful evolutionary approach tothe issue of subcontracting.
(The preceding Article, Article 32, shall apply toTransitional Employees)
ARTICLE 33PROMOTIONS
Section 1. General Principles
The Employer agrees to place particular emphasis uponcareer advancement opportunities. First opportunity forpromotions will be given to qualified career employees. TheEmployer will assist employees to improve their own skillsthrough training and self-help programs, and will continueto expand the Postal Employee Development Centerconcept.
[see Memo, page 347]
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Section 2. Craft Promotions
When an opportunity for promotion to a craft position existsin an installation, an announcement shall be posted onofficial bulletin boards soliciting applications fromemployees of the appropriate craft. Craft employees meetingthe qualifications for the position shall be given firstconsideration. Qualifications shall include, but not belimited to, ability to perform the job, merit, experience,knowledge, and physical ability. Where there are qualifiedapplicants, the best qualified applicant shall be selected;however, if there is no appreciable difference in thequalifications of the best of the qualified applicants and theEmployer selects from among such applicants, seniorityshall be the determining factor. Written examinations shallnot be controlling in determining qualifications. If no craftemployee is selected for the promotion, the Employer willsolicit applications from all other qualified employeeswithin the installation.
Promotions to positions enumerated in the craft Articles ofthis Agreement shall be made in accordance with suchArticles by selection of the senior qualified employeebidding for the position.
Section 3. Examinations
When an examination is given, there shall be nounreasonable limitation on the number of examinations thatmay be taken by an applicant.
ARTICLE 34WORK AND/OR TIME STANDARDS
A. The principle of a fair day's work for a fair day's payis recognized by all parties to this Agreement.
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B. The Employer agrees that any work measurementsystems or time or work standards shall be fair, reasonableand equitable. The Employer agrees that the Unionconcerned through qualified representatives will be keptinformed during the making of time or work studies whichare to be used as a basis for changing current or institutingnew work measurement systems or work or time standards.The Employer agrees that the National President of theUnion may designate a qualified representative who mayenter postal installations for purposes of observing themaking of time or work studies which are to be used as thebasis for changing current or instituting new workmeasurement systems or work or time standards.
C. The Employer agrees that before changing anycurrent or instituting any new work measurement systems orwork or time standards, it will notify the Union concernedas far in advance as practicable. When the Employerdetermines the need to implement any new nationallydeveloped and nationally applicable work or time standards,it will first conduct a test or tests of the standards in one ormore installations. The Employer will notify the Union atleast 15 days in advance of any such test.
D. If such test is deemed by the Employer to besatisfactory and it subsequently intends to convert the test tolive implementation in the test cities, it will notify the Unionat least 30 days in advance of such intendedimplementation. Within a reasonable time not to exceed 10days after the receipt of such notice, representatives of theUnion and the Employer shall meet for the purpose ofresolving any differences that may arise concerning suchproposed work measurement systems or work or timestandards.
E. If no agreement is reached within five days after themeetings begin, the Union may initiate a grievance at thenational level. If no grievance is initiated, the Employer willimplement the new work or time standards at its discretion.
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If a grievance is filed and is unresolved within 10 days, andthe Union decides to arbitrate, the matter must be submittedto priority arbitration by the Union within five days. Theconversion from a test basis to live implementation mayproceed in the test cities, except as provided in Paragraph I.
F. The arbitrator's award will be issued no later than 60days after the commencement of the arbitration hearing.During the period prior to the issuance of the arbitrator'saward, the new work or time standards will not beimplemented beyond the test cities, and no new tests of thenew standards will be initiated. Data gathering efforts orwork or time studies, however, may be conducted duringthis period in any installation.
G. The issue before the arbitrator will be whether thenational concepts involved in the new work or timestandards are fair, reasonable and equitable.
H. In the event the arbitrator rules that the nationalconcepts involved in the new work or time standards are notfair, reasonable and equitable, such standards may not beimplemented by the Employer until they are modified tocomply with the arbitrator's award. In the event thearbitrator rules that the national concepts involved in thenew work or time standards are fair, reasonable andequitable, the Employer may implement such standards inany installation. No further grievances concerning thenational concepts involved may be initiated.
I. After receipt of notification provided for in ParagraphD of this Article, the Union shall be permitted throughqualified representatives to make time or work studies in thetest cities. The Union shall notify the Employer within ten(l0) days of their intent to conduct such studies. The Unionstudies shall not exceed one-hundred fifty (150) days, fromthe date of such notice, during which time the Employeragrees to postpone implementation in the test cities for the
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first ninety (90) days. There shall be no disruption ofoperations or of the work of employees due to the making ofsuch studies. Upon request, the Employer will providereasonable assistance in making the study, provided,however, that the Employer may require the Union toreimburse the USPS for any costs reasonably incurred inproviding such assistance. Upon request, the Unionrepresentative shall be permitted to examine relevantavailable technical information, including final dataworksheets, that were used by the Employer in theestablishment of the new or changed work or timestandards. The Employer is to be kept informed during themaking of such Union studies and, upon the Employer'srequest the Employer shall be permitted to examine relevantavailable technical information, including final dataworksheets, relied upon by the Union.
(The preceding Article, Article 34, shall apply toTransitional Employees)
ARTICLE 35EMPLOYEE ASSISTANCE PROGRAM
Section 1. Programs
The Employer and the Union express strong support forprograms of self-help. The Employer shall provide andmaintain a program which shall encompass the education,identification, referral, guidance and follow-up of thoseemployees afflicted by the disease of alcoholism and/or drugabuse. When an employee is referred to the EAP by theEmployer, the EAP staff will have a reasonable period oftime to evaluate the employee's progress in the program.
This program of labor-management cooperation shallsupport the continuation of the EAP for alcohol and/or drugabuse at the current level. In addition to the current EAP,
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the EAP will be expanded, as provided in Section 2 hereof,to encompass the education, identification, referral andguidance of:
1. employees' family members afflicted withalcoholism and/or drug abuse which could or doeshave a negative impact on the employee's workperformance, and
2. those employees and their families experiencingother family and/or personal problems which couldor do have a negative impact on the employee'swork performance.
An employee's voluntary participation in the EAP forassistance with alcohol and/or drug abuse will be consideredfavorably in disciplinary action proceedings.
Section 2. Joint Committee
For the term of the 1998 National Agreement, the Employerand the Union agree to work jointly in the development ofthe expanded EAP and in improvements in the existingEAP. The parties agree to establish at the national level aNational EAP Committee. The Committee will haveresponsibility for jointly:
1. assessing the effectiveness of EAPs operatinginside and outside the USPS, and
2. developing on an ongoing basis the generalguidelines with respect to the level of services andthe mechanisms by which the services will beprovided.
The Committee is not responsible for day-to-dayadministration of the program.
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The Committee shall convene at such times and places as itdeems appropriate during the term of the 1998 NationalAgreement. No action or recommendations may be taken bythe Committee except by consensus of its members. In theevent that the members of the Committee are unable toagree within a reasonable time on an appropriate course ofaction with respect to any aspect of its responsibility, theVice-President, Labor Relations, and the National UnionPresident shall meet to resolve such issues.
The Committee will submit to the Vice-President, LaborRelations, and the President of the Union, a comprehensivereport on the general guidelines for changes, if any, in thelevel of EAP services and the mechanism by which theservices will be provided.
The Committee is authorized to obtain expert advice andassistance to aid its pursuit of its objectives. Theapportionment of any fees and expenses for any such expertsshall be by consensus of the Committee.
The Employer and the Union agree that they will cooperatefully at all levels towards achieving the objectives of theEAP.
This joint effort will continue for the term of the 1998National Agreement.
ARTICLE 36CREDIT UNIONS AND TRAVEL
Section 1. Credit Unions
In the event that the Union signatory to this Agreement orits local Unions (whether called locals or by other names)presently operate or shall hereafter establish and chartercredit unions, the Employer shall, without charge, authorize
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and provide space, if available, for the operation of suchcredit unions in Federal buildings, in other than workroomspace.
Any postal employee who is an employee of any such creditunion or an officer, official, or Board member of any suchcredit union, shall, if such employee can be spared, begranted annual leave or leave without pay, at the option ofthe employee, for up to eight (8) hours daily, to performcredit union duties. Section 2. Travel, Subsistence and Transportation
A The Employer shall continue the current travel,subsistence and transportation program.
B. Employees will be paid a mileage allowance for theuse of privately owned automobiles for travel on officialbusiness when authorized by the Employer equal to thestandard mileage rate for use of a privately ownedautomobile as authorized by the General ServicesAdministration (GSA). Any change in the GSA standardmileage rate for use of a privately owned automobile will beput into effect by the Employer within sixty (60) days of theeffective date of the GSA change.
PreferenceSection 6. Mail Sorting MachinesSection 7. Anti-Fatigue MeasuresSection 8. Scheme CommitteeSection 9. Computerized Forwarding System
ARTICLE 37CLERK CRAFT
Section 1. Definitions
A. Craft Group. Those positions for which the Unionhas secured exclusive recognition at the national level.
B. Duty Assignment. A se t o f du t ies a n dresponsibilities within recognized positions regularlyscheduled during specific hours of duty.
C. Preferred Duty Assignment. Any duty assignmentconsidered preferred by a full-time employee or a part-timeregular employee.
D. Bid. A written request submitted on a PS Form 1717,or PS Form 1717A, or locally designed multi-bid form,which requires only the basic information on PS Form 1717,to the installation head to be assigned to a duty assignmentby a full-time employee eligible to bid or a part-time regularemployee eligible to bid. In the absence of a standard bidform, a bid submitted in writing will be accepted. Whencomputerized bidding is available to all employees in a
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facility, telephone and computerized bidding ismandatory. Where telephone bidding is the onlyalternative form of bidding, bids may be submitted bytelephone.
E. Application. A written request by a Clerk Craftemployee for consideration for a duty assignment for whichthe employee is not entitled to submit a bid or express apreference under Article 37, Section 5.
F. Abolishment. A management decision to reduce thenumber of occupied duty assignment(s) in an establishedsection and/or installation.
G. Reversion. A management decision to reduce thenumber of duty assignments in an installation when suchduty assignment(s) is/are vacant.
H. Reposting. The posting of a duty assignment asrequired by Article 37, Section 3.A.4.a, b, or c.
I. Residual Vacancy. A duty assignment that remainsvacant after the completion of the voluntary bidding process.
J. Conversion. The act of changing the status of apart-time flexible employee to full-time or part-timeregular by appropriate personnel action (Form 50).
K. Currently Qualified. Possessing a live record onall of the qualifications for a posted duty assignment,including scheme and/or the ability to key at the appropriatespeed and accuracy on the appropriate keyboard, such thatthe employee can assume the posted duties of the dutyassignment without the need for a deferment period.
L. Live Record. A record of qualification which makesan employee qualified, for bidding purposes, on a particularscheme, skill, or other qualification requirement. A live
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record begins when an employee qualifies on therequirement. Its duration is as follows:
1. Except for positions listed in Section 3.F.7, a liverecord lasts for two years after the employee ceasesto perform the duties which require the skill.
2. For positions listed in Section 3.F.7, a live recordlasts for five years after the employee ceases toperform the duties which require the skill.
3. A full-time regular or part-time regular employeeis considered to cease performing the duties whichrequire a skill when the employee no longer holdsa bid requiring the skill.
M. Brush-up Training. Training provided to anemployee who is a successful bidder or is assigned to a dutyassignment for which the employee is deemed to becurrently qualified.
[see Memo, page 363] Section 2. Seniority
A. Introduction
1. The U.S. Postal Service and the APWU, ClerkCraft Division, AFL-CIO, agree to the followingseniority principles which replace all former rules,instructions and practices.
2. This Article will continue relative senioritystandings properly established under pastinstructions, rules, and practices and the Articleshall be so applied. If an employee requests acorrection of seniority standing, it is theresponsibility of the requesting employee to
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identify and restate the specific instructions, rule orpractice in support of the request.
B. Coverage
These rules apply to all employees in the regular work forcewhen a guide is necessary for filling vacant assignments andfor other purposes. No employee, solely by reason of thisArticle, shall be displaced from an assignment the employeegained in accord with former rules.
C. Responsibility
The Employer is responsible for day-to-day application ofthe seniority provisions of this Article. The installation headshall post and furnish a copy of an updated seniority list tothe local union on a semi-annual basis, unless otherwisenegotiated locally. The application of this Article shall beopen to negotiation at the installation level with thedesignated official of the Union.
D. Application of Seniority
1. Seniority for full-time employees and part-timeregular employees for preferred duty assignmentsand other purposes shall be applied in accordancewith the National Agreement. This senioritydetermines the relative standing among full-timeemployees and part-time regular employees. Itbegins on the date of entry into the Clerk Craft inan installation and continues to accrue as long asservice is uninterrupted in the Clerk Craft and inthe same installation, except as otherwisespecifically provided for.
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2. Reassignment of Part-Time Flexible Employeesto the Clerk Craft
When a part-time flexible employee is voluntarilyor involuntarily reassigned to the Clerk Craft fromanother craft, the employee shall be assigned to thebottom of the part-time flexible roll and begin anew period of seniority effective the date ofreassignment.
3. Relative Standing on the Part-Time FlexibleRoll
a. Part-time flexible employees are placed on thepart-time flexible roll in the order of the dateof career appointment as a part-time flexiblefrom a competitive Postal Service eligibleregister or other means. In cases ofappointment of more than one employee to thepart-time flexible roll on the same day fromthe same competitive register, their positionson the part-time flexible roll will be in accordwith their standing on the Postal Serviceeligible register.
In cases of appointment of more than oneemployee to the part-time flexible roll on thesame day from different registers, theirpositions on the part-time flexible roll will bedetermined in accordance with their scores onthe entrance examination elements applicableto the position for which hired.
If a tie still exists, standing on the part-timeflexible roll will be determined by theapplication of Section 2.D.4 below.
b. A reinstated, reassigned, or transferredemployee shall be placed on the part-time
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flexible roll ahead of one appointed from theregister on the same day.
c. A part-time regular Clerk Craft employee whoapplies for and is changed to part-time flexibleshall be placed at the bottom of the part-timeflexible roll. Upon conversion to full-time, theemployee's seniority for preferred assignmentsshall include all continuous Clerk Craftservice in the installation.
d. Continuous time in the Clerk Craft in thesame installation shall be used for vacationscheduling.
4. Seniority Tie Breaker
Except as otherwise specifically provided for inthis Agreement, when it is necessary to resolve atie in seniority between two or more Clerk Craftemployees, the following criteria shall apply in theorder set forth below:
a. Total continuous postal career service in theClerk Craft within the installation.
b. Total postal career service in the Clerk Craftwithin the installation.
c. Total postal career service in the Clerk Craft.
d. Total postal career service within theinstallation.
e. Total postal career service.
f. Total postal service.
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g. Total Federal service as shown in the servicecomputation date.
h. Numerical by the last three or more numbers(using enough numbers to break the tie, butnot fewer than three numbers) of theemployee's social security number, from thelowest to highest.
5. Changes in Which Seniority is Regained,Restored or Retained
a. Reemployment After Disability Separation.On reinstatement or reemployment afterseparation caused by disability, disabilityretirement, retirement or resignation becauseof personal illness and the employee so statedin the resignation and furnished satisfactoryevidence for inclusion in the employee'spersonnel folder, the employee’s seniorityshall be the same as if employment had notbeen interrupted if reinstated or reemployedin the same postal installation and craft fromwhich originally separated; providedapplication for reinstatement or reemploymentis made within six months from the date ofrecovery. The date of recovery in the case ofdisability retirement must be supported bynotice of recovery from The CompensationGroup, Office of Personnel Management, andin the case of resignation due to illness, by astatement from the applicant's attendingphysician or practitioner. When reinstatementis to the part-time flexible roll, standing onthe roll shall be the same as if employmenthad not been interrupted by the separation.
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b. Restoration. On restoration in the same craft inthe same installation after return from militaryservice, the employee’s seniority shall be thesame as if employment had not been interruptedby the separation.
c. Employees Electing Reassignment. Anysenior Clerk Craft employee in the same level,status, and installation may elect to bereassigned to the gaining installation in lieu ofan involuntary reassignment of a junioremployee.
(1) Senior full-time or part-time regularclerks who elect to be reassigned to thegaining installation will take theirseniority with them. Reassignment ofthose full-time or part-time regular clerksshall be treated as details for the first 180days to avoid inequities in the selecting ofpreferred duty assignments by full-time orpart-time regular clerks in the gaininginstallation. Such senior employees whoaccept reassignment to the gaininginstallation do not have retreat rights.
(2) Senior part-time flexible employees whoelect to be reassigned to the gaininginstallation will be placed at the bottom ofthe part-time flexible roll. Uponconversion to full-time, an employee'sseniority for preferred duty assignmentsshall include part-time flexible service inboth the losing and gaining installations.
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6. Changes in Which Seniority is Lost
Except as specifically provided elsewhere in thisAgreement, a full-time employee or a part-timeregular employee begins a new period of seniority:
a. When the change is:
(1) from one postal installation to another atthe employee's request.
(2) from another craft to the Clerk Craft(voluntarily or involuntarily).
b. Upon reinstatement or reemployment.
c. Upon transfer into the Postal Service.
7. Change in Which Seniority is Modified. Whenmutual exchanges are made between full-timeClerk Craft employees in different installations,both of the exchanging employees shall take theseniority date of the junior employee involved andshall be reassigned as unassigned full-timeemployees.
Section 3. Posting, Bidding, and Application
A. Newly established and vacant Clerk Craft dutyassignments shall be posted as follows:
1. All newly established Clerk Craft duty assignmentsshall be posted to craft employees eligible to bidwithin 28 days. All vacant duty assignments,except those positions excluded by the provisionsof Article 1, Section 2, shall be posted within 28days unless such vacant duty assignments arereverted.
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a. Full-time duty assignments.
(1) Newly established full-time dutyassignments are posted to full-timeemployees eligible to bid and to currentlyqualified part-time regular employeeseligible to bid who were previouslyfull-time employees in the Clerk Craft inthe same installation.
(3) Residual full-time vacancies are postedfor bid to part-time regular employeeseligible to bid, after the application ofSec t ion 4 .C , Ass ignmen t o fUnencumbered Employees, unless suchvacancies are being withheld pursuant toArticle 12.
(a) To be eligible to bid on a residualfull-time vacancy, a part-time regularemployee must be senior to the seniorpart-time flexible on the roll whostates a preference on the dutyassignment.
(b) Posting of residual full-time dutyassignments to part-time regularemployees will be concurrent withpart-time flexible preferencing underSection 5. A part-time regularemployee eligible to bid on a dutyassignment will be placed in the dutyassignment ahead of a part-time
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flexible employee expressing apreference for the duty assignment.
b. Part-time regular duty assignments.
(1) Newly established and vacant part-timeregular duty assignments are posted tofull-time and part-time regular employeeswho are eligible to bid.
(2) Residual part-time regular vacancies arefilled in accordance with Sections 4 and5 of this Article.
2. Reversion. When a vacant duty assignment isunder consideration for reversion, the local UnionPresident will be given an opportunity for inputprior to a decision. The decision to revert or not torevert the duty assignment shall be made not laterthan 28 days after it becomes vacant and if thevacant assignment is reverted, a notice shall beposted advising of the action taken and the reasonstherefor.
3. Withholding. When vacancies are withheld underthe provisions of Article 12, the local UnionPresident will be notified in writing.
4. Reposting.
a. When it is necessary that fixed schedule day(s)of work in the basic work week for a dutyassignment be permanently changed, theaffected assignment(s) shall be reposted.
b. The determination of what constitutes asufficient change of duties, principalassignment area or scheme knowledge
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requirements to cause the duty assignment tobe reposted shall be a subject of negotiation atthe local level.
c. The determination of what constitutes asufficient change in starting time of a dutyassignment to cause the duty assignment to bereposted is negotiable at the local level,provided:
(1) No duty assignment will be repostedwhen the change in starting time is onehour or less.
(2) The above criteria will also apply tocumulative changes in starting timewithin the life of this Agreement.Cumulative changes are changes thatmove the starting time outside a circlewhich has the starting time as its centerand the agreed upon time as its radius.
(3) The incumbent shall have the option ofaccepting the new reporting time, ifnegotiated at the local level. If theincumbent accepts the new reportingtime, the assignment will not be reposted.
(4) If the incumbent does not accept the newreporting time, the assignment will bereposted.
d. When duty assignments are reposted inaccordance with a., b., or c. above, suchrepostings of level 5, 6, and 7 dutyassignments will be limited to employeeswithin the same and higher salary levels andstatus; and repostings of level 4 duty
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assignments will be limited to those employeesin that salary level and status.
Subsequent postings which result from areposted duty assignment will be limited toemployees within the above salary levels untila residual vacancy is identified. Residualvacancies which result from repostings will befilled in the following order:
(1) Assign any unencumbered employees inthe same salary level who are availablefor assignment, in accordance withSection 4.C.1.
(2) Post to full-time employees in all levelswho are eligible to bid and part-timeregular employees in all levels who areeligible to bid.
(3) If no bidders, assign unencumbered lowerlevel employees in accordance withSection 4.C.1.
e. Duty assignments within multicraft positionsshall not be reposted due to changes in hours,off days, or duties. A multicraft position is aposition from which a duty assignment isposted for bid to employees from more thanone craft and is awarded based on seniority.
f. If the decision is to repost an occupied duty assignment and there are two or moreidentical (hours, off days and duties)assignments within the section, the dutyassignment of the junior incumbent of suchassignment will be reposted.
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5. In instances where more than one duty assignmentis posted, clerks may indicate preferences on thebid form or in the telephone or computerizedbidding process.
6. An employee who has submitted a bid shall havethe right to cancel the bid, in writing or in thetelephone or computerized bidding process, atany time before the closing time (hour and date) ofthe posting. Such cancellation, to be official, shallbe date stamped or processed by telephone orcomputer (with confirmation). An employee maynot cancel a bid after the closing time of theposting.
7. Best Qualified Positions
a. All newly established and vacant dutyassignments in a best qualified position shallbe posted for bid to full-time employeesencumbered in duty assignments in the samesalary level and same best qualified position,except when a vacant assignment(s) is beingconsidered for reversion. The successfulbidder must be placed in the duty assignmentwithin 28 days after the successful biddernotice is posted, except in the month ofDecember.
b. The residual vacancy, as defined in Section 1of this Article, will be posted for applicationunless the vacancy is being withheld pursuantto Article 12. The successful applicant must beplaced in the duty assignment within 28 daysafter the successful applicant notice is posted,except in the month of December.
c. Part-time regular employees may apply forbest qualified duty assignments. Applications
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from part-time regular employees will not beconsidered if sufficient (equal or greater innumber than available duty assignments)full-time and part-time flexible employeesmeeting the minimum qualifications apply.
d. Incumbents in each best qualified position andsalary level will be in a separate category forArticle 12 excessing purposes. Thesecategories will be separate from seniorqualified positions.
8. Clerks temporari ly detai led to anonbargaining-unit position (204b) may not bid orapply for vacant Clerk Craft duty assignmentswhile so detailed. However, nothing containedherein shall be construed to preclude suchtemporarily detailed employees from voluntarilyterminating a 204b detail and returning to theircraft position. Upon return to the craft position,such employees may exercise their right to bid orapply for vacant Clerk Craft duty assignments.
The duty assignment of a clerk detailed to anonbargaining-unit position, including anonbargaining-unit training program, in excess of4 months shall be declared vacant and shall beposted for bid in accordance with this Article.Upon return to the craft the employee will becomean unassigned clerk with a fixed schedule. A clerktemporarily detailed to a nonbargaining-unitposition will not be returned to the craft solely tocircumvent the provisions of Section 3.A.8. Form1723, Notice of Assignment, shall be used indetailing clerks to temporary nonbargaining-unitpositions (204b). The Employer will provide theUnion at the local level with a copy of Form(s)
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1723 showing the beginning and ending of all suchdetails.
Employees detailed to nonbargaining-unitpositions are not entitled to out-of-schedulepremium.
9. Filling Upgraded Positions
a. When an occupied Clerk Craft position isupgraded on the basis of the present duties:
(l) The incumbent will remain in theupgraded job provided the employee hasbeen in that job for more than one year.
(2) The job will be posted for bid orapplication in accordance with theAgreement if the incumbent has not beenin the job for more than one year.
b. When an occupied Clerk Craft position isupgraded on the basis of duties which areadded to the position:
(l) The incumbent will remain in theupgraded job provided the employee hasbeen in that job for more than one year.The year of required incumbency in thejob begins when the duty or duties wereadded which permitted the job to bereranked.
(2) The job will be posted for bid orapplication in accordance with theAgreement if the incumbent has not beenin the job more than one year since thedate when the duty or duties were added
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which later permitted the job to bereranked.
10. Full-time Clerk Craft employees may use theirseniority to bid on any senior qualified assignmentinvolving a change in level provided the biddermeets the qualifications established for the positionand the requirements in subsection a. and b. below,when applicable. Part-time regular employees mayuse their seniority to bid on full-time dutyassignments in other levels for which they areeligible to bid under the provisions of Section3.A.1 of this Article.
a. Full-time Clerk Craft employees in levelsPS-5, PS-6, and PS-7 may bid and compete forvacant and newly established full-time dutyassignments ranked below PS-5.
b. Full-time Clerk Craft employees in levelsbelow PS-5 may bid and compete for vacantand newly established full-time dutyassignments ranked at PS-5, PS-6, and PS-7.
c. Employees in levels below PS-5 who arepromoted as a result of this section and aresubsequently impacted due to technologicaland mechanization changes shall not beentitled to saved grade for a period of twoyears beginning with the effective date ofpromotion. This two-year restriction does notapply to employees who previously occupiedthe higher level.
d. Before excessing pursuant to provisions ofArticle 12, employees serving their initialassignment per part a. or b. above may beexcessed to their former wage level by inverse
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seniority provided the employee has notcompleted three years in the new level.
e. Employees in levels below PS-5 who arepromoted as a result of this section will berestricted from bidding to duty assignments inPS-5, PS-6, and PS-7 positions other than theposition description initially bid for one yearfrom the effective date of promotion. Employees serving this bid restriction may bidon any duty assignment below PS-5 duringthis one-year period. This restriction does notapply to employees who previously occupiedthe higher level.
11. The following PS-6 and PS-7 positions are filledon the basis of senior qualified:
Position Number Title
KP 17 Claims Clerk Paying Office SP 1-54 Highway Transportation Clerk SP 2-3 Information Clerk SP 2-4 Scheme Examiner SP 2-12 Postage-Due Technician SP 2-20 Clerk-Finance Station SP 2-25 General Expediter SP 2-26 Review Clerk SP 2-28 Flat Sorting Machine Operator SP 2-156 Stamp Supply Clerk SP 2-157 Special Postal ClerkSP 2-158 Schedule Clerk-Foreign Mail SP 2-181 General Office Clerk-Foreign Mail SP 2-188 Examination Specialist SP 2-195 Vehic le Opera t ions-Maintenance
Assistant SP 2-217 Transfer Clerk, AMF
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SP 2-218 Receiving Clerk-Foreign Air Mail SP 2-346 Procurement and Materiel Management
Assistant SP 2-362 Parcel Post Distributor-(Machine) SP 2-385 Ramp Clerk, AMF SP 2-387 Bulk Mail Technician SP 2-388 Window Services Technician SP 2-433 Self-Service Postal Center Technician SP 2-464 Mail Classification ClerkSP 2-465 Mail Classification Clerk SP 2-468 Mailing Requirements Clerk SP 2-495 Records Clerk, International Air Mail SP 2-502 Sack Sorting Machine Operator SP 2-633 Distribution Clerk, Machine, MPLSM SP 2-634 Distribution Clerk, Machine, SPLSM
B. Bidding Provisions -- Letter Sorting Machines
[see Memo, page 356]
C. Place of Posting
1. The notice inviting bids for a duty assignment shallbe posted on all official bulletin boards andavailable within the computerized biddingprocess at the installation where the vacancyexists, including stations and branches, to assurethat it comes to the attention of all employeeseligible to submit bids. Copies of the notice shallbe given to the local Union. When absentemployees have so requested in writing, statingtheir mailing addresses, a copy of any noticeinviting bids from the Clerk Craft shall be mailedto them by the installation head.
2. Posting and bidding for preferred duty assignmentsshall be installation-wide, except as otherwiseprovided for in this Agreement.
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D. Length of Posting
The notices shall remain posted for 10 days, unless adifferent length for the posting period is established by localnegotiations.
E. Information on Notices
Information shall be as shown below and shall bespecifically stated:
1. The duty assignment by position, title and number(e.g., key or standard position).
2. PS salary level.
3. Scheme knowledge (essential and non-essential)and special requirements involving training, whereapplicable. When the assignment requires schemedistribution, one or more scheme(s) will be listedas essential.
4. Hours of duty (beginning and ending), and tour.
5. The principal assignment area (e.g., parcel post,incoming or outgoing in the main office, orspecified station, branch, or other location(s) wherethe greater portion of the assignment will beperformed).
6. Qualification Standards.
7. Physical requirements unusual to the specificassignment.
8. Invitation to employees to submit bids.
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9. The fixed or rotating schedule or days of work, asappropriate.
F. Results of Posting
1. a. Within 10 days after the closing date for theposting (excluding December), the installationhead shall post a notice listing the senior orsuccessful bidder(s) and their seniority date(s).The senior qualified bidder meeting thequalification standards for the position shallbe designated the "successful bidder." If adeferment period is required, the employeewill be designated the "senior bidder."
b. An employee will be limited to five seniorunsuccessful bids during the duration of thisAgreement.
c. A senior unsuccessful bid is one on which theemployee is designated the senior bidder and,due to withdrawal, failure to qualify, or othervoluntary relinquishment of the employee'srights to the duty assignment, does not becomethe successful bidder. If an employee exercisesan option to withdraw in order to accept a dutyassignment on which the employee remains alive bidder, such withdrawal does notconstitute a senior unsuccessful bid.
d. An employee who has used five seniorunsuccessful bids for any reason during theduration of this agreement will not bepermitted further bids unless such bid:
(1) is to a duty assignment for which theemployee is currently qualified;
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(2) is due to elimination or reposting of theemployee's duty assignment; or
(3) is required in order to retain saved grade.
2. The successful bidder must be placed in the newassignment within 28 days except in the month ofDecember. The local agreement may set a shorterperiod.
3. a. When the duty assignment requires schemeknowledge, if the senior bidder is qualified onthe essential scheme requirements of theposition, assign the employee in compliancewith 2 above. If the senior bidder is notqualified on the essential scheme requirementswhen the posting period is closed, permanentfilling of the preferred assignment shall bedeferred until such employee is qualified onthe essential scheme requirements. Thedeferment period shall begin the date thesenior bidder is scheduled to report fortraining and shall be computed based on thefollowing:
Total Number Deferment periodof Scheme Items (calendar days)
Normally, the employee will begin the requiredtraining within 10 days after the posting of thesenior bidder, excluding December. Anemployee who has scheduled leave of a week orlonger (four (4) days during a holiday week)within the first twenty eight (28) days, may athis/her option, begin training upon return fromthe scheduled leave.
b. An employee designated the senior bidder maywithdraw at any time prior to completingtraining and being designated the successfulbidder. An employee who begins training andsubsequently withdraws, fails to qualify, orotherwise relinquishes rights to the dutyassignment will be restricted from any furtherbidding for a period of 90 days from the dateof withdrawal or failure to qualify.
(1) If the senior bidder withdraws prior tobeginning training or fails to completefour hours of training within five workdays of the date the senior bidder isscheduled to report for training, the dutyassignment will be forfeited to the secondsenior bidder. The second senior bidder,if not qualified on the essential schemerequirements, will enter a defermentperiod as described above.
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(2) If the senior bidder completes four ormore hours of training within five workdays of the date the senior bidder isscheduled to report for training andsubsequently withdraws, fails to qualify,or otherwise relinquishes rights to theassignment, the senior currently qualifiedbidder shall be permanently assigned asindicated in c. below.
(3) If a duty assignment is forfeited to thesecond senior bidder and the secondsenior bidder withdraws, fails to qualify,or otherwise relinquishes rights to theduty assignment, the senior currentlyqualified bidder shall be permanentlyassigned as indicated in c. below. In suchcase, the bid will be considered a seniorunsuccessful bid. If the second seniorbidder began training, he/she will berestricted from any further bidding for aperiod of 90 days from the date ofwithdrawal or failure to qualify.
c. Within 21 days after the end of the defermentperiod, the senior currently qualified biddershall be permanently assigned except asindicated below. A notice shall be postedstating the successful bidder. During thedeferment period, the assignment normallyshould be filled by the detail of a qualifiedemployee.
4. a. When the duty assignment requires machinequalifications, if the senior bidder is qualifiedon machine qualifications, which means theability to key at the appropriate speed andaccuracy on the appropriate keyboard, assign
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the employee in accordance with 2 above. Ifthe senior bidder is not qualified when theposting period is closed, permanent filling ofthe preferred assignment shall be deferreduntil the senior bidder is qualified on themachine qualifications. The hours of trainingestablished for machine qualifications shallconstitute the deferment period, which shallbegin on the first day the training isscheduled. Normally, the employee willbegin the required training within 10 daysafter the posting of the senior bidder,excluding December. An employee who hasscheduled leave of a week or longer (four(4) days during a holiday week) within thefirst twenty-eight (28) days, may at his/heroption, begin training upon return from thescheduled leave.
b. An employee designated the senior bidder maywithdraw at any time prior to completingtraining and being designated the successfulbidder. An employee who begins training andsubsequently withdraws, fails to qualify, orotherwise relinquishes rights to the dutyassignment will be restricted from any furtherbidding for a period of 90 days from the dateof withdrawal or failure to qualify.
(1) If the senior bidder withdraws prior tobeginning training or fails to completefour hours of training within five workdays of beginning training, the dutyassignment will be forfeited to the secondsenior bidder. The second senior bidder,if not qualified on the machinequalifications, will enter a defermentperiod as described above.
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(2) If the senior bidder completes four ormore hours of training within five workdays of beginning training andsubsequently withdraws, fails to qualify,or otherwise relinquishes rights to theduty assignment, the senior currentlyqualified bidder shall be permanentlyassigned as indicated in c. below.
(3) If a duty assignment is forfeited to thesecond senior bidder and the secondsenior bidder withdraws, fails to qualify,or otherwise relinquishes rights to theduty assignment, the senior currentlyqualified bidder shall be permanentlyassigned as indicated in c. below. In suchcase, the bid will be considered a seniorunsuccessful bid. If the second seniorbidder began training, he/she will berestricted from any further bidding for aperiod of 90 days from the date ofwithdrawal or failure to qualify.
c. Normally, the employee will begin therequired training within 10 days after theposting of the senior bidder, excludingDecember. Within 21 days after the end ofthe deferment period, the senior currentlyqualified bidder shall be permanentlyassigned. A notice shall be posted statingthe successful bidder. The deferment periodfor machine qualifications training, theessential scheme requirements, and schemedistribution keyboard training will not beconcurrent. During the deferment period,the assignment normally should be filled bythe detail of a qualified employee. Where
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scheme knowledge is required, theprovisions of Section 3.F.3 above areapplicable.
d. Employees who have undergone training forletter sorting machines and who subsequentlybid back into a letter sorting machine dutyassignment will be given applicable brush-uptraining to allow them to meet the appropriatespeed and accuracy requirements.
e. Except as specifically provided elsewhere inthis Article, no employee shall be denied theopportunity to bid or qualify on any mailsorting machine duty assignment solelybecause of a previous unsuccessful attempt toqualify for a mail sorting machine dutyassignment.
5. When the posted duty assignment requires aspecific skill(s) where the employees must beimmediately qualified, senior bidders will be givenan opportunity to demonstrate the skill(s). Aminimum of five senior bidders will be tested,unless one or more of the five are currentlyqualified. In that case, all bidders senior to thesenior currently qualified employee will be tested.This demonstration occurs prior to an employeebeing designated as the senior bidder or thesenior qualified bidder.
a. This provision applies to the followingpositions/duty assignments:
Air Records Processor, PS-5;
Clerk Stenographer, PS-5;
Self-Service Postal Center Technician, PS-6;
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All senior qualified duty assignmentsrequiring typing skills.
b. An employee who, as the result of a bid,attempts to demonstrate the skill(s) for one ofthe above positions/duty assignments and failswill be restricted from bidding onpositions/duty assignments which require thesame skill(s) for a period of 120 days from thedate the employee attempts to demonstrate theskill.
6. Where incidental typing is required as a part of aduty assignment, such requirement must bereasonably related to the efficient performance ofthe responsibilities of the duty assignment.
7. The senior bidder for any of the following positionswill enter a deferment period and be providedappropriate combinations of training, testing andpractical demonstration of ability to perform in theactual position. Permanent assignment to theposition will be deferred until successfulcompletion of the training. If the employee doesnot satisfactorily complete the training orwithdraws, the employee will be returned to his/herformer duty assignment and the next senior bidderwill be placed into training. An employee biddingfrom one of the positions on the list to anotherrequiring similar essential duties will not berequired to take the training.
Window Clerk (KP 13) Distribution and Window Clerk (SP 2-1) Distribution, Window and Markup Clerk (SP2-629) Window Services Technician (SP 2-388)Clerk -- Finance Station (SP 2-20)
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Bulk Mail Clerk (SP 2-44)Bulk Mail Technician (SP 2-387)Mail Classification Clerk (MSC) (SP 2-464) Mail Classification Clerk (MSC) (SP 2-465) Mailing Requirements Clerk (SP 2-468) Mailing Requirements Clerk (SP 2-469) Postage-Due Clerk (SP 2-11) Postage-Due Technician (SP 2-12)Self-Service Postal Center Technician (SP 2-433)
a. In installations where 105 or more hours oftraining are required for position qualificationand a full-time duty assignment in any of theabove position designations requires schemequalification, the deferment period forscheme(s) and position qualification will notbe concurrent.
b. An employee who is designated the seniorbidder for any of the positions listed in F.7.above and who subsequently fails tosatisfactorily complete the training orwithdraws from the bid will be restricted frombidding on posted duty assignments in thatposition designation for a period of 180 days,except as provided for in (1) and (2) below.The 180 day restriction begins on the effectivedate of the withdrawal, or, if an examinationis required, on the date the employee took theexamination.
This bidding restriction does not apply if:
(1) The employee's bid duty assignment isabolished or reposted during the 180-daybidding restriction.
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(2) The employee withdraws prior tocompletion of 25% of the positionqualification training hours.
8. a. When an employee is designated as successfulbidder and remains a live bidder on other bids,the employee shall notify management in writingwithin ten days of his/her election to remain abidder on one or more of those assignments.The notice shall identify the assignment(s) byjob and posting number. Failure to notify withinten days will cancel such other bids.
b. When an employee is in a deferment periodand would be designated a senior or successfulbidder on a previous bid, the employee will begiven a choice to remain in training orbecome the senior or successful bidder on theprevious bid.
c. Except as otherwise specifically provided in3.F.3, 3.F.4, and 3.F.7, any of the following shallend the deferment period, and the dutyassignment shall be filled in accordance with theprovisions of this Article:
(1) The senior bidder withdraws prior to theend of the deferment period;
(2) The senior bidder is designated the senioror successful bidder on a subsequentposting during the deferment period.Eligibility to demonstrate a skill per3.F.5 does not end a deferment period.
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(3) The senior bidder otherwise relinquishesthe employee's rights (voluntarily orinvoluntarily) to the assignment.
d. Any withdrawal, to be official, shall be datestamped or if done by telephone or computer,must have confirmation.
9. Pursuant to the Memorandum of Understanding,dated March 3, 1975, concerning use of full-timeemployees on Relief and Pool duty assignments,such assignments in the Clerk Craft shall normallybe used to cover:
a. Absences of employees holding full-time bidassignments in:
(l) Stations or Branches;
(2) Window Service;
(3) Customer Service, Finance or E&LR.
b. Functions which predictably occur at the endof the accounting period (Timekeeper,Examination Specialist, etc.)
10. Normally, the successful bidder shall work the duty
assignment as posted and shall not be displaced bya junior employee. This does not prohibit theEmployer from assigning other employees to workthe assignment for training purposes.
Section 4. Unencumbered Employees
A. Coverage. Full-time flexible employees andunassigned regular employees are consideredunencumbered employees.
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B. An employee who becomes an unassigned regularwill continue to work the same hours and scheduled days theemployee worked immediately prior to becomingunassigned unless notified of a change in work schedulebefore expiration of the first 28 days after the date on whichthe employee became unassigned. Additional work schedulechanges may be made, provided that such change cannot bemade effective until 180 days after the effective date of anyprevious change.
C. Assignment of Unencumbered Employees
1. To the Same or Higher Level.
a. Employees not encumbered in bid dutyassignments should bid on duty assignmentsposted for bid. These employees shall beassigned to residual full-time dutyassignments in the same or higher salary levelfor which the employees meet the minimumqualifications. The assignments will be madein the following order:
(1) Currently Qualified Employees.
Offer residual assignments by seniority toemployees who are currently qualified onall of the requirements of a residualassignment. If an employee is qualifiedon two or more residual dutyassignments, the employee will be givenan option and be awarded their choicebased on seniority. If assignments remainunfilled for which there are currentlyqualified unencumbered employees,involuntarily assign these employees byinverse seniority.
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(2) Partially Qualified Employees.
Offer residual assignments by seniority toemployees who are qualified on at leastone, but not all, of the requirements of aresidual assignment and have notoccupied a bid assignment during the last90 days. If an employee is partiallyqualified on two or more residual dutyassignments, the employee will be givenan option and be awarded their choicebased on seniority. If assignments remainunfilled for which there are partiallyqualified unencumbered employees,involuntarily assign these employees byinverse seniority.
(3) Employees Not Currently or PartiallyQualified.
Involuntarily assign employees, startingwith the senior employee, who have notoccupied a bid duty assignment duringthe last 90 days. When there is more thanone residual vacancy, the employees willbe given an option and be awarded theirchoice based on seniority.
b. Unencumbered clerks who are detailed tononbargaining positions are considered to beunavailable for assignment in accordance witha. above.
2. To a Lower Level.
Lower-level residual vacancies that still exist afterapplication of C.1 above may be offered tounencumbered employees and their preference
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shall be honored by seniority. Then assignunencumbered employees by inverse seniority tolower-level residual full-time duty assignments.An employee assigned to a duty assignment in alower grade will receive saved grade until suchtime as that employee fails to bid or apply for anyposted full-time duty assignment in his/herformer wage level.
3. a. An employee who was not hired from amachine register and who has notsubsequently passed machine training may notbe involuntarily assigned to a machine dutyassignment regardless of salary level. Thisprovision does not prohibit the Employer frommaking a job offer to an unencumberedemployee in the same level.
b. An employee hired from a machine registerwho has not qualified on a particular machineskill (e.g., letter sorting machine, flat sortingmachine) may not be involuntarily assigned toa duty assignment requiring that machine skilluntil all unencumbered employees who havequalified on that machine skill have beenassigned.
4. Full-time employees are assigned only to full-time residual vacancies. Part-time regularemployees are assigned first to part-timeregular residual vacancies, then if necessary,they may be assigned to remaining full-timeregular residual vacancies if senior to the seniorpart-time flexible employee.
1. The Employer will maintain a single mergedpart-time flexible roll.
2. Part-time flexible employees shall be converted tofull-time in the manner set forth in this section.
3. When an opportunity exists for conversion to avacant full-time Clerk Craft duty assignment,employees shall, in accordance with this section,exercise a preference(s) as to the dutyassignment(s) they desire to be converted intobased on their standing on the part-time flexibleroll.
4. Part-time flexible employees who have exercised apreference and fail to qualify shall not bedischarged or disciplined as a result of such failure.
5. Normally, the senior part-time flexible stating apreference will be placed into training within 10calendar days.
6. When a part-time flexible employee is identified ascurrently qualified or successfully completes thetraining for a stated preference, the employeeshould be converted to full-time and placed in theduty assignment within 28 days except in themonth of December. Management should releasea part-time flexible Mark-up Clerk, Automatedas soon as possible, but for replacement trainingpurposes may delay the employee's release tothat duty assignment for up to 180 days afterbeing identified as senior for conversion ortraining. This delay in placement does not alter
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the employee's normal conversion at theappropriate time.
7. Full-time flexible assignments created as a result ofthe Maximization Memorandum of Understandingshall be filled in accordance with these procedures.
8. If an opportunity for conversion is to a bestqualified full-time Clerk Craft duty assignment,the successful applicant shall be converted.Applications from part-time flexible employeesshall not be considered if sufficient (equal orgreater in number than available duty assignments)full-time employees meeting the minimumqualifications apply.
9. Part-time flexible employees who express apreference may not withdraw from the assignmentor from training except as specifically provided forin 10. below.
10. A part-time flexible employee in training for astated preference who is converted to full-time,either pursuant to Article 7, Section 3.A or due tobeing currently qualified on another assignment,shall have the option of either remaining intraining for the stated preference or withdrawingfrom training.
B. Preference Requirements/Eligibilities
1. Employees are required to state a preference forduty assignments for which they are currentlyqualified at the same or higher level, even if theyare in training for another stated preference. AMark-up Clerk, Automated is not required tostate a preference for non-Markup Clerk,Automated duty assignments.
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2. Employees are not required to state a preference forduty assignments for which they are not currentlyqualified or are at a lower level.
3. When stating preferences, employees must list allduty assignments for which they received trainingand are currently qualified ahead of any dutyassignment for which there is no qualifyingtraining.
4. While in training for a stated preference,employees may not state a preference for any otherduty assignment for which they are not currentlyqualified.
5. Part-time flexibles who were appointed from amachine register may express a preference for amanual duty assignment only if it will not deprivea currently qualified part-time flexible manualdistribution clerk of the opportunity for conversion.
[see Memo, page 350]
C. Procedures. When there are one or more full-timeduty assignment(s) to be filled by conversion, theconversions shall be made by the following procedures, inthe following order:
1. Match the number of duty assignments to be filledwith the identical number of senior part-timeflexibles on the roll who are eligible to state apreference on the duty assignment(s).
2. Convert and place any currently qualified part-timeflexibles on the above list. Any part-time flexibleswho are currently qualified on two or more of theavailable duty assignments shall be given a choice,in order of their standing on the part-time flexible
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roll, provided their choice would not reduce thenumber of currently qualified employees who couldbe matched and converted to full time.
3. If any duty assignments remain unfilled, takepreferences from all part-time flexibles who passedthe required entrance examination elements, inorder of their standing on the part-time flexible roll.
4. For each duty assignment, place the seniorpart-time flexible who stated a preference for thatassignment into the assignment if currentlyqualified. If not currently qualified, place thatemployee into training for that assignment. Uponsuccessful completion of the training, convert andplace the employee into the assignment.
5. If the senior part-time flexible fails to qualify orwithdraws pursuant to A.10. above, convert andplace the next currently qualified part-timeflexible.
6. If there are no remaining currently qualifiedpart-time flexibles for a duty assignment, thesenior part-time flexible hired from the appropriateregister and who is not in training for anotheropportunity will be assigned and placed intotraining.
7. If there are no remaining part-time flexibles hiredfrom the appropriate register, the senior part-timeflexible on the roll who is not in training foranother opportunity will be assigned and placedinto training, except that PTFs hired as manualclerks who have not subsequently passed machinetraining may not be involuntarily assigned tofull-time machine duty assignments. PTF's maynot be involuntarily assigned to a lower level orto a duty assignment requiring a skill (such as
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typing, shorthand, etc.) for which they are notcurrently qualified.
8. Part-time regular residual vacancies are offeredto part-time flexible employees for preferencing,first by same level then by seniority inaccordance with the above rules, prior to fillingthe duty assignments with non-clerk craftindividuals.
Section 6. Mail Sorting Machines
A. Letter Sorting Machines
l. Designation
In offices (present or future) with letter sortingmachines, the Employer will designate on thepart-time flexible roll those employees who meet themachine qualification requirements (which meansthe ability to key at the appropriate speed andaccuracy) for letter sorting machine positions.
2. Rotation
a. The application of the rotation system forletter sorting machine operators as outlined inHandbook PO-405 is a proper subject for theLabor-Management Committee Meetings.Discussion with local Union officials shalltake place with opportunity for input prior tochanges in the rotation system.
b. The feasibility of a study for the purpose ofbetter understanding the environmental effectsof alternate rotation systems is a proper subjectfor discussion by the NationalLabor-Management Committee.
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3. EDIT
a. An EDIT operator test will not be entered intothe Individual Performance Record andbecome an official record unless the followingconditions are met:
(l) The operator was checked by theoperations table of random numbers, andthe supervisor is able to reconstruct therandom selection of the operator from therandom number table.
(2) The supervisor is able to relate themachine printed record to the operatorand identify, where possible, the errorcauses.
(3) The operator is allowed to inspect therecord including the sampled letters assoon as possible after completion of theindividual's keying cycle.
(4) The sample letters were representative ofthe general mail mix and not solely nixiemail, mark-up mail, or 400 bin mail.
b. Special EDIT runs of an individual operatormay be made; however, they will be used onlyfor analysis of that operator's keying problemsso that corrective training can be effectivelyundertaken. Results of special EDIT runsshould be handled in accordance with a.(2),(3) and (4) above.
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B. Parcel Post Sorting Machines
1. Rotation
The application of the rotation system for PPSMoperators is a proper subject for discussion at theLabor-Management Committee meetings.Discussion with local Union officials shall takeplace with opportunity for input prior to changes inthe rotation system.
2. SIAT
A SIAT operator test will not be entered into theIndividual Performance Record and become anofficial record unless the following conditions aremet:
a. The supervisor positions himself so that hewill be able to observe the operator beingtested. He will verify for the record that theoperator being tested was in fact keying duringthe entire test.
b. The operator was scheduled by the operationstable of random numbers and the supervisor isable to reconstruct the random selection of theoperator from the random number table.
c. The supervisor is able to relate the machineprinted record to the operator and identify,where possible, the error causes.
d. The operator is allowed to inspect the record,including a record of the addresses of pieceskeyed in error as soon as practicable.
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C. New Mail Sorting Machines
The implementation of new mail sorting machine programsinvolving Flat Sorting Machines, Letter Sorting Machines,Bar Code Readers, Batch Mail Processors, Optical CharacterReaders, and the XTRACT System will be consistent withthe contractual requirements falling within the area ofTechnological and Mechanization Changes.
Section 7. Anti-Fatigue Measures
A. The subject of fatigue as it relates to the safety andhealth of an employee is a proper subject for theconsideration of the Joint Labor-Management SafetyCommittee as provided in Article 14 of the NationalAgreement. The Employer will continue to furnishadjustable platform stools for periods of sustaineddistribution as heretofore.
B. The feasibility of a study of seating devices, includingseats with back supports, for the purpose of improving uponand eventually replacing the equipment termed "adjustableplatform stools" heretofore supplied, as "sit-stand" devicesis a proper subject for determination by the NationalLabor-Management Committee.
Section 8. Scheme Committee
A. The Employer agrees to having as part of theNat ional Labor-Management Commit tee , alabor-management subcommittee on schemes for theconsideration of appropriate matters relating to schemes.
B. Subject to any criteria established in the future by theNational Labor-Management Committee, local level schemecommittees will continue operation as presently constituted.
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C. There shall be no annual or periodic schemeexaminations.
Section 9. Computerized Forwarding System
The application of a rotation system for the ComputerizedForwarding System and the subject of fatigue as it pertainsto the Computerized Forwarding System will be consistentwith the requirements of the applicable provisions of thisAgreement.
[see Memo, page 360]
Section 10. Listing of Key and Standard Positions
The Employer will continue to furnish to the Union at thenational level copies of key and standard positionsincluding qualification standards in the Clerk Craft.
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Section 1. Introduction
Section 2. Definitions
Section 3. Seniority
Section 4. Posting
Section 5. Selection Methods
Section 6. Training
Section 7. Special Provisions
ARTICLE 38MAINTENANCE CRAFT
Section 1. Introduction
All craft positions listed in the EL-20l Handbook assignedto the Maintenance Craft shall be under the jurisdiction ofthe Maintenance Craft Division of the American PostalWorkers Union, AFL-CIO.
Section 2. Definitions
A. Maintenance Craft. All employees in maintenancecraft positions for which the Union has secured recognitionat the national level.
B. Installations. A main post office, airport mail centeror facility, terminal, bulk mail center, processing anddistribution center or facility, Maintenance Support andRepair Facility or any similar organizational unit under thedirection of one postal official, together with all stations,branches and other subordinate units.
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C. Duty Assignment. A set of duties andresponsibilities within a recognized occupational group andlevel regularly scheduled during specific hours of duty.
D. Preferred Duty Assignment. A duty assignmentpreferred over the present duty assignment by an employeeeligible to bid for such duty assignment when it is posted forbid. This bidding is done among qualified employees in thesame level and occupational group as the vacant dutyassignment.
E. Service Seniority. Service Seniority is based on totalpart-time or full-time service in the Maintenance Craft,regardless of occupational group and level. It begins with anappointment to the regular part-time or full-time work forcein the Maintenance Craft. An exception is a part-timeregular employee who is converted to a full-time regularposition begins a new period of service seniority. Employeeswho were on the rolls before May 1, 1958, who hadtemporary or indefinite appointments, which continued tocareer appointments, retain seniority credit for combinedtemporary, indefinite and career employment which wascontinuous in the same position designation and installation.
F. Installation Seniority. This seniority is computedfrom entry into the maintenance craft in the installation.It continues to accrue so long as service in themaintenance craft and installation is uninterrupted.
G. Seniority for Preferred Assignments. Thisseniority determines relative standing among regular workforce employees eligible to bid for preferred assignments.
1. Employees who enter into a regular work forceposition in a particular occupational group andlevel prior to June 25, 1992, shall have seniorityfor preferred assignments computed from entryinto regular work force position in a particular
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occupational group and level. It continues to accrueso long as service in the same occupational groupand level, and installation is uninterrupted. Seesection 5.A.3. of this Article for order of placementon preferred assignment registers.
2. Employees who enter into a regular work forceposition in a particular occupational group andlevel on or after June 25, 1992, shall useinstallation seniority for preferred assignments.See section 5.A.3. of this Article for order ofplacement on preferred assignments registers.
H. Occupational Group. In the Maintenance Craft,occupational group shall be determined by positiondesignation and level.
I. Arbitrary. The word arbitrary, when used inArticle 38, shall mean a management initiated,non-disciplinary reassignment of an employee.
Section 3. Seniority
A. Introduction
The U.S. Postal Service and the Maintenance CraftDivision, APWU, AFL-CIO, agree to the following seniorityprinciples which replace all former rules, instructions andpractices. This Section of this Article will continue relativeseniority standings properly established under pastinstructions, rules, and regulations. Provisions of thisSection of this Article shall be so applied in determiningthose relative seniority standings.
B. Coverage
This Seniority Section applies to all regular work forceMaintenance Craft employees when it is necessary for filling
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vacant assignments and for other purposes. No employeesolely by reason of this Article shall be displaced from anassignment he/she gained in accordance with former rules.
C. Responsibility
The installation head is responsible for day-to-dayadministration of seniority. The application of this Articleshall be open to negotiations at the installation level withthe designated agent of the Union.
D. Seniority Lists
A current seniority list shall be posted in each installation.A copy of an updated seniority list shall be furnishedquarterly to the local Union. For each employee, it shallshow:
1. Service seniority.
2. Seniority for preferred assignments.
E. Loss of Seniority
1. Employees who change from one craft to anothershall begin a new period of seniority for preferredassignment.
2. Change from one postal installation to another;except as specified under F and I below, willrequire the start of a new period of seniority forpreferred assignment.
F. Restoration of Service Seniority and Seniority forPreferred Assignments
Except as provided in Article 12, Section 2.B, seniority isrestored as if service had been continuous upon:
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1. Reemployment after Disability Separation. Onreinstatement or reemployment after separationcaused by disability, retirement, or resignationbecause of personal illness and the employee sostated this reason in the resignation and furnishedsatisfactory evidence for inclusion in theemployee's personnel folder, the employee receivesseniority credit for past service for time on thedisability retirement or for illness if reinstated orreemployed in the same installation and in thesame salary level from which separated; providedapplication for reinstatement or reemployment ismade within six months from the date of recovery.The date of recovery in the case of disabilityretirement must be supported by notice of recoveryfrom the Compensation Group, Office of PersonnelManagement, and in the case of resignation due toillness by statement from the applicant's attendingphysician or practitioner.
2. Restoration in the same installation after militaryduty.
3. Restoration to the employee's former position inthe same installation after unwarranted orunjustified separation.
4. Involuntary reassignment to another installation.
5. Arbitrary change in the same installation to alower PS level to the position designation and levelfrom which promoted.
G. Reduction of Seniority for Preferred Assignments
1. If, prior to June 25, 1992, an employee wasvoluntarily or for disciplinary reasons changed toa lower salary level in the same installation and the
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salary level was in the same occupational groupand level from which promoted, seniority isestablished as the employee's former period ofseniority without credit for employment in anyother higher level or levels.
2. If the change was to a lower salary level in thesame installation and the level was other than theoccupational group from which promoted, whetherthe change was for voluntary, arbitrary ordisciplinary reasons, seniority is established as oneday less than the junior regular work forceemployee in that level and occupational group orthe employee's own seniority, whichever is lesser,if the employee was changed to a lower salary levelprior to June 25, 1992.
3. If the change to a lower salary level occurs on orafter June 25, 1992, seniority for preferredassignments shall be determined in accordancewith section 2.F.2 of this Article. See section 5.A.3of this Article for order of placement on preferredassignment registers.
H. Seniority Granted by Law
Employees who are restored to postal duty in compliancewith law or regulation after military training or extendedmilitary duty lose no seniority.
I. Change in Which Seniority is Modified
The seniority for Maintenance Craft employees who arereassigned between installations as the result of a mutualexchange in accordance with applicable provisions of theEmployee and Labor Relations Manual will be establishedfor both employees as that of the junior employee involved.
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J. Seniority for Breaking Ties
When it is necessary to determine the seniority ranking fortwo or more employees who are reassigned or promoted tovacancies in the same occupational group and level in theMaintenance Craft on the same day, the following shall beused to break any tie that might exist:
1. Maintenance Craft Installation Seniority
2. Maintenance Craft Service Seniority
3. Total Maintenance Craft Service
4. Total Postal Career Service
5. Total Postal Service
6. Total Federal Career Civilian Service
7. Numerical by the last 3 or more numbers (usingenough numbers to break the tie, but not fewerthan 3 numbers) of the employee's social securitynumber, from the lowest to highest.
K. Excess Employees
Installation Seniority governs in identifying excessemployees within an occupational group and level.
Section 4. Posting
A. In the Maintenance Craft all vacant dutyassignments shall be filled as follows:
1. When a vacant or newly established dutyassignment is to be filled, the Employer shall postfor a period of seven calendar days, a notice of
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intent that the duty assignment will be filled usingthe appropriate preferred assignment selectionregister and/or promotion eligibility register,except for newly established positions as defined inArticle 1, Section 5. Such positions shall be postedas they are created and assigned to the craft unit. Acopy of the notice of intent shall be furnished to thelocal Union.
In addition, any employee on sick leave or off-sitetraining on the day of posting shall be furnished acopy of any applicable notice of intent. Employeesabsent for annual leave who have requested inwriting, stating their mailing address, shall have acopy of any applicable notice of intent mailed tothem.
When newly established positions as defined inArticle 1, Section 5, are created in an installationor when an established position, for which nopromotion eligibility register has been created, isadded in an installation, the Employer shall post anotice on all official bulletin boards solicitingapplicants for inclusion on the promotioneligibility register.
The notice shall be posted for thirty (30) calendardays. The employees who apply will receive theresults of their application(s) no later than onehundred fifty (150) days from the closing date ofthe application period, provided the applicationshave been properly completed by the applicants.Within fourteen (14) days of the date of the receiptof the promotion eligibility register results, anotice of intent to fill the position shall be postedand the position filled in accordance with theprovisions of Article 38.
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2. All vacant duty assignments shall be posted bynotice of intent within 30 days from when vacancyoccurs. If a duty assignment has not been postedwithin 30 days, the installation head or designeeshall advise the Union in writing as to the reasonsthe duty assignment is being withheld.
3. If the vacant assignment is reverted, a notice shallbe posted within 10 days advising of the actiontaken and the reasons therefor.
4. When it is necessary that fixed scheduled day(s) ofwork in the basic work week for a craft assignmentbe permanently changed, or that the starting timefor such an assignment be changed by 2 or morehours, the affected assignment(s) shall be reposted,by notice of intent. An exception to therequirement to repost an assignment where thechange in starting time is 2 or more hours may benegotiated locally. If the incumbent in theassignment has more seniority for the preferredassignment than the senior employee on thepreferred assignment eligibility register for thoseoff days or hours, the employee may remain in theduty assignment, if the employee so desires.
5. The determination of what constitutes a sufficientchange of duties or principal assignment areas, tocause the duty assignment to be reposted shall be asubject of negotiations at the local level.
B. Place of Posting
The Employer agrees to post on an appropriate bulletinboard the registers of eligible employees when such registersare established.
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C. Information on Notice of Intent
1. The duty assignment by position title and number(e.g., key, standard, or individual position).
2. PS salary level.
3. Hours of duty (beginning and ending).
4. The principal assignment area (e.g., section and/orlocation of activity).
5. Qualification standards, including occupationalcode numbers when such standards and numbersare available.
6. The fixed or rotating schedule of days of work.
7. Physical or other special requirements unusual tothe specific assignments.
Section 5. Selection Methods
A. Preferred Assignment
1. The Employer will maintain and/or establishpreferred assignment selection registers. Duringthe first fourteen days in January of each year anotice advising the employees of the opportunity tosubmit changes in preferred assignment selectionsshall be posted on all official bulletin boards at theinstallation, including stations and branches, toassure that it comes to the attention of allemployees eligible to submit forms.
2. The employee shall indicate preference(s) for anyvacancy that may occur during that year, includingtours and days off. Change in preferred assignment
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selections shall be submitted on or before January31. If requested, an employee will be allowed toreview the preferred assignment registers and theemployee's own preferred assignment selectionform(s). If the employee does not submit a changein preferred assignment selections during thisperiod, existing preferred assignment selectionsshall continue.
3. Newly established or vacant duty assignments shallbe filled by senior employees on the appropriatepreferred assignment registers. The relativestanding for employees on the appropriatepreferred assignment register shall be:
a. employees by preferred assignment seniority
who entered a particular occupational groupand level in an installation prior to June 25,1992, followed by
b. employees by preferred assignment senioritywho entered a particular occupational groupand level in an installation on or after June 25,1992.
4. All vacant or newly established craft dutyassignments shall be filled from a preferredassignment register established on the basis ofassignment selection forms submitted byMaintenance Craft employees.
5. Where a vacant or newly established dutyassignment cannot be filled from an establishedpreferred assignment register, and the assignmentis to be filled by means of a promotion, selectionshall be made from the appropriate promotioneligibility register.
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6. An employee may submit a new or amendedpreferred assignment selection form in thefollowing situations:
a. the employee is promoted;
b. the employee's duty assignment is eliminated;
c. the duty assignment would result in theemployee being assigned closer to theemployee's place of residence;
d. because of substantiated medical or healthreasons whereby continuation in theemployee's present assignment would beharmful;
e. three times during each calendar year, anemployee may submit additional preferredassignment selection forms. The times selectedfor submitting the additional preferredassignment selection forms shall be at theoption of the employee.
7. When a part-time regular employee submits apreferred assignment form for a full-time regularposition within the employee's salary level andoccupational group, the employee will be awardedthe vacant duty assignment before promoting afull-time employee from a lower salary level andoccupational group, or before any lateral transfer,providing that the part-time regular is senior to thefull-time employee in the lower level.
8. Any unassigned employee who fails to submit apreferred assignment selection form, or who failsto be awarded a duty assignment of his choosingmay be assigned to any vacant duty assignment.
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9. Employees shall be notified in writing, within 15calendar days of entering the Maintenance Craftin an installation, that they have 30 days in which toapply for and be placed on the appropriate preferredassignment register.
10. After all employees within an occupational group andlevel have been assigned pursuant to a notice ofintent, consideration for filling the residual vacancywill be given to a higher level qualified employeewho has previously submitted a written request forassignment to a lower level.
11. An employee who is listed on the appropriate registerfor a vacant assignment shall have the right to with-draw a preferred assignment or promotion selection,in writing, at any time, but not later than the closingtime (hour and date) for the posting of the notice ofintent. Such withdrawal, to be effective, should beback-stamped.
B. Promotions
1. The Employer shall continue to maintain allexisting promotion eligibility registers establishedunder the new maintenance selection system to beused for the purpose of filling vacancies inparticular occupational groups and levels. Apromotion eligibility register shall be establishedfor each occupational group and level for whichthere is a position existing or newly authorized inan installation. Registers established under the newmaintenance selection system remain in effectthroughout the life of this Agreement. Promotioneligibility registers developed by other than thenew maintenance selection system shall remain ineffect until such time as new registers are
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established by the new maintenance selectionsystem.
2. The following positions in the Maintenance Craftshall be filled on the basis of seniority (seniorqualified within occupational group and level) inaccordance with the procedures established inSection 5, Article 38.
a. Custodian PS-2 (KP-1)-from any lower level
b. Custodial Laborer PS-3 (SP 6-13)-from anylower level
c. Laborer Materials Handling PS-3 (SP1-11)-from any lower level
d. Elevator Operator PS-3 (KP-2)-from anyequivalent or lower level
e. Elevator Starter PS-4 (SP 6-3)-from ElevatorOperator PS-3 (KP-2)
f. Maintenance Mechanic PS-5 (SP 6087)-fromMaintenance Mechanic PS-4 (SP 6086)
g. Area Maintenance Technician PS-8 (SP 6-77)from Area Maintenance Specialist PS-7 (SP6-78)
3. Lateral transfers, that is, transfers in the same level,but to a different occupational group shall bedetermined in the same manner as promotions.
4. When an occupied position is upgraded on the basisof duties which are added to the position:
a. The incumbent will remain in the upgraded jobprovided the incumbent has been in that job formore than one year. The year of requiredincumbency in the job begins when the duty orduties were added which permitted the job to bereranked.
b. The job will be awarded in accordance with theAgreement if the incumbent has not been in thejob more than one year since the date when theduty or duties were added which later permittedthe job to be reranked.
5. To fill a vacant duty assignment at levels PS-6 andabove, a notice of intent will be posted to fill thevacancy and all residual vacancies using thepreferred assignment eligibility registers and/orpromotion eligibility registers, as necessary, until a
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level PS-5 Maintenance Craft vacancy occurs. Tofill a vacant duty assignment at levels PS-4 andPS-5 a notice of intent will be posted to fill thevacancy and all residual vacancies using thepreferred assignment eligibility registers and/orpromotion eligibility registers, as necessary, until alevel PS-3 vacancy occurs. To fill a vacant dutyassignment at levels PS-3 and below, a notice ofintent will be posted to fill the vacancy and allresidual vacancies using the preferred assignmentregisters and/or promotion eligibility registers.
6. Employees shall be notified in writing within 15calendar days of entering the Maintenance Craftin an installation, that they have 30 days in whichthey may request to be placed on the appropriatepromotion eligibility registers. The employees whoapply will receive the results of their application(s)no later than one hundred fifty (150) days from thesubmission date of the application, provided theapplications have been properly completed by theapplicants.
7. Every three years, during the month of March,beginning with March 1, 1997, maintenance craftemployees who are not on a promotional eligibilityregister(s), may apply for inclusion on theappropriate promotional eligibility register(s).Notification will be posted on the bulletin board onor before March 1st of the open season year. Theemployees who apply will receive the results of theirapplication(s) no later than one hundred fifty (150)days from March 31, provided the applications havebeen properly completed by the applicants.
8. a. The Employer will convert to banded scores allachieved scores for maintenance craft positionsand will list all successful applicants for such
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positions on promotional eligibility registers inorder of their banded scores. To determine thesuccessful applicants' banded scores, theEmployer will apply fixed 5-point bands tosuccessful applicants' achieved scores of 70.1and above and fixed 2-point bands to candidates'achieved scores below 70.1. For scores of 70.1and above, the fixed 5-point bands will be:
95.1-10090.1- 9585.1- 9080.1- 8575.1- 8070.1- 75
For scores below 70.1, the fixed 2-point bands willbe 68.1-70, 66.1-68, 64.1-66, 62.1-64, etc. TheEmployer will convert all achieved scores withineach band to the highest score within that band. Forexample, all achieved scores between and including70.1 and 75 will become banded scores of 75.
b. Where the achieved score is calculated withrespect to a 200-point range, the score shall bedivided by two before applying the bandingprinciples in section 5.B.8.a. of this Article.Where the achieved score is calculated withrespect to any other range that is not a 100-pointrange, the score shall be converted in a similarfashion.
c. Where the application of the foregoing bandingrules creates ties among successful applicants,the Employer will rank tied successful applicantsin the seniority order specified in Article 38.3.J.of the National Agreement.
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d. Section 5.B.8. of this Article does not apply tomaintenance craft positions governed by section5.B.2. of this Article when those positions arefilled on the basis of seniority (senior qualifiedwithin occupational group and level).
C. Successful Applicant(s)
1. Within 8 days after the closing of the original noticeof intent to fill a vacancy, the installation head shallpost a notice stating the successful applicant and theapplicant's seniority date.
2. The successful applicant shall be placed in the newassignment within 14 days after the announcementof the successful applicant. Normally, the successfulapplicant shall work the duty assignment as posted.
3. An exception to 1 and 2 above shall be when thenotice of intent has stated that promotion iscontingent upon satisfactory completion of training.In these cases, within 14 days the applicant shall bereassigned as an unassigned regular in his/hercurrent occupational group and level. The employeeshall be placed in a detail assignment on the tourand non-scheduled days in the occupational groupand level of the duty assignment for which thetraining is intended. For the duration of the detailassignment, the employee will be treated as ifpromoted to that position. Upon satisfactorycompletion of the required training or one (1) yearfrom the date detailed, whichever occurs first, theemployee shall be declared the successful applicantand promoted with a preferred assignment senioritydate determined according to Section 2.F.2. of thisArticle.
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4. In the event the employee fails to completesatisfactorily the required training discussed inparagraph 3, the employee shall remain as anunassigned regular in his/her current occupationalgroup and level.
D. Promotion Eligibility Update
Upon notification from an employee of the acquisition ofnew or additional training, education, or experiencepertinent to the qualifications for the position, the Employerwill request from NTAC the necessary testing materialwithin 7 calendar days of receipt of such notification. Theemployer shall have an additional 30 days to complete theupdate process. Such employee notification must befurnished within thirty (30) days of the acquisition of suchadditional training, education, or experience. The promotioneligibility register shall not be updated during the period oftime a vacant position is in the process of being filled.Employees shall be listed on this register in order ofqualifications, and all positions for promotion shall beawarded to the best qualified applicants, except thosepositions set forth in Section 5.B.2 of this Article.
Section 6. Training
A. Maintenance Training
1. All Maintenance Craft job training opportunities inlevels 1 through 7, will be offered first to the seniorqualified volunteer within the occupational group,level and tour where the need for the skills exists.
For Maintenance Craft job training in levels 8, 9,and l0 the employee selected will be chosen fromamong volunteers within the occupational group,level and tour where the need for the skills exist.The Employer may choose not to select a volunteer
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who has attended training for 6 or more weeksduring the previous 12 months.
2. As soon as approved training allocations arereceived at the installation, advance written noticeswill be published soliciting volunteers. A list ofthose volunteers shall be posted and a copyfurnished to the local Union.
3. Only when there are no qualified volunteers asprovided for in 1 above, will involuntary selectionsbe made for training.
4. Employees selected for off-site training will be givenas much advance notice as is reasonably possible.
5. Upon completion of a training course of two (2) ormore weeks duration, which includes mailprocessing equipment maintenance as part of itscurriculum, an employee may be placed in a dutyassignment for which the training was intended.The employee may be required to remain in such anassignment for a period of three (3) months. For atraining course of three (3) or more weeks duration,the employee may be required to remain in such anassignment for a period of six (6) months. For atraining course of six (6) or more weeks duration,the employee may be required to remain in such anassignment for a period of nine (9) months. Theabove applies unless:
a. the employee advances to an assignment inhigher level;
b. the duty assignment is eliminated;
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c. because of substantiated medical or healthreasons whereby continuation in the assignmentwould be harmful to the employee; or
d. the employee has been required to remain insuch an assignment(s) for twelve (12)cumulative months during the life of thisAgreement.
6. The Union, at the national level, will be furnishedannually a copy of the yearly allocation of trainingbillets.
Section 7. Special Provisions
A. Tools
The Employer will provide adequate tools, tool kits, andequipment on a charge-out basis to those employees whorequire such items for the performance of their assignedfunction. Where the Employer determines the tools areobsolete, such tools will be recalled and removed from theemployee's accountability. Under no circumstances will theemployee be required to use personal tools and equipment.Where necessary, the Employer will provide training on theuse of required tools and equipment.
B. Overtime
An overtime desired list in the Maintenance Craft shall beestablished for each occupational group and level showingspecial qualifications where necessary.
C. Relief Assignments
1. When management determines that work coverageis necessary, relief assignments in the MaintenanceCraft may be established only to provide coveragefor absences of five working days or more for
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scheduled annual leave, sick leave, military leave,court leave, employee requested leave withoutpay, and national off-site and on-site, or contractorsupplied training programs.
2. Relief assignments, which shall be kept to aminimum, will be posted by a notice of intentwhich, in addition to the information required inSection 4.C (Information on Notice of Intent), willalso show the days and hours of the specific dutyassignment(s) being relieved.
D. Full-time regular Maintenance Craft employees areentitled to bid on the positions of Examination Specialist SP2-188 and Vehicle Operations-Maintenance Assistant SP2-195.
E. Non-Bargaining Position Detail
Maintenance employees temporarily detailed to anon-bargaining unit position are ineligible to accept anypreferred duty assignment(s) while so detailed. However,nothing contained herein shall be construed to preclude suchtemporarily detailed employees from voluntarily terminatinga non-bargaining unit detail and returning to their craftposition. Upon return to the craft position, such employeesare eligible to accept any preferred duty assignment(s) forwhich they have properly bid.
The duty assignment of a full-time maintenance employeedetailed to a non-bargaining unit position, including anon-bargaining unit training program, in excess of four (4)months shall be declared vacant and shall be posted andfilled in accordance with the provisions of this Article. Uponreturn to the Maintenance Craft, the employee will becomean unassigned regular. An employee detailed to anon-bargaining unit position will not be returned to the craftsolely to circumvent the intent of this provision.
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Form 1723, Notice of Assignment, shall be used in detailingemployees to temporary non-bargaining unit positions. Theemployer will provide the Union at the local level a copy ofForm(s) 1723 showing the beginning and ending time anddate of all such details.
Employees detailed to non-bargaining unit positions are notentitled to outside of schedule overtime (premium).
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Section 1. Seniority
Section 2. Posting
Section 3. Special Provisions
ARTICLE 39MOTOR VEHICLE CRAFT
Section 1. Seniority
A. Introduction
1. The U.S. Postal Service and the Motor VehicleCraft Division, APWU, AFL-CIO, agree to thefollowing seniority principles which replace allformer rules, instructions and practices.
2. This Article continues relative seniority standingsproperly established under past instructions, rules,practices and agreements and this Article shall beso applied. Seniority standings so established shallnot be changed except to correct an error. If anemployee requests a correction of senioritystanding, it is the responsibility of the requestingemployee to identify and restate the specificinstructions, rule or practice in support of therequest.
3. Service seniority is based on total part-time orfull-time service in the Motor Vehicle Craftregardless of occupational codes and levels. Itbegins with an appointment to the regular workforce in the Motor Vehicle Craft.
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B. Seniority for Preferred Assignments
1. This seniority determines relative standing amongfull-time regular and full-time flexible employeeseligible to bid for preferred assignments. It iscomputed from entry into a regular work forceposition in a particular occupational group andlevel. It continues to accrue as long as service inthe same occupational group, level, and installationcontinues. See B5 and B6 below.
2. Employees who change, or have changed, from onedesignation to another and who during continuousemployment in the Motor Vehicle Service and inthe same installation return to the former positiondesignation and salary level regain the senioritythey had in that position, without seniority creditfor intervening employment in other positiondesignations, except as provided for in paragraphs4, 5 & 6 below.
3. Except as specifically provided for elsewhere inthis Agreement, full-time regulars, upon enteringthe Motor Vehicle Craft from another craft orinstallation, begin a new period of seniority.
4. When two or more employees in the sameinstallation, salary level, and position designationhave seniority for preferred assignments from thesame date, the tie will be broken as follows:
a. By standing on the part-time flexible rollwhen both were appointed as a part-timeflexible in the same installation, positiondesignation, and salary level.
b. By total length of full-time regular orpart-time flexible Motor Vehicle Service in the
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installation if the tie is not broken by thepreceding rule.
c. By total career Motor Vehicle Service timein the USPS if the tie is not broken by thepreceding rule.
d. When a Motor Vehicle Service employee'scasual appointment is converted to a careerappointment the same day there is a newcareer appointment, reinstatement,reassignment, transfer or promotion to thesame salary level and position designation, theconverted employee is senior and precedes theother on the part-time flexible roll.
e. When two or more employees from othercrafts enter the Motor Vehicle Craft on thesame date, their seniority will be determinedby their total continuous postal service.
f. If the provisions of a. through d. above do notbreak the tie, then the tie will be broken byusing the last three or more numbers (usingonly enough numbers to break the tie, but notfewer than three numbers) of the employees'social security numbers, from lowest tohighest.
5. Seniority is restored under the followingconditions:
a. Reemployment After Disability Separation.On reinstatement or reemployment afterseparation caused by disability, retirement orresignation because of personal illness and theemployee so stated in his resignation andfurnished satisfactory evidence for inclusion in
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his personnel folder, the employee receivesseniority credit for past service for the time onthe disability retirement or for illness ifreinstated or reemployed in the same postalinstallation and craft and in the same or lowerPS salary level from which originallyseparated; provided application forreinstatement or reemployment is made withinsix months from the date of recovery. The dateof recovery in the case of disability retirementmust be supported by notice of recovery fromthe Bureau of Retirement Insurance andOccupational Health, Office of PersonnelManagement, and in the case of resignationdue to illness, by a statement from theapplicant's attending physician or practitioner.When reinstatement is to the part-time flexibleroll, standing on the roll shall be the same asif employment had not been interrupted by theseparation.
b. Restoration. On restoration in the same craftin the same installation after return frommilitary service, transfer under letter ofauthority or unjust removal, an employee shallregain the same seniority rights such employeewould have if not separated.
c. Reassignment and Return in 90 Days. Afull-time regular or part-time flexibleemployee, voluntarily reassigned from onecraft to another or from one occupational codeto another within the motor vehicle craft at thesame installation with or without change in PSsalary level, who is voluntarily reassignedwithin 90 days back to the former craft,position designation, and salary level, oroccupational code within the motor vehicle
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craft retains seniority previously acquired inthe craft augmented by the interveningemployment.
6. Motor Vehicle Operators and Tractor-TrailerOperators:
a. Full-time regular tractor-trailer operatorsbidding for PS-6 tractor-trailer assignmentsshall be assigned before posting any vacantlevel 6 assignment for bids by full-timeregular level 5 operators.
b. Remaining PS-6 tractor-trailer assignmentsshall be filled by promoting the seniorqualified PS-5 motor vehicle operator whobids.
c. A PS-6 tractor-trailer operator may bid incompetition with a PS-5 motor vehicleoperator for a PS-5 motor vehicle operatorassignment.
d. Seniority for preferred assignments is retainedupon change from a motor vehicle operator toa tractor-trailer operator, or the reverse.
e. For purposes of conversion to full-time,part-time flexible Motor Vehicle Operatorswill be placed together with part-time flexibleTractor-Trailer Operators (TTO) on the sameRoll. When the opportunity for conversion toa vacant TTO position exists, the senior TTOqualified part-time flexible, regardless of level,will be converted and placed into the vacantfull-time position. When the opportunity forconversion to a vacant Motor VehicleOperator position exists, and the senior
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part-time flexible is a Motor Vehicle Operator,he/she will be converted and placed into theposition. If the senior part-time flexible is aTractor-Trailer Operator, he/she will be giventhe option of accepting the conversion. If theconversion is declined, the next seniorpart-time flexible will be converted (if theemployee is a Motor Vehicle Operator) or willbe given the option (if the employee is aTractor-Trailer Operator). This procedure willcontinue until the position is filled or until allpart-time flexibles on the list have beenconsidered.
7. Motor Vehicle Operations New in Installation.In an installation which has had no motor vehicleoperations assignment, any such newly establishedmotor vehicle operator or tractor-trailer operatorassignments shall be awarded to qualified vehiclemaintenance service applicants who are employedin the same installation. The provisions of Article12, Section 5.C.7, shall be complied with beforeapplication of this paragraph.
8. When tractor-trailer assignments are established,motor vehicle operators who are not qualified todrive tractor-trailers, will be given on-the-clocktraining, starting with the senior motor vehicleoperator.
9. When filling Motor Vehicle Craft assignmentsother than those identified in 2.A.11 below, theservice seniority of Motor Vehicle Craft employeeswho submit an application and meet thequalification standards established for that positionwill be considered in keeping with the provisionsof Article 33.
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10. Auxiliary garages beyond the normal commutingarea of the home Vehicle Maintenance Facilityshall be treated as independent facilities for thepurposes of administering this Agreement, exceptfor the application of the provisions of Article 1,Section 6; Article 7, Section 3; and Article 8,Section 8.
11. Changes in Which Seniority is Modified. Mutualexchanges may be made only between full-timeMotor Vehicle Service employees who are the samelevel and have the same occupational code. Theseniority for Motor Vehicle Craft employees, who arereassigned between installations as a result of amutual exchange in accordance with applicableprovisions of the Employee and Labor RelationsManual (ELM), will be established for bothemployees as that of the junior employee involved.
C. Definitions
1. Position Designation. In the Motor Vehicle Craft,position designation shall be determined byoccupation code and level.
2. Craft Group. The craft group is composed ofthose positions for which the Union has securedrecognition at the national level.
3. Application. A written request by a full-timeMotor Vehicle Craft employee for consideration foran assignment for which such employee is notentitled to submit a bid.
4. Bid. A written request submitted to the installationhead to be assigned to a duty assignment by afull-time Motor Vehicle Craft employee eligible tobid on a vacancy or newly established duty
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assignment. In offices where alternative biddingprocedures have been established, bids, exceptthose in 39.2.A.6 & 7, may be submitted, at theemployee's option, by telephone orelectronically.
5. Duty Assignment. A duty assignment is a set ofduties and responsibilities within recognizedpositions regularly scheduled during specific hoursof duty.
6. Preferred Duty Assignment. Any assignmentpreferred by a full-time regular.
7. Eligible Bidder. Full-time Motor Vehicle Craftemployees are eligible to bid only within the MotorVehicle Craft in the same installation, salary level,and position designation (except as specificallyprovided for in Section 2.A.11). When there are nosuccessful bidders from the position designation ofthe vacant assignment, the assignment shall befilled in accordance with Section 2.A.11.
8. Abolishment. A management decision to reducethe number of occupied duty assignments in anestablished section and/or installation.
9. Residual Vacancy. A duty assignment thatremains vacant after the completion of thevoluntary bidding process.
D. Excess Employees
Length of full-time regular or part-time flexible service(service seniority) in the Motor Vehicle Craft in the sameinstallation governs in identifying excess employees withina position designation.
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E. Responsibility
The installation head is responsible for day-to-dayadministration of seniority. The application of this Articleshall be open to negotiation at the installation level with theUnion.
F. Seniority List
A current seniority list shall be posted in each installation.A copy of the updated seniority list shall be made availableto the local Union. For each employee, it shall show:
1. Service Seniority
2. Seniority for preferred assignments
G. Transfer From Other Installation
1. When it is proposed to open a new facility, prior toManagement hiring new employees in the MotorVehicle Craft, all requests for transfer of MotorVehicle Craft employees from other installationsshall be given first consideration.
2. Consideration will be given for transfers to fillMotor Vehicle Craft vacancies at establishedinstallations to those qualified employeesrequesting transfers, where it has been determined,that no employees qualified to bid, or desiring theposition are available at the completion of theposting period.
H. Multi-Craft Positions
All level 5 and 6 full-time regular Motor Vehicle Craftemployees are eligible to bid for the positions of
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Examination Specialist (SP 2-188) and VehicleOperations—Maintenance Assistant (SP 2-195).
I. Vacation Scheduling
Part-time flexible motor vehicle operators (PS-5 and PS-6)may exercise their preference by use of their seniority forvacation scheduling.
J. Temporary Holddowns
Consistent with the following provisions, unassignedfull-time regular, full-time flexible and part-time flexibleTractor-Trailer Operators (SP 5-22; PS-6) and MotorVehicle Operators (SP-l0; PS-5) may, in seniority order,exercise a preference for an assignment temporarily vacantfor an anticipated duration of ten (l0) days or more.
1. The employees utilizing their seniority to select atemporary holddown assignment as above, shallwork that assignment for its duration unless: theyare otherwise assigned to a permanent dutyassignment; it is clearly demonstrated that theemployee cannot perform the assignment; theassigned work being performed by a part-timeflexible in accordance with the above is needed toprovide a full-time employee work to satisfy the8-hour work guarantee; or unless that individual isotherwise needed to fill a vacant assignment forwhich there are no qualified employees.
2. The assignment for which employees exercise apreference must be (a) one for which they arequalified, (b) at the unit to which the employee isassigned, and (c) for full-time employees, on thesame tour to which they are assigned. Employeeson detail, holddown, absent and/or on any type of
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leave at the time of the temporary holddownbidding will be considered as being unavailable.
3. The posting and awarding of temporary holddownbids shall not exceed 72 hours.
4. Selection of a part-time flexible for a holddownassignment in no way modifies the part-timeflexible's employment status as to benefits andrights under the National Agreement not otherwisemodified as above.
5. All present and existing procedures for fillingtemporarily vacant motor vehicle assignments atthe local level are automatically negated in favor ofthe foregoing holddown procedure.
Section 2. Posting
A. Vacant Motor Vehicle Craft duty assignmentsshall be posted as follows:
1. All vacant or newly established craft dutyassignments shall be posted or reverted within 28days. When an assignment is reverted, a noticeshall be posted immediately, indicating the actiontaken and the reason therefor. The local Unionshall be given a copy of the notice.
2. When it is necessary that fixed scheduled day(s) ofwork in the basic work week for a craft assignmentbe permanently changed, the affectedassignment(s) shall be reposted.
3. The determination of what constitutes a sufficientchange of duties, or principal assignment area, tocause the duty assignment to be reposted shall be asubject of negotiation at the local level.
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4. No assignment will be posted because of change instarting time unless the change exceeds two hours.Whether to post or not is negotiable at the locallevel, if it exceeds two hours.
5. An unassigned full-time employee may bid on dutyassignments posted for bid by employees in thecraft. If the employee does not bid or is theunsuccessful bidder, such employee shall beassigned in any residual duty assignment withinthe same position designation. When there is morethan one residual vacancy, the vacancies shall beoffered to the unassigned full-time employeesbeginning with the senior employee and theirpreference shall be honored. If additional vacanciesstill exist after all available full-time regulars havebeen assigned to residual vacancies, full-timeflexible employees will be assigned to suchvacancies in the same manner as provided above.If there are more unassigned full-time employeesand/or full-time flexible regular employees thanvacancies, seniority will be honored for preferencesand involuntary assignments will be made byjuniority, if necessary.
6. When requested by the Union, all full-time regularMotor Vehicle Operator, Tractor-Trailer Operatorand Vehicle Operator Assistant-Bulk Mail craftassignments shall be posted for bid once eachcalendar year.
7. All full-time regular Motor Vehicle MaintenanceCraft duty assignments may be posted for bid onceeach calendar year upon mutual agreement betweenthe parties at the local level. Absent such localagreement, Motor Vehicle Maintenance Craft dutyassignments shall be posted for bid every secondcalendar year, when requested by the Union.
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8. Employees bidding pursuant to 6 or 7 above, maybid only those duty assignments that have thesame position designation.
9. Currently qualified part-time regular employeesare eligible to be considered for reassignment toresidual vacancies as a result of the applicationof 6, 7 and 8 above. To be eligible forconsideration, the part-time regular employeemust be senior to the senior part-time flexibleemployee.
10. Motor Vehicle Craft employees temporarilydetailed to a nonbargaining-unit position may notbid on vacant motor vehicle craft duty assignmentswhile so detailed. However, nothing containedherein shall be construed to preclude suchtemporarily detailed employees from voluntarilyterminating a nonbargaining-unit detail andreturning to their craft position. Upon return to thecraft position, such employees may exercise theirright to bid on vacant motor vehicle craft dutyassignments. The duty assignment of a full-timemotor vehicle craft employee detailed to anonbargaining-unit position, including anonbargaining-unit training program in excess offour months shall be declared vacant and shall beposted for bid in accordance with this Article.Upon return to the craft, the employee will becomean unassigned regular. A motor vehicle craftemployee temporarily detailed to anonbargaining-unit position will not be returned tothe craft solely to circumvent the provisions ofSection 2.A.10 Form 1723, Notice of Assignment,shall be used in detailing motor vehicle craftemployees to temporary nonbargaining-unit po-sitions. The Employer will provide the Union atthe local level with a copy of Form(s) 1723
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showing the beginning and ending of all suchdetails. Employees detailed to nonbargaining-unitpositions are not entitled to out-of-schedulepremium.
11. Residual vacancies for the following positions areto be filled by the senior qualified bidder, from theappropriate position(s) as herein indicated. Exceptfor Motor Vehicle Operator and Tractor-TrailerOperator assignments, total service seniority in theMotor Vehicle craft will be used by employeeswhen bidding to assignments in a different positiondesignation.
12. When the opportunity for conversion to aresidual full-time vacancy, other than a MotorVehicle Operator (MVO) or Tractor TrailerOperator (TTO) position exists, the part-timeflexible within the same occupational group andgrade as the vacancy, will be given theopportunity to accept or decline conversion intothe assignment. Declinations must be in writing.If no part-time flexible employee accepts,management may convert the senior part-timeflexible employee, from the same occupationalgroup and grade, and place him/her into theresidual vacancy, or fill the residual vacancy byother means.
B. Place of Posting
1. The notice inviting bids for a craft assignment shallbe posted on all official bulletin boards at theinstallation where the vacancy exists, where vehicleoperations and/or maintenance employees work so as
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to assure that it comes to the attention of allemployees eligible to submit bids. Copies of thenotice shall be given to the Union. When an absentemployee has so requested in writing, and provideda personal mailing address, a copy of any noticeinviting bids from the craft of the employee shallbe mailed to the employee by the installation head.
2. Posting and bidding for preferred duty assignmentsshall be installation-wide without exception.
C. Length of Posting
The notice shall remain posted for 10 calendar days, unlessa different length for the posting period is established bylocal negotiation.
D. Information on Notices
Information shall be as shown below and shall bespecifically stated:
1. The duty assignment by position title and number(e.g., key, standard, or individual position).
2. PS salary level.
3. Hours of duty (beginning and ending).
4. The principal assignment area (e.g., section and/orlocation of activity).
5. Qualification standards, including ability to drivecertain types of vehicles such as tractor-trailer andoccupational code number when such standardsand numbers are available.
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6. Physical requirement unusual to the specificassignment.
7. Invitation to employees to submit bids.
8. The fixed or rotating schedule of days of work, asappropriate.
9. Motor vehicle and tractor-trailer route numbers (acopy of the schedule should be made available tointerested employees).
10. All bids in the Motor Vehicle Craft are to besubmitted first by Motor Vehicle Craft employeeson a standard bid form. If such bid form is notavailable, a bid submitted in writing is acceptable.In those offices where alternative bidprocedures have been established, bids (exceptin 39.2.A.6 & 7), may be submitted at theemployee's option by telephone or electronically.An employee who has submitted a standard bidform or written bid may withdraw the bid at anytime before the closing date and/or time of posting,provided the withdrawal is submitted in writingand is back-stamped. Bids submitted throughalternative bidding procedures may bewithdrawn before the closing date utilizing theautomated procedures.
E. Successful Bidder
1. Within 10 days after the closing date for theposting (including December), the installationhead shall post a notice stating the successfulbidder and his seniority date. The senior qualifiedbidder meeting the qualification standardsestablished for that position shall be designated the"successful bidder."
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2. The successful bidder must be placed in the newassignment within 21 days except in the month ofDecember. The local agreement may set a shorterperiod.
3. Normally, the successful bidder shall work the dutyassignment as posted.
Section 3. Special Provisions
A. The Employer will provide adequate tools, tool kits,and equipment on a charge-out basis to those employeeswho require such items for the performance of theirassigned functions. The Employer will seek the advice of theUnion at the national level in determining adequacy and/orobsolescence of the tools to be provided. Where tools aredetermined to be obsolete they will be recalled and removedfrom the employee's accountability. Replacement tools maybe purchased locally by the Fleet Manager, who will seekthe advice of the local Union in determining the adequacyof the tools to be furnished.
B. In the interest of safety and health and otherappropriate considerations, properly certified nationalrepresentatives of the Union will be given an opportunity toexamine and comment on new type vehicles during thedevelopmental stage.
C. Any time that tool kits or lockers of employees are tobe inspected, the Employer agrees that, except in matterswhere there is reasonable cause to suspect criminal activity,a steward or the employee shall be given the opportunity tobe present at any inspection of employees' lockers. For ageneral inspection where employees have had priornotification of at least a week, the above is not applicable.
D. All motor vehicle craft positions listed in the P-1Handbook, designated to the motor vehicle craft, shall be
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under the jurisdiction of the Motor Vehicle Division of theAmerican Postal Workers Union, AFL-CIO.
E. When filling details to bargaining unit work in theMotor Vehicle Craft the Employer shall give firstconsideration to the assignment of available and qualifiedmotor vehicle craft employees from the immediate workarea in which the detail exists.
F. Employees eligible for night differential whoparticipate in on-the-clock training will be paid theapplicable differential they would have earned for servicenormally scheduled between 6 p.m. and 6 a.m. had they notbeen temporarily rescheduled by management to attend suchtraining.
G. To improve the comfort level in existing U.S. PostalService bulk mail hauling and service vehicles, directionalfans will be installed in the driver compartment during thelife of the collective-bargaining agreement.
H. Training for motor vehicle maintenance employeeswill be provided on a fair and equitable basis in accordancewith service needs. First consideration will be given to thoseemployees who volunteer for such training.
I. All hiring announcements for TTO positions will beposted on the official bulletin board at the installation wherethe vacancy exists, where vehicle operations and/ormaintenance employees work. Such announcements will beposted until the closing date specified in the announcementfor submitting applications.
J. The union, at the national level, will be allowed"read only" access to the automated enrollment systemfor the vehicle maintenance training billets.
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241
ARTICLE 40RESERVED
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Section 1. Definition
Section 2. Seniority
Section 3. Posting
Section 4. General Provisions
ARTICLE 41MATERIAL SUPPORT CRAFT
Section 1. Definitions
A. Duty Assignment. A duty assignment is a set ofduties and responsibilities within a recognized positionregularly scheduled during specific hours of duty.
B. Preferred Duty Assignment. A preferred dutyassignment is an assignment preferred by a full-timeemployee.
C. Bid. A written request submitted to the installationhead to be assigned to a duty assignment by a full-timeemployee eligible to bid.
D. Application. A written request by an employee forconsideration for an assignment for which the employee isnot entitled to submit a bid.
E. Abolishment. A management decision to reduce thenumber of occupied duty assignment(s) in an establishedsection or installation.
F. Reversion. A management decision to reduce thenumber of positions in an installation when such position(s)is/are vacant.
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G. Residual Vacancy. The position that remains vacantafter the completion of the voluntary bidding process.
H. Conversion. The act of changing the status of apart-time flexible employee to full-time by appropriatepersonnel action (Form 50).
Section 2. Principles of Seniority
A. Introduction
1. The Employer and the Union agree to thefollowing seniority principles which replace allformer rules, instructions, and practices.
2. This Article will continue relative senioritystandings properly established under pastprinciples, rules, and instructions and theAgreement shall be so applied. If an employeerequests a correction of seniority standing, it is theresponsibility of the requesting employee toidentify and restate the specific instructions, rule,or practice in support of the request.
B. Coverage
No employee, solely by reason of this Article shall bedisplaced from an assignment gained in accordance withformer rules.
C. Responsibility
The installation head shall be responsible for theadministration of seniority. A current seniority list shall beposted on official bulletin boards following the effective dateof this Agreement and a copy of the seniority list shall befurnished to the Union. Thereafter, changes to the seniority
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list shall be made only when they occur and a copy of suchchanges will be provided to the Union.
D. Application of Seniority
All bargaining unit employees in an installation shallconstitute, for seniority purposes, a single unit.
1. Seniority for Employees
This seniority determines the relative standingamong full-time employees. Seniority forbargaining unit employees is computed from dateof transfer to, or appointment in the installationand continues to accrue so long as service in theinstallation is uninterrupted, except as otherwiseprovided herein.
2. Seniority Tie Breaker
Except as otherwise provided for in this Article,when it is necessary to resolve a tie in senioritybetween two or more Material Support Craftemployees, the following criteria shall apply in theorder set forth below:
a) Total continuous postal career service in theMaterial Support Craft within theinstallation.
b) Total postal career service in the MaterialSupport Craft within the installation.
c) Total postal career service in the MaterialSupport Craft.
d) Total postal career service within theinstallation.
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e) Total postal career service.
f) Total postal service.
g) Total Federal service as shown in the servicecomputation date.
h) Numerical by the last 3 or more numbers(using enough numbers to break the tie, butnot fewer than 3 numbers) of the employee'ssocial security number, from lowest to highest.
3. Part-time Flexible Employees
a) Part-time flexible employees are placed on thepart-time flexible roll in the same manner asseniority is determined in Section 2.D.1 & 2above.
b) Part-time flexible employees shall beconverted to full-time in the manner set forthin this section. When an opportunity forconversion to a Material Support Craftposition exists, the vacant assignment shall beposted for application to all part-time flexibleemployees assigned to the installation. Exceptfor those positions filled on a best qualifiedbasis, the senior applicant who meets theminimum qualifications of the vacant positionshall be converted to full-time and placed intothe vacant assignment within 28 days ofbeing identified as the senior applicant whomeets the minimum qualifications of thevacant position.
c) If the opportunity for conversion is to aposition filled on a best-qualified basis, theapplicant who best meets the qualifications of
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the position shall be converted and placed intothe vacant assignment. Applications frompart-time flexible employees shall not beconsidered if sufficient (equal or greaternumber than available assignments) full-timeemployees, meeting the minimumqualifications, apply.
d) The date of career appointment in theinstallation shall be used for vacationscheduling.
E. Changes in Which Seniority is Lost
Except as specifically provided elsewhere in this Agreement,an employee begins a new period of seniority:
1. When the change is at the employee's own requestfrom one installation to another;
2. Upon reinstatement or reemployment;
3. Upon transfer into the Postal Service from anyother Federal agency;
4. Upon a mutual exchange between the employees;or
5. Upon being excessed/surplused from an APWUbargaining unit into the MES or MDC except thatthe employee will retain his/her status of full-timeor part-time.
Article 41.2.F.3
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F. Changes in Which Seniority is Retained, Regainedor Restored
1. Reemployment After Disability SeparationOn reinstatement or reemployment after separationcaused by disability, retirement or resignationbecause of personal illness and the employee sostated in the resignation and furnished satisfactoryevidence for inclusion in the personnel folder, theemployee receives seniority credit for past servicefor time on the disability retirement or for illness ifreinstated or reemployed in the same or lowersalary level, from which originally separated;provided application for reinstatement orreemployment is made within six (6) months fromthe date of recovery. The date of recovery in thecase of disability retirement must be supported bynotice of recovery from the Compensation Group,Office of Personnel Management and in the case ofresignation due to illness, by a statement from theapplicant's physician or practitioner.
2. Restoration
On restoration in the same installation after returnfrom military service, transfer under letter ofauthority, or unjust removal, an employee shallregain the same seniority rights as if not separated.
3. Reassignment and Return in Ninety (90) Days
A career employee, voluntarily reassigned fromone installation to another with or without changein salary level and voluntarily reassigned withinninety (90) days to the former installation regainsseniority previously acquired in the installationaugmented by intervening employment.
Article 41.2.G
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G. Bidding
1. All full-time positions, including higher levelpositions, shall be filled by a full-time employeewho is the senior qualified bidder meeting thequalification standards for the position except forthe following positions, which shall be filled on abest qualified basis:
a. Mail Equipment Shops
Position Number Position Title
SP 7-3 Lockmaker (5)
SP 7-64 Mail Equipment ShopsTechnician (9)
SP 7-42 Machine Operator (A)(6)
SP 7-41 Machine Operator (B) (6)
SP 7-40 Pressman (6)
The position of Senior Lockmaker, SP 7-45, (level6), will be filled on the basis of senior qualifiedfrom the position of Lockmaker, SP 7-3, (level 5).
b. Material Distribution Centers
SP 7-29 Maintenance MechanicGeneral (Level 6)
Customer ServiceClerk (Level 6)
Article 41.2.G.3
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When job vacancies occur in MaintenanceMechanic-General, SP 7-29; or Customer ServiceClerk, employees occupying the same standardposition as the vacant position may bid for thevacancy on the basis of senior qualified, exceptwhen the vacant assignment is being consideredfor reversion or being withheld per Article 12.
The residual vacancy will be posted for applicationunless the vacancy meets one of the exceptions inthe preceding paragraph.
2. The successful bidder selected on the basis ofsenior qualified, shall be placed in the dutyassignment for a period of up to and includingthirty (30) calendar days, excluding days ofabsence on scheduled work days, for the purpose ofdemonstrating the required competency and abilityto perform the work. The Employer may, at anytime during the thirty (30) calendar day period,return the selected employee to the former positionwithout prejudice if it is determined the employeedoes not possess the required competency or abilityto perform the work. In the event the selectedemployee is returned to the former position duringthe qualifying period, the Employer shall selectanother candidate for the position from the originalbid list, if any, who meets the positionqualifications. A determination by the Employer todisqualify a selected employee for incompetency orinability to perform the work shall be subject to theprovisions of the grievance-arbitration procedure.
3. Material Support craft employees detailed to anonbargaining unit position may not bid or applyfor vacant Material Support craft assignmentswhile so detailed. However, nothing containedherein shall be construed to preclude such
Article 41.2.H
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temporarily detailed employees from voluntarilyterminating a nonbargaining detail and returningto their craft position. Upon return to the craftposition, such employees may exercise their rightto bid or apply for vacant craft duty assignments.
The duty assignment of a full-time MaterialSupport craft employee detailed to anonbargaining-unit position, including anonbargaining-unit training program, in excess of4 months shall be declared vacant and shall beposted for bid in accordance with this Article.Upon return to the craft, the employee will becomean unassigned regular. An employee temporarilydetailed to a nonbargaining-unit position will notreturn or be returned to the craft solely to preventthe employee's assignment from being posted forbid. Form 1723, Notice of Assignment, shall beused in detailing craft employees to temporarynonbargaining-unit positions. The employer willprovide the Union at the local level with a copy ofForm(s) 1723 showing the beginning and endingof all such details.
Employees detailed to nonbargaining-unit positionsare not entitled to out of schedule premium.
H. Special Benefits to Certain Veteran Employees
Employees whose names are within reach on an eligibleregister and who lost opportunity for career appointmentbecause of service in the military service after June 30,1950, who subsequently received career appointment, basedon restored eligibility, and were granted the benefits ofPublic Law 121 are entitled to seniority from the date thelower eligible on the same list of eligibles received a careerappointment.
Article 41.2.I.3
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I. Filling Positions Reevaluated
1. When an occupied position is upgraded on thebasis of the present duties:
a. The incumbent will remain in the upgradedjob provided the incumbent has been in thatjob for more than one (1) year.
b. The job will be posted for bid in accordancewith this Agreement if the incumbent has notbeen in the job for more than one (1) year.
2. When an occupied position is upgraded on thebasis of duties which are added to the position:
a. The incumbent will remain in the upgradedjob provided the incumbent has been in thatjob for more than one (1) year. The year ofrequired incumbency in the job begins whenthe duty or duties were added which permittedthe job to be reranked.
b. The job will be posted for bid in accordancewith this Article if the incumbent has not beenin the job in accordance with 2.a. above.
3. When Management places automatic equipment inan installation and an employee is assigned tooperate the equipment, the time the employeespends on this job before it is ranked andestablished shall be counted as incumbency in theposition for the purpose of being upgraded orassigned.
Article 41.3.A
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Section 3. Principles of Posting
A. Newly established and vacant duty assignmentsshall be posted as follows:
1. All newly established duty assignments within thebargaining unit shall be posted for full-timebargaining unit employees eligible to bid withintwenty-eight (28) days. All vacant dutyassignments shall be posted within twenty-eight(28) days unless such vacant duty assignments arereverted or where such vacant duty assignment isbeing withheld pursuant to Article 12, Section5.B.2. The duties of a vacant assignment will notbe segmented solely to avoid the posting orreversion of a vacant position.
2. When a vacant position is under consideration forreversion, the local union president will be givenan opportunity for input prior to a decision. Thedecision to revert or not to revert the position shallbe made not later than twenty-eight (28) days afterit becomes vacant and if the vacant assignment isreverted, a notice shall be posted advising of theaction taken and the reasons therefor.
3. When it is necessary that fixed scheduled day(s) ofwork in the basic work week for an assignment bepermanently changed, the affected assignment(s)shall be reposted.
4. No assignment will be posted because of a changein starting time unless the change exceeds one (1)hour. Whether to post or not is negotiable at thelocal level if it exceeds one (1) hour.
5. Change in duty assignment as specified below, willrequire reposting:
Article 41.3.B
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a. A fifty percent (50%) change in actual dutiesto be performed.
b. A change in principal assignment area whichrequires reporting to a different physicallocation, i.e., building, facility, etc., except theincumbent shall have the option to accept thenew assignment.
6. The installation head shall establish a method forhandling multiple bidding on duty assignmentswhich are simultaneously posted.
7. An employee may withdraw a bid on a postedassignment, if the withdrawal request is received inwriting prior to the closing date of the posting.
8. An unassigned employee may bid on dutyassignments posted for bid. An unassignedemployee may be assigned to any vacant dutyassignment; however, if more than one (1) vacantduty assignment is available, the unassignedemployee shall be given a choice of assignmentbased upon the employee's seniority provided,however, the employee is qualified to perform theduties and responsibilities of the assignmentselected.
9. All bids are to be submitted on a standard bidform. In the absence of a standard bid form, a bidsubmitted in writing shall be accepted.
B. Place of Posting
Bids for an assignment shall be posted on all official bulletinboards at the installation where the vacancy exists. Copiesof the notice shall be given to the designated Unionrepresentative. When an absent employee has so requested
Article 41.3.C
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in writing, providing a mailing address, a copy of any noticeinviting bids shall be mailed to the employee by theinstallation head. Posting and bidding for preferred dutyassignments shall be installation-wide unless otherwisespecified.
C. Length of Posting
The notice shall remain posted for ten (10) days.
D. Information on Notices
1. The duty assignment (as defined above in Section1.A, if applicable) by position title and number,e.g., key, standard or individual position.
2. Salary level.
3. Hours of duty (beginning, ending).
4. The principal assignment area, e.g., section and/orlocation of activity.
5. Qualification standards and occupational codenumber.
6. Physical requirement(s) unusual to the specificassignment (heavy lifting, etc.).
7. Invitation to employees to submit bids.
8. The scheduled days of work.
9. Date of posting and time.
Article 41.3.E.3
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E. Successful Bidder.
1. Within ten (10) days after the closing date of theposting, the installation head shall post a noticestating the name and seniority of the successfulbidder. The senior qualified bidder meeting thequalification standards established for that positionor the best qualified selection, if applicable, shallbe designated the “successful” bidder.
2. The successful bidder must be placed in the newassignment no later than twenty-eight (28) daysafter the date of notification of selection asprovided in E.1. above.
3. Ninety (90) Day Work Requirement
An employee who is placed in any of the vacantduty assignments other than Customer ServiceClerk duty assignments, in accordance with thisSection shall be required to work that dutyassignment for a period of no less than ninety (90)days, unless exercising a bid:
a. to a similar assignment with different days orhours of duty;
b. to a job in a higher level;
c. due to elimination or reposting of the dutyassignment; or
d. because of substantiated medical or healthreasons, whereby continuation would beharmful to the employee.
Article 41.3.F
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4. An employee who is placed in any vacantCustomer Service Clerk duty assignment shallbe required to work that duty assignment for aperiod of no less than 365 days, unless exercisinga bid:
4. to a similar assignment with different daysor hours of duty;
5. to a job in a higher level;
6. due to elimination or reposting of the dutyassignment; or
7. because of substantiated medical or healthreasons, whereby continuation would beharmful to the employee.
5. Normally an employee shall work the dutyassignment for which the employee has beendesignated the successful bidder.
F. Definition of a Section
The Employer and the Union shall define sections withinthe installation. Such definition will be confined to one ormore of the following:
1. pay location;2. by floor;3. tour;4. job within an area;5. type of work;6. installation;7. building or8. shop (MES only).
Article 42
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Section 4. General Provisions
A. Tools
The Employer will provide adequate tools, tool kits andequipment on a charge-out basis to those employees whorequire such items for the performance of their assignedfunction. The determination as to what tools, tool kits andequipment are required and the adequacy of such items willbe made by the Employer. Where the Employer determinesthat tools are obsolete, such tools will be recalled andremoved from the employees' accountability.
B. Anti-Fatigue Measures
The subject of fatigue as it relates to the safety and health ofan employee is a proper subject for the consideration of theJoint Labor-Management Safety Committee as provided inArticle 14 of this Agreement. The Employer will continuepast practices with regard to anti-fatigue devices.
ARTICLE 42ENERGY SHORTAGES
In the event of an energy crisis, the Employer shall makeevery reasonable attempt to secure a high priority from theappropriate Federal agency to obtain the fuel necessary forthe satisfactory maintenance of postal operations. In such acase, or in the event of any serious widespread energyshortage, the Employer and the Union shall meet anddiscuss the problems and proposed solutions through theLabor Management Committee provided in Article 17.
(The preceding Article, Article 42, shall apply toTransitional Employees)
Article 43.1
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ARTICLE 43SEPARABILITY AND DURATION
Section 1. Separability
Should any part of this Agreement or any provision containedherein be rendered or declared invalid by reason of anyexisting or subsequently enacted legislation or by a court ofcompetent jurisdiction, such invalidation of such part orprovision of this Agreement shall not invalidate the remainingportions of this Agreement, and they shall remain in full forceand effect.
Section 2. Duration
Unless otherwise provided, this Agreement shall be effectiveNovember 21, 1998, and shall remain in full force and effectto and including 12 midnight November 20, 2000, and unlesseither party desires to terminate or modify it, for successiveannual periods. The party demanding such termination ormodification must serve written notice of such intent to theother party, not less than 90 or more than 120 days before theexpiration date of the Agreement.
(The preceding Article, Article 43, shall apply toTransitional Employees)
In witness whereof the parties hereto affix their signaturesbelow this 12th day of January, 1999.
For the United StatesPostal Service For the Union
William J. Henderson Moe BillerPostmaster General PresidentU.S. Postal Service American Postal Workers
Union, AFL-CIO
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APPENDIX AAPWU Transitional Employee
Memoranda
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Transitional Employee
1. The parties agree to the following principles:
a. The transitional work force will be comprised of non-career, bargaining unit employees.
b. Transitional employees will be hired for a term not toexceed 360 calendar days and will have a break inservice of at least 5 days between appointments.
c. Transitional employees will be used to cover dutyassignments held pending reversion due toautomation and residual vacancies withheld pursuantto Article 12. The term "held pending reversion" is avacant duty assignment which is due to be reverted.The term "residual vacancies" are those positions thatremain vacant after the completion of the voluntarybidding process.
d. Transitional employees may also be used to replacepart-time attrition. The term "attrition" refers to thereduction in the career employee complement for anyreason.
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e. The use of transitional employees will be phased outas the deployed automated equipment becomes oper-ationally proficient. Transitional employees coveringpositions withheld for career employees will be re-tained until the reassigned employees, who requiretraining, qualify for their new duty assignments. Thephase-out period for the accomplishment of the aboveobjectives (individually or in combination) may notexceed 90 days from the date of deployment.
f. Transitional employees who are covering dutyassignments held pending reversion or residualvacancies withheld pursuant to Article 12 will not bedisplaced from these assignments for the purpose ofutilizing a casual employee.
g. Leave provisions for transitional employees are in-cluded in Attachment A.
2. On a quarterly basis, the local union at the impactedoffice will be provided with an updated report whichwill provide the following (see Attachment B; ImpactedOffice Employee Status Report):
a. The projected reduction for the transition periodseparated by category as follows: LDC 11, LDC 12(letters), LDC 12 (Flats), LDC 13, and other clerical(except LDC 42).
b. A baseline number for each category and a quarterlyupdate of each category for full-time positions andpart-time positions.
c. A listing of transitional employees by name and thejob number these employees are working on for pos-itions withheld (see Attachment Bl; Positions With-held).
d. A listing of transitional employees by name and thejob number these employees are working on for
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positions held pending reversion (see Attachment B2;Positions Held Pending Reversion).
e. A listing of transitional employees by name and alisting of part-time employees who were replaced byname for part-time assignments (see Attachment B3;Part-Time Assignments).
f. Management will supply the local union, at the im-pacted site, with information regarding theequipment deployment schedule for the transitionperiod. The deployment schedule will include specificinformation (i.e., types of equipment, date ofdeployment, deployment site). The equipmentdeployment schedule will be updated annually.
g. Management will supply the local union at the im-pacted site with information regarding the impact.This information will also include the time frames forthese impacts. Any changes to this information bymanagement requires a 14-day advance notice to thelocal union. As equipment is deployed and becomesfully operational, the number of transitional employ-ees specific to that deployment will be removed fromthose assignments in accordance with l.e. above.
3. On a quarterly basis, management agrees to provide thefollowing information at the regional level:
a. Management will supply the union with a projectedregional reduction of employees for the transitionperiod (see Attachment C; REGIONAL COMPLE-MENT REDUCTION REPORT).
b. On a quarterly basis, management will supply theunion with the projected reduction in each MSC, alisting of impacted offices, the actual attrition in thecurrent quarter by impacted office, and a current list-ing of positions withheld by impacted office.
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c. Management will total the information in Itemnumber 2 and supply a regional summary.
4. Regional Determination--Number of Withheld Vacan-cies:
a. Within 7 days from the effective date of this agree-ment, the parties at the regional level will meet todetermine the number of vacancies withheld duringthe previous 90-day period.
b. Solely for the purpose of applying this memorandum,withheld residual vacancies will be identified as thosevacancies for which the union has received Article 12notification at the regional level as being withheld foremployees who may be involuntarily reassigned out-side the installation. In order to be considered a with-held vacancy, the union, at the local level, had to beadvised of the specific vacancy withheld by assign-ment number. This requirement had to be accom-plished either by posted notice, letter to the localunion, or verbally. Verbal notification can be con-sidered only if the local union official agrees thatsuch verbal notification occurred.
c. Once the withheld residual vacancies are identified,management may use transitional employees to back-fill withheld vacancies consistent with the provisionsof this Memorandum of Understanding.
5. Career Employee Option for Vacant Duty Assignment:
a. Prior to assigning a transitional employee to an im-pacted vacancy (held pending reversion), full-timecareer employees who are potentially impacted, whoare performing identical duties, and who possess theidentical skills of the vacant duty assignment, mayopt for the vacant assignment.
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This option procedure will consist of a written pre-selection of hours and days off by potentiallyimpacted employees. The option procedure will notexceed 7 calendar days, and employees who failed tosubmit their preselection choices will be bypassed.
b. Employees will have 21 days from the effective dateof this memorandum to submit their preselection op-tions. Employees who assume new positions ondifferent tours or employees new to a facility willhave the opportunity to submit their preselectionoptions within 7 days of assuming their new position.Employees will also have an opportunity to change ormodify their preselection options once every 6months.
6. Assignment of Part-Time Flexible Employees to aWithheld Vacancy:
a. Prior to assigning transitional employees to withheld/held pending reversion vacant positions,management will assign the senior qualifiedpart-time flexible employee to cover thewithheld/held pending reversion vacancy, and maybackfill the part-time flexible employee's positionwith a transitional employee. The assignment of thepart-time flexible employee to the withheld/heldpending reversion vacancy does not change theworkhour guarantees.
b. Part-time flexible employee hours worked inwithheld/held pending reversion vacancies will notbe considered when determining whether the criteriahas been met for conversion to full-time pursuant toany maximization obligations the employer mayhave, or otherwise entitle the part-time flexible to anyrights or benefits greater than other part-time flexibleemployees.
c. If the senior part-time flexible employee does notpossess the required skills for the withheld/held
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pending reversion vacancy, the part-time flexible willbe bypassed. If there are no qualified part-timeflexible employees, management may use atransitional employee to backfill the withheld/heldpending reversion vacancy.
7. Bidding Provisions--Full-time Distribution Clerk, Ma-chine:
a. A full-time Distribution Clerk, Machine, who is re-stricted from bidding in accordance with Article37.3.B will be allowed to bid and these restrictionswill be waived provided:
(1) The employee is currently working in a positionwhich is identified to be eliminated due toautomation;
(2) The employee has completed a 90-day proba-tionary period.
b. If a full-time Distribution Clerk, Machine, isrestricted from bidding pursuant to Article 37.3.B,and is the successful bidder on a duty assignmentpursuant to Subsections a(l) and (2) above, the dutyassignment will be held for the employee untilhis/her current position is eliminated or managementmay assign the employee to the duty assignmentpursuant to the applicable craft articles of theNational Agreement.
This duty assignment will be covered in the samemanner as a withheld position.
c. An employee who is restricted from bidding pursuantto Article 37.3.B may bid and be deemed the success-ful bidder only once.
8. Reassignment of Career Employees Outside of aSection, Craft, or Installation:
265
a. Prior to reassigning career employees outside of asection, craft, or installation, management will offerimpacted career employees, on a seniority basis, theopportunity to work any existing transitional assign-ment. Impacted career employees must be currentlyqualified to backfill these assignments.
b. There will be no out-of-schedule pay or training pro-vided to qualify the impacted employees for thesetemporary assignments.
9. Layoff of Career Employees:
a. Prior to laying off career employees, managementwill offer the impacted employees the opportunity towork any existing transitional assignments within theinstallation. The impacted employee must becurrently qualified to backfill these assignments.
b. There will be no out-of-schedule pay or training pro-vided to qualify the impacted employees for thesetemporary assignments.
10. Article 15:
a. The parties recognize that transitional employees willhave access to the grievance procedure for those pro-visions which the parties have agreed apply to tran-sitional employees.
b. Nothing herein will be construed as a waiver of theemployer's obligation under the National Labor Rela-tions Act. Transitional employees will not be dis-charged for exercising their rights under thegrievance- arbitration procedure.
c. The separation of transitional employees uponcompletion of their 360-day term and the decision tonot reappoint transitional employees to a new termare not grievable.
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Transitional employees may be separated for lack ofwork at any time. Such separation is not grievableexcept where it is alleged that the separation ispretextual.
Transitional employees may be disciplined or removedwithin the term of their appointment for just cause andany such discipline or removal will be subject to thegrievance-arbitration procedure, provided that withinthe immediately preceding six months, the employeehas completed ninety (90) work days, or has beenemployed for 120 calendar days, whichever comes first.
In the case of removal for cause within the term of anappointment, a transitional employee shall be entitledto advance written notice of the charges against him/herin accordance with the provisions of Article 16 of theNational Agreement.
This Section c is effective June 7, 1996.
11. Health Insurance
After an initial appointment for a 360-day term and uponreappointment to another 360-day term, any eligible non-career transitional employee who wants to pay healthpremiums to participate in the Federal Employees HealthBenefits (FEHB) Program on a pre-tax basis will be requiredto make an election to do so in accordance with proceduresto be published as soon as administratively practicable. Thetotal cost of health insurance is the responsibility of the non-career transitional employee.
12. Higher Level Pay
Effective June 8, 1996, in the event a transitional employee(TE) is temporarily assigned to a higher level position, suchemployee will be paid at the higher level only for the timeactually spent on such job. This language should not be
267
construed to encourage the Postal Service to temporarilyassign such employees to higher level positions.
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ATTACHMENT A
TRANSITIONAL EMPLOYEE ANNUAL LEAVE PROVI-SIONS:
I. GENERAL
A. Purpose. Annual leave is provided to transitional em-ployees for rest, recreation, emergency purposes, andillness or injury.
1. Accrual of Annual Leave.Transitional employeesearn annual leave based on the number of hoursin which they are in a pay status in each payperiod.
Rate of Accrual Hours in Hours of AnnualPay Status Leave Earned Per
Pay Period
1 hour for each 20 1unit of 20 hours 40 2in pay status in 60 3each pay period 80 4 (max.)
2. Biweekly Crediting. Annual leave accrues and iscredited in whole hours at the end of eachbiweekly pay period.
3. Payment For Accumulated Annual Leave. Aseparating transitional employee may receive alump-sum payment for accumulated annualleave subject to the following condition:
a. A transitional employee whose separation iseffective before the last Friday of a payperiod does not receive credit or terminal
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leave payment for the leave that would haveaccrued during that pay period.
II. AUTHORIZING ANNUAL LEAVE
A. General. Except for emergencies, annual leave fortransitional employees must be requested on Form3971 and approved in advance by the appropriatesupervisor.
B. Emergencies and Illness or Injury. An exception tothe advance approval requirement is made for emer-gencies and illness or injury; however, in these situ-ations, the transitional employee must notify appro-priate postal authorities as soon as possible as to theemergency or illness/injury and the expected durationof the absence. As soon as possible after return toduty, transitional employees must submit Form 3971and explain the reason for the emergency orillness/injury to their supervisor. Supervisors approveor disapprove the leave request. When the request isdisapproved, the absence may be recorded as AWOLat the discretion of the supervisor as outlined inSection IV.B below.
III. UNSCHEDULED ABSENCE
A. Definition. Unscheduled absences are any absencesfrom work that are not requested and approved inadvance.
B. Transitional Employee Responsibilities. Transitionalemployees are expected to maintain their assignedschedule and must make every effort to avoid un-scheduled absences. In addition, transitional employ-ees must provide acceptable evidence for absenceswhen required.
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IV. FORM 3971, REQUEST FOR, OR NOTIFICATIONOF, ABSENCE
A. Purpose. Application for annual leave is made inwriting, in duplicate, on Form 3971, Request for, orNotification of, Absence.
B. Approval/Disapproval. The supervisor is responsiblefor approving or disapproving application for annualleave by signing Form 3971, a copy of which is givento the transitional employee. If a supervisor does notapprove an application for leave, the disapprovedblock on Form 3971 is checked and the reasons givenin writing in the space provided. When a request isdisapproved, the reasons for disapproval must benoted. AWOL determinations must be similarlynoted.
POSITIONS WITHHELD--SEE ATTACHMENT B1 POSITIONS HELD PENDING REVERSION-- SEE ATTACHMENT B2 PART-TIME ASSIGNMENTS--SEE ATTACHMENT B3
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ATTACHMENT B1
Positions Withheld
Job Number &Transitional Employee’s Name Assignment Date
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
________________________ _________________
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ATTACHMENT B2
Positions Held Pending Reversion
Transitional Employee’s Name Assignment Job Number
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ ______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ _______________________
________________________ ______________________
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ATTACHMENT B3
Part-time Assignments
Transitional Employee's Name Replaced Part-timeand Assignment Date Employee's Name
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
_______________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ _____________________
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Transitional Employees
The parties agree that only the following articles and por-tions of articles of the National Agreement as they appearin bold face print below apply to transitional employees:
Article 1
Article 2
Article 3
Article 5
Article 7
ARTICLE 7EMPLOYEE CLASSIFICATION
Section 1. Definition and Use* * * * *
C. Transitional Work Force--APWU
1. The transitional work force shall be comprised ofnoncareer, bargaining unit employees utilized to fillvacated assignments as follows:
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a. Transitional employees may be used to cover dutyassignments which are due to be eliminated byautomation and residual vacancies withheld pur-suant to Article 12.
b. Transitional employees may be used to replacepart-time attrition. Over the course of a pay period,the Employer will make a reasonable effort toensure that qualified and available part-timeflexible employees are utilized at the straight-timerate prior to assigning such work to transitionalemployees working in the same work location andon the same tour.
2. Transitional employees shall be hired pursuant tosuch procedures as the Employer may establish. Theywill be hired for a term not to exceed 360 calendardays for each appointment. Such employees have nodaily or weekly work hour guarantees, except asprovided for in Article 8.8.D. Transitionalemployees will have a break in service of at least 5days between appointments.
3. The use of transitional employees will be phased outas the deployed automated equipment becomes oper-ationally proficient.
ARTICLE 8HOURS OF WORK
Section 3. Exceptions
The above shall not apply to part-time employees and tran-sitional employees.
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Part-time employees will be scheduled in accordance withthe above rules, except they may be scheduled for less thaneight (8) hours per service day and less than forty (40) hoursper normal work week.
Transitional employees will be scheduled in accordance withSection 2, A and B, of this Article.
Section 4.G. Overtime Work
Transitional employees shall be paid overtime for workperformed in excess of forty (40) work hours in any oneservice week. Overtime pay for transitional employees is tobe paid at the rate of one and one-half (11/2) times the basichourly straight-time rate.
When an opportunity exists for overtime for qualified andavailable full-time employees, doing similar work in thework location where the employees regularly work, prior toutilizing a transitional employee in excess of eight (8) workhours in a service day, such qualified and available full-timeemployees on the appropriate Overtime Desired List will beselected to perform such work in order of their seniority ona rotating basis.
Section 7. Night Shift Differential.
Effective for the period November 21, 1998, throughNovember 20, 2000, for time worked between the hours of6:00 p.m. and 6:00 a.m., employees shall be paid additionalcompensation at the applicable flat dollar amount at eachpay grade and step in accordance with the attached table(Table Three).
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Section 8. Guarantees
D. Effective June 7, 1996, any transitional employee whois scheduled to work and who reports shall be guaranteedtwo (2) hours of work or pay. Such work or pay shall not beguaranteed if such employees are directed not to reportahead of the time they were scheduled to report to work.
Section 9. Wash-up Time
Installation heads shall grant reasonable wash-up time tothose employees who perform dirty work or work with toxicmaterials. The amount of wash-up time granted eachemployee shall be subject to the grievance procedure.
The preceding paragraph shall apply to transitional employ-ees.
ARTICLE 9SALARIES AND WAGES
Section 7. Transitional Employee
The hourly rates for transitional employees shall beincreased for all grades as follows:
Effective November 21, 1998 - the hourly rates for allgrades shall be increased by $0.30 per hour, based on thesalary schedule appended hereto (Table Two).
Effective November 20, 1999 - the hourly rates for allgrades shall be increased by $0.30 per hour, based on thesalary schedule appended hereto (Table Two).
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ARTICLE 10LEAVE
Section 2. Leave Regulations
A. The leave regulations in Subchapter 510 of theEmployee and Labor Relations Manual, insofar as suchregulations establish wages, hours and workingconditions of employees covered by this Agreement,other than transitional employees, shall remain in effectfor the life of this Agreement.
B. Career employees will be given preference over non-career employees when scheduling annual leave. Thispreference will take into consideration that schedulingis done on a tour-by-tour basis and that employee skillsare a determining factor in this decision.
ARTICLE 11HOLIDAYS
Section 6. Holiday Schedule
D. Transitional employees will be scheduled for work ona holiday or designated holiday after all full-time vol-unteers are scheduled to work on their holiday ordesignated holiday. They will be scheduled, to theextent possible, prior to any full-time volunteers ornonvolunteers being scheduled to work a nonscheduledday or any full-time nonvolunteers being required towork their holiday or designated holiday. If the partieshave locally negotiated a pecking order that wouldschedule full-time volunteers on a nonscheduled day,the Local Memorandum of Understanding will apply.
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Article 14
Article 15
Article 17 Sections 2, 3, 4, 6, and 7
Article 18
Article 19
ARTICLE 19HANDBOOKS AND MANUALS
New Paragraph 3: Article 19 shall apply in that those parts of all handbooks,manuals and published regulations of the Postal Service,which directly relate to wages, hours or working conditionsshall apply to transitional employees only to the extentconsistent with other rights and characteristics oftransitional employees negotiated in this Agreement andotherwise as they apply to the supplemental work force. TheEmployer shall have the right to make changes tohandbooks, manuals and published regulations as they relateto transitional employees pursuant to the same standardsand procedures found in Article 19 of this Agreement.
Article 20
Article 22
Article 23
Article 24
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Article 27
Article 28
Article 31
Article 32
Article 34
Article 36
Article 42
Article 43
Only the following Memorandums of Understanding fromthe 1990 National Agreement shall apply to TransitionalEmployees:
Use of Privately Owned Vehicles Leave Sharing Leave Without Pay
* * *
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APPENDIX BAPWU Transitional Employee
Arbitration Award
ARBITRATION PROCEEDINGS
UNITED STATES POSTAL SERVICE
AND
AMERICAN POSTAL WORKERS UNIONAFL-CIO
SUPPLEMENTAL OPINION AND AWARD
BOARD OF ARBITRATORS
JACK CLARKE, ChairpersonR. THEODORE CLARK, JR., USPS Board MemberJOEL POPKIN, APWU Board Member
Washington, D.C.Date: June 7, 1996
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DECISION OF ARBITRATORS
During the course of the 1995 interest arbitrationproceeding, the parties agreed to defer the resolution ofcertain issues. This approach, which is reflected on pages8-9 of the Board's October 1,1995 decision, necessitatedadditional hearings with respect to all transitional employee(TE) issues, including the duration of the parties' November2, 1993 agreement regarding Remote Bar Coding System(RBCS) work. Seven days of hearings were held betweenApril 1-20, 1996, and the Board met in Executive Sessionon April 20 and June 6-7, 1996.
Representing the Postal Service at the hearings wereEdward F. Ward, Jr., Managing Counsel, NationalLitigation; D. Richard Froelke, Manager, NegotiationsPlanning and Support; Kevin B. Rachel, Labor RelationsCounsel; Howard J. Kaufman, Senior Counsel, NLRB; andDavid A. Stanton, Attorney, National Litigation. TheAPWU was represented by Arthur Luby, Darryl Anderson,Anton Hajjar and Lee Jackson of the law firm of O'Donnell,Schwartz & Anderson.
The transitional employee classification was establishedpursuant to the June 12, 1991 Interest Arbitration Awardissued by the Board chaired by Arbitrator RichardMittenthal, which Award covered postal employeesrepresented by the APWU and the National Association ofLetter Carriers, AFL-CIO. The TE employee category wascreated to assist the Postal Service in dealing with theimpact of the implementation of its massive automationprogram on its workforce. The wages, benefits, and basicterms of employment for APWU TEs were resolved in aDecember 3, 1991 agreement between the Postal Service
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and the APWU. Pursuant to the Mittenthal Award and theDecember 3, 1991 agreement, TEs are non-career,bargaining unit employees who are hired for terms ofemployment not to exceed 359 calendar days for each suchappointment. Some, but not all, of the benefits and workingconditions of career employees apply to TEs.
The significance of the TE category was increased evenfurther when the parties entered into the November 2, 1993agreement to perform in-house the work related to RBCS.Part of this agreement provided that up to 70% of thebargaining unit work hours for this effort could beperformed by TEs.
In these supplemental proceedings, the Postal Service tookthe position that TEs should receive no increase in wages orbenefits and no changes in working conditions. As part ofthis position, the Postal Service vigorously advanced theview that the $2,517 COLA roll-in which became part of theTEs' basic pay, effective February 5, 1995, as a result ofNational Arbitrator Snow's January 26, 1996 decision,should be "rolled-out" and not included in TE basic pay inthe future. In addition, the 1993 RBCS agreements, andtheir progeny, should be "sunset," or terminatedimmediately, thus allowing the Postal Service theopportunity to once again consider contracting out thekeying and maintenance work associated with the RBCS.
The APWU was equally adamant in its position that theRBCS Agreements remain unchanged and that TEs shouldreceive the same increases in wages as that enjoyed bycareer employees, pursuant to this Board's October 1, 1995Award, as well as past COLA roll-ins and future COLApayments applicable to the career work force. In addition,
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the APWU sought improvements in TE benefits andworking conditions. This would include, inter alia, theprovision of health benefits coverage as well as just causeprotections for TEs.
AWARD OF THE BOARD OF ARBITRATION
1. Wages
Transitional employees on the payroll during the pay periodending July 5, 1996, will be paid an hourly rate of pay inaccordance with Table 1 for the duration of the 1994National Agreement.
Employees initially appointed to transitional employeepositions on or after July 6, 1996, will be paid an hourly rateof pay in accordance with Table 2. Effective November 23,1996, such employees shall be paid an hourly rate of pay inaccordance with Table 3. Effective November 22, 1997,such employees shall be paid an hourly rate of pay inaccordance with Table 4. Effective November 7, 1998, suchemployees shall be paid an hourly rate of pay in accordancewith Table 5.
tables setting forth the foregoing hourly rates of pay areattached.
2. Shift Differential
As soon as administratively practicable, transitional employeeson the payroll as of the date of this Award shall be paid aone-time cash payment equal to twelve cents ($.12) times thenumber of hours for which each was paid a shift differential
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premium during the thirteen (13) accounting periods endingimmediately prior to issuance of this Award.
Effective for the period July 6, 1996 through November 21,1997, for time worked between the hours of 6:00 p.m. and6:00 a.m. transitional employees shall be paid additionalcompensation at the applicable flat dollar amount at eachpay level in accordance with Appendix A attached hereto.Effective November 22, 1997, for time worked between thehours of 6:00 p.m. and 6:00 a.m. transitional employeesshall be paid additional compensation at the applicable flatdollar amount at each pay level in accordance withAppendix B attached hereto.
3. Term of Appointment
Effective on the date of this Supplemental Award,transitional employees, including transitional employees onthe payroll as of the date of this Supplemental Award, willbe hired for a term not to exceed 360 calendar days and willhave a break in service of at least 5 days betweenappointments.
4. Health Insurance
After an initial appointment for a 360-day term and uponreappointment to another 360-day term, any eligiblenon-career transitional employee who wants to pay healthpremiums to participate in the Federal Employees HealthBenefits (FEHB) Program on a pre-tax basis will be requiredto make an election to do so in accordance with proceduresto be published as soon as administratively practicable. Thetotal cost of health insurance is the responsibility of thenon-career transitional employee.
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5. Higher Level Pay
Effective the first pay period following the issuance of thisSupplemental Award, in the event a transitional employee(TE) is temporarily assigned to a higher level position, suchemployee will be paid at the higher level only for the timeactually spent on such job.
This language should not be construed to encourage thePostal Service to temporarily assign such employees tohigher level positions.
6. Reporting Pay
Effective on the date of this Supplemental Award, anytransitional employee (TE) who is scheduled to work andwho reports shall be guaranteed two (2) hours of work orpay. Such work or pay shall not be guaranteed if suchemployees are directed not to report ahead of the time theywere scheduled to report to work.
7. Just Cause
The separation of transitional employees upon completionof their 360-day term and the decision to not reappointtransitional employees to a new term are not grievable.
Transitional employees may be separated for lack of work atany time. Such separation is not grievable except where it isalleged that the separation is pretextual.
Transitional employees may be disciplined or removedwithin the term of their appointment for just cause and anysuch discipline or removal will be subject to thegrievance-arbitration procedure, provided that within theimmediately preceding six months, the employee hascompleted ninety (90) work days, or has been employed for120 calendar days, which ever comes first.
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In the case of removal for cause within the term of anappointment, a transitional employee shall be entitled toadvance written notice of the charges against him/her inaccordance with the provisions of Article 16 of the NationalAgreement.
This section 7 is effective on the date of issuance of thisSupplemental Award.
8. Light Duty
While the Board does not grant the request to have Article13 apply to transitional employees, the Board does notunderstand that Article 13 prohibits the assignment of lightduty to transitional employees.
9. Career Employment Opportunities
The Board directs that the Memorandum of Understandingattached as Appendix C concerning career employmentopportunities be attached to the National Agreement.
10. All Other Items
All proposals not specifically dealt with by thisSupplemental Award have either been withdrawn or deniedby the Board of Arbitration.
Note: In 1998 Negotiations the parties agreed toeliminate the last sentence, of the third paragraph, ofSection 7, of the June 7, 1996, Transitional EmployeeArbitration Award.
References to Tables under Section 1. Wages of the June7, 1996 Transitional Employee Arbitration Award referto tables in the 1994 Agreement. These tables are no
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longer in effect. Table 2, page 36 contains the currentrate of pay.
References to Tables under Section 2. Shift Differentialof the June 7, 1996 Transitional Employee ArbitrationAward refer to Appendix A and B of the 1994Agreement. Table 3, page 37 contains the current nightdifferential rates.
Jack Clarke, Chairperson
____________________R. Theodore Clark, Jr.USPS-Appointed Member
Joel PopkinAPWU-Appointed MemberDissentingBoard Member Popkin's dissent will be filed separately.
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APPENDIX C
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
In the interest of enhancing career employmentopportunities for APWU transitional employees, the PostalService and the APWU agree as follows:
1. APWU transitional employees (TEs) (as set forth in theTE Agreements of 12/31/91 and 2/2/93), who havecompleted 180 days of employment as a TE and are stillon the TE rolls, may take two such entranceexaminations for career posit ion(s) inAPWU-represented crafts. Only two such examinationopportunities will be provided each eligible TEpursuant to this memorandum, except that eligible TEswill be permitted to retake any exam which issubsequently discontinued and replaced.
2. Eligible TEs who wish to take an entrance examinationfor career position(s) in APWU-represented crafts mustsubmit their request in writing to the appropriatepersonnel office. The local union will be providedwritten notification of TEs who have submitted suchrequests. The requested examinations will beadministered to eligible TEs consistent with normalscheduling of the exams.
3. Each TE's exam results will be scored, including anyapplicable veterans' preference points and passingscores, will be merged with the existing register for thatexam. Eligible TEs who already have a passing testscore on the same register will have the option of
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merging the new test score with the existing register inlieu of their old test score. Thereafter, normal competitive selection procedures will apply in makingappointments to career positions.
4. This agreement will be effective from June 7, 1996,through November 20, 2000. Nothing herein isintended to limit any veterans' preference in hiring asestablished by law.
Anthony J. Vegliante Moe BillerManager PresidentContract Administration American Postal WorkersAPWU/NPMHU Union,AFL-CIO
Date:____________________ Date:__________________
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APPENDIX CMemorandums of Understandings
andLetters of Intent
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
RE: MEMORANDA OF UNDERSTANDINGAND LETTERS OF INTENT
The parties agree that except for those National levelMemoranda of Understanding and Memoranda of Intent (MOUs) as well as National level Letters of Intent (LOIs)that have a specific expiration date, or are otherwise bytheir terms limited to actions occurring during a NationalAgreement, all other National MOUs/LOIs shall continueunless modified or eliminated either by agreement or as aresult of interest arbitration. The parties further agreethat this understanding includes all National Level MOUsand LOIs set forth in each of the parties’ printing of the1994-1998 National Agreement as well as all otherNational level MOUs and LOIs.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE AMERICAN POSTAL WORKERS UNION,
AFL-CIO
Re: Deaf and Hard of Hearing
REASONABLE ACCOMMODATION FOR THEDEAF AND HARD OF HEARING
MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonablyaccommodate Deaf and Hard of Hearing employees andapplicants who request assistance in communicating withor understanding others in work related situations, suchas:
a. During investigatory interviews which may leadto discipline, discussions with a supervisor on jobperformance or conduct, or presentation of agrievance.
b. During some aspects of training including formalclassroom instruction.
c. During portions of EAP programs and EEOcounselings.
d. In critical elements of the selection process suchas during testing and interviews.
e. During employee orientations and safety talks,CFC and saving bond drive kickoff meetings.
f. During the filing or meetings concerning anemployee's OWCP claim.
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A reasonable accommodation must be approached on ahighly individual, case by case basis. The individual'sinput must be considered prior to making a decisionregarding accommodation.
IMPLEMENTATION
This obligation is met by selecting an appropriateresource from the variety of resources available. Inselecting a resource, the following, among others, shouldbe considered, as appropriate:
— The ability of the deaf or hard of hearingemployee to understand various methods ofcommunication and the ability of others tounderstand the deaf or hard of hearing employee.
— The importance of the situation as it relates towork requirements, job rights, and benefits.
— The availability and cost of the alternativeresources under consideration.
— Whether the situation requires confidentiality.
Available resources which should be considered include:
a. Installation heads are authorized to pay forcertified interpreters. Every effort will be made toprovide certified interpreters when deemednecessary by an application of the principles setforth herein.
b. In some states, the Division of VocationalRehabilitation (DVR) provides interpreters at nocharge. When a decision is made that aninterpreter is the appropriate accommodation anda DVR interpreter is not available other methodsof securing an interpreter should be used.
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c. Volunteer interpreters or individuals skilled insigning may be obtained from the work force orfrom the community. The skill level of suchpersons should be considered.
d. In some situations, written communications maybe appropriate. The deaf or hard of hearingemployee's ability to understand writtencommunications should be considered.
e. Supervisors, training specialists, EAP, and EEOcounselors may be trained in sign language.
f. Deaf or hard of hearing applicants shouldnormally be scheduled for a specific examinationtime when an interpreter will be available.
g. State or Federal relay services may provide a wayfor a deaf or hard of hearing employee to conductpostal business by telephone with otheremployees and customers.
Management will provide the following assistance fordeaf and/or hard of hearing employees:
a. All films or videotapes designed for the trainingor instruction of regular work force employeesdeveloped on or after October 1, 1987, shall beopened or closed captioned. To the extentpracticable, existing films or videotapesdeveloped nationally that will continue to be usedby deaf or hard of hearing employees with somefrequency, will be opened or closed captioned.
b. Special telecommunications devices for the deafwill be installed in all postal installationsemploying deaf employees in the regular workforce. Special telecommunications devices or
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telephone volume control devices will beinstalled for hard of hearing employees whenevera hard of hearing employee needs a reasonableaccommodation in order to communicate byphone. These devices will be available to deafand/or hard of hearing employees for officialbusiness and in the case of personal emergencies.As appropriate, Management will providetraining to staff on the use of these specialtelecommunications devices.
c. A visual alarm will be installed on all movingpowered industrial equipment in all postalinstallations employing deaf employees in theregular work force or in any installation wheresuch a reasonable accommodation is necessaryfor a hard of hearing employee.
d. Visual fire alarms will be installed in all new
postal installations (installations for which theU.S. Postal Service, as of June 12, 1991, had notawarded a contract for the design of the building)where the Postal Service installs audible firealarms. The parties will discuss and seek to agreeat the local level about the installation in suchother facilities as may be appropriate.
JOINT LABOR-MANAGEMENT MEETINGS
Discussion of problem areas with regard to the use ofcertified sign interpreters, enhancement of jobopportunities for the deaf and hard of hearing, type ofspecial telecommunications devices or volume controldevices to be installed, installation of visual alarms orother systems such as tactile devices at other than newpostal installations, and the availability of newtechnologies which may help deaf and hard of hearingemployees perform a variety of tasks are appropriate
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matters for consideration at Joint Labor-Management meetings. Discussion of such matters at Labor-Management meetings is not a prerequisite to the filing orprocessing of a grievance.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Layoff Protection
Each employee who is employed in the regular workforce as of November 20, 1998, and who has not acquiredthe protection provided under Article 6 shall beprotected henceforth against any involuntary layoff orforce reduction during the term of this Agreement. It isthe intent of this Memorandum of Understanding toprovide job security to each such employee during theterm of this Agreement; however, in the event Congressrepeals or significantly relaxes the Private ExpressStatutes this Memorandum shall expire upon theenactment of such legislation. In addition, nothing in thisMemorandum of Understanding shall diminish the rightsof any bargaining-unit employees under Article 6.
Since this Memorandum of Understanding is beingentered into on a nonprecedential basis, it shallterminate for all purposes at midnight, November 20,2000, and may not be cited or used in any subsequentdispute resolution proceedings.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE
(American Postal Workers Union, AFL-CIO andNational Association of Letter Carriers, AFL-CIO)
Re: Article 7.3
Part-time flexible employees with three (3) or more years ofservice in the same craft and same installation on theeffective date of this award, who are employed in an officewith 200 or more man years of employment will not havetheir average weekly workhours reduced as a result of therevision to Article 7.3 of the 1990 National Agreement.
Nothing shall preclude management from reducing suchhours for other legitimate reasons.
The average weekly workhours for the part-time flexibleemployees with three (3) or more years of service will be theweekly workhour average for the 12 months prior to theeffective date of this Agreement. The weekly workhouraverage cannot exceed forty (40) hours or be combined withany paid leave to exceed forty (40) hours.
* * *
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE JOINT BARGAINING COMMITTEE
(The American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)
Re: Article 7, 12 and 13 - Cross Craft and Office Size
A. It is understood by the parties that in applying theprovisions of Articles 7, 12 and 13 of the 1998 NationalAgreement, cross craft assignments of employees, on botha temporary and permanent basis, shall continue as theywere made among the six crafts under the 1978 NationalAgreement.
B. It is also agreed that where the 1998 Agreement makesreference to offices/facilities/installations with a certainnumber of employees or man years, that number shallinclude all categories of bargaining unit employees in theoffice/facility/installation who were covered by the 1978National Agreement.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Maximization/Full-time Flexible - APWU
Where a part-time flexible has performed duties within hiscraft and occupational group within an installation at least40 hours a week (8 within 9, or 8 within 10, as applicable),
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5 days a week, over a period of 6 months, the senior part-time flexible shall be converted to full-time status.
This criteria shall be applied to postal installations with 125or more man years of employment.
It is further understood that part-time flexibles converted tofull-time under this criteria will have flexible reportingtimes, flexible nonscheduled days, and flexible reportinglocations within the installation depending upon operationalrequirements as established on the preceding Wednesday.
The parties will implement this in accordance with theirpast practice.
Date: July 21, 1987
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Conversions under the Maximization Memorandum
As discussed, when a full-time assignment(s) is beingwithheld in accordance with Article 12, the subsequentbackfilling of the assignment(s) will not count towards thetime considered for maximizing full-time duty assignments,in accordance with the Memorandum of Understanding.
The parties also recognize that employees are to beconverted to full-time consistent with the memorandum,provided the work being performed to meet maximization
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qualification in not being performed on assignment(s)described above.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDJOINT BARGAINING COMMITTEE
(American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)
Re: Article 8
Recognizing that excessive use of overtime is inconsistentwith the best interests of postal employees and the PostalService, it is the intent of the parties in adopting changes toArticle 8 to limit overtime, to avoid excessive mandatoryovertime, and to protect the interests of employees who donot wish to work overtime, while recognizing that bona fideoperational requirements do exist that necessitate the use ofovertime from time to time. The parties have agreed tocertain additional restrictions on overtime work, whileagreeing to continue the use of overtime desired lists toprotect the interests of those employees who do not want towork overtime, and the interests of those who seek to worklimited overtime. The parties agree this memorandum doesnot give rise to any contractual commitment beyond theprovisions of Article 8, but is intended to set forth theunderlying principles which brought the parties toagreement.
The new provisions of Article 8 contain different restrictionsthan the old language. However, the new language is notintended to change existing practices relating to use of em-ployees not on the overtime desired list when there areinsufficient employees on the list available to meet theovertime needs. For example, if there are five available
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employees on the overtime desired list and five not on it,and if 10 workhours are needed to get the mail out withinthe next hour, all ten employees may be required to workovertime. But if there are 2 hours within which to get themail out, then only the five on the overtime desired list maybe required to work.
The parties agree that Article 8, Section 5.G.l., does notpermit the Employer to require employees on the overtimedesired list to work overtime on more than 4 of theemployee's 5 scheduled days in a service week, over 8 hourson a nonscheduled day, or over 6 days in a service week.
Normally, employees on the overtime desired list who don'twant to work more than 10 hours a day or 56 hours a weekshall not be required to do so as long as employees who dowant to work more than 10 hours a day or 56 hours a weekare available to do the needed work without exceeding the12-hour and 60-hour limitations.
In the Letter Carrier Craft, where management determinesthat overtime or auxiliary assistance is needed on anemployee's route on one of the employee's regularlyscheduled days and the employee is not on the overtimedesired list, the employer will seek to utilize auxiliaryassistance, when available, rather than requiring theemployee to work mandatory overtime.
In the event these principles are contravened, theappropriate correction shall not obligate the Employer toany monetary obligation, but instead will be reflected in acorrection to the opportunities available within the list. Inorder to achieve the objectives of this memorandum, themethod of implementation of these principles shall be toprovide, during the 2-week period prior to the start of eachcalendar quarter, an opportunity for employees placing theirname on the list to indicate their availability for the durationof the quarter to work in excess of 10 hours in a day. During
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the quarter the Employer may require employees on theovertime desired list to work these extra hours if there is aninsufficient number of employees available who haveindicated such availability at the beginning of the quarter.
The penalty overtime provisions of Article 8.4 are not in-tended to encourage or result in the use of any overtime inexcess of the restrictions contained in Article 8.5.F.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION AFL-CIO
Re: Article 8 Questions and Answers
1. Must all employees on the OTDL be utilized 12hours per day before an employee not on the listworks any overtime?
Response: Yes, except when there are time-critical processing needs that cannot bemet unless non-list employees areworked. For example, if there are fiveavailable employees on the overtimedesired list and five not on it, and 10hours are needed to get the mail outwithin the next hour, all ten employeesmay be required to work overtime. Butif there are two hours within which toget the mail out, then only the five onthe overtime desired list may berequired to work.
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2. What is the proper remedy when an employeewho is on the overtime desired list is improperlypassed over in the selection for overtime workassignments?
Response: a. When, for any reason, an employeeon the OTDL, who has thenecessary skills, is available, but isimproperly passed over andanother employee on the list isselected for overtime work out ofrotation, such employee shallwithin 90 days of the date the errorwas discovered, be given a similarmake-up opportunity.
Should no similar make-upovertime opportunity present itselfwithin 90 days, the employee whowas passed over shall be paid foran equal number of hours at theovertime rate for the opportunitymissed.
b. When, for any reason, an employeeon the OTDL, who has thenecessary skills, is available, but isimproperly passed over andanother employee not on the list isselected for overtime work, theemployee who was passed overshall be paid for an equal numberof hours at the overtime rate forthe opportunity missed.
c. When a question arises as to theproper administration of the"Overtime Desired" list at the
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local level, an APWU steward mayhave access to appropriateovertime records.
3. Additionally, in an effort to reduce the number ofgrievances associated with overtime scheduling, theparties have agreed to further develop a series ofquestions and answers that will comprise the parties'joint interpretation of Article 8 issues. The partieswill be bound by these joint interpretations andgrievances will not be filed asserting a positioncontrary to a joint interpretation. The partiesfurther agree that the Article 8 Questions andAnswers will become part of a larger joint contractmanual that will be developed by the parties. TheArticle 8 Questions and Answers, however, may bedistributed for implementation by the parties'representatives in advance of the publication of thejoint contract manual.
The parties have agreed to complete the Article 8Questions and Answers no later than June 1999.
***
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE
(American Postal workers Union, AFL-CIO and National Association of Letter Carriers, AFL-CIO)
Re: Granting Step Increases
The parties agree that periodic step increases will not bewithheld for reason of unsatisfactory performance and thatall other aspects of the current step increase procedures
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remain unchanged, unless otherwise provided for by the1990 National Agreement.
The Employee and Labor Relations Manual (ELM) shall beamended to conform with the above stated agreement.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Promotion Pay Anomaly
In recognition of the need to correct the promotion payanomaly contained in the current salary schedule, thePostal Service and the American Postal Workers Union,AFL-CIO, agree to implement a new salary scheduleeffective no later than June 19, 1999. The new salaryschedule will contain the following features:
• Uniform waiting periods by grades (grades 1-3, 44weeks; grades 4-7, 36 weeks; grades 8-10, 30 weeks)resulting in a shorter cumulative period to reach thetop of a grade compared to the current salaryschedule.
• Uniform step increase amounts by grade.
• One additional entry step for grades 1-3.
• The deletion of step C for grades 8-10.
• An additional step at the top of grades 8-10.
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• Based on an implementation date effective no laterthan June 19, 1999, many employees will receiveslotting wage increases based on the conversion to thenew salary schedule.
• Employees in the entry step at grades 1-7 will beslotted in the next step if they have served more than48 weeks in their current step.
• All employees will begin the new waiting periodeffective no later than June 19, 1999.
• In recognition of the administrative burdens inprocessing employee pay changes (promotions, higherlevel pay, repromotions, change to lower level, etc.) tothe extent practical, the parties agree that the PostalService will implement new and simplifiedadministrative rules contained in the Employee andLabor Relations Manual effective no later than June19, 1999.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Annual Leave Exchange Option
The parties agree that APWU career employees will beallowed to sell back a maximum of forty (40) hours ofannual leave prior to the beginning of the leave yearprovided the following two (2) criteria are met:
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1) The employee must be at the maximum leave carry-over ceiling at the start of the leave year, and
2) The employee must have used fewer than 75 sickleave hours in the leave year immediately precedingthe year for which the leave is being exchanged.
This Memorandum of Understanding expires on theexpiration date of the 1998 National Agreement.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Sick Leave for Dependent Care
The parties agree that, during the term of the 1998 NationalAgreement, sick leave may be used by an employee to givecare or otherwise attend to a family member having anillness, injury or other condition which, if an employee hadsuch condition, would justify the use of sick leave by thatemployee. Family members shall include son or daughter,parent and spouse as defined in ELM Section 515.2. Up to80 hours of sick leave may be used for dependent care in anyleave year. Approval of sick leave for dependent care willbe subject to normal procedures for leave approval.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE
(American Postal Workers Union, AFL-CIO andNational Association of Letter Carriers, AFL-CIO)
Re: Annual Leave Carryover
The parties agree that, as soon as practicable after thesigning of the 1990 National Agreement, the applicablehandbooks and manuals will be modified to provide revisedregulations for annual leave carryover as follows:
(a) Regular work force employees covered by thisagreement may carry over 440 hours ofaccumulated annual leave beginning with leavecarried over from leave year 1990 to leave year1991.
(b) Employees who fall under the provisions of PublicLaw 83-102 and who have maintained a carryoverof more than 440 hours cannot increase theirpresent ceiling.
(c) The parties agree that ELM 512.73d shall bechanged to reflect that any employee covered bythe APWU/NALC National Agreement is not paidfor annual leave in excess of 55 days. In all otherrespects, the ELM provisions for payment ofaccumulated leave are not changed because of thisMemorandum.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE
(The American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)
employees who have completed their probationaryperiod shall be eligible for court leave as defined inEmployee and Labor Relations Manual Part 516.1 andPart 516.31.
2. Appropriate provisions of the applicable handbooks andmanuals shall be amended to carry out these changesconsistent with the principles expressed in paragraphs3, 4, and 5 below. The handbooks and manuals,including Part 516 of the Employee and LaborRelations Manual, shall be amended pursuant to Article19, except that the sixty (60) day notice of such changesshall be waived.
3. A part-time flexible employee will be eligible for courtleave if the employee would otherwise have been in awork status or annual leave status. If there is a questionconcerning the status, the part-time flexible employeewill be eligible if the employee was in work status orannual leave status on any day during the pay periodimmediately preceding the period of court leave.
4. If eligibility is established under paragraph 3, thespecific amount of court leave for an eligible part-timeflexible employee shall be determined on a daily basisas set forth below:
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a. If previously scheduled, the number ofstraight-time hours the Employer scheduled thepart-time flexible employee to work;
b. If not previously scheduled, the number of hoursthe part-time flexible employee worked on thesame service day during the service weekimmediately preceding the period of court leave;
c. If not previously scheduled and if no work wasperformed on the same day in the service weekimmediately preceding the period of court leave,the guarantee as provided in Article 8, Section 8,of the National Agreement, provided the part-timeflexible would otherwise have been requested orscheduled to work on the day for which court leaveis requested.
5. The amount of court leave for part-time flexibleemployees shall not exceed 8 hours in a service day or40 hours in a service week.
Date: July 21, 1987
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE
(American Postal Workers Union, AFL-CIO, and National Association of Letter Carriers, AFL-CIO)
Re: Leave Policy
The parties agree that local attendance or leave instructions,guidelines, or procedures that directly relate to wages,hours, or working conditions of employees covered by this
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Agreement, may not be inconsistent or in conflict withArticle 10 or the Employee and Labor Relations Manual,Subchapter 510.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE JOINT BARGAINING COMMITTEE
(American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)
Re: Paid Leave and LWOP
The parties agree that an employee need not exhaust annualleave and/or sick leave before requesting leave without pay.As soon as practicable after the signing of the 1990 NationalAgreement, Employee and Labor Relations Manual (ELM)Exhibit 514.4(d) will be amended to conform to thisAgreement.
The parties further agree that this Memorandum does notaffect the administrative discretion set forth in ELM Part514.22, nor is it intended to encourage any additional leaveusage.
Grievance Number H7C-NA-C 61 is withdrawn.
(The preceding Memorandum of Understanding, Paid Leaveand LWOP, applies to APWU Transitional Employees.)
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Leave Sharing
The Postal Service will continue a Leave Sharing Programduring the term of the 1998 Agreement under which careerpostal employees are able to donate annual leave from theirearned annual leave account to another career postalemployee, within the same geographic area serviced by apostal district. In addition, career postal employees maydonate annual leave to other family members that arecareer postal employees without restriction as togeographic location. Family members shall include sonor daughter, parent, and spouse as defined in ELMSection 515.2. Single donations must be of 8 or more wholehours and may not exceed half of the amount of annualleave earned each year based on the leave earnings categoryof the donor at the time of donation. Sick leave, unearnedannual leave, and annual leave hours subject to forfeiture(leave in excess of the maximum carryover which theemployee would not be permitted to use before the end of theleave year), may not be donated, and employees may notdonate leave to their immediate supervisors.
To be eligible to receive donated leave, a career employee(a) must be incapacitated for available postal duties due toserious personal health conditions including pregnancy and(b) must be known or expected to miss at least 40 morehours from work than his or her own annual leave and/orsick leave balance(s), as applicable, will cover, and (c) musthave his or her absence approved pursuant to standardattendance policies. Donated leave may be used to cover the40 hours of LWOP required to be eligible for leave sharing.
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For purposes other than pay and legally required payrolldeductions, employees using donated leave will be subject toregulations applicable to employees in LWOP status andwill not earn any type of leave while using donated leave.
Donated leave may be carried over from one leave year tothe next without limitation. Donated leave not actually usedremains in the recipient's account (i.e., is not restored todonors). Such residual donated leave at any time may beapplied against negative leave balances caused by a medicalexigency. At separation, any remaining donated leavebalance will be paid in a lump sum.
(The preceding Memorandum of Understanding, LeaveSharing, applies to Transitional Employees.)
NOTE: GRIEVANCE NUMBER Q90C-4QC 94013818 IS WITHDRAWN.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re:Article 12.5.C.5.b(6)
. . . In the Clerk Craft, an employee(s) involuntarily reas-signed shall be entitled at the time of such reassignment tofile a written request to return to the first vacancy [in thesame or lower salary level] in the craft and installation fromwhich reassigned. Such request for retreat rights mustindicate whether the employee(s) desires to retreat to thesame, lower, and/or higher salary level assignment and, ifso, what salary level(s). The employee(s) shall have the rightto bid for vacancies within the former installation and the
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written request for retreat rights shall serve as a bid forvacancies in the level from which the employee wasreassigned and for all residual vacancies in other levels forwhich the employee has expressed a desire to retreat. Theemployee(s) may retreat to only those [lower level]assignments for which the employee(s) would have beeneligible to bid. If vacancies are available in the specifiedlower, higher or same salary level [and in the salary level],the employee will be given the option.
Repostings occurring pursuant to Article 37, Sections3.A.4.a, 3.A.4.b, and 3.A.4.c, are specifically excluded fromthe application of this subsection.
Withdrawal of a bid or failure to qualify for a vacancy orresidual vacancy terminates retreat rights to the level of thevacancy. Furthermore, employees(s) electing to retreat to alower level are not entitled to salary protection.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Cross Craft Reassignments
In instances where employees represented by the APWUwill be involuntarily reassigned outside the installation,employees may be reassigned to other APWU crafts outsidethe installation. Such employees who meet the minimumqualifications will be afforded their option of availablevacancies by seniority.
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This memorandum does not affect any other rights thatMotor Vehicle Craft employees may possess under theprovisions of Article 12.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Transfers
The parties agree that the following procedures will befollowed when career Postal employees requestreassignment from one Postal installation to another.
Reassignments (Transfers)
A. Installation heads may continue to fill authorizedvacancies first through promotion, internal reassignmentand change to lower level, transfer from other agencies,reinstatements, etc., consistent with existing regulations andapplicable provisions of the National Agreement.
B. Installation heads will afford full consideration to allreassignment requests from employees in other geographicalareas within the Postal Service. The requests will beconsidered in the order received consistent with thevacancies being filled and type of positions requested. Suchrequests from qualified employees, consistent with theprovisions of this memorandum, will not be unreasonablydenied. Local economic and unemployment conditions, aswell as EEO factors, are valid concerns. When hiring fromentrance registers is justified based on these localconditions, an attempt should be made to fill vacancies from
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both sources. Except in the most unusual of circumstances,if there are sufficient qualified applicants for reassignmentat least one out of every four vacancies will be filled bygranting requests for reassignment in all offices of 100 ormore man-years if sufficient requests from qualifiedapplicants have been received. In offices of less than 100man-years a cumulative ratio of 1 out of 6 for the durationof the National Agreement will apply.
C. Districts will maintain a record of the requests forreassignment received in the offices within their area ofresponsibility. This record may be reviewed by the Union onan annual basis upon request. Additionally, on a semiannualbasis local Unions may request information necessary todetermine if a 1 out of 4 ratio is being met betweenreassignments and hires from the entrance registers in alloffices of 100 or more man-years.
D. Managers will give full consideration to the work,attendance, and safety records of all employees who areconsidered for reassignment. An employee must have anacceptable work, attendance, and safety record and meet theminimum qualifications for all positions to which theyrequest reassignment. Both the gaining and losinginstallation head must be fair in their evaluations.Evaluations must be valid and to the point, withunsatisfactory work records accurately documented.
1. For reassignments within the geographical areacovered by a District or to the geographical areacovered by adjacent Districts, the followingapplies: An employee must have at least eighteenmonths of service in their present installation priorto requesting reassignment to another installation.Employees reassigned to installations under theprovisions of this memorandum must remain in thenew installation for a period of eighteen months,unless released by the installation head earlier,
318
before being eligible to be considered forreassignment again, with the following exceptions:1.) in the case of an employee who requests toreturn to the installation where he/she previouslyworked; 2.) where an employee can substantiallyincrease the number of hours (8 or more hours perweek) by transferring to another installation andthe employee meets the other criteria, in whichcase the lock-in period will be 12 months.Employees serving under craft lock-in periods perthe provisions of the National Agreement mustsatisfy those lock-ins prior to being reassigned toother installations. These transfers are included inthe 1 out of 4 ratio.
2. For all other reassignments, the following applies:An employee must have at least one-year of servicein their present installation prior to requestingreassignment to another installation. Employeesreassigned to installations under the provisions ofthis memorandum must remain in the newinstallation for a period of one year, unless releasedby the installation head earlier, before beingeligible to be considered for reassignment again,except in the case of an employee who requests toreturn to the installation where he/she previouslyworked. Employees serving under craft lock-inperiods per the provisions of the NationalAgreement must satisfy those lock-ins prior tobeing reassigned to other installations.
E. Installation heads in the gaining installation willcontact the installation head of the losing installation andarrange for mutually agreeable reassignment and reportingdates. A minimum of thirty days notice to the losing officewill be afforded. Except in the event of unusualcircumstances at the losing installations, reasonable time
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will be provided to allow the installation time to fillvacancies, however, this time should not exceed ninety days.
F. Reassignments granted to a position in the same gradewill be at the same grade and step. Step increaseanniversaries will be maintained. Where voluntaryreassignments are to a position at a lower level, employeeswill be assigned to the step in the lower grade consistentwith Part 420 of the Employee and Labor Relations Manual.
G. Employees reassigned under these provisions will bereassigned consistent with the provisions of the appropriatecraft article contained in the National Agreement.Employees will not be reassigned to full-time regularpositions to the detriment of career part-time flexibleemployees who are available for conversion at the gaininginstallation. Seniority for employees transferred per thismemorandum will be established consistent with theprovisions of the National Agreement.
H. Relocation expenses will not be paid by the PostalService incident to voluntary reassignment. Such expenses,as well as any resulting interview expenses, must be borneby employees.
I. Under no circumstances will employees be requested orrequired to resign, and then be reinstated in order tocircumvent these pay provisions, or to provide for anadditional probationary period.
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320
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: PTFs Reassignment Opportunities
All part-time flexible (PTF) clerk craft employees on therolls on the date of this agreement who have completedtheir probationary period in installations with less than100 career clerk craft employees will be given anopportunity to be reassigned to offices with 100 or morecareer clerk craft employees.
The parties recognize that it is in the interest of both theEmployer and the Union to provide career clerk craftemployees in installations with less than 100 career clerkcraft employees the opportunity to be reassigned andfuture opportunities to be converted to full-time, prior tohiring PTFs in offices with 100 or more clerk craftemployees.
A list to include installation name, location, job title andnumber of all available part-time flexible vacancies inoffices within a District will be provided to theappropriate APWU Regional Coordinator.
The APWU Regional Coordinator, within 30 days ofreceipt of the list, will provide the names of eligible andqualified PTFs who will accept those opportunities.
For purposes of this agreement, an employee must havean acceptable work, attendance and safety record andmeet the minimum qualifications for all positions towhich they request reassignment. A part-time flexibleclerk reassigned pursuant to this agreement who fails to
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qualify in the gaining office will be returned to his/herformer installation as a part-time flexible employee.
Installation heads or designees in the gaining installationwill contact the installation head of the losing installationand arrange for mutually agreeable reassignment andreporting dates. The losing office will be afforded aminimum of 45 days notice. Except in the event ofunusual circumstances at the losing installation,reasonable time to fill vacancies will be provided thelosing installation, however, this time should not exceed120 days.
The parties agree that partnership is required toimprove the workplace environment. In support of thispartnership, the parties agree that the American PostalWorkers Union, AFL-CIO (APWU) will participate onthe Headquarters Threat Assessment Team (HAT).
The Postal Service also agrees that, at the request of theAPWU, the parties will meet to discuss mattersconcerning troubled workplaces or workplaceenvironment improvement which are of particularconcern to the APWU. With concurrence of the APWU,relevant information from these meetings may be sharedwith the other participants of the HAT.
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The HAT will serve as consultants to the partiesregarding workplace environment issues.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: NLRB Dispute Resolution Process
The United States Postal Service and the American PostalWorkers Union, AFL-CIO, in continuation of theircommitment to explore alternative procedures to reduce thenumber of unfair labor practice charges filed with theNational Labor Relations Board, agree to the followingprocedure for the handling of Union information requests:
1. With respect to requests for information under Articles17.3 and 31.3 of the National Agreement, the Unionmay request and shall obtain access through the PostalService to files and other records relevant and necessaryfor collective bargaining or the enforcement,administration or interpretation of the NationalAgreement. In this regard, the parties agree that theUnion is entitled to all relevant and necessaryinformation to perform its bargaining obligations as therepresentative of bargaining unit employees, and if therequested information has some bearing on an issuebetween the parties, it should be disclosed to the Union.Information requests for employee time records,employee leave records, employee prior disciplinerecords, employee staffing records and employee workschedule records are generally regarded as relevant withrespect to the Union's determination whether or not to
323
file a grievance concerning those matters. If the requestis unclear as to what information is being requested,Management should seek clarification from the Unionand the Union will provide in a timely fashion a moreprecise statement of what is being requested. The factthat the information does not reside in the local unit isnot sufficient by itself to deny an information request ifthe information is accessible by alternative means. TheUnion will provide Management with a completed"APWU Request For Information Form".
2. Management shall provide the requested information,a date on which the information will be forwarded or awritten statement explaining why the information willnot be provided to the Union within seven (7) days ofthe request. The parties may agree to mutually extendthe time limits set forth in this dispute resolutionprocess.
3. If the request is denied, the request shall be forwardedto District Management along with copies of the relatedcorrespondence and documents. The DistrictManagement representative will review the request asexpeditiously as possible, and shall provide therequested information, a date on which the informationwill be forwarded or a written statement explaining whythe information will not be provided, within ten (10)days following receipt of the referral.
4. If Management does not provide the requestedinformation at the District level, the request shall bereferred to the parties' Area representatives. After areview of the request by the Area Managementrepresentative, the Union shall provide a statement ofposition if requested by the Area Managementrepresentative, which shall be included in the file alongwith a statement of position by Management and anyother related correspondence and documentation. Either
324
party may supplement the file, if deemed necessary.The parties' Area representatives shall discuss thematter within twelve (12) days following referral of theUnion's request for information.
5. If Management does not provide the requestedinformation at the Area level, the entire file, whichshould include both parties' position statements and anyother supporting documentation, shall be sent to theUnion and Postal Service Headquarters. Either partymay supplement the file, if deemed necessary. TheVice President of Labor Relations or his designee andthe President of the Union or his designee shall discussthe matter within twelve (12) days following referral ofthe Union's request for information and, where possible,issue at least a verbal decision. The parties envision fewdisputes reaching the Headquarters level as it is thedesire of all concerned that any disputes about thepropriety of an information request be settled at thelowest possible level in the parties' respectiveorganizations.
6. With respect to information requests originating at theHeadquarters level, if such a request is denied byManagement, the parties agree to meet and discuss thematter at the Headquarters level no later than the end ofthe month following the denial of the informationrequest, and to exchange written statements of positionand copies of related correspondence and documentsprior to the meeting.
7. Pending exhaustion of these dispute resolution steps, nounfair labor practice charge asserting improper denialof an information request will be filed with the Board.If the information request dispute is not resolved by theparties within fourteen (14) days of the Headquarterslevel meeting, it is envisioned that the Union may filean unfair labor practice charge with the General
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Counsel of the National Labor Relations Board inWashington, D.C., pursuant to Section 102.33(a) of theBoard's Rules and Regulations. Upon such filing, theparties agree to provide to the Board's Division ofEnforcement a copy of the parties' written statements ofposition and other correspondence and documents setforth above, and agree to meet with representatives ofthe Division of Enforcement for the purpose of settlingthe case. If the case cannot be settled, and the charge isdeemed meritorious, it is the parties' intent that inappropriate cases the matter be submitted to the Boardthrough motion for summary judgment.
8. The process set forth in this agreement is prospectiveonly and has no applicability to any case currentlypending before the Board.
9. The process set forth in this agreement is entered intowithout precedent or prejudice to any party’s position inany matter, and may not be cited in any forum for anypurpose except to enforce its terms.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Expedited Arbitration
The United States Postal Service and the American PostalWorkers Union, AFL-CIO, agree to hear the followingissues in the Expedited Arbitration forum:
1. Individual Overtime Issues
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2. Withholding of Step Increases
3. Individual Leave Requests Concerning AnnualLeave, Sick Leave, Leave Without Pay, CourtLeave, Restricted Sick Leave, and Requests forMedical Certification
4. AWOL
5. Individual Holiday Scheduling Issues
6. Suspensions (Except Emergency Suspensions)
7. Article 25, Higher Level Assignments
8. Employee Claims
9. Letters of Demand of Less Than $2,000
10. Individual Clerk Craft Seniority Disputes
11. Such Other Matters as are Mutually Agreeable atthe Area/Regional Level
This agreement does not change either party's right to referan expedited case to regular arbitration in accordance withthe applicable procedures of Article 15, Section 5.C., of theNational Agreement.
The parties at the National level will continue to attempt toidentify and agree upon additional issues to be referred toExpedited Arbitration at the Area/Regional level inaccordance with Section 5.C. of Article 15 of the NationalAgreement.
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327
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE JOINT BARGAINING COMMITTEE
(American Postal Workers Union, AFL-CIO, andNational Association of Letter Carriers, AFL-CIO)
Re: Processing of Post-Removal Grievances
The parties agree that the processing and/or arbitration of anondisciplinary grievance is not barred by the finaldisposition of the removal of the grievant, if that nondis-ciplinary grievance is not related to the removal action.
(The preceding Memorandum of Understanding, Pro-cessing of Post-Removal Grievances, applies to TransitionalEmployees.)
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Interest on Back Pay
Where an arbitration award specifies that an employee isentitled to back pay in a case involving disciplinary suspen-sion or removal, the Employer shall pay interest on suchback pay at the Federal Judgment Rate. This shall apply tocases heard in arbitration after the effective date of the 1990Agreement.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Role of Inspection Service in Labor RelationsMatters
The parties recognize the role of the Postal InspectionService in the operation of the Postal Service and itsresponsibility to provide protection to our employees,security to the mail and service to our customers.
Postal Inspection Service policy does not condone disrespectby Inspectors in dealing with any individual. The PostalInspection Service has an obligation to comply fully with theletter and spirit of the National Agreement between theUnited States Postal Service and the American PostalWorkers Union, AFL-CIO and will not interfere in thedispute resolution process as it relates to Articles 15 and 16.
The parties further acknowledge the necessity of anindependent review of the facts by management prior to theissuance of disciplinary action, emergency procedures,indefinite suspensions, enforced leave or administrativeactions. Inspectors will not make recommendations, provideopinions, or attempt to influence management personnelregarding a particular disciplinary action, as defined above.
Nothing in this document is meant to preclude or limitPostal Service management from reviewing InspectionService documents in deciding to issue discipline.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Joint Contract Interpretation Manual
The United States Postal Service and the AmericanPostal Workers Union have engaged in extensivediscussion on ways to improve the parties' workplacerelationship, as well as ways to improve theGrievance/Arbitration procedure. Accordingly, theparties have agreed to establish a joint contract manualthat will contain the joint interpretation of contractprovisions. The parties will be bound by these jointinterpretations and grievances will not be filed assertinga position contrary to a joint interpretation. The partiesagree to initiate the process of establishing a jointcontract interpretation manual no later than 90 daysfrom the signing of this agreement.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Administrative Dispute Resolution Procedures
The U.S. Postal Service and the American Postal WorkersUnion, AFL-CIO (APWU) agree to continue AdministrativeDispute Resolution Procedures (ADRP) to help resolvecomplex disputes as they arise during the course of the
330
collective bargaining agreement. The ADRP will be used toresolve those disputes identified by the parties without thefiling of any grievances. A listing of subjects forconsideration in the ADRP will be submitted by the partiesat the national level within 30 days following the effectivedate of this Memorandum of Understanding. By mutualagreement, the parties at the national level may continue toadd subjects to the original listing.
For each subject(s), the Employer and the Union willdesignate individuals at the national level who will beresponsible for discussing and, where possible, for resolvingany disputes concerning the referenced subject(s). When aspecific subject is under consideration in the ADRP, anygrievance(s) concerning that identified subject will beremoved from the Grievance/Arbitration Procedure andforwarded to the ADRP. Where a grievance(s) has beenfiled and the subject of that grievance subsequently comesunder consideration by the ADRP, such grievance(s) will beremoved and forwarded to the ADRP.
The national level designees will be responsible for meetingregularly to resolve pending disputes. No special forms,appeals or paper work will be necessary to utilize the ADRP.When the designees cannot agree upon a resolution, eitherparty may declare an impasse. Each party will identify theissue in dispute in writing within 30 days after the declaredimpasse on the subject. The identified dispute will then beplaced on the appropriate arbitration docket.
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331
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Step 4 Procedures
This memorandum represents the parties' agreement withregard to withdrawing a grievance from regional arbitrationand referring the dispute to Step 4 of the grievanceprocedure.
If a case is withdrawn from regional arbitration, and thedispute referred to Step 4, and then remanded asnon-interpretive, it will be returned directly to regionalarbitration to be heard before the same arbitrator who wasscheduled to hear the case at the time of the referral to Step4. Additionally, if the hearing had opened, the case will bereturned to the same stage of arbitration.
The party referring the dispute to Step 4 from arbitration onthe day of the hearing or after the hearing opens shall paythe full costs of the arbitrator for that date unless anotherscheduled case is heard on that date by the arbitrator.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Timeliness Regarding Step 2(h) Appeals
When the Union incorrectly appeals a grievance underArticle 15.2 Step 2(h) to Step 3 rather than toarbitration, and can show the appeal was made timely,Management will not consider timeliness as a waiver ofthe grievance. If no timely appeal to Step 3 can beestablished by the Union then Management retains theright to raise the timeliness issue.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Grievance/Arbitration Appeals
Arbitration panels will be established by District, so eachDistrict will have its own panels. Grievance and arbitrationappeals to the former Regional level will be made to the fivegrievance/arbitration processing centers located at the fiveArea offices previously identified as Regional Offices.Cases will be scheduled for arbitration by the parties inthose offices.
This Memorandum is intended to continue the practices bywhich the above-referenced activities are currently being
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handled by the parties and is not intended to modify thosepractices.
Date: March 30, 1995
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Implementation Articles 15 and 16, 1998 Agreement
In recognition of the significant modifications that theparties made to the grievance/arbitration procedureduring 1998 negotiations, it is agreed that the changes toArticles 15 and Article 16 will not become effective untilsix months after the 1998 Agreement is ratified. Duringthe interim time period between negotiations andimplementation the parties will continue to utilize thecontract language of Articles 15 and 16 as it is written inthe 1994 Agreement. The parties also agree to use thisinterim time period to provide training to theirrespective representatives.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Purge of Warning Letters
The parties agree that there will be a one-time purge ofOfficial Disciplinary Letters of Warning from thepersonnel folders of all employees represented by theAmerican Postal Workers Union. To qualify to bepurged, a Letter of Warning must meet the followingconditions:
1. An issue date prior to the effective date of the 1998National Agreement between the parties.
2. The Letter of Warning has been in effect for 6months and has not been cited as an element of priordiscipline in any subsequent disciplinary action.
3. The Letter of Warning was not issued in lieu of asuspension or a removal action.
4. All grievances associated with discipline that ispurged as a result of this Memorandum shall bewithdrawn.
Date: November 20, 1998
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Discipline Task Force
The parties agree to have at the national level the "TaskForce on Discipline." The Task Force shall have tworepresentatives of the APWU and two representatives ofthe USPS.
The purpose of the Task Force shall be to study themanner in which discipline is administered by the USPS,the manner in which disputes about discipline arehandled by the parties, and to recommend changes andimprovements which can be made in the discipline anddispute resolution systems.
The Task Force is authorized, at its discretion, toconduct tests of alternative discipline and disputeresolution systems in various facilities, as well asintervene at Local Installations wherein the parties agreethat problems on discipline warrant some type of action.
The Task Force is further authorized to review andapprove requests made by local parties to implementmodified grievance/arbitration procedures, as well asalternative discipline systems.
The Task Force shall convene periodically but at leastquarterly, at such times and at such places as it deemsappropriate during the term of the 1998 NationalAgreement. No action or recommendations may betaken by the Task Force except by a consensus of itsparties. In addition, each Area shall develop and
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maintain a discipline Task Force to review and compilestatistics on the implementation of discipline anddetermine if intervention at a local installation iswarranted by the parties.
Nothing herein shall preclude any of the parties fromexercising the rights which they may otherwise have.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Centralized Uniform Program - BMEU Pilot
The parties agree that the memorandum concerningthe centralized uniform program will expire with the1994-1998 Agreement. The current pilot uniformprogram for Business Mail Entry Unit employees willcontinue until the current contract with Aramarkexpires.
* * *
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Joint Feasibility Study - Unit Accountability inPost Offices
This Memorandum of Understanding (MOU) represents anagreement between the parties to establish a NationalCommittee to jointly study the feasibility of replacing thecurrent method of individual clerk accountability with unitaccountability. The committee will consist of a limitednumber of designated representatives from each party.
This committee will meet as needed to plan and study theunit accountability concept.
* * *MEMORANDUM OF UNDERSTANDING
BETWEEN THEUNITED STATES POSTAL SERVICE
AND THEAMERICAN POSTAL WORKERS UNION,
AFL-CIO
Re: Stamp Stock Tolerances
The Financial Handbook for Postal Offices (F-1) shall berevised to reflect the following:
Amount of Stamp Stock Tolerance
Up to $30,000.00 $ 50.00$30,000.01 to $60,000.00 $100.00Above $60,000.00 $150.00
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THEAMERICAN POSTAL WORKERS UNION,
AFL-CIO and
Re: Reinstatement of Driving Privilege
It is hereby agreed by the United States Postal Service andthe American Postal Workers Union, AFL-CIO that:
1. The safety and health of employees is of significantconcern to the parties signatory to this Memorandum ofUnderstanding. Accordingly, the parties further agreethat the following is not intended to provide drivingprivileges to an employee when such privilege wouldplace the safety of the public or the employee at risk.
2. The mere fact that an employee was involved in avehicle accident is not sufficient to warrant automaticsuspension or revocation of driving privileges or theautomatic application of discipline.
3. When an employee's driving privilege is temporarilysuspended as a result of a vehicle accident, a full reviewof the accident will be made as soon as possible, but notlater than fourteen (14) days, and the employee'sdriving privileges must either be reinstated, suspendedfor a specified period of time not to exceed sixty (60)days, or revoked as warranted. If the decision is tosuspend or revoke the employee's driving privilege, theemployee will be provided, in writing, the reason(s) forsuch action.
4. If an employee requests that a revoked or suspendeddriving privilege be reinstated, Management willreview the request and make a decision as soon aspossible but not later than 45 days from the date of the
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employee's request. If the decision is to deny therequest, the employee will be provided with a writtendecision stating the reasons for the decision.
The Management review must give careful considerationto:
-- the nature, severity and recency of the incident(s) whichled to the revocation or suspension;
-- any driver's training or retraining courses completedfrom private schools, state sponsored courses, or PostalService training programs, especially when directlyrelevant to the incident(s) that led to the revocation;
-- successful participation in an EAP program, whenrelevant to the reasons for revocation;
-- the employee’s state driving record consistent with thecriteria for initial certification of driving privilege asstated in the applicable Handbook. The Employer maywaive these criteria if warranted in light of the otherfactors listed above.
5. This Memorandum of Understanding is not intended todefine the conditions or circumstances for which anemployee’s driving privilege may be suspended orrevoked.
Date: November 1998
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MEMORANDUM OF UNDERSTANDINGBETWEEN
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Local Implementation
It is hereby agreed by the United States Postal Service andthe American Postal Workers Union, AFL-CIO that thefollowing procedures will apply to the implementation ofArticle 30 during the 1998 local implementation period.
1. The 30 consecutive day period for 1998 localimplementation will commence on February 15,1999 and terminate on April 15, 1999.
If no party provides written notification of itsintent to invoke the local implementation processprior to February 28, 1999, presently effectiveMemoranda of Understanding not inconsistent orin conflict with the 1998 National Agreement shallremain in effect during the term of this Agreement.Initial proposals must be exchanged within the firsttwenty one (21) days of the 30 consecutive daylocal implementation period.
2. In the event that any issue(s) remains in dispute atthe end of the thirty (30) consecutive day localimplementation period, each party shall identifysuch issue(s) in writing. Initialed copies of thiswritten statement and copies of all proposals andcounterproposals pertinent to the issue(s) in disputewill be furnished by the appropriate local party tothe appropriate management official at thegrievance/arbitration processing center, of theEmployer with copies to the Postmaster, local
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Union President and the Union's RegionalRepresentative no later than April 30, 1999.Inclusion of any matter in the written statementdoes not necessarily reflect the agreement of eitherof the parties that such matter is properly subject tolocal implementation.
3. The appropriate management official at the Areaoffice and the Regional Union representative shallattempt to resolve the matters in dispute withinseventy-five (75) days after the expiration of thelocal implementation period. The appropriatemanagement official at the Area office and theRegional Union representative will have fullauthority to resolve all issues still in dispute.
4. If the parties identified in paragraph 3 above areunable to reach agreement at the Regional levelduring the seventy-five (75) day period providedfor above, the issue(s) may be appealed to final andbinding arbitration by the National UnionPresident or the Vice President, Labor Relations nolater than twenty-one (21) days of the end of theseventy-five (75) day period.
5. The parties at the Area level will selectsufficient arbitrators from the Regular Contractpanel to ensure that issues appealed are heardwithin 60 days of the appeal to arbitration.
VI. Where there is no agreement and the matter is notreferred to the appropriate management official atthe grievance/arbitration processing center or toarbitration, the provision(s), if any, of the formerLocal Memorandum of Understanding shall applyunless inconsistent with or in conflict with the1998 National Agreement.
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7. Where a dispute exists as to whether an item in theformer Local Memorandum of Understanding isinconsistent or in conflict with the 1998 NationalAgreement, such dispute will be processed inaccordance with the procedures outlined in two (2)through four (4) above. Items declared to beinconsistent or in conflict shall remain in effectuntil June 29, 1999.
This Memorandum of Understanding expires on theexpiration date of the 1998 National Agreement.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE ANDTHE JOINT BARGAINING COMMITTEE(American Postal Workers Union, AFL-CIO,
National Association of Letter Carriers, AFL-CIO)
Re: Bargaining Information
Pursuant to the provisions of Article 31 of the NationalAgreement, as soon as practicable after the ratification ofthe 1987 National Agreement between the United StatesPostal Service and the Joint Bargaining Committee (JBC),the Employer shall, on an accounting period basis, providethe Union with a computer tape containing the followinginformation on those in their respective bargaining units:
1. SSN 14. Rate Schedule2. Last Name 15. Nature of Action3. First Name (Full) 16. Effective Date4. Middle Initial 17. Pay Grade5. Address 18. Pay Step6. City 19. Health Benefit Plan7. State 20. Designation Activity
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8. ZIP Code 21. Enter on Duty Date9. Post Office Name 22. Retire on Date10. PO State 23. Layoff11. PO ZIP 24. Occupation Code12. PO Finance Number 25. Pay Location13. PO CAG
As a result of the Joint Bargaining Committee's request tohave the full first name included, each Union will pay 50percent of the actual systems and programming costassociated with this change, not to exceed a total cost of$10,000. Subsequently, the Postal Service will provide theUnions with the information above without charge.
Date: July 21, 1987
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN
UNITED STATES POSTAL SERVICE AND THEAMERICAN POSTAL WORKERS UNION,
AFL-CIO
MAINTENANCE CRAFT
Re: Subcontracting Cleaning Services
The parties agree that the following language will beincorporated into paragraph 535.261 of the AdministrativeSupport Manual.
.26 Cleaning Services
.261 Authorization
a. In a new facility or when a vacancy as aresult of an employee's voluntary attrition is
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identified in an independent installation or ina station and/or branch of an independentinstallation, the following sequential stepswill be taken to determine whether or not acontract cleaning service may be utilized:
(1) Measure the square footage of theinterior area, using procedures identifiedin handbook MS-47, Housekeeping-Postal Facilities. Then divide thatmeasurement by 18,000 and round offthe resulting number to four (4) decimalplaces;
(2) Measure the square footage of theexterior paved and unpaved area, to beserviced using the procedures identifiedin the MS-47 handbook. Then dividethat measurement by 500,000 andround off the resulting number to four(4) decimal places;
(3) Add the numbers obtained in steps 1 and2 together. If the resulting number isless than ONE (1), a contract cleaningservice may be used to perform therequired work.
b. If the determination is made to utilize acontract cleaning service, the local APWUPresident will be provided a copy of the abovecomputations.
c. The formula applies to replacementfacilities or existing facilities withextensions or modifications.
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d. Post Offices, or stations/branches whichcontract cleaning services under previouscriteria may continue to do so.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
MOTOR VEHICLE CRAFT
Re: Highway Contracts
In furtherance of ongoing application of Article 32, Section3 of the National Agreement the parties agree to thefollowing principles:
l. The U.S. Postal Service reaffirms its commitmentto require compliance with the highway contractspecifications including the Service Contract Act.Contracting officers and administrative officials atthe local level, when advised by American PostalWorkers Union officials of complaints and/orprovided information concerning allegedviolations of a specific contract(s), especially thosethat relate to vehicle schedules, wage rates, andsafety violations will, in a business-like manner,acknowledge to the interested American PostalWorkers Union official, receipt of said informationand the action taken in response to the situationidentified. Background information concerningscheduled routes will not be unreasonably denied.
2. The Postal Service recognizes the requirement toaccurately reflect vehicle equipment needs when
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developing transportation service requirements.Reasonable efforts will continue to be made at theappropriate management level to reconcile vehiclerequirements to existing postal vehicle sizes. Inthose situations where it is determined that thevehicle needed substantially differs from thatwhich is available in the U.S. Postal Service fleet,justification will be provided the responsible USPSmanagement office for those routes that otherwisemeet the criteria of Article 32.
3. The responsible USPS management office willcontinue to encourage all contractors to displayclearly and conspicuously on all vehicles, whileengaged in the transport of mail, their companyname, address and the fact that they are contractvehicles.
4. When the National Union is advised of thedecision to award and/or renew a highwaycontract(s), the U.S. Postal Service will provide areasonable explanation of its decision.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Subcontracting - Mail Equipment Shops
The Employer and the Union agree that the making ofcontracts for the purchase of equipment or supplies to bemanufactured by convict labor will be done in accordancewith Title 39 U.S.C., Section 2201, of the Postal
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Reorganization Act. The parties recognize that thecontracting of work to the Federal Prison Industries issubject to the provisions of Title 18, Chapter 307. TheEmployer will provide to the Union a copy of a request forproposal when issued.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Training Committee
The Postal Service reaffirms its commitment to provide em-ployees with training consistent with organizational needs.Additionally, the Postal Service recognizes the desirabilityof affording employees opportunities for self-developmentand will make training programs available to meet suchneeds.
The Postal Service will afford the Union, at the nationallevel, the opportunity to discuss concerns about specifictraining opportunities or programs. A Joint Committee onTraining is hereby established at the national level whichwill consist of representatives of both parties. TheCommittee shall meet to discuss matters of mutual interestand benefit relating to training programs and opportunities.The appropriate USPS management official shall be theEmployer's chief representative on such Committee. TheCommittee may consider and develop pilot programs,improved training methods and strategies, and other mattersrelated to employee training and educational opportunities,including exploring the potential for developing job relatedtraining and noncompensable non job related programs
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through the use of advanced computer technology. Issuesconcerning local training and educational opportunitiesincluding the use of postal facilities for noncompensabletraining in college accredited courses, publicity ofself-development training opportunities, and other trainingand educational matters of mutual interest and benefit areappropriate subjects for resolution at locallabor-management committee meetings.
Consistent with established regulations and operationalneeds, the Postal Service will make every effort to grantrequests for leave without pay by employees for training andeducational opportunities. Customer Service District officeswill maintain a record of employee requests for LWOPunder these provisions and the resulting action taken(approved/disapproved). If the request is denied, supportingrationale must accompany all such denials. Thisdocumentation will be forwarded to the National TrainingCommittee, with a copy to the area manager of HumanResources on a biannual basis for review. The Committee,through joint agreement, will take appropriate action if itdeems necessary.
The parties agree to consult at the national level to definewhether specific training courses and/or programs arejob-related, self-developmental, or can be considered both.The National Joint Training Committee will review alltraining programs for the purpose of compiling a listing oftraining opportunities for postal employees. Further, theNational Joint Training Committee will discuss theestablishment of training programs to promote local jointlabor-management cooperation.
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Use of Privately Owned Vehicles
The parties agree that the following represents the policy ofthe U.S. Postal Service and the American Postal WorkersUnion concerning the furnishing of privately owned vehicles(POV) by employees of the crafts represented by the APWU:
No craft employee represented by the APWU may becoerced into furnishing a vehicle or carrying passengerswithout the employee's consent. The use of a personalvehicle is the decision of the employee and it is not theintent of the parties to discourage such use of personalvehicles when transportation is needed from one postalfacility to another or in the completion of the employee'sassignment. When an employee begins his/her work day atone postal unit and is provided transportation to anotherunit to complete his/her tour of duty, that employee will beprovided transportation back to the unit where his/her tourbegan if transportation is needed. If the employee ends tourat the new location the return trip will not be on the clockbut transportation will be provided promptly by man-agement upon request.
Date July 21, 1987
(The preceding Memorandum of Understanding, Use ofPrivately Owned Vehicles, applies to Transitional Em-ployees.)
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350
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
CLERK CRAFT
Re: PTF Preference
The parties agree that the rewritten provisions of Article 37,Section 5, Conversion/Part-Time Flexible Preference, whichinclude the Memorandum of Understanding (page 198-200of the 1984 National Agreement), provide basically thesame procedure with the following exceptions:
l. Part-time flexible employees should state a preferencefor duty assignments for which they are currently qual-ified and such preferences should be listed prior toassignments for which they are not qualified. The em-ployees' preferences will be honored except as limitedby Sec. 5 of Article 37. Failure to state a preference forthe duty assignments for which the employee iscurrently qualified will result in the employer choosingbetween the duty assignments.
2. A time frame has been provided in Section 5.A.5 forplacing the senior part-time flexible stating a preferenceinto training.
3. A time frame has been provided in Section 5.A.6 whenan employee should be converted to full-time andplaced in the duty assignment upon successfullycompleting the required training or being identified asthe senior currently qualified part-time flexible.
Date: July 21, 1987
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MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THEAMERICAN POSTAL WORKERS UNION,
AFL-CIO
CLERK CRAFT
Re: Bids With Required Computer Skills
The following procedure will be followed when senior bid-ders, meeting the minimum qualifications (qualificationstandard), are assigned to administrative clerk craft assign-ments, PS-5, which require running of or interaction withcomputer programs:
1. The senior bidder will assume the hours and days of theassignment and be provided with on-the-job training(OJT) for a period of five working days. Noout-of-schedule premium will be paid as a result of thisaction.
2. By no later than the end of the five-day period thebidder must demonstrate the ability to successfully runthose programs/procedures for which he/she will beresponsible in the performance of the duties of theassignment. The specific programs/procedures will beidentified at the beginning of the period, andinstruction will be provided for each during the fivedays of OJT.
3. If the bidder is unable to successfully demonstrate theability to run the programs, the employee will bereturned to his/her previous assignment and theassignment will be awarded to the next senior currentlyqualified bidder who can immediately demonstrate theability to run the programs.
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4. In the event that the senior bidder is not successful, theemployee may request a schedule change to attain areasonable amount of time between the end of thetemporary assignment and the beginning of theemployee's next regularly scheduled reporting time.This request is subject to the prior approval of theemployee's supervisor and Union steward. When anemployee does not request a schedule change and theend of the assignment period provided for in item 1above is within ten hours of the employee's regularscheduled tour, managers will (prior to the qualificationperiod) identify the schedule of the qualification periodas extending through the employee's firstnon-scheduled day following the end of thequalification period. This provision will not serve toextend the time allowed for qualification as providedfor in item 2. The employee will not be eligible forout-of-schedule premium as a result of these schedulechanges.
5. The parties recognize that the Employer may developcomputer aptitude tests or other measures for use indetermining minimum qualifications.
6. The provisions of this memorandum do not apply tooperations assignments.
Date: July 21, 1987
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353
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
CLERK CRAFT
Re: Productive Distribution
It is agreed that, when the senior bidder completes 80% ormore of the allotted training time for scheme qualification,the employee will have the opportunity to be tested on theitems studied. This test may be taken at the option of theemployee.
If the senior bidder scores at least 90% on the above test, thesenior bidder may request assignment to productive distribu-tion during the remainder of the deferment period. Such re-quests, including a voluntary request for a change inschedule in order to provide such productive distribution,will be granted if operationally feasible.
This test is taken only for the purpose of being assigned toproductive distribution and does not count as an attempt toqualify. Employees will be afforded the same opportunitiesfor scheme qualifications as those established in the 1984-1987 National Agreement. Appropriate visual aids shall beprovided during this period of productive distribution.
The parties mutually agree that Clerk Craft employees withat least one year of current continuous career service in oneor more of the positions listed below are eligible to bid on orvoluntarily transfer to any other position listed below,without regard to the entrance examination requirement ofthe position being bid or voluntarily transferred. Suchemployees must be otherwise eligible to bid or voluntarilytransfer in accordance with the provisions of the NationalAgreement. Acceptance of voluntary transfer requestswill be considered in accordance with Article 12 and theMOU on transfers of the National Agreement.
An employee with at least one year of current continuouscareer service, in the Clerk Craft and/or in another craft(s),who is involuntarily reassigned to one of the positions listedbelow may be placed in that position without regard to theentrance examination requirement of the position.
The positions covered by this agreement are as follows:
Number Occ. Code Position Title Level
SP 2-383 2330-46 Air Records Processor 5SP 2-44 2320-15 Bulk Mail Clerk 5SP 2-43 2345-15 Claims and Inquiry Clerk 5KP-12 2315-04 Distribution Clerk 5
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SP 2-1 2340-02 Distribution and Window Clerk 5
SP 2-629 2340-80 Distribution, Window, and Markup Clerk 5
SP 2-633 2315-13 Distribution Clerk, Machine MPLSM 6
SP 2-634 2315-14 Distribution Clerk, Machine SPLSM 6
SP 2-27 2315-20 Flat Sorting Machine Operator 5
SP 2-28 2315-21 Flat Sorting MachineOperator 6
SP 2-37 2315-55 Mail Processor 4SP 2-469 2345-32 Mailing Requirements
Clerk 5SP 2-16 0301-41 Markup Clerk,
Automated 4SP 2-439 2315-06 Parcel Post Distributor
(Machine) 5SP 2-362 2315-06 Parcel Post Distributor
(Machine) 6KP-4 2340-04 Post Office Clerk 3SP 2-11 2340-06 Postage Due Clerk 5SP 2-12 2340-24 Postage Due Technician 6SP 2-502 2315-70 Sack Sorting Machine
The parties agree that the following letter sortingmachine provisions formerly contained in Article 37 ofthe National Agreement remain in full force and effect inthose installations that continue to have letter sortingmachines.
Bidding Provisions – Letter Sorting Machines
1. A full-time Distribution Clerk, Machine, servingunder a bidding restriction on the expiration date ofthe 1994-1998 National Agreement will be releasedfrom such restriction effective 180 days from thedate the employee was permanently assigned to theduty assignment requiring the restriction.
2. Any employee who becomes a full-time DistributionClerk, Machine, for the first time will be restrictedfrom further bidding for 365 days.
3. Former machine clerks who are no longer currentlyqualified who bid back to a full-time DistributionClerk, Machine, duty assignment and require lessthan 12 hours of training will not be restricted fromfurther bidding.
4. Former machine clerks who bid back to a full-timeDistribution Clerk, Machine, duty assignment andrequire 12 or more hours of formal training will be
357
restricted from further bidding for 180 days fromthe date of assignment.
5. These bidding restrictions apply unless such bid:
a. is to another letter sorting machine dutyassignment with the same scheme requirementbut with different days or hours of duty;
b. is from a non-scheme letter sorting machineduty assignment to another non-scheme lettersorting machine duty assignment or to any lettersorting machine duty assignment with a schemerequirement;
c. is to a duty assignment in a higher level;
d. is caused by the abolishment or reposting of theemployee's duty assignment. In such case, theemployee may bid on any letter sorting machineduty assignment, PS-6.
e. is by an unencumbered Distribution Clerk-Machine, PS-6. In such case, the employee maybid on any letter sorting machine dutyassignment, PS-6.
f. would enable the employee to be assigned to astation closer to the employee's place ofresidence;
g. is caused by substantiated medical or healthreasons, whereby continuation in the LSM dutyassignment would be harmful to the employee.
f. Full-time Distribution Clerks, Machine, who areserving under a bidding restriction may continue toapply for duty assignments which are filled on the
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basis of best qualified, including duty assignments inother crafts for which they are eligible to apply.
An employee serving an initial LSM lock-in may notstate a preference for or be involuntarily assigned to amanual duty assignment unless there are no vacantmachine duty assignments available.
* * *
MEMORANDUM OF UNDERSTANDING BETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
CLERK CRAFT
Re: Retail Training Task Force
The parties recognize the importance of customer serviceand product consulting skills in achieving customersatisfaction and retail sales growth and the important roleplayed by clerks and managers with responsibilities in retailoperations for assuring that growth.
With this in mind, the parties agree to establish a NationalTask Force on Retail Training. This Task Force will focuson the improvement of customer satisfaction and productconsulting skills, as well as the enhancement of our publicimage.
The Task Force will develop and oversee the administrationof a national, on-going program that emphasizes customerservice and product consulting skills for clerks assignedflexible credits, as well as managers with responsibilities inretail operations.
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The Task Force will consist of three members appointed bythe APWU and three members appointed by the PostalService. The charter of the Task Force will be to exploreand evaluate previous programs conducted in the field,research alternative approaches, outline parameters for theprogram, conduct and measure a pilot program, andadminister the national implementation of the program.The parties agree that the Task Force will approach itscharter with a spirit of cooperation and the determination toprovide managers and clerks with the skills to excel in ourcompetitive marketplace.
The Postal Service agrees to contribute at least $1.5 millionto a fund for this employee development effort. Such fundwill be used by the Task Force for program development andworkhour costs, including any travel related expenses.
Date: 9/27/95
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Retail Operations Within Installations
The parties agree that all existing retail operations willremain within the installation of which they are a partand all future retail operations established within thejurisdiction of an installation shall become a part of thatinstallation.
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This memorandum is entered into without prejudice tothe positions of either party on any issues.
This memorandum expires with the expiration of the1998 National Agreement.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
CLERK CRAFT
Re: Computerized Forwarding System (CFS) Rotation
In accordance with Article 37, Section 9, the partiesmutually agree that it is in the best interests of employeeswho work in the Computerized Forwarding System(CFS) operation to have a rotation system that allows fortime away from continuous uninterrupted keying duties.
In order to provide another option for an effectiverotation system in CFS units, it is agreed that localparties may adopt the same work/rest cycle that iscurrently employed in Remote Encoding Center (REC)sites.
Therefore, as soon as practicable, the parties will meetat the local level to reach agreement on the appropriatework/break cycle to employ in their CFS site. The localparties will meet to discus the issue and by mutualagreement will either implement the CFS work/breakcycle as listed below or continue with their currentwork/break cycle. It is not the intent of this agreement
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to add to existing breaks or change any system that iscurrently acceptable to the parties.
The current work/break cycle is as follows:
INTERIM WORK BREAK CYCLE
4 & 8 Hour Tours
Hours 1 & 5 Key 55 minutesBreak 5 minutes
Hour 2 & 6 Key 55 minutesBreak 5 minutes
Hour 3 & 7 Break 5 minutesKey 55 minutes
Hour 4 & 8 Break 5 minutesKey 55 minutes
HOME OR LUNCH BREAK
6 Hour Tours
Hour 1 Key 55 minutesBreak 5 minutes
Hour 2 Key 55 minutesBreak 5 minutes
Hour 3 Break 5 minutesKey 55 minutes
Hour 4 Break 5 minutesKey 55 minutes
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Hour 5 Break 10 minutesKey 50 minutes
Hour 6 Key 5 minutesBreak 5 minutesKey 50 minutes
HOME
This understanding applies only to CFS units and expiresat the end of the term of this agreement.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
CLERK CRAFT
Re: Function Four Flexibility
The parties agree that it is in the interest of the PostalService and the APWU to increase customer satisfactionin Postal Service retail operations. During the term ofthe 1998 National Agreement, the parties intend toexplore alternative methods to provide staffing andscheduling efficiency in function four operations. Suchmethods may include flexibility in full time and part timeschedules, utilization of hub clerks, lead clerks, crewchiefs, etc.
To further this effort, the parties agree to establish anational joint task force to explore and consider theseopportunities.
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At the discretion of the task force, pilots or trialprograms may be authorized to test these concepts atfacilities and in operations designated by the parties.These programs should be initiated prior to June, 1999.
At the conclusion of these trial programs and tests, butno later than the August 2000, the parties will meet todecide whether such tests should be continued, expanded,or implemented in whole or in part, or terminated at therequest of either party.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
CLERK CRAFT
Re: Brush-up Training
The parties agree that the appropriate Handbooks will bechanged to reflect the following:
I. For the purposes of this memorandum, brush-uptraining is defined as that training provided toemployees who are successful bidders on a dutyassignment and who are deemed to have a live record.Live Record is defined in Article 37, Section 1, of theNational Agreement.
II. To provide brush-up training for those employees witha live record as follows:
A. Manual Scheme (manual separation of mail into adistribution case)
364
1. Less than 90 days - none.
2. 90 to 180 days - up to 60 calendar daysproductive distribution.
3. 181 days to 2 years - up to 60 calendar daysproductive distribution plus up to one (1) hourof study (brush-up) time for each 200 schemeitems.
B. Letter Sorting Machines - Nonscheme Assignment(machine distribution of outgoing primary, stateand incoming primary distributions using ZIPCodes)
1. Less than 60 days - none.
2. 60 to 90 days - up to one (l ) hour keyboardtraining.
3. 90 to 180 days - up to two (2) hours keyboardtraining.
4. 181 to 365 days - up to four (4) hourskeyboard training.
5. 366 to 540 days - up to six (6) hours keyboardtraining.
6. 541 days to 2 years - up to eight (8) hourskeyboard training.
C. Letter Sorting Machines - Scheme Application(manual scheme knowledge applied to machinedistribution)
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1. Manual scheme 90 days (actual schemeknowledge)
a. Less than 90 days - none.
b. 90 to 180 days - up to ten (10) hoursproductive distribution prior to keyboardbrush-up training.
c. 181 to 365 days - up to twelve (12) hoursproductive distribution prior to keyboardbrush-up training.
d. 366 to 540 days - up to sixteen (16) hoursproductive distribution prior to keyboardbrush-up training.
e. 541 days to 2 years - up to twenty (20)hours productive distribution prior tokeyboard brush-up training.
f. In addition to the above, up to one (1)hour of study time for each 200 schemeitems will be provided for d and e.
NOTE: Generally, an employee who is assigned to theletter sorting machine will have his proficiency monitoredby use of the EDIT system. However, if this employee willbe assigned to manual scheme distribution on a regularbasis, he must be provided with productive distribution timeas shown for Manual Scheme.
2. Scheme Distribution on Letter SortingMachine
a. Less than 60 days - none.
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b. 60 to 90 days - up to one (1) hourkeyboard training.
c. 91 to 180 days - up to two (2) hourskeyboard training.
d. 181 to 365 days - up to four (4) hours
keyboard training.
e. 366 to 540 days - up to six (6) hourskeyboard training.
f. 541 days to 2 years - up to eight (8) hourskeyboard training.
D. Flat, Bundle, and Parcel Sorting Machines
1. Less than 60 days - none.
2. 60 to 180 days - up to one (1) hour keypadtraining.
3. 181 to 365 days - up to two (2) hours keypadtraining
. 4. 366 to 540 days - up to three (3) hours keypad
training.
5. 541 days to 2 years - up to four (4) hourskeypad training.
E. Machine - Memory Items
1. One ( l ) to 120 days - none.
2. 121 to 365 days - up to one (1) hour studytime.
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3. 366 days to 2 years - up to two (2) hours studytime.
F. In addition to the above, training will be providedwhen:
1. Scheme changes exceed 10 percent - at the rateof one (l) hour for each 16 items changed.
2. Memory item changes exceed 25 percent - atthe rate of one (l) hour for each 16 itemschanged.
G. Section 3.F.7 Assignments
1. One (l) to 540 days - none except when therehas been a significant change in servicesoffered, rates, or duties. If a significantchange has occurred, the appropriate portionof the training will be repeated; however, theemployee will not be tested.
2. 541 days to 3 years - up to 16 hours training.If significant change has occurred,appropriate training is mandatory; however,the employee will not be tested.
3. 3 years to 5 years - repeat formal training, notOJT; however, employee will not be tested.
All brush-up training is to be given on-the-clock andemployees will not be required to pass an examinationfollowing the training.
III. To provide employees with training time for MPLSMkeyboard training on a graduated hour scale based onthe number of scheme items, up to the hours listed byscheme size as follows:
368
100 to 299 scheme items up to 29 hours300 to 399 scheme items up to 30 hours400 to 499 scheme items up to 31 hours500 to 699 scheme items up to 32 hours700 to 799 scheme items up to 33 hours800 to 899 scheme items up to 34 hours900 to 1000 scheme items up to 35 hours
If a machine scheme is the first assignment, an employeewill be provided up to 47 hours of training. The above rangeis for subsequent assignments. If nonscheme application isthe subsequent assignment, an employee will be provided upto 32 hours of training.
IV. Provide for sequence of training for machineassignments requiring more than one (1) scheme asfollows:
1. 1st manual scheme deferment; then
2. scheme to machine deferment; then
3. 2nd manual scheme deferment; then
4. scheme to machine deferment.
In addition, the Memoranda of Understanding on pages 193,198-200, 200 and 201 of the 1984-1987 NationalAgreement are rescinded.
Date: July 21, 1987
* * *
369
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Automotive Mechanic; Lead Automotive Mechanic
The parties agree to conduct a joint evaluation of theAutomotive Mechanic and Lead Automotive Mechanicpositions utilizing Section 230 of the Employee andLabor Relations Manual (ELM). If the evaluationconcludes that a job should be ranked at a higher level,such re-ranking shall be implemented in a timelymanner.
Disputes between the parties over the evaluation and anyfinal decision will be addressed internally within thejoint evaluation process and shall not be subject to thegrievance/arbitration procedure.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Air Conditioning in 9 Ton Vehicles, Tractors, andSpotters
370
The Postal Service agrees that, on a prospective basis,contracts for the purchase of 9 ton vehicles, tractor andspotter vehicles will specify air conditioning for vehiclesdomiciled in specific areas of the country. A jointcommittee will be established for the purpose ofidentifying the specific areas where air conditioning willbe provided. The committee will be comprised of twomembers appointed by the APWU and two membersappointed by the Postal Service. The committee will relyupon heat/humidity index information and industrynorms in making their recommendations. Thecommittee's recommendations will be submitted to thePostal Service' s Vice President Labor Relations and theAPWU's President for resolution.
The parties further agree that the committee willcomplete their analysis and recommendations no laterthan March 1999.
* * *
LETTER OF INTENTBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Operation of Powered Industrial Equipment forMaterial Support Craft Employees
The operation of powered industrial equipment that ispowered by electric motor (battery) or internal combustion(flammable gases) requires the operators to have anappropriately endorsed Certificate of VehicleFamiliarization and Safe Operation. This is the caseregardless of whether the operator walks behind or rides onthe equipment to guide it.
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Level 4 employees, in the Mail Equipment Shops andMaterial Distribution Centers, who operate this equipmentand are required to have an appropriately endorsedCertificate of Vehicle Familiarization and Safe Operationare entitled to Level 5 compensation for the period of suchoperations.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Work Clothes Program - MES
The parties agree that employees who are assigned to theMail Equipment Shops and who are entitled to a WorkClothes Allowance, shall be suspended from the UniformAllowance Program. These employees will continue to beeligible for the established allowance amount as determinedby Article 26, however, the Employer will establish anagreement with an authorized vendor of the U.S. PostalService Uniform Program that will provide eligibleemployees with aprons, smocks, work shirts and/pants.Based on the allotment authorized, employees will retaintheir current Uniform Program anniversary date and shallcontinue to be subject to all existing regulations regardingthe work clothes program, except as noted above.
Effective with the date of this Agreement, employeesassigned to the position of Group Leader shall be eligible forthe Work Clothes allowance.
* * *
372
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Training Opportunities - Mail Equipment Shops
The Employer will continue to post the opportunity to takeavailable PEDC courses to enhance employee's abilities topass qualifying examinations for the following positions:
Mail Equipment Shops Technician - Grade 9
Data Conversion Operator (MES) - Grade 4
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICEAND THE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Mail Equipment Shops Operations
The parties agree that the Union will be informed as far inadvance as practicable of any decision to substantially alteroperations at the Mail Equipment Shops (MES) whichwill affect jobs at the MES.
No final decision on whether to substantially alteroperations at the MES which will affect jobs at the MESwill be made until the Employer has met and discussed thematter with the Union.
373
The intent of the parties is to provide that affectedemployees are given consideration, including training ifnecessary, for reassignment to an available postal position,in accordance with Article 12, for which they meet allqualifications, within the MES or to another bargaining unitrepresented by the American Postal Workers Union,AFL-CIO.
This Memorandum of Understanding expires at 12midnight, November 20, 2000.
* * *
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Overtime at the Mail Equipment Shops
The parties agree that in the Mail Equipment Shops,full-time employees not on the overtime desired list maybe required to work overtime only if all availableemployees on the overtime desired list have worked up toten (10) hours on a regularly scheduled day or up to four(4) hours on a non-scheduled day.
The parties further agree that before requiringemployees not on the overtime desired list to workovertime on a given day, qualified employees who arepresent and working in the section (as defined by theLocal Memorandum of Understanding) and in the samelevel will be given the opportunity to volunteer to workovertime on that day.
* * *
374
MEMORANDUM OF UNDERSTANDINGBETWEEN THE
UNITED STATES POSTAL SERVICE AND THE
AMERICAN POSTAL WORKERS UNION,AFL-CIO
Re: Dependent Care
During the term of the 1998 National Agreement, theparties agree to add a Dependent Care Subcommittee tothe National EAP Committee under Article 35.2. ThePresident of the APWU and the Vice President, HumanResources, may each name three members to serve onthe Dependent Care Subcommittee. Through thesubcommittee the parties agree to jointly work to developand recommend a national program for resource andreferral services for dependent care to beginimplementation no later than September 11, 1999. ThePostal Service will retain the responsibility forimplementation and administration of the program. Theparties will immediately begin work on details of theprogram. Upon implementation of the national programof resource and referral services for dependent care, thesubcommittee will monitor and evaluate the program asnecessary.
In addition the subcommittee may explore, evaluate andmake recommendations concerning Postal Servicecommunications and advertising of the national resourceand referral services. The subcommittee may study,assess and make recommendations regarding the benefitsof the resource and referral services and otherdependent care programs to employees and the USPSregarding issues such as improvements in attendance,productivity, morale, turnover, etc.
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At the end of the contract term, the parties will evaluatethe program to determine if either party wishes tocontinue.
COLA--See Cost-of-Living AdjustmentsCollection Procedures, Employer Claims 28 4A, B 137Combining Work of Different Crafts . . . 7 2A 21Combining Work of Same Craft . . . . . . 7 2A1 22Committees
Changes To--See Posting andBidding Under Each Craft HeadingDefinition--See Definition Under Each Craft HeadingInformation on Posting--See Posting and Bidding Under Each Craft Heading
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