NATIONAL AGREEMENT Proposed 2001-2006
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Notes:
1. Bold Face Type in the text indicates revised
or new language. Bold Face Type in headings
does not necessarily indicate change.
2. The text of the interest arbitration award
concerning NALC transitional employees
is included in Appendix B of this
Agreement. Where the interest arbitration
award provides that an existing provision
of this Agreement applies unchanged to
transitional employees, it is indicated in
parentheses following the applicable
provision. The references in parentheses
concerning transitional employees are not
negotiated language and do not affect the
substance or intent of the provisions of this
Agreement or the interest arbitration award
concerning NALC transitional employees.
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TABLE OF CONTENTS 1998 NATIONAL AGREEMENT
Subject Page Preamble ................................................................................ 1
Article 1 Union Recognition ................................................. 1
Article 2 Non-Discrimination and Civil Rights .................... 2
Article 3 Management Rights................................................ 3
Article 4 Technological and Mechanization Changes........... 3
Article 5 Prohibition of Unilateral Action............................. 4
Article 6 No Layoffs or Reduction in Force ......................... 4
Article 7 Employee Classifications ....................................... 9
Article 8 Hours of Work ...................................................... 11
Article 9 Salaries and Wages............................................... 14
Article 10 Leave .................................................................... 17
Article 11 Holidays................................................................ 19
Article 12 Principles of Seniority, Posting and
Reassignments ...................................................... 20
Article 13 Assignment of Ill or Injured Regular
Workforce Employees .......................................... 31
Article 14 Safety and Health ................................................. 35
Article 15 Grievance-Arbitration Procedure ......................... 40
Article 16 Discipline Procedure ............................................ 48
Article 17 Representation ...................................................... 50
Article 18 No Strike .............................................................. 53
Article 19 Handbooks and Manuals ...................................... 54
Article 20 Parking.................................................................. 54
Article 21 Benefit Plans......................................................... 55
Article 22 Bulletin Boards..................................................... 56
Article 23 Rights of Union Officials to
Enter Postal Installations...................................... 56
Article 24 Employees on Leave with Regard
to Union Business ................................................ 56
Article 25 Higher Level Assignments ................................... 57
Article 26 Uniforms and Work Clothes................................. 58
Article 27 Employee Claims ................................................. 59
Article 28 Employer Claims.................................................. 60
Article 29 Limitation on Revocation of
Driving Privileges................................................. 61
Article 30 Local Implementation .......................................... 62
Article 31 Union-Management Cooperation......................... 64
Article 32 Subcontracting...................................................... 64
Article 33 Promotions............................................................ 65
Article 34 Work and/ or Time Standards................................ 65
Article 35 Employee Assistance Programs ........................... 67
Article 36 Credit Unions and Travel ..................................... 68
Article 41 Letter Carrier Craft............................................... 68
Article 42 Energy Shortages.................................................. 77
Article 43 Separability and Duration .................................... 77
Appendix A Night Differentials................................................ 78
Appendix B Transitional Employee Arbitration Award............ 79
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Memorandums and Letters of Intent Deaf and Hard of Hearing............................................................ 96
Article 7, 12 and 13Ñ Cross Craft and Office Size .................... 98
Article 7.3..................................................................................... 98
MaximizationÑ Full-Time Flexible ............................................ 99
MaximizationÑ Letter of Intent .................................................. 99
Article 8...................................................................................... 100
Overtime Issues .......................................................................... 102
Work Assignment Overtime ....................................................... 103
Granting Step Increases.............................................................. 104
Leave Sharing............................................................................. 104
Sick Leave for Dependent Care ................................................. 105
Return to Duty............................................................................ 105
Annual Leave Carryover ............................................................ 106
Leave Policy ............................................................................... 106
Paid Leave and LWOP ............................................................... 107
Day of Observance ..................................................................... 107
ELM 436Ñ Back Pay ................................................................. 109
PTF Court Leave ........................................................................ 109
Transfers ..................................................................................... 110
Joint Safety and Accident Control Teams.................................. 112
Interest on Back Pay................................................................... 113
Article 15Ñ Dispute Resolution Process.................................... 113
Article 15Ñ Intervention ............................................................ 116
Arbitration Task Force................................................................ 116
Processing of Post-Removal Grievances.................................... 117
Processing of Grievances ........................................................... 117
Purge of Warning Letters ........................................................... 117
Article 19.................................................................................... 118
Centralized Uniform Program.................................................... 119
Reinstatement of Driving Privileges .......................................... 120
Local Implementation ................................................................ 121
Bargaining Information .............................................................. 123
Article 41Ñ Bid Process............................................................. 123
Router, Carrier Craft................................................................... 124
Special Count and InspectionÑ City Delivery Routes.............. 124
Training Committee ................................................................... 125
Use of Privately Owned Vehicles ............................................... 126
Segmentation .............................................................................. 126
Joint AgreementsÑ 9-17-92 ...................................................... 128
Resolution of Issues Left Open by Mittenthal Award................ 130
X-Routes..................................................................................... 132
Transitional Employees .............................................................. 135
Transitional EmployeesÑ PTF Conversions .............................. 137
Transitional Employee Employment Opportunities................... 138
DPS Work Methods.................................................................... 139
Fleischli Award Implementation ................................................ 139
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PREAMBLE
This Agreement (referred to as the 2001 National Agreement) is
entered into by and between the United States Postal Service (here-inafter
referred to as the "Employer") and the National Association
of Letter Carriers, AFL-CIO (hereinafter referred to as the
"Union"). The Agreement is effective as of November 21, 2001
unless otherwise provided.
ARTICLE 1 UNION RECOGNITION
Section 1. Union The Employer recognizes the National Association of Letter
Carriers, AFL-CIO as the exclusive bargaining representative of all
employees in the bargaining unit for which it has been recognized
and certified at the national level ÑCity Letter Carriers.
Section 2. Exclusions The employee group set forth in Section 1 above does not include,
and this Agreement does not apply to:
1. Managerial and supervisory personnel;
2. Professional employees;
3. Employees engaged in personnel work in other than a pure-ly
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 defined in
Article 7;
7. Rural letter carriers;
8. Mail handlers;
9. Maintenance Employees;
10. Special Delivery Messengers;
11. Motor Vehicle Employees; or
12. Postal Clerks.
Section 3. Facility Exclusions This Agreement does not apply to employees who work in other
employer facilities which are not engaged in customer services and
mail processing, previously understood and expressed by the parties
to mean mail processing and delivery, including but not limited to
Headquarters, Area Offices, Information Service Centers, Postal
Service Training and Development Institute, Oklahoma Postal
Training Operations, Postal Academies, Postal Academy Training
Institute, Stamped Envelope Agency, Supply Centers, Mail
Equipment Shops, or Mail Transport Equipment Centers.
Section 4. Definition Subject to the foregoing exclusions, this Agreement shall be applic-able
to all employees in the regular work force of the U. S. Postal
Service, as defined in Article 7, at all present and subsequently
acquired installations, facilities, and operations of the Employer,
wherever located.
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Section 5. New Positions A. Each newly created position shall be assigned by the Employer
to the national craft unit most appropriate for such position within
thirty (30) days after its creation. Before
such assignment of each new position the Employer shall
consult with the Union for the purpose of assigning the new position
to the national craft unit most appropriate for such position. The fol-lowing
criteria 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 the Postal Service's
need to assign employees across craft lines on a temporary basis;
5. the integral nature of all duties which comprise a normal duty
assignment;
6. the contractual and legal obligations and requirements of the par-ties.
B. The Union shall be notified promptly by the Employer regarding
assignments made under this provision. Should the Union dispute
the assignment of the new position within thirty (30) days from the
date the Union has received notification of the assignment of the
position, the dispute shall be subject to the provisions of the griev-ance
and arbitration procedure provided for herein.
Section 6. Performance of Bargaining Unit Work A. Supervisors are prohibited from performing bargaining unit work
at post offices with 100 or more bargaining unit employees, except:
1. in an emergency;
2. for the purpose of training or instruction of employees;
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 unit employees, super-visors
are prohibited from performing bargaining unit work except
as enumerated in Section 6. A. 1 through 5 above or when the duties
are included in the supervisor's position description.
(The preceding Article, Article 1, shall apply to Transitional
Employees.)
ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS
Section 1. Statement of Principle The Employer and the Union agree that there shall be no discrimi-nation
by the Employer or the Union against employees because of
race, color, creed, religion, national origin, sex, age, or marital sta-tus.
In addition, consistent with the other provisions of this Agreement,
there shall be no unlawful discrimination against handicapped
employees, as prohibited by the Rehabilitation Act.
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Section 2. Committees There are established at the national and area levels Joint
Committees on Human Rights. The committees will be composed
of a representative of the Union and responsible management offi-cials.
The committees may develop affirmative action proposals on
all matters affecting minority groups. The committees will also be
advised of the plan for site selection for facilities planned for nation-al
postal mail networks and major metropolitan areas, and review
availability of adequate housing and public transportation. The com-mittees
shall meet as required at mutually agreeable times.
Section 3. Grievances Grievances arising under this Article may be filed at Formal Step A
of the grievance procedure within fourteen (14) days of when the
employee or the Union has first learned or may reasonably have
been expected to have learned of the alleged discrimination, unless
filed directly at the national level, in which case the provisions of
this Agreement for initiating grievances at that level shall apply.
(The preceding Article, Article 2, shall apply to Transitional
Employees.)
ARTICLE 3 MANAGEMENT RIGHTS
The Employer shall have the exclusive right, subject to the provi-sions
of this Agreement and consistent with applicable laws and reg-ulations:
A. To direct employees of the Employer in the performance of offi-cial
duties;
B. To hire, promote, transfer, assign, and retain employees in posi-tions
within the Postal Service and to suspend, demote, discharge,
or take other disciplinary action against such employees;
C. To maintain the efficiency of the operations entrusted to it;
D. To determine the methods, means, and personnel by which such
operations are to be conducted;
E. To prescribe a uniform dress to be worn by letter carriers and
other designated employees; and
F. To take whatever actions may be necessary to carry out its mis-sion
in emergency situations, i. e., an unforeseen circumstance or a
combination of circumstances which calls for immediate action in a
situation which is not expected to be of a recurring nature.
(The preceding Article, Article 3, shall apply to Transitional
Employees.)
ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION
CHANGES
Both parties recognize the need for improvement of mail service.
Section 1. Advance Notice The Union will be informed as far in advance of implementation as
practicable of technological or mechanization changes which affect
jobs including new or changed jobs in the area of wages, hours or
working conditions. When major new mechanization or equipment
is to be purchased and installed, the Union at the national level will
be informed as far in advance as practicable, but no less than 90
days in advance.
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Section 2. Labor-Management Committee There shall be established at the national level a Joint-Labor
Management Technological or Mechanization Changes Committee
composed of an equal number of representatives of management
and the Union. Notice to said Committee shall satisfy the notice
requirements of the preceding paragraph. Upon receiving notice,
said Committee shall attempt to resolve any questions as to the
impact of the proposed change upon affected employees and if such
questions are not resolved within a reasonable time after such
change or changes are operational, the unresolved questions may be
submitted by the Union to arbitration under the grievance-arbitra-tion
procedure. Any arbitration arising under this Article will be
given priority in scheduling.
Section 3. New Jobs Any new job or jobs created by technological or mechanization
changes shall be offered to present employees capable of being
trained to perform the new or changed job and the Employer will
provide such training. During training, the employee will maintain
his/ her rate. It is understood that the training herein referred to is on
the job and not to exceed sixty (60) days. Certain specialized tech-nical
jobs may require additional and off-site training.
An employee whose job is eliminated, if any, and who cannot be
placed in a job of equal grade shall receive rate protection until such
time as that employee fails to bid or apply for a position in the
employee's former wage level.
The obligation hereinabove set forth shall not be construed to, in any
way, abridge the right of the Employer to make such changes.
ARTICLE 5 PROHIBITION OF UNILATERAL ACTION
The Employer will not take any actions affecting wages, hours and
other terms and conditions of employment as defined in Section
8( d) of the National Labor Relations Act which violate the terms of
this Agreement or are otherwise inconsistent with its obligations
under law.
(The preceding Article, Article 5, shall apply to Transitional
Employees.)
ARTICLE 6 NO LAYOFFS OR REDUCTION IN FORCE
(1) Each employee who is employed in the regular work force as of
the date of the Award of Arbitrator James J. Healy, September 15,
1978, shall be protected henceforth against any involuntary layoff or
force reduction.
It is the intent of this provision to provide security to each such
employee during his or her work lifetime.
Members of the regular work force, as defined in Article 7 of the
Agreement, include full-time regulars, part-time employees
assigned to regular schedules and part-time employees assigned to
flexible schedules.
(2) Employees who become members of the regular work force after
the date of this Award, September 15, 1978, shall be provided the
same protection afforded under (1) above on completion of six years
of continuous service and having worked in at least 20 pay periods
during each of the six years. 4
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(3) With respect to employees hired into the regular work
force after the date of this Award and who have not acquired the pro-tection
provided under (2) above, the Employer shall have the right
to effect layoffs for lack of work or for other legitimate reasons. This
right may be exercised in lieu of reassigning employees under the
provisions of Article 12, except as such right may be modified by
agreement. Should the exercise of the Employer's right to lay off
employees require the application of the provisions of Chapter 35 of
Title 5, United States Code, employees covered by that Chapter with
less than three years of continuous civilian federal service will be
treated as "career conditional" employees.
The Employer's right as established in this Section shall be effective
July 20, 1979.
The following terms as to the employees' and Employer's rights and
the rules and procedures to be followed in the implementation of
Article 6 are a part of the September 15, 1978 Final Resolution and
shall be final and binding upon the parties:
A. Coverage 1. Employees protected against any involuntary layoff or force
reduction.
Those employees who occupy full-time, part-time regular or
part-time flexible positions in the regular work force (as defined
in Article 7) on September 15, 1978, are protected against layoff
and reduction in force during any period of employment in the
regular work force with the United States Postal Service or suc-cessor
organization in his or her lifetime. Such employees are
referred to as "protected employees."
Other employees achieve protected status under the provisions
of A. 3 below.
2. Employees subject to involuntary layoff or force reduction.
Except as provided in A. 1 and A. 3, all employees who enter the
regular work force, whether by hire, transfer, demotion, reas-signment,
reinstatement, and reemployment on or after
September 16, 1978, are subject to layoff or force reduction and
are referred to as "non-protected employees."
3. Non-protected employees achieving protected status.
(a) A non-protected employee achieves protected status upon
completion of six years of continuous service in their regular
work force. The service requirement is computed from the
first day of the pay period in which the employee enters the
regular work force. To receive credit for the year, the employ-ee
must work at least one hour or receive a call-in guarantee in
lieu of work in at least 20 of the 26 pay periods during that
anniversary year.
Absence from actual duty for any of the following 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 by Chapter 43 of Title 38, or time
spent on continuation of pay, leave without pay or on
OWCP rolls because of compensable injury on duty.
(2) Time spent on paid annual leave or sick leave, as provid-ed
for in Article 10 of the Agreement.
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(3) Leave without pay for performing Union business as pro-vided
for in Article 24 of the Agreement.
(3) All other unpaid leave and periods of suspension or time
spent in layoff or RIF status will not be considered work.
Failure to meet the 20 pay period requirement in any given
anniversary year means the employee must begin a new
six year continuous service period to achieve protected
status.
(b) Temporary details outside of the regular work force in which
the employee's position of record remains in the regular
work force count toward fulfilling the 20 pay periods of work
requirement per year.
(c) If a non-protected employee leaves the regular work force for
a position outside the Postal Service and remains there more
than 30 calendar days, upon return the employee begins a
new service period for purposes of attaining six years con-tinuous
service.
(d) If a non-protected employee leaves the regular work force
and returns within two years from a position within the
Postal Service the employee will receive credit for previous-ly
completed full anniversary years, for purposes of attaining
the six years continuous service.
B. Preconditions for Implementation of Layoff and Reduction in Force.
1. The affected Union( s) shall be notified at the Regional level
no less than 90 days in advance of any layoff or reduction in
force that an excess of employees exists or will exist at an
installation and that a layoff and reduction in force may be
necessary. The Employer will explain to the Union( s) the basis
for its conclusion that legitimate business reasons require the
excessing and possible separation of employees.
2. No employee shall be reassigned under this Article or laid off
or reduced in force unless and until that employee has been
notified at least 60 days in advance that he or she may be
affected by one or the other of these actions.
3. The maximum number of excess employees within an instal-lation
shall be determined by seniority unit within each cate-gory
of employees (full-time, part-time regular, part-time flex-ible).
This number determined by the Employer will be given
to the Union( s) at the time of the 90-day notice.
4. Before implementation of reassignment under this Article or, if
necessary, layoff and reduction in force of excess employees
within the installation, the Employer will, to the fullest extent
possible, separate all casuals within the craft and minimize the
amount of overtime work and part-time flexible hours in the
positions or group of positions covered by the seniority unit as
defined in this Agreement or as agreed to by the parties. In
addition, the Employer shall solicit volunteers from among
employees in the same craft within the installation to terminate
their employment with the Employer.
Employees who elect to terminate their employment will
receive a lump sum severance payment in the amount provid-ed
by Part 435 of the Employee and Labor Relations Manual,
will receive benefit coverage to the extent provided by such
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Manual, and, if eligible, will be given the early retirement ben-efits
provided by Section 8336( d)( 2) of Title 5, United States
Code and the regulations implementing that statute.
5. No less than 20 days prior to effecting a layoff, the Employer
will post a list of all vacancies in other seniority units and crafts
at the same or lower level which exist within the installation and
within the commuting area of the losing installation. Employees
in an affected seniority unit may, within 10 days after the post-ing,
request a reassignment under this Article to a posted vacan-cy.
Qualified employees will be assigned to such vacancies on
the basis of seniority. If a senior non-preference eligible employ-ee
within the seniority unit indicates no interest in available reas-signment,
then such employee becomes exposed to layoff. A
preference eligible employee within the seniority unit shall be
required to accept such a reassignment to a vacancy in the same
level at the installation, or, if none exists at the installation, to a
vacancy in the same level at an installation within the commut-ing
area of the losing installation.
If the reassignment is to a different craft, the employee's senior-ity
in the new craft shall be established in accordance with the
applicable seniority provisions of the new craft.
C. Layoff and Reduction in Force 1. Definition. The term "layoff' as used herein refers to the sep-aration
of non-protected. non-preference eligible employees
in the regular work force because of lack of work or other
legitimate, non-disciplinary reasons. The term "reduction in
force" as used herein refers to the separation or reduction in
the grade of a non-protected veterans' preference eligible in
the regular work force because of lack of work or other legit-imate
non-disciplinary reasons.
2. Order of layoff. If an excess of employees exists at an instal-lation
after satisfaction of the preconditions set forth in (B)
above, the Employer may lay off employees within their
respective seniority units as defined in the Agreement.
3. Seniority units for purposes of layoff. Seniority units with-in
the categories of full-time regular, part-time regular, and
part-time flexible, will consist of all non-protected persons at
a given level within an established craft at an installation
unless the parties agree otherwise. It is the intent to provide
the broadest possible unit consistent with the equities of
senior non-protected employees and with the efficient opera-tion
of the installation.
4. Union representation. Chief stewards and union stewards
whose responsibilities bear a direct relationship to the effec-tive
and efficient representation of bargaining unit employees
shall be placed at the top of the seniority unit roster in the
order of their relative craft seniority for the purposes of lay-off,
reduction in force, and recall.
5. Reduction in force. If an excess of employees exists at an
installation after satisfaction of the preconditions set forth in
(B) above and after the layoff procedure has been applied, the
Employer may implement a reduction in force as defined
above. Such reduction will be conducted in accordance with
statutory and regulatory requirements that prevail at the time
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the force reduction is effected. Should applicable law and reg-ulations
require that other non-protected, non-preference eli-gible
employees from other seniority units be laid off prior to
reduction in force, such employees will be laid off in inverse
order of their craft seniority in the seniority unit.
In determining competitive levels and competitive areas
applicable in a force reduction, the Employer will submit its
proposal to the Union( s) at least 30 days prior to the reduction.
The Union( s) will be afforded a full opportunity to make sug-gested
revisions in the proposal. However, the Employer, hav-ing
the primary responsibility for compliance with the statute
and regulations, reserves the right to make the final decision
with respect to competitive levels and competitive areas. In
making its decision with respect to competitive levels and
competitive areas the Employer shall give no greater retention
security to preference eligibles than to non-preference eligi-bles
except as may be required by law.
D. Recall Rights 1. Employees who are laid off or reduced in force shall be placed
on recall lists within their seniority units and shall be entitled
to remain on such lists for two years. Such employees shall
keep the Employer informed of their current address.
Employees on the lists shall be notified in order of craft
seniority within the seniority unit of all vacant assignments in
the same category and level from which they were laid off or
reduced in force. Preference eligibles will be accorded no
recall rights greater than non-preference eligibles except as
required by law. Notice of vacant assignments shall be given
by certified mail, return receipt requested, and a copy of such
notice shall be furnished to the local union president. An
employee so notified must acknowledge receipt of the notice
and advise the Employer of his or her intentions within 5 days
after receipt of the notice. If the employee accepts the position
offered he or she must report for work within 2 weeks after
receipt of notice. If the employee fails to reply to the notice
within 5 days after the notice is received or delivery cannot be
accomplished, the Employer shall offer the vacancy to the next
employee on the list. If an employee declines the offer of a
vacant assignment in his or her seniority unit or does not have
a satisfactory reason for failure to reply to a notice, the
employee shall be removed from the recall list.
2. An employee reassigned from a losing installation pursuant to
B. 5 above and who has retreat rights shall be entitled under
this Article to exercise those retreat rights before a vacancy is
offered to an employee on the recall list who is junior to the
reassigned employee in craft seniority.
E. Protective Benefits 1. Severance pay. Employees who are separated because of a
layoff or reduction in force shall be entitled to severance pay
in accordance with Part 435 of the Employee and Labor
Relations Manual.
2. Health and Life Insurance Coverage. Employees who are
separated because of a layoff or a reduction in force shall be
entitled to the health insurance and life insurance coverage
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and to the conversion rights provided for in the Employee and
Labor Relations Manual.
F. Union Representation Rights 1. The interpretation and application of the provisions of this
Award shall be grievable under Article 15. Any such grievance
may be introduced at Step B and shall be subject to priority
arbitration.
2. The Employer shall provide to the affected Union( s) a quar-terly
report on all reassignments, layoff and reductions in
force made under this Article.
3. Preference eligibles are not deprived of whatever rights of
appeal such employees may have under applicable laws and
regulations. If the employee appeals under the Veterans'
Preference Act, however, the time limits for appeal to arbi-tration and the normal contractual arbitration scheduling
procedures are not to be delayed as a consequence of that appeal; if there is an MSPB appeal pending as of the date
the arbitration is scheduled by the parties, the grievant waives access to the grievance-arbitration procedure
beyond Step B.
G. Intent The Employer shall not lay off, reduce in force, or take any other
action against a non-protected employee solely to prevent the attain-ment
of that employee of protection status.
ARTICLE 7 EMPLOYEE CLASSIFICATIONS
Section 1. Definition and Use A. Regular Work Force. The regular work force shall be com-prised
of two categories of employees which are as follows:
1. Full-Time. Employees in this category shall be hired pur-suant
to such procedures as the Employer may establish
and shall be assigned to regular schedules consisting of
five (5) eight (8) hour days in a service week.
2. Part-Time. Employees in this category shall be hired pur-suant
to such procedures as the Employer may establish
and shall be assigned to regular schedules of less than
forty (40) hours in a service week, or shall be available to
work flexible hours as assigned by the Employer during
the course of a service week.
B. Supplemental Work Force.
1. The supplemental work force shall be comprised of casu-al
employees. Casual employees are those who may be uti-lized
as a limited term supplemental work force, but may
not be employed in lieu of full or part-time employees.
2. During the course of a service week, the Employer will
make every effort to insure that qualified and available
part-time flexible employees are utilized at the straight-time
rate prior to assigning such work to casuals.
3. The number of casuals who may be employed in any peri-od,
other than December, shall not exceed 3 1 /2 % of the
total number of employees covered by this Agreement.
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4. Casuals are limited to two (2) ninety (90) day terms of
casual employment in a calendar year. In addition to such
employment, casuals may be reemployed during the
Christmas period for not more than twenty-one (21) days.
C. Transitional Work Force 1. The transitional work force shall be comprised of noncareer,
bargaining unit employees utilized to fill vacated assignments
as follows:
a. Transitional employees may be used to cover duty assign-ments
which are due to be eliminated by automation and
residual vacancies withheld pursuant to Article 12.
b. Transitional employees may be used to replace part-time
attrition. Over the course of a pay period, the Employer
will make every effort to ensure that qualified and avail-able
part-time flexible employees are utilized at the
straight-time rate prior to assigning such work to transi-tional
employees working in the same work location and
on the same tour, provided that the reporting guarantee for
transitional employees is met.
2. Transitional employees shall be hired pursuant to such proce-dures
as the Employer may establish. They will be hired for a
term not to exceed 359 calendar days for each appointment.
Transitional employees will have a break in service of at least 6
days between appointments.
(Additional provisions regarding Transitional Employees can be
found in Appendix B)
Section 2. Employment and Work Assignments A. Normally, work in different crafts, occupational groups or
levels will not be combined into one job. However, to provide max-imum
full-time employment and provide necessary flexibility, man-agement
may establish full-time schedule assignments by including
work within different crafts or occupational groups after the follow-ing
sequential actions have been taken:
1. All available work within each separate craft by tour has been
combined.
2. Work of different crafts in the same wage level by tour has
been combined.
The appropriate representatives of the affected Unions will be in-formed
in advance of the reasons for establishing the combination
full-time assignments within different crafts in accordance with this
Article.
B. In the event of insufficient work on any particular day or days
in a full-time or part-time employee's own scheduled assignment,
management may assign the employee to any available work in the
same wage level for which the employee is qualified, consistent
with the employee's knowledge and experience, in order to maintain
the number of work hours of the employee's basic work schedule.
C. During exceptionally heavy workload periods for one occu-pational
group, employees in an occupational group experiencing a
light workload period may be assigned to work in the same wage
level, commensurate with their capabilities, to the heavy workload
area for such time as management determines necessary.
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Section 3. Employee Complements A. The Employer shall staff all postal installations which have
200 or more workyears of employment in the regular work force as
of the date of this Agreement with 88% full-time employees in the
letter carrier craft.
B. The Employer shall maximize the number of full-time
employees and minimize the number of part-time employees who
have no fixed work schedules in all postal installations; however,
nothing in this paragraph B shall detract from the USPS' ability to
use the awarded full-time/ part-time ratio as provided for in para-graph
3. A. above.
C. A part-time flexible employee working eight (8) hours with-in
ten (10), on the same five (5) days each week and the same
assignment over a six month period will demonstrate the need for
converting the assignment to a full-time position.
D. Where a count and inspection of an auxiliary city delivery
assignment indicates that conversion to a full-time position is in
order, conversion will be made.
ARTICLE 8 HOURS 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, pro-vided,
however, that in all offices with more than 100 full-time
employees in the bargaining units the normal work week for full-time
regular employees will be forty hours per week, eight hours per
day within nine (9) consecutive hours. Shorter work weeks will,
however, exist as needed for part-time regulars.
Section 2. Work Schedules A. The employee's service week shall be a calendar week begin-ning
at 12: 01 a. m. Saturday and ending at 12 midnight the follow-ing
Friday.
B. The employee's service day is the calendar day on which the
majority of work is scheduled. Where the work schedule is distrib-uted
evenly over two calendar days, the service day is the calendar
day on which such work schedule begins.
C. The employee's normal work week is five (5) service days,
each consisting of eight (8) hours, within ten (10) consecutive hours,
except as provided in Section 1 of this Article. As far as practicable
the five days shall be consecutive days within the service week.
Section 3. Exceptions The above shall not apply to part-time employees and transitional
employees.
Part-time employees will be scheduled in accordance with the above
rules, except they may be scheduled for less than eight (8) hours per
service day and less than forty (40) hours per normal work week.
Transitional employees will be scheduled in accordance with
Section 2, A and B, of this Article.
Section 4. Overtime Work A. Overtime pay is to be paid at the rate of one and one-half (1 1/ 2)
times the base hourly straight time rate.
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(The preceding paragraph, Article 8.4. A., shall apply to transi-tional
employees.)
B. Overtime shall be paid to employees for work performed only
after eight (8) hours on duty in any one service day or forty (40)
hours in any one service week. Nothing in this Section shall be con-strued
by the parties or any reviewing authority to deny the payment
of overtime to employees for time worked outside of their regularly
scheduled work week at the request of the Employer.
(The preceding paragraph, Article 8.4. B., shall apply to transi-tional
employees.)
C. Penalty overtime pay is to be paid at the rate of two (2) times
the base hourly straight time rate. Penalty overtime pay will not be
paid for any hours worked in the month of December.
(The preceding paragraph, Article 8.4. C., shall apply to transi-tional
employees.)
D. Penalty overtime pay will be paid to full-time regular
employees for any overtime work in contravention of the restrictions
in Section 5. F.
E. Excluding December, part-time flexible employees will
receive penalty overtime pay for all work in excess of ten (10) hours
in a service day or fifty-six (56) hours in a service week.
(The preceding paragraph, Article 8.4. E., shall apply to transi-tional
employees.)
F. Wherever two or more overtime or premium rates may appear
applicable to the same hour or hours worked by an employee, there
shall be no pyramiding or adding together of such overtime or pre-mium
rates and only the higher of the employee's applicable rates
shall apply.
(The preceding paragraph, Article 8.4. F., shall apply to transi-tional
employees.)
Section 5. Overtime Assignments When needed, overtime work for full-time employees shall be
scheduled among qualified employees doing similar work in the
work location where the employees regularly work in accordance
with the following:
A. Employees desiring to work overtime shall place their names
on either the "Overtime Desired" list or the "Work Assignment" list
during the two weeks prior to the start of the calendar quarter, and
their names shall remain on the list until such time as they remove
their names from the list. Employees may switch from one list to
the other during the two weeks prior to the start of the calendar quar-ter,
and the change will be effective beginning that new calendar
quarter.
B. "Overtime Desired" lists will be established by craft, section
or tour in accordance with Article 30, Local Implementation.
C. 1. (RESERVED)
C. 2. a. When during the quarter the need for overtime arises,
employees with the necessary skills having listed their
names will be selected from the "Overtime Desired" list.
b. During the quarter every effort will be made to distribute
equitably the opportunities for overtime among those on
the "Overtime Desired" list.
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c. In order to insure equitable opportunities for overtime,
overtime hours worked and opportunities offered will be
posted and updated quarterly.
d. Recourse to the "Overtime Desired" list is not necessary in
the case of a letter carrier working on the employee's own
route on one of the employee's regularly scheduled days.
D. If the voluntary "Overtime Desired" list does not provide suf-ficient
qualified people, qualified full-time regular employees not on
the list may be required to work overtime on a rotating basis with
the first opportunity assigned to the junior employee.
E. Exceptions to C and D above if requested by the employee
may be approved by local management in exceptional cases based
on equity (e. g., anniversaries, birthdays, illness, deaths).
F. Excluding December, no full-time regular employee will be
required to work overtime on more than four (4) of the employee's
five (5) scheduled days in a service week or work over ten (10)
hours on a regularly scheduled day, over eight (8) hours on a non-scheduled
day, or over six (6) days in a service week.
G. Full-time employees not on the "Overtime Desired" list may
be required to work overtime only if all available employees on the
"Overtime Desired" list have worked up to twelve (12) hours in a
day or sixty (60) hours in a service week. Employees on the
"Overtime Desired" list:
1. may be required to work up to twelve (12) hours in a day and
sixty (60) hours in a service week (subject to payment of
penalty overtime pay set forth in Section 4. D for contravention
of Section 5. F); and
2. excluding December, shall be limited to no more than twelve
(12) hours of work in a day and no more than sixty (60) hours
of work in a service week.
However, the Employer is not required to utilize employees on the
"Overtime Desired" list at the penalty overtime rate if qualified
employees on the "Overtime Desired" list who are not yet entitled
to penalty overtime are available for the overtime assignment.
Section 6. Sunday Premium Payment Each employee whose regular work schedule includes a period of
service, any part of which is within the period commencing at mid-night
Saturday and ending at midnight Sunday, shall be paid extra
compensation at the rate of 25 percent of the employee's base
hourly rate of compensation for each hour of work performed dur-ing
that period of service. An employee's regularly scheduled
reporting time shall not be changed on Saturday or Sunday solely to
avoid the payment of Sunday premium payment.
Section 7. Night Shift Differential For time worked between the hours of 6: 00 p. m. and 6: 00 a. m.,
career employees shall be paid additional compensation at the
applicable flat dollar amount at each pay grade and step in accor-dance
with Appendix A attached hereto.
(The preceding, Article 8.7, shall apply to transitional employees.)
Section 8. Guarantees A. An employee called in outside the employee's regular work
schedule shall be guaranteed a minimum of four (4) consecutive
hours of work or pay in lieu thereof where less than four (4) hours
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of work is available. Such guaranteed minimum shall not apply to
an employee called in who continues working on into the employ-ee's
regularly scheduled shift.
B. When a full-time regular employee is called in on the
employee's non-scheduled day, the employee will be guaranteed
eight hours work or pay in lieu thereof.
C. The Employer will guarantee all employees at least four (4)
hours work or pay on any day they are requested or scheduled to
work in a post office or facility with 200 or more work-years of
employment per year. All employees at other post offices and facil-ities
will be guaranteed two (2) hours work or pay when requested
or scheduled to work.
D. Any transitional employee who is scheduled to work and who
reports for work shall be guaranteed four (4) hours' work or pay.
Section 9. Wash-Up Time Installation heads shall grant reasonable wash-up time to those
employees who perform dirty work or work with toxic materials.
The amount of wash-up time granted each employee shall be sub-ject
to the grievance procedure.
(The preceding paragraph, Article 8.9, shall apply to transitional
employees.)
ARTICLE 9 SALARIES AND WAGES
Section 1. Basic Annual Salary For those grades and steps in effect during the term of the 1998
Agreement, the basic annual salary schedules, with
proportional application to hourly rate employees, for those
employees covered under the terms and conditions of this
Agreement shall be increased as follows:
Effective November 17, 2001Ñ the basic annual salary for each
grade and step shall be increased by an amount equal to 1.8% of
the basic annual salary for the grade and step in effect as of
November 16, 2001.
Effective November 16, 2002Ñ the basic annual salary for each
grade and step shall be increased by an amount equal to 1.5% of
the basic annual salary for the grade and step in effect as of
November 16, 2001.
Effective November 15, 2003Ñ the basic annual salary for each
grade and step shall be increased by an amount equal to 1.2% of
the basic annual salary for the grade and step in effect as of
November 16, 2001.
Effective November 27, 2004Ñ the basic annual salary for each
grade and step shall be increased by an amount equal to 1.3% of
the basic annual salary for the grade and step in effect as of
November 16, 2001.
Effective November 26, 2005Ñ the basic annual salary for each
grade and step shall be increased by an amount equal to 1.3% of
the basic annual salary for the grade and step in effect as of
November 16, 2001.
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Section 2. One-Time Cash Payment A. Full-Time Employees
All eligible non-probationary full-time employees covered by
this Agreement shall receive a one-time cash payment, not to be
included in basic pay, as follows:
Effective September 7, 2002Ñ In lieu of COLA payments during the first year of the contract, there will be a one-time
cash payment based on the change in the CPI-W from October 2001 to July 2002. The one-time cash payment will
be based on the COLA formula as detailed in Section 3. C, below.
B. Hourly Rate Employees All eligible non-probationary hourly rate employees, who have
been paid for less than 2000 hours during the twenty-six pay peri-ods
prior to the effective date of the cash payment, i. e.,
September 7, 2002, shall receive such payment based on their number of paid hours during that period in accordance with the
following schedule:
Number of Paid Hours Percent of Cash Payment
1 and Under 500 25
500 and Under 1000 50
1000 and Under 1500 75
1500 and Over 100
The percentage determined as a result of the above computation
will be applied to the one-time cash payment to determine the non-probationary
hourly rate employee's share of the one-time cash
payment. This payment does not become part of the employee's
basic pay.
C. Eligibility
1. Full-Time Employees
In order to be eligible to receive the one-time cash payment, the
employee must be in a full-time regular pay status during the pay
period immediately prior to the effective date of the cash pay-ment,
i. e., September 7, 2002.
2. Hourly Rate Employees
In order to be eligible to receive the one-time cash payment, an
hourly rate employee must be in a pay status during the pay peri-od
immediately prior to the effective date of the cash payment,
i. e., September 7, 2002.
Section 3. Cost of Living Adjustment A. Definitions
1. "Consumer Price Index" refers to the "National Consumer
Price Index for Urban Wage Earners and Clerical Workers,"
published by the Bureau of Labor Statistics, United States
Department of Labor (1967= 100) and referred to herein as the
"Index."
2. "Consumer Price Index Base" refers to the Consumer Price
Index for the month of July 2002 and is referred to herein as
the "Base Index."
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B. Effective Dates of Adjustment
Each employee covered by this Agreement shall receive cost-of-liv-ing
adjustments, upward, in accordance with the formula in Section
3. C, below, effective on the following dates:
Ñthe second full pay period after the release of the January 2003
Index
Ñthe second full pay period after the release of the July 2003 Index
Ñthe second full pay period after the release of the January 2004
Index
Ñthe second full pay period after the release of the July 2004 Index
Ñthe second full pay period after the release of the January 2005
Index
Ñthe second full pay period after the release of the July 2005 Index
Ñthe second full pay period after the release of the January 2006
Index
Ñthe second full pay period after the release of the July 2006 Index
C. The basic salary schedules provided for in this Agreement
shall be increased 1 cent per hour for each full 0.4 of a point increase
in the applicable Index above the Base Index. For example, if the
increase in the Index from July 2002 to January 2003 is 1.2 points,
all pay scales for employees covered by this Agreement will be
increased by 3 cents per hour. In no event will a decline in the Index
below the Base Index result in a decrease in the pay scales provid-ed
for in this Agreement.
D. In the event the appropriate Index is not published on or
before the beginning of the effective payroll period, any adjustment
required will be made effective at the beginning of the second pay-roll
period after publication of the appropriate Index.
E. No adjustment, retroactive or otherwise, shall be made due to
any revision which may later be made in the published figures for
the Index for any month mentioned in 3. B, above.
F. If during the life of this Agreement, the BLS ceases to make
available the CPI-W (1967= 100), the parties agree to use the CPI-W
(1982-84= 100) at such time as BLS ceases to make available the
CPI-W (1967= 100). At the time of change to the CPI-W (1982-
84= 100), the cost-of-living formula in Section 3. C will be recalcu-lated
to provide the same cost-of-living adjustment that would have
been granted under the formula using the CPI-W (1967= 100).
Section 4. Application of Salary Rates The Employer shall continue the current application of salary rates
for the duration of this Agreement.
Section 5. Granting Step Increases The Employer will continue the program on granting step increases
for the duration of this Agreement.
Section 6. Protected Salary Rates The Employer shall continue the current salary rate protection pro-gram
for the duration of this Agreement.
Section 7. Transitional Employees Transitional employees will be hired at Grade 1, Step A, and will be
paid at Step A of the position to which they are assigned.
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The hourly rate paid to transitional employees will be subject to the
increases and adjustments set forth in Sections 1 and 3 above.
ARTICLE 10 LEAVE
Section 1. Funding The Employer shall continue funding the leave program so as to
continue the current leave earning level for the duration of this
Agreement.
Section 2. Leave Regulations The leave regulations in Subchapter 510 of the Employee and Labor
Relations Manual, insofar as such regulations establish wages,
hours and working conditions of employees covered by this
Agreement, shall remain in effect for the life of this Agreement.
Section 3. Choice of Vacation Period A. It is agreed to establish a nationwide program for vacation
planning for employees in the regular work force with emphasis
upon the choice vacation period( s) or variations thereof.
B. Care shall be exercised to assure that no employee is required
to forfeit any part of such employee's annual leave.
C. The parties agree that the duration of the choice vacation peri-od(
s) in all postal installations shall be determined pursuant to local
implementation procedures.
D. Annual leave shall be granted as follows:
l. Employees who earn 13 days annual leave per year shall
be granted up to ten (10) days of continuous annual leave
during the choice period. The number of days of annual
leave, not to exceed ten (10), shall be at the option of the
employee.
2. Employees who earn 20 or 26 days annual leave per year
shall be granted up to fifteen (15) days of continuous
annual leave during the choice period. The number of days
of annual leave, not to exceed fifteen (15), shall be at the
option of the employee.
3. The subject of whether an employee may at the em ploy-ee's
option request two (2) selections during the choice
period( s), in units of either 5 or l0 working days, the total
not to exceed the ten (10) or fifteen (15) days above, may
be determined pursuant to local implementation proce-dures.
4. The remainder of the employee's annual leave may be
granted at other times during the year, as requested by the
employee.
E. The vacation period shall start on the first day of the employ-ee's
basic work week. Exceptions may be granted by agreement
among the employee, the Union representative and the Employer.
F. An employee who is called for jury duty during the employ-ee's
scheduled choice vacation period or who attends a National,
State, or Regional Convention (Assembly) during the choice vaca-tion
period is eligible for another available period provided this does
not deprive any other employee of first choice for scheduled vaca-tion.
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Section 4. Vacation Planning The following general rules shall be observed in implementing the
vacation planning program:
A. The Employer shall, no later than November l, publicize on
bulletin boards and by other appropriate means the beginning date
of the new leave year, which shall begin with the first day of the first
full pay period of the calendar year.
B. The installation head shall meet with the representatives of
the Union to review local service needs as soon after January 1 as
practical. The installation head shall then:
1. Determine the amount of annual leave accrued to each
employee's credit including that for the current year and
the amount he/ she expects to take in the current year.
2. Determine a final date for submission of applications for
vacation period( s) of the employee's choice during the
choice vacation period( s).
3. Provide official notice to each employee of the vacation
schedule approved for each employee.
C. A procedure in each office for submission of applications for
annual leave for periods other than the choice period may be estab-lished
pursuant to the implementation procedure above.
D. All advance commitments for granting annual leave must be
honored except in serious emergency situations.
Section 5. Sick Leave The Employer agrees to continue the administration of the present
sick leave program, which shall include the following specific
items:
A. Credit employees with sick leave as earned.
B. Charge to annual leave or leave without pay (at employee's
option) approved absence for which employee has insufficient sick
leave.
C. Employee becoming ill while on annual leave may have leave
charged to sick leave upon request.
D. For periods of absence of three (3) days or less, a supervisor
may accept an employee's certification as reason for an absence.
Section 6. Minimum Charge for Leave The minimum unit charged for sick leave and annual leave for reg-ular
work force employees as defined in Article 7, Section 1. A, is
one hundredth of an hour (. 01 hour).
Employees may utilize annual and sick leave in conjunction with
leave without pay, subject to the approval of the leave in accordance
with normal leave approval procedures. The Employer is not oblig-ated
to approve such leave for the last hour of the employee's sched-uled
workday prior to and/ or the first hour of the employee's sched-uled
workday after a holiday.
(Additional leave provisions regarding Transitional Employees can
be found in Appendix B.)
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ARTICLE 11 HOLIDAYS
Section 1. Holidays Observed The following ten (l0) days shall be considered holidays for full-time
and part-time regular scheduled employees hereinafter referred
to in this Article as "employees":
New Year's Day
Martin Luther King, Jr. 's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
Section 2. Eligibility To be eligible for holiday pay, an employee must be in a pay status
the last hour of the employee's scheduled workday prior to or the
first hour of the employee's scheduled workday after the holiday.
Section 3. Payment A. An employee shall receive holiday pay at the employee's base
hourly straight time rate for a number of hours equal to the employ-ee's
regular daily working schedule, not to exceed eight (8) hours.
B. Holiday pay is in lieu of other paid leave to which an employ-ee
might otherwise be entitled on the employee's holiday.
Section 4. Holiday Work A. An employee required to work on a holiday other than
Christmas shall be paid the base hourly straight time rate for each
hour worked up to eight (8) hours in addition to the holiday pay to
which the employee is entitled as above described.
B. An employee required to work on Christmas shall be paid one
and one-half (l 1/ 2) times the base hourly straight time rate for each
hour worked in addition to the holiday pay 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 holiday falls on Saturday, the
preceding Friday shall be observed as the holiday.
B. When an employee's scheduled non-work day falls on a day
observed as a holiday, the employee's scheduled workday preceding
the holiday shall be designated as that employee's holiday.
Section 6. Holiday Schedule A. The Employer will determine the number and categories of
employees needed for holiday work and a schedule shall be posted
as of the Tuesday preceding the service week in which the holiday
falls.
B. As many full-time and part-time regular schedule employees
as can be spared will be excused from duty on a holiday or day des-ignated
as their holiday. Such employees will not be required to
work on a holiday or day designated as their holiday unless all casu-als
and part-time flexibles are utilized to the maximum extent pos-sible,
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time and part-time regulars with the needed skills who wish to work
on the holiday have been afforded an opportunity to do so.
C. An employee scheduled to work on a holiday who does not
work shall not receive holiday pay, unless such absence is based on
an extreme emergency situation and is excused by the Employer.
D. Qualified transitional employees will be scheduled for work
on a holiday or designated holiday after all full-time volunteers are
scheduled to work on their holiday or designated holiday. They will
be scheduled, to the extent possible, prior to any full-time volunteers
or non-volunteers being scheduled to work a nonscheduled day or
any full-time non-volunteers being required to work their holiday or
designated holiday. If the parties have locally negotiated a pecking
order that would 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 receive holiday
pay as such. The employee shall be compensated for the ten (10)
holidays by basing the employee's regular straight time hourly rate
on the employee's annual rate divided by 2,000 hours. For work per-formed
on December 25, a part-time flexible schedule employee
shall be paid in addition to the employee's regular straight time
hourly rate, one-half (l/ 2) times the employee's regular straight time
hourly rate for each hour worked up to eight (8) hours.
ARTICLE 12 PRINCIPLES OF SENIORITY, POSTING AND
REASSIGNMENTS
Section 1. Probationary Period A. The probationary period for a new employee shall be ninety
(90) calendar days. The Employer shall have the right to separate
from its employ any probationary employee at any time during the
probationary period and these probationary employees shall not be
permitted access to the grievance procedure in relation thereto. If the
Employer intends to separate an employee during the probationary
period for scheme failure, the employee shall be given at least seven
(7) days advance notice of such intent to separate the employee. If
the employee qualifies on the scheme within the notice period, the
employee will not be separated for prior scheme failure.
B. The parties recognize that the failure of the Employer to dis-cover
a falsification by an employee in the employment application
prior to the expiration of the probationary period shall not bar the
use of such falsification as a reason for discharge.
C. When an employee completes the probationary period,
seniority will be computed in accordance with this Agreement as of
the initial day of full-time or part-time employment.
D. When an employee who is separated from the Postal Service
for any reason is re-hired, the employee shall serve a new proba-tionary
period. If the separation was due to disability, the employ-ee's
seniority shall be established in accordance with Section 2, if
applicable.
Section 2. Principles of Seniority A. Except as specifically provided in this Article, the principles
of seniority are established in the craft Articles of this Agreement.
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B. An employee who left the bargaining unit on or after July 21,
1973 and returns to the same craft:
1. will begin a new period of seniority if the employee
returns from a position outside the Postal Service; or
2. will begin a new period of seniority if the employee
returns from a non-bargaining unit position within the
Postal Service, unless the employee returns within 2 years
from the date the employee left the unit.
Section 3. Principles of Posting A. To insure a more efficient and stable work force, an employ-ee
may be designated a successful bidder no more than seven (7)
times during the duration of this Agreement unless such bid:
1. is to a job in a higher wage level;
2. is due to elimination or reposting of the employee's duty
assignment; or
3. enables an employee to become assigned to a station clos-er
to the employee's place of residence.
B. Specific provisions for posting for each craft are contained in
the craft posting provisions of this Agreement.
Section 4. Principles of Reassignments A. A primary principle in effecting reassignments will be that
dislocation and inconvenience to employees in the regular work
force shall be kept to a minimum, consistent with the needs of the
service. Reassignments will be made in accordance with this
Section and the provisions of Section 5 below.
B. When a major relocation of employees is planned in major
metropolitan areas or due to the implementation of national postal
mail networks, the Employer will apply this Article in the develop-ment
of the relocation and reassignment plan. At least 90 days in
advance of implementation of such plan, the Employer will meet
with the Unions at the national level to fully advise the Unions how
it intends to implement the plan. If the Unions believes such plan
violates the National Agreement, the matter may be grieved.
Such plan shall include a meeting at the regional level in advance (as
much as six months whenever possible) of the reassignments antic-ipated.
The Employer will advise the Unions, based on the best esti-mates
available at the time, of the anticipated impact; the numbers
of employees affected by craft; the locations to which they will be
reassigned; and, in the case of a new installation, the anticipated
complement by tour and craft. The Unions will be periodically
updated by the Region should any of the information change due to
more current data being available.
C. When employees are excessed out of their installation, the
National Business Agent of the Union may request at the Area level a comparative work hour report of the losing installation 60
days after the excessing of such employees.
If a review of the report does not substantiate that business condi-tions
warranted the action taken, such employees shall have their
retreat rights activated. If the retreat right is denied, the employees
have the right to the grievance-arbitration procedure.
D. In order to minimize the impact on employees in the regular
work force, the Employer agrees to separate, to the extent possible,
casual employees working in the affected craft and installation prior
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to excessing any regular employee in that craft out of the installa-tion.
The junior full-time employee who is being excessed has the
option of reverting to part-time flexible status in his/ her craft, or of
being reassigned to the gaining installation.
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 an installation by making it part of
another and continuing independent installation);
3. Transfer a classified station or classified branch to the jurisdic-tion
of another installation or make an independent installation;
4. Reassign within an installation employees excess to the needs
of a section of that installation;
5. Reduce the number of regular work force employees of an
installation other than by attrition;
6. Centralized mail processing and/ or delivery installation (Clerk
Craft only);
7. ReassignmentÑ motor vehicles;
8 . ReassignmentÑ part-time flexibles in excess of quota; such
actions shall be subject to the following principles and
requirements.
B. Principles and Requirements
l. Dislocation and inconvenience to full-time and part-time flex-ible
employees shall be kept to the minimum consistent with
the needs of the service.
2. The Vice Presidents Area Operations shall give full consider-ation
to withholding sufficient full-time and part-time flexible
positions within the area for full-time and part-time flexible
employees who may be involuntarily reassigned. When posi-tions
are withheld, management will periodically review the continuing need for withholding such positions and
discuss with the NBA the results of such review.
3. No employee shall be allowed to displace, or "bump" another
employee, properly holding a position or duty assignment.
4. Unions affected shall be notified in advance (as much as six
(6) months whenever possible), such notification to be at the
regional level, except under A. 4 above, which shall be at the
local level.
5. Full-time and part-time flexible employees involuntarily
detailed or reassigned from one installation to another shall be
given not less than 60 days advance notice, if possible. They
shall receive moving, mileage, per diem and reimbursement
for movement of household goods, as appropriate, if legally
payable, as governed by the standardized Government travel
regulations as set forth in the applicable Handbook.
6. Any employee volunteering to accept reassignment to another
craft or occupational group, another branch of the Postal
Service, or another installation shall start a new period of
seniority beginning with such assignment, except as provided
herein.
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7. Whenever changes in mail handling patterns are undertaken in
an area including one or more postal installations with resul-tant
successive reassignments of clerks from those installa-tions
to one or more central installations, the reassignment of
clerks shall be treated as details for the first 180 days in order
to prevent inequities in the seniority lists at the gaining instal-lations.
The 180 days is computed from the date of the first
detail of a clerk to the central, consolidated or new installation
in that specific planning program. If a tie develops in estab-lishing
the merged seniority roster at the gaining installation,
it shall be broken by total continuous service in the regular
work force in the same craft.
8. In determining seniority of special delivery messengers who
received career status under Civil Service Regulation 3.101,
that period of continuous service as a special delivery mes-senger
prior to attaining career status shall be included.
9. Whenever in this Agreement provision is made for reassign-ments,
it is understood that any full-time or part-time flexible
employee reassigned must meet the qualification requirements
of the position to which reassigned.
10. Whenever the provisions of this Section establishing seniority
are inconsistent with the provisions of the Craft Article of this
Agreement, the provisions of the Craft Article shall prevail.
11. It is understood that any employee entitled hereunder to a spe-cific
placement may exercise such entitlement only if no other
employee has a superior claim hereunder to the same position.
12. Surplus U. S. Postal Service Employees-Surplus U. S. Postal
Service employees from non-mail processing and non-mail
delivery installations, regional offices, the U. S. Postal Service
Headquarters or from other Federal departments or agencies
shall be placed at the foot of the part-time flexible roll and begin
a new period of seniority effective the date of reassignment.
C. Special Provisions on Reassignments In addition to the general principles and requirements above speci-fied,
the following specific provisions are applicable:
1. Discontinuance of an Independent Installation
a. When an independent installation is discontinued, all full-time
and part-time flexible employees shall, to the maximum extent
possible, be involuntarily reassigned to continuing postal posi-tions
in accordance with the following:
b. Involuntary reassignment of full-time employees with their
seniority for duty assignments to vacancies in the same or
lower level in the same craft or occupational group in installa-tions
within 100 miles of the discontinued installation, or in
more distant installations, if after consultation with the affect-ed
Unions, it is determined that it is necessary. The Postal
Service will designate such installations for the reassignment
of excess full-time employees. When two or more such vacan-cies
are simultaneously available, first choice of duty assign-ment
shall go to the senior employee entitled by displacement
from a discontinued installation to such placement.
c. Involuntary reassignment of full-time employees for whom
consultation did not provide for placement under C. 1. b above
in other crafts or occupational groups in which they meet min-23
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imum qualifications at the same or lower level with permanent
seniority for duty assignments under (1) and (2) below,
whichever is lesser:
(1) One day junior to the seniority of the junior full-time
employee in the same level and craft or occupation in the
installation to which assigned, or
(2) The seniority the employee had in the craft from which
reassigned.
d. Involuntary reassignment of part-time flexible employees with
seniority in any vacancy in the part-time flexible quota in the
same craft or occupational group at any installation within 100
miles of the discontinued installation, or in more distant instal-lations,
if after consultation with the affected Unions it is
determined that it is necessary, the Postal Service will desig-nate
such installations for the reassignment of the part-time
flexible employees.
e. Involuntary reassignment of part-time flexible employees for
whom consultation did not provide for placement under C. 1. d
above in other crafts or occupational groups in which they
meet minimum qualification at the same or lower level at the
foot of the existing part-time flexible roster at the receiving
installation and begin a new period of seniority.
f. Full-time employees for whom no full-time vacancies are
available by the time the installation is discontinued shall be
changed to part-time flexible employees in the same craft and
placed as such, but shall for six months retain placement rights
to full-time vacancies developing within that time within any
installation within 100 miles of the discontinued installation,
or in more distant installations, if after consultation with
affected Unions it is necessary, U. S. Postal Service will desig-nate
such installations for the reassignment of excess full-time
employees on the same basis as if they had remained full-time.
g. Employees, full-time or part-time flexible, involuntarily reas-signed
as above provided shall upon the reestablishment of
the discontinued installation be entitled to reassignment with
full seniority to the first vacancy in the reestablished installa-tion
in the level, craft or occupational group from which reas-signed.
2. Consolidation of an Independent Installation
a. When an independent postal installation is consolidated with
another postal installation, each full-time or part-time flexible
employee shall be involuntarily reassigned to the continuing
installation without loss of seniority in the employee's craft or
occupational group.
b. Where reassignments under 2. a, preceding, result in an excess
of employees in any craft or occupational group in the contin-uing
installation, identification and placement of excess
employees shall be accomplished by the continuing installa-tion
in accordance with the provisions of this Agreement cov-ering
such situations.
c. If the consolidated installation again becomes an independent
installation, each full-time and part-time flexible employee
whose reassignment was necessitated by the previous consol-24
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idation shall be entitled to the first vacancy in the reestablished
installation in the level and craft or occupational group held at
the time the installation was discontinued.
3. Transfer of a Classified Station or Classified Branch to the
Jurisdiction of Another Installation or Made an Independent Installation
a. When a classified station or classified branch is transferred to
the jurisdiction of another installation or made an independent
installation, all full-time employees shall at their option
remain with the classified station or classified branch without
loss of seniority, or remain with the installation from which
the classified station or classified branch is being transferred.
b. A realistic appraisal shall be made of the number of employ-ees
by crafts or occupations who will be needed in the station
after transfer, and potential vacancies within these require-ments
created by the unwillingness of employees to follow the
station to the new jurisdiction shall be posted for bid on an
office-wide basis in the losing installation.
c. If the postings provided in paragraph 3. b, preceding, do not
result in sufficient employees to staff the transferred classified
station or classified branch, junior employees, by craft or
occupational group on an installation-wide seniority basis in
the losing installation, shall be involuntarily reassigned to the
classified station or classified branch and each employee thus
involuntarily reassigned shall be entitled to the first vacancy in
such employee's level and craft or occupational group in the
installation from which transferred.
4. Reassignment Within an Installation of Employees Excess to
the Needs of a Section
a. The identification of assignments comprising for this purpose
a section shall be determined locally by local negotiations. If
no sections are established immediately by local negotiations,
the entire installation shall comprise the section.
b. Full-time employees, excess to the needs of a section, starting
with that employee who is junior in the same craft or occupa-tional
group and in the same level assigned in that section,
shall be reassigned outside the section but within the same
craft or occupational group. They shall retain their seniority
and may bid on any existing vacancies for which they are eli-gible
to bid. If they do not bid, they may be assigned in any
vacant duty assignment for which there was no senior bidder
in the same craft and installation. Their preference is to be
considered if more than one such assignment is available.
c. Such reassigned full-time employee retains the right to retreat
to the section from which withdrawn only upon the occur-rence
of the first residual vacancy in the salary level after
employees in the section have completed bidding. Such bid-ding
in the section is limited to employees in the same salary
level as the vacancy. Failure to bid for the first available
vacancy will end such retreat right. The right to retreat to the
section is optional with the employee who has retreat rights
with respect to a vacancy in a lower salary level. Failure to
exercise the option does not terminate the retreat rights in the
salary level in which the employee was reassigned away from
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31
the section. In the Clerk Craft, an employee may exercise the
option to retreat to a vacancy in a lower salary level only to an
assignment for which the employee would have been other-wise
eligible to bid.
d. The duty assignment vacated by the reassignment of the junior
full-time employee from the section shall be posted for bid of
the full-time employees in the section. If there are no bids, the
junior remaining unassigned full-time employee in the section
shall be assigned to the vacancy.
5. Reduction in the Number of Employees in an Installation
Other Than by Attrition
a. Reassignments within installation. When for any reason an
installation must reduce the number of employees more rapid-ly
than is possible by normal attrition, that installation:
(1) Shall determine by craft and occupational group the num-ber
of excess employees;
(2) Shall, to the extent possible, minimize the impact on reg-ular
work force employees by separation of all casuals;
(3) Shall, to the extent possible, minimize the impact on full-time
positions by reducing part-time flexible hours;
(4) Shall identify as excess the necessary number of junior
full-time employees in the salary level, craft, and occupa-tional
group affected on an installation-wide basis within
the installation; make reassignments of excess full-time
employees who meet the minimum qualifications for
vacant assignments in other crafts in the same installation;
involuntarily reassign them (except as provided for letter
carriers and special delivery messengers and vehicle ser-vice
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 the junior full-time
employee in the same level and craft or occupational
group in the installation to which assigned, or
(b) The seniority the employee had in the craft from
which reassigned.
(5) The employee shall be returned at the first opportunity to
the craft from which reassigned.
(6) When returned, the employee retains seniority previously
attained in the craft augmented by intervening employ-ment
in the other craft.
(7) The right of election by a senior employee provided in
paragraph b( 3), below is not available for this cross-craft
reassignment within the installation.
b. Reassignments to other installations after making reas-signments
within the installation:
(1) Involuntarily reassign such excess full-time
employees starting with the junior with their
seniority for duty assignments to vacancies in the
same or lower level in the same craft or occupa-tional
group in installations within 100 miles of
the losing installation, or in more distant installa-tions
if after consultation with the affected Union it
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32
is determined that it is necessary, the Postal Service
will designate such installations for the reassign-ment
of excess full-time employees. However:
(a) Whenever full-time letter carrier routes, carri-er
technician or router assignments are transferred from one installation to another, the
full-time letter carriers whose complete routes
or assignments are transferred shall have the option of transferring with their routes or
assignments, with their seniority. If a full-time letter carrier declines the option of
transferring with the route or assignment, any qualified full-time letter carrier in the
delivery unit may request, by seniority, to be reassigned with the route or assignment,
with their seniority. The request of the senior qualified carrier shall be granted,
and shall be counted in accordance with Article 12.3.
(b) Whenever full-time or part-time motor vehicle
craft assignments are discontinued in an instal-lation
and there is an excess in a position des-ignation
and salary level, the excess shall be
adjusted to the maximum extent possible by
making voluntary reassignments to vacant
motor vehicle craft positions in installations
within 100 miles unless the employee applies
for a vacancy in a more distant installation.
Senior qualified applicants for such vacant
positions shall be reassigned. When reassign-ment
is in the same designation and salary
level, the reassigned employee retains his/ her
seniority.
(c) When the entire special delivery messenger
unit is moved from one independent installa-tion
to another and all special delivery territory
is transferred, the special delivery messengers
will be reassigned in the gaining unit with full
seniority credit for all seniority gained in the
craft and installation. When less than the entire
special delivery messenger unit is transferred
and it is necessary to reassign one or more spe-cial
delivery messengers to the gaining instal-lation,
senior special delivery messengers shall
be given option for reassignment. If no special
delivery messenger elects to be reassigned, the
junior special delivery messenger shall be reas-signed.
(2) Involuntarily reassign full-time employees for
whom consultation did not provide for placement
under b( 1) above in other crafts or occupational
groups in which they meet minimum qualifica-tions
at the same or lower level with permanent
seniority for duty assignments whichever is lesser
of:
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33
(a) one day junior to the seniority of the junior full-time
employee in the same level and craft or occu-pational
group in the installation to which
assigned, or
(b) the seniority he/ she had in the craft from which
reassigned.
(3) Any senior employee in the same craft or occupation-al
group in the same installation may elect to be reas-signed
to the gaining installation and take the seniori-ty
of the senior full-time employee subject to involun-tary
reassignment. Such senior employees who accept
reassignment to the gaining installation do not have
retreat rights.
(4) When two or more such vacancies are simultaneously
available, first choice of duty assignment shall go to
the senior employee entitled by displacement from a
discontinued installation to such placement.
(5) A full-time employee shall have the option of chang-ing
to part-time flexible in the same craft or occupa-tional
group in lieu of involuntary reassignment.
(6) Employees involuntarily reassigned under b( 1) and (2)
above, other than senior employees who elect to be
reassigned in place of junior employees, shall be enti-tled
at the time of such reassignment to file a written
request to be returned to the first vacancy in the level,
in the craft or occupational group in the installation
from which reassigned, and such request shall be hon-ored
so long as the employee does not withdraw it or
decline to accept an opportunity to return in accor-dance
with such request.
In the Clerk Craft, an employee( s) involuntarily reassigned shall be
entitled at the time of such reassignment to file a written request to
return to the first vacancy in the craft and installation from which
reassigned. Such request for retreat rights must indicate whether
the employee( s) desires to retreat to the same, lower, and/ or high-er
salary level assignment and, if so, what salary level( s). The
employee( s) shall have the right to bid for vacancies within the for-mer
installation and the written request for retreat rights shall serve
as a bid for all vacancies in the level from which the employee was
reassigned and for all residual vacancies in other levels for which
the employee has expressed a desire to retreat. The employee( s)
may retreat to only those assignments for which the employee( s)
would have been otherwise eligible to bid. If vacancies are avail-able
in a specified lower, higher or same salary level, the employ-ee
will be given the option. Failure to exercise retreat rights to the
first available vacancy terminates such rights. Furthermore,
employee( s) electing to retreat to a lower level assignment are not
entitled to salary protection.
6. Centralized Mail, Processing and/ or Delivery Installation (Clerk Craft Only)
a. When the operations at a centralized installation or other mail
processing and/ or delivery installation result in an excess of
full-time clerks at another installation( s), full-time clerks who
are excess in a losing installation( s) by reason of the change,
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shall be reassigned as provided in Section C. 5. b.
Reassignments of clerks shall be treated as details for the first
180 days to avoid inequities in the selection of preferred duty
assignments by full-time clerks in the gaining installation.
b. Previously established preferred duty assignments which
become vacant before expiration of the detail period must be
posted for bid and awarded to eligible full-time clerks then
permanently assigned in the gaining installation. Excess part-time
flexible clerks may be reassigned as provided for in
Section C. 8.
c. All new duty assignments created in the gaining installation
and all other vacant duty assignments in the centralized instal-lation
shall be posted for bid. One hundred eighty (180) days
is computed from the date of the first detail of an employee.
Bidding shall be open to all full-time clerks of the craft
involved at the gaining installation. This includes full-time
clerks assigned to the gaining installation.
d. When the centralized installation is a new one:
(1) Full-time clerks who apply for reassignment from the los-ing
installation, shall be reassigned with their seniority.
(2) Reassignments shall be in the order of seniority and shall
not exceed the number of excess full-time clerks in the
losing installation.
(3) The provisions of 5. a, above, apply to reassign junior full-time
excess clerks, with their seniority, when there are
excess full-time clerks after the reassignment of senior
full-time clerks who apply for reassignment.
7. Reassignments -Motor Vehicle
a. When a vehicle maintenance facility is established to replace
an auxiliary garage, full-time and part-time flexible craft posi-tions
in the gaining installation are to be posted in the losing
installation for applications by full-time and part-time flexible
employees, respectively. Senior qualified applicants shall be
reassigned without loss of seniority, but not to exceed the
number of excess employees in the losing installation.
b. When a vehicle maintenance facility is established to replace
vehicle maintenance in a perimeter office, full-time and part-time
flexible craft positions in the new maintenance facility
shall be posted in the losing installation for applications by
full-time and part-time flexible employees, respectively.
Senior qualified applicants shall be reassigned without loss of
seniority, but not to exceed the number of excess employees in
the losing installation.
c. When vehicle operations are changed by transfer from one
installation to another, new full-time and part-time flexible
craft positions shall be posted for applications in the losing
installation by full-time and part-time flexible employees in
the craft, respectively. Senior qualified applicants shall be
reassigned without loss of seniority, but not to exceed the
number of excess employees in the losing installation.
d. After all reassignments have been made to the gaining instal-lation,
pursuant to Subsections a, b and c, the new full-time
assignments in the gaining installation shall be posted for bids.
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e. If, after establishment of a new installation, operations result
in further excess at losing installation( s), the procedures in
Subsections a, b, c and d, above, apply to reassign senior
applicants from the losing installation( s) to positions in the
new installation.
8. ReassignmentÑ Part-Time Flexible Employees in Excess of
Quota (Other Than Motor Vehicle)
Where there are part-time flexible employees in excess of the
part-time flexible quota for the craft for whom work is not avail-able,
part-time flexibles lowest on the part-time flexible roll
equal in number to such excess may at their option be reassigned
to the foot of the part-time flexible roll in the same or another
craft in another installation.
a. An excess employee reassigned to another craft in the same or
another installation shall be assigned to the foot of the part-time
flexible roll and begin a new period of seniority.
b. An excess part-time flexible employee reassigned to the same
craft in another installation shall be placed at the foot of the
part-time flexible roll. Upon change to full-time from the top
of the part-time flexible roll, the employee's seniority for pre-ferred
assignments shall include the seniority the employee
had in losing installation augmented by part-time flexible ser-vice
in the gaining installation.
c. A senior part-time flexible in the same craft or occupational
group in the same installation may elect to be reassigned in
another installation in the same or another craft and take the
seniority, if any, of the senior excess part-time flexible being
reassigned, as set forth in a and b, above.
d. The Postal Service will designate, after consultation with the
affected Union, vacancies at installations in which excess
part-time flexibles may request to be reassigned beginning
with vacancies in other crafts in the same installation; then
vacancies in the same craft in other installations; and finally
vacancies in other crafts in other installations making the des-ignations
to minimize relocation hardships to the extent prac-ticable.
e. Part-time flexibles reassigned to another craft in the same
installation shall be returned to the first part-time flexible
vacancy within the craft and level from which reassigned.
f. Part-time flexibles reassigned to other installations have
retreat rights to the next such vacancy according to their stand-ing
on the part-time flexible roll in the losing installation but
such retreat right does not extend to part-time flexibles who
elect to request reassignment in place of the junior part-time
flexibles.
g. The right to return is dependent upon a written request made
at the time of reassignment from the losing installation and
such request shall be honored unless it is withdrawn or an
opportunity to return is declined.
D. Part-Time Regular Employees
Part-time regular employees assigned in the craft units shall be con-sidered
to be in a separate category. All provisions of this Section
apply to part-time regular employees within their own category.
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Section 6. Transfers A. Installation heads will consider requests for transfers submitted
by employees from other installations.
B. Providing a written request for a voluntary transfer has been
submitted, a written acknowledgement shall be given in a timely
manner.
ARTICLE 13 ASSIGNMENT OF ILL OR INJURED REGULAR
WORKFORCE EMPLOYEES
Section 1. Introduction
A. Part-time regular schedule employees assigned in the craft
unit shall be considered to be in a separate category. All provisions
of this Article apply to part-time regular schedule employees within
their own category.
B. The U. S. Postal Service and the Union recognizing their
responsibility to aid and assist deserving full-time regular or part-time
flexible employees who through illness or injury are unable to
perform their regularly assigned duties, agree to the following pro-visions
and conditions for reassignment to temporary or permanent
light duty or other assignments. It will be the responsibility of each
installation head to implement the provisions of this Agreement
within the installation, after local negotiations.
Section 2. Employee's Request for Reassignment A. Temporary Reassignment
Any full-time regular or part-time flexible employee recuperating
from a serious illness or injury and temporarily unable to perform
the assigned duties may voluntarily submit a written request to the
installation head for temporary assignment to a light duty or other
assignment. The request shall be supported by a medical statement
from a licensed physician or by a written statement from a licensed
chiropractor stating, when possible, the anticipated duration of the
convalescence period. Such employee agrees to submit to a further
examination by a physician designated by the installation head, if
that official so requests.
B. Permanent Reassignment 1. Any ill or injured full-time regular or part-time flexible
employee having a minimum of five years of postal service, or
any full-time regular or part-time flexible employee who sus-tained
injury on duty, regardless of years of service, while per-forming
the assigned duties can submit a voluntary request for
permanent reassignment to light duty or other assignment to
the installation head if the employee is permanently unable to
perform all or part of the assigned duties. The request shall be
accompanied by a medical certificate from a physician desig-nated
by the installation head giving full evidence of the phys-ical
condition of the employee, the need for reassignment, and
the ability of the employee to perform other duties. A certifi-cate
from the employee's personal physician will not be
acceptable.
2. The following procedures are the exclusive procedures for
resolving a disagreement between the employee's physician
and the physician designated by the USPS concerning the
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medical condition of an employee who has requested a per-manent
light duty assignment. These procedures shall not
apply to cases where the employee's medical condition arose
out of an occupational illness or injury. On request of the
Union, a third physician will be selected from a list of five
Board Certified Specialists in the medical field for the condi-tion
in question, the list to be supplied by the local Medical
Society. The physician will be selected by the alternate strik-ing
of names from the list by the Union and the Employer. The
Employer will supply the selected physician with all relevant
facts including job description and occupational physical
requirements. The decision of the third physician will be final
as to the employee's medical condition and occupational lim-itations,
if any. Any other issues relating to the employee's
entitlement to a light duty assignment shall be resolved
through the grievance-arbitration procedure. The costs of the
services of the third physician shall be shared by the Union
and the Employer.
C. Installation heads shall show the greatest consideration for
full-time regular or part-time flexible employees requiring light duty
or other assignments, giving each request careful attention, and
reassign such employees to the extent possible in the employee's
office. When a request is refused, the installation head shall notify
the concerned employee in writing, stating the reasons for the
inability to reassign the employee.
Section 3. Local Implementation Due to varied size installations and conditions within installations,
the following important items having a direct bearing on these reas-signment
procedures (establishment of light duty assignments)
should be determined by local negotiations.
A. Through local negotiations, each office will establish the
assignments that are to be considered light duty within each craft
represented in the office. These negotiations should explore ways
and means to make adjustments in normal assignments, to convert
them to light duty assignments without seriously affecting the pro-duction
of the assignment.
B. Light duty assignments may be established from part-time
hours, to consist of 8 hours or less in a service day and 40 hours or
less in a service week. The establishment of such assignment does
not guarantee any hours to a part-time flexible employee.
C. Number of Light Duty Assignments. The number of assign-ments
within each craft that may be reserved for temporary or per-manent
light duty assignments, consistent with good business prac-tices,
shall be determined by past experience as to the number of
reassignments that can be expected during each year, and the
method used in reserving these assignments to insure that no
assigned full-time regular employee will be adversely affected, will
be defined through local negotiations. The light duty employee's
tour hours, work location and basic work week shall be those of the
light duty assignment and the needs of the service, whether or not
the same as for the employee's previous duty assignment.
Section 4. General Policy Procedures
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A. Every effort shall be made to reassign the concerned employ-ee
within the employee's present craft or occupational group, even
if such assignment reduces the number of hours of work for the sup-plemental
work force. After all efforts are exhausted in this area,
consideration will be given to reassignment to another craft or occu-pational
group within the same installation.
B. The full-time regular or part-time flexible employee must be
able to meet the qualifications of the position to which the employ-ee
is reassigned on a permanent basis. On a temporary reassign-ment,
qualifications can be modified provided excessive hours are
not used in the operation.
C. The reassignment of a full-time regular or part-time flexible
employee to a temporary or permanent light duty or other assign-ment
shall not be made to the detriment of any full-time regular on
a scheduled assignment or give a reassigned part-time flexible pref-erence
over other part-time flexible employees.
D. The reassignment of a full-time regular or part-time flexible
employee under the provisions of this Article to an agreed-upon
light duty temporary or permanent or other assignment within the
office, such as type of assignment, area of assignment, hours of
duty, etc., will be the decision of the installation head who will be
guided by the examining physician's report, employee's ability to
reach the place of employment and ability to perform the duties
involved.
E. An additional full-time regular position can be authorized
within the craft or occupational group to which the employee is
being reassigned, if the additional position can be established out of
the part-time hours being used in that operation without increasing
the overall hour usage. If this cannot be accomplished, then consid-eration
will be given to reassignment to an existing vacancy.
F. The installation head shall review each light duty reassignment
at least once each year, or at any time the installation head has reason
to believe the incumbent is able to perform satisfactorily in other than
the light duty assignment the employee occupies. This review is to
determine the need for continuation of the employee in the light duty
assignment. Such employee may be requested to submit to a medical
review by a physician designated by the installation head if the instal-lation
head believes such examination to be necessary.
G. The following procedures are the exclusive procedures for
resolving a disagreement between the employee's physician and the
physician designated by the USPS concerning the medical condition of
an employee who is on a light duty assignment. These procedures shall
not apply to cases where the employee's medical condition arose out
of an occupational illness or injury. On request of the Union, a third
physician will be selected from a list of five Board Certified Specialists
in the medical field for the condition in question, the list to be supplied
by the local Medical Society. The physician will be selected by the
alternate striking of names from the list by the Union and the
Employer. The Employer will supply the selected physician with all
relevant facts including job description and occupational physical
requirements. The decision of the third physician will be final as to the
employee's medical condition and occupational limitations, if any.
Any other issues relating to the employee's entitlement to a light duty
assignment shall be resolved through the grievance-arbitration proce-33
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dure. The costs of the services of the third physician shall be shared by
the Union and the Employer.
H. When a full-time regular employee in a temporary light duty
assignment is declared recovered on medical review, the employee
shall be returned to the employee's former duty assignment, if it has
not been discontinued. If such former regular assignment has been
discontinued, the employee becomes an unassigned full-time regu-lar
employee.
I. If a full-time regular employee is reassigned in another craft
for permanent light duty and later is declared recovered, on medical
review, the employee shall be returned to the first available full-time
regular vacancy in complement in the employee's former craft.
Pending return to such former craft, the employee shall be an unas-signed
full-time regular employee. The employee's seniority shall
be restored to include service in the light duty assignment.
J. When a full-time regular employee who has been awarded a
permanent light duty assignment within the employee's own craft is
declared recovered, on medical review, the employee shall become
an unassigned full-time regular employee.
K. When a part-time flexible on temporary light duty is declared
recovered, the employee's detail to light duty shall be terminated.
L. When a part-time flexible who has been reassigned in anoth-er
craft on permanent light duty is declared recovered, such assign-ment
to light duty shall be terminated. Section 4. I, above, does not
apply even though the employee has advanced to full-time regular
while on light duty.
Section 5. Filling Vacancies Due to Reassignment of an Employee to Another Craft
When it is necessary to permanently reassign an ill or injured full-time
regular or part-time flexible employee who is unable to per-form
the regularly assigned duties, from one craft to another craft
within the office, the following procedures will be followed:
A. When the reassigned employee is a full-time regular employ-ee,
the resulting full-time regular vacancy in the complement, not
necessarily in the particular duty assignment of the losing craft from
which the employee is being reassigned, shall be posted to give the
senior of the full-time regular employees in the gaining craft the
opportunity to be reassigned to the vacancy, if desired.
B. If no full-time regular employee accepts the opportunity to be
assigned to the vacancy in the complement, not necessarily in the
particular duty assignment in the other craft, the senior of the part-time
flexibles on the opposite roll who wishes to accept the vacan-cy
shall be assigned to the full-time regular vacancy in the comple-ment
of the craft of the reassigned employee.
C. When the reassigned employee is a part-time flexible, the
resulting vacancy in the losing craft shall be posted to give the
senior of the full-time regular or part-time flexible employees in the
gaining craft the opportunity to be assigned to the part-time flexible
vacancy, if desired, to begin a new period of seniority at the foot of
the part-time flexible roll.
D. The rule in A and B, above, applies when a full-time regular
employee on permanent light duty is declared recovered and is
returned to the employee's former craft, to give the senior of the
full-time regular or part-time flexible employees in the gaining craft
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the opportunity, if desired, to be assigned in the resulting full-time
regular vacancy in the complement, not necessarily in the particular
duty assignment of the losing craft.
Section 6. Seniority of an Employee Assigned to Another Craft A. Except as provided for in Section 4. I, above, a full-time reg-ular
employee assigned to another craft or occupational group in the
same or lower level in the same installation shall take the seniority
for preferred tours and assignments, whichever is the lesser of (a)
one day junior to the junior full-time regular employee in the craft
or occupational group, (b) retain the seniority the employee had in
the employee's former craft.
B. A part-time flexible employee who is permanently assigned
to a full-time regular or part-time flexible assignment in another
craft, under the provisions of this Article, shall begin a new period
of seniority. If assigned as a part-time flexible, it shall be at the foot
of the part-time flexible roll.
ARTICLE 14 SAFETY AND HEALTH
Section 1. Responsibilities It is the responsibility of management to provide safe working con-ditions
in all present and future installations and to develop a safe
working force. The Union will cooperate with and assist manage-ment
to live up to this responsibility. The Employer will meet with
the Union on a semiannual basis and inform the Union of its auto-mated
systems development programs. The Employer also agrees to
give appropriate consideration to human factors in the design and
development of automated systems. Human factors and ergonomics
of new automated systems are a proper subject for discussion at the
National Joint Labor-Management Safety Committee.
Section 2. Cooperation The Employer and the Union insist on the observance of safe rules
and safe procedures by employees and insist on correction of unsafe
conditions. Mechanization, vehicles and vehicle equipment, and the
work place must be maintained in a safe and sanitary condition,
including adequate occupational health and environmental condi-tions.
The Employer shall make available at each installation forms
to be used by employees in reporting unsafe and unhealthful condi-tions.
If an employee believes he/ she is being required to work
under unsafe conditions, such employee may:
(a) notify such employee's supervisor who will immediately
investigate the condition and take corrective action if necessary;
(b) notify such employee's steward, if available, who may discuss
the alleged unsafe condition with such employee's supervisor;
(c) file a grievance at Formal Step A of the grievance procedure
within fourteen (14) days of notifying such employee's supervi-sor
if no corrective action is taken during the employee's tour;
and/ or
(d) make a written report to the Union representative from the
local Safety and Health Committee who may discuss the report
with such employee's supervisor.
Upon written request of the employee involved in an accident, a
copy of the PS Form 1769 (Accident Report) will be provided.
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Any grievance which has as its subject a safety or health issue
directly affecting an employee( s) which is subsequently properly
appealed to arbitration in accordance with the provisions of Article
15 may be placed at the head of the appropriate arbitration docket at
the request of the Union.
Section 3. Implementation To assist in the positive implementation of the program:
A. There shall be established at the Employer's Headquarters
level, a Joint Labor-Management Safety Committee. Representation
on the Committee, to be specifically determined by the Employer
and the Union, shall include one person from the Union and repre-sentatives
from appropriate Departments in the Postal Service. Not
later than 60 days following the effective date of this Collective
Bargaining Agreement, designated representatives of the Union and
Management will meet for the purpose of developing a comprehen-sive
agenda which will include all aspects of the Employer's Safety
Program. Subsequent to the development of this agenda priorities
will be established and a tentative schedule will be developed to
insure full discussion of all topics. Meetings may also be requested
by either party for the specific purpose of discussing additional top-ics
of interest within the scope of the Committee.
The responsibility of the Committee will be to evaluate and make
recommendations on all aspects of the Employer's Safety Program,
to include program adequacy, implementation at the local level, and
studies being conducted for improving the work environment.
The Chair will be designated by the Employer. The Union may des-ignate
a coordinator who, in conjunction with the Chair, shall sched-ule
the meetings, and recommended priorities on new agenda items.
In addition, the coordinator may assist the Chair in conducting the
activities of the Committee. The Employer shall furnish the Union
information relating to injuries, illness and safety, including the
morbidity and mortality experience of employees. This report shall
be in form of reports furnished OSHA on a quarterly basis.
The Headquarters level Committee will meet quarterly and the
Employer and Union Representatives will exchange proposed
agenda items two weeks before the scheduled meetings. If prob-lems
or items of significant, national nature arise between sched-uled
quarterly meetings either party may request a special meeting
of the Committee. Either party will have the right to be accompa-nied
to any Committee meeting by no more than two technical
advisors.
B. There shall be established at the Employer's Area level, an
Area Joint Labor-Management Safety Committee, which will be
scheduled to meet quarterly. The Employer and Union
Representatives will exchange proposed agenda items two weeks
before the scheduled meetings. If problems or items of a significant,
area nature arise between scheduled quarterly meetings, either party
may request a special meeting of the Committee. Either party will
have the right to be accompanied to any Committee meeting by no
more than two technical advisors.
Representation on the Committee shall include one person from the
Union and appropriate representatives from the Postal Service Area
Office. The Chair will be designated by the Employer.
C. The Employer will make Health Service available for the
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treatment of job related injury or illness where it determines they are
needed. The Health Service will be available from any of the fol-lowing
sources: U. S. Public Health Service; other government or
public medical sources within the area; independent or private med-ical
facilities or services that can be contracted for; or in the event
funds, spaces and personnel are available for such purposes, they
may be staffed at the installation. The Employer will promulgate
appropriate regulations which comply with applicable regulations of
the Office of Workers' Compensation Programs, including employ-ee
choice of health services.
D. The Employer will comply with Section 19 of the Williams-Steiger
Occupational Safety and Health Act.
Section 4. Local Safety Committee At each postal installation having 50 or more employees, a Joint
Labor-Management Safety and Health Committee will be estab-lished.
In installations having fewer than 50 employees, installation
heads are encouraged to establish similar committees when request-ed
by the Union. Where no Safety and Health Committee exists,
safety and health items may be placed on the agenda and discussed
at labor-management meetings. There shall be equal representation
on the Committee between the Union and management. The repre-sentation
on the Committee to be specifically determined by the
Employer and the Union shall include one person from the Union
and appropriate management representatives. The Chair will be des-ignated
by the Employer.
It is recognized that under some circumstances, the presence of an
additional employee employed at the installation will be useful to
the local Safety and Health Committee because of that employee's
special expertise or experience with the agenda item being dis-cussed.
Under these circumstances, which will not normally be
applicable to most agenda items, the employee may, at the request
of the Union, be in attendance only for the time necessary to discuss
that item. Payment for the actual time spent at such meetings by the
employee will be at the applicable