Article 30 Local Implementation

Article 30 Local Implementation

Section 30.1 Current Memoranda of Understanding

Presently effective local memoranda of understanding not inconsistent or in conflict with this Agreement shall remain in effect during the term of this Agreement unless changed by mutual agreement pursuant to the local implementation procedure set forth below or, as a result of an arbitration award or settlement arising from either party's impasse of an item from the presently effective local memorandum of understanding.

Section 30.2 Items for Local Negotiations

There shall be a 30 consecutive day period of local implementation which shall occur within a period of 60 days commencing May 2, 2020 on the 20 specific items enumerated below, provided that no local memorandum of understanding may be inconsistent with or vary the terms of this Agreement:

1. Additional or longer wash-up periods.
2. Guidelines for the curtailment or termination of postal operations to conform to orders of local authorities or as local conditions warrant because of emergency conditions.
3. Formulation of local leave program.
4. The duration of the choice vacation period.
5. The determination of the beginning day of an employee's vacation period.
6. Whether employees at their option may request two selections during the choice vacation period, in units of either 5 or 10 days.
7. Whether jury duty and attendance at National or State Conventions shall be charged to the choice vacation period.
8. Determination of the maximum percentage of employees who shall receive leave each week during the choice vacation period.
9. The issuance of official notices to each employee of the vacation schedule approved for such employee.
10. Determination of the date and means of notifying employees of the beginning of the new leave year.
11. The procedures for submission of applications for annual leave during other than the choice vacation period.
12. Whether "Overtime Desired" lists in Article 8 shall be by section and/or tour.
13. The number of light duty assignments to be reserved for temporary or permanent light duty assignment.
14. The method to be used in reserving light duty assignments so that no regularly assigned member of the regular work force will be adversely affected.
15. The identification of assignments that are to be considered light duty.
16. The identification of assignments comprising a section, when it is proposed to reassign within an installation, employees excess to the needs of a section.
17. The assignment of employee parking spaces.
18. The determination as to whether annual leave to attend Union activities requested prior to determination of the choice vacation schedule is to be part of the total choice vacation plan.
19. Those other items which are subject to local negotiations as provided in the following Articles: Article 12, Section .3B5 Article 12, Section .3C Article 12, Section .3E3e Article 12, Section .4 Article 12, Section .6C4a Article 13, Section .3
20. Local implementation of this Agreement relating to seniority, reassignments and posting.

Section 30.3 Grievance-Arbitration Procedure

1. All proposals remaining in dispute may be submitted to final and binding arbitration, with the written authorization of the Union or the Vice President, Labor Relations. The request for arbitration must be submitted within 10 days of the end of the local implementation period. However, where there is no agreement and the matter is not referred to arbitration, the provisions of the former local memorandum of understanding shall apply, unless inconsistent with or in conflict with this Agreement. The Employer may challenge a provision(s) of a local memorandum of understanding on "inconsistent or in conflict" grounds only by making a reasonable claim during the local implementation process that a provision(s) of the local memorandum of understanding is inconsistent or in conflict with new or amended provisions of the current National Agreement that did not exist in the previous National Agreement, or with provisions that have been amended subsequent to the effective date of the previous National Agreement. If local management refuses to abide by a local memorandum of understanding on "inconsistent or in conflict" grounds and an arbitrator subsequently finds that local management had no reasonable basis for its claim, the arbitrator is empowered to issue an appropriate remedy. In the event of a mid-term change or addition in the National Agreement, local management may challenge a provision(s) of a local memorandum of understanding subsequent to the local implementation period, but only by making a reasonable claim that a provision(s) of a local memorandum of understanding is inconsistent or in conflict with the changed provision(s) of the National Agreement. The challenged provision(s) declared to be inconsistent or in conflict with the National Agreement shall remain in effect for 120 days from the date on which the Union is notified in writing of management's challenge or the date of an arbitrator's award dealing with management's challenge, whichever is sooner.

   [See Memo, page 198]

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   MEMORANDUM OF UNDERSTANDING

   - ARTICLE 30 - LOCAL IMPLEMENTATION PROCEDURES

   MEMORANDUM OF UNDERSTANDING

   - ARTICLE 30 - LOCAL IMPLEMENTATION PROCEDURES

   It is hereby agreed by the United States Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, that the following procedures will apply to the implementation of Article 30 during the 2019 local implementation period.

   1. The thirty (30) consecutive day period for 2019 local implementation will commence, pursuant to agreement by the local parties, on or after May 2, 2020 and terminate on or before June 30, 2020. If the local parties do not reach agreement on the dates for local implementation, the local implementation period shall be from June 1, 2020 to June 30, 2020. Initial proposals must be exchanged within the first twenty one (21) days of the thirty (30) consecutive day local implementation period.

      If neither party provides written notification of its intent to invoke the local implementation process on or before May 15, 2020, presently effective Memoranda of Understanding not inconsistent or in conflict with the 2019 National Agreement shall remain in effect during the term of this Agreement.

   2. In the event that any issue(s) remain in dispute at the end of the thirty (30) consecutive day local implementation period, each party shall identify such issue(s) in writing. Initialed copies of this written statement and copies of all proposals and counterproposals pertinent to the issue(s) in dispute will be furnished by the appropriate local party to the appropriate management official at the LR Service Center of the Employer with copies to the Installation Head, local Union President and the Union's Regional Representative within fifteen (15) days after June 30, 2020. Inclusion of any matter in the written statement does not necessarily reflect the agreement of either of the parties that such matter is properly subject to local implementation.
   3. The appropriate management official at the Area office and the Regional Union representative shall attempt to resolve the matters in dispute within seventy-five (75) days after June 30, 2020. The appropriate management official at the Area office and the Regional Union representative will have full authority to resolve all issues still in dispute.
   4. If the parties identified in paragraph 3 above are unable to reach agreement at the Regional level by the end of the seventy-five (75) day period provided for above, the issue(s) may be appealed to final and binding arbitration by the Union or the Vice President, Labor Relations, within twenty-one (21) days of the end of the seventy-five (75) day period. Any such appeal shall be given priority scheduling on the District Regular Contract Docket.
   5. Where there is no agreement and the matter is not referred to the appropriate management official at the LR Service Center or to arbitration, the provision(s), if any, of the former Local Memorandum of Understanding shall apply unless inconsistent with or in conflict with new or amended provisions of the 2019 National Agreement.
   6. Where a dispute exists as to whether an item in the former Local Memorandum of Understanding is inconsistent or in conflict with the 2019 Mail Handlers National Agreement, such dispute will be processed in accordance with the procedures outlined in 2 through 4 above. Items declared to be inconsistent or in conflict shall remain in effect until four (4) months have elapsed from the conclusion of the local implementation period under the 2019 National Agreement.

   This Memorandum of Understanding expires at 12 midnight on September 20, 2022.

2. An alleged violation of the terms of a memorandum of understanding shall be subject to the grievance-arbitration procedure.
3. When installations are consolidated or when a new installation is established, the parties shall conduct a thirty (30) day period of local implementation, pursuant to Section 2. All proposals remaining in dispute may be submitted to final and binding arbitration, with the written authorization of the Union or the Vice Pres- ident, Labor Relations. The request for arbitration must be submitted in accordance with the Memorandum of Understanding Re: Local Implementation.
4. Where the Postal Service, pursuant to Section 3A, submits a proposal remaining in dispute to arbitration, which proposal seeks to change a presently-effective Local Memorandum of Understanding, the Postal Service shall have the burden of establishing that continuation of the existing provision would represent an unreasonable burden to the Postal Service.

Section 30.4 Local Memorandum of Understanding

Subject to the local implementation provisions of this Article, at the conclusion of the local negotiation period, the management representative and the Union representative will sign a local memorandum of understanding for those items on which agreement has been reached. Any items which remain in dispute and which are subsequently resolved in accordance with the local implementation provisions of this Article will be incorporated as an addendum to the local memorandum of understanding. The format for the local memorandum shall be as follows: This Memorandum of Understanding is entered into on____________, 20____, at _____, between the representatives of the United States Postal Service, and the designated agent of the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, pursuant to the Local Implementation Article of the 2019 National Agreement. This Memorandum of Understanding constitutes the entire agreement on matters relating to local conditions of employment.