CIM v5 2021

Source Document

NPMHU Contract Interpretation Manual version 5 June 2021

NPMHU CIM v5

Introduction

This Contract Interpretation Manual (CIM), jointly prepared by the National Postal Mail Handlers Union and the United States Postal Service, represents a good faith effort to identify contractual issues on which the National parties are in agreement regarding interpretation and application of the parties’ 2019 National Agreement. The CIM is referenced in the National Agreement between the parties at Article 15, Section .3E, which is reprinted below. (Note that actual language from the National Agreement, Memoranda of Understanding and Letters of Intent is shaded in gray throughout the CIM.)

The parties have agreed to jointly develop and implement a Contract Interpretation Manual (CIM) within six (6) months after the effective date of the 1998 National Agreement. The CIM will set forth the parties' mutual understanding regarding the proper interpretation and/or application of the provisions of this Agreement. It is not intended to add to, modify, or replace, in any respect, the language in the current Agreement; nor is it intended to modify in any way the rights, responsibilities, or benefits of the parties under the Agreement. However, production of the CIM demonstrates the mutual intent of the parties at the National level to encourage their representatives at all levels to reach resolution regarding issues about which the parties are in agreement and to encourage consistency in the application of the terms of the Agreement. For these reasons, the positions of the parties as set forth in the CIM shall be binding on the representatives of both parties in the resolution of disputes at the Local and Regional levels, and in the processing of grievances through Steps 1, 2 and 3 of the grievance-arbitration procedure. In addition, the positions of the parties as set forth in the CIM are binding on the arbitrator, in accordance with the provisions of Article 15.4A6, in any Regional level arbitration case in which the CIM is introduced. The CIM will be updated periodically to reflect any modifications to the parties' positions which may result from National level arbitration awards, Step 4 decisions, or other sources. The parties' representatives are encouraged to utilize the most recent version of the CIM at all times.

The parties agree that the CIM will be made available to their representatives who are responsible for handling disputes at the Local and Area/Regional levels and for processing grievances at Steps 1, 2 and 3 of the grievance-arbitration procedure in an effort to reach resolution regarding issues about which the parties are in agreement and to assure consistency and compliance with the terms of the National Agreement. The parties’ agreement in this regard is designed to facilitate the resolution of grievances and to reduce grievance backlogs. Contract interpretations set forth in the CIM may be cited and, if cited, shall be applied to all pending and future cases at Steps 1, 2 and 3 of the grievance procedure, and in Regional arbitration; this includes cases initiated prior to the issuance of the CIM to the extent that the specific contractual or handbook/manual language interpreted in the CIM was in effect at the time the case was initiated and has not subsequently been changed.

Preface

The interpretations contained in the CIM should be self-explanatory. As specified in Article 15, Section .3E of the National Agreement, the CIM is not intended to “add to, modify, or replace, in any respect” the language in the National Agreement. Additionally, the CIM is not intended to “modify in any way the rights, responsibilities, or benefits or the parties under the Agreement.” The positions of the parties contained in the CIM are binding on their representatives in the resolution of disputes at the Local and Area/Regional levels and in the processing of grievances at Steps 1, 2 and 3. The positions of the parties contained in the CIM are binding on the arbitrator in any Regional level arbitration case, regular or expedited, in which the CIM is introduced. If introduced in Regional level arbitration, the CIM will speak for itself and the parties’ advocates will not seek testimony on the content of the document from the National parties.

The parties at the National level have committed to update the CIM periodically to reflect any modifications to their positions which may result from national arbitration awards, pre-arbitration settlements, Step 4 decisions, or other agreed upon sources. The parties at the Local and Area/Regional levels should assure that they are working with the most recent version of the CIM at all times and that they apply any revisions or modifications prospectively from the date of revision.

Preamble

This Agreement (referred to as the 2019“Mail Handlers National Agreement”) is entered into by and between the United States Postal Service (the “Employer”) and the National Postal Mail Handlers Union, a Division of the Laborers’ International Union of North America, AFL-CIO (the “Union”).

The 2019 Mail Handlers National Agreement became effective, except as set forth in particular contract provisions or as noted in the CIM explanation of Article 39.2, on April 25, 2020.

Article 1 Union Recognition

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§ 1.1 Recognition

The Employer recognizes the Union designated below as the exclusive bargaining representative of all employees in the bargaining unit for which the Union has been recognized and certified at the national level: National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO.

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The NPMHU is the exclusive bargaining agent representing mail handlers and mail handler assistants employed by the U.S. Postal Service. It has been so recognized in accordance with the terms of the Postal Reorganization Act (PRA) of 1970, which transformed the federal government agency known as the “Post Office Department” into an independent establishment of the Government of the United States, the “United States Postal Service.” The PRA also granted bargaining-unit employees the right to bargain collectively with respect to “rates of pay, wages, hours of employment, or other conditions of employment.” As the exclusive bargaining representative for all mail handlers, the NPMHU is the only organization that is entitled to represent mail handlers in their collective bargaining relationship with the Postal Service.

The other unions exclusively representing large, national groups of USPS craft employees are:

APWU or American Postal Workers Union, AFL-CIO: clerks, maintenance, motor vehicle, mail equipment shops and material distribution center employees; NALC or National Association of Letter Carriers, AFL-CIO: city letter carriers; and NRLCA or National Rural Letter Carriers Association: rural letter carriers. The NPMHU and the unions representing other postal crafts all negotiated together and executed joint National Agreements with the U.S. Postal Service covering the periods 1971-73 and 1973-75. The NRLCA bargained separately for its 1975-78 Agreement and all agreements thereafter. The NPMHU remained in a jointly-bargained National Agreement with the APWU and NALC covering the periods 1975-78 and 1978-81. Beginning in 1981, and continuing to this day, the NPMHU has bargained separately for its own National Agreement. The APWU and NALC continued to bargain together as the Joint Bargaining Committee in 1981, 1984, 1987, and 1990, but have bargained separately since 1994. Presently, therefore, the four major postal unions have separate National Agreements with the Postal Service.

§ 1.2 Exclusions

The bargaining unit 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 purely non-confidential clerical capacity;
4. Security guards as defined in Public Law 91-375, 1201(2);
5. All Postal Inspection Service employees;
6. Employees in the supplemental work force, as previously defined in Article 7 of the 2016 National Agreement;
7. Rural Letter Carriers;
8. City Letter Carriers;
9. Maintenance Employees;
10. Special Delivery Messengers;
11. Motor Vehicle Employees;
12. Postal Clerks;
13. Mail Equipment Shop employees; or
14. Mail Transport Equipment Centers and Supply Center employees.

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This provision sets forth various postal employees who are excluded from or are not part of the bargaining unit represented by the NPMHU.

The supplemental work force, which was previously defined in Article 7 of the 2016 National Agreement as casual employees, are excluded from the bargaining unit. Additionally, managerial and supervisory personnel, employees exclusively represented by one of the other postal unions, and postal employees who work at the Mail Transport Equipment Centers are among those excluded from the bargaining unit.

Question: Are managers or supervisors members of the bargaining unit represented by the NPMHU?

Answer: No. However, mail handlers serving in a temporary supervisory position (204b) or in a supervisory training program are still considered to be craft employees and may continue to accrue seniority in the mail handler craft. The right of such employees and those detailed to EAS positions to bid on vacant duty assignments or to encumber their current duty assignment is governed by Article 12 (Section 12.3B12).

Question: Are postal employees still working at the Mail Transport Equipment Centers or Repair Centers (MTEC) represented by the NPMHU?

Answer: Yes. However, they are considered to be members of a separate bargaining unit, and therefore are not directly covered by the 2019 National Agreement between the NPMHU and the Postal Service. Rather, pursuant to the Memorandum of Understanding Mail Transport Equipment Centers/Repair Centers (MOU) that is contained in the 1998 National Agreement, the terms and conditions of employment for employees at the MTECs are governed by the Supplemental Agreement covering the MTECs (as specifically modified by the MOU) until all such postal facilities are closed and all employees are reassigned in accordance with the Memorandum of Understanding regarding reassignment from MTEC facilities.

§ 1.3 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, Postal Data 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 and Repair Centers.

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§ 1.4 Definition

Subject to the foregoing sections, this Agreement shall be applicable 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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This section provides that, subject to the exclusions listed in Sections 1.2 and 1.3, all members of the regular workforce as defined in Article 7 (Section 7.1A), including all full-time regular employees, part-time regular employees, part-time flexible employees, and mail handler assistants (MHAs) are members of the bargaining unit represented by the NPMHU. This includes postal employees at all present and subsequently acquired installations, facilities and operations of the Postal Service, wherever located.

§ 1.5 New Positions

1. 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 following 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 parties.
2. 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
3. the position, the dispute shall be subject to the provisions of the grievance and arbitration procedure provided for herein.

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This section requires that before assigning a new position to the most appropriate national craft bargaining unit, the Postal Service shall consult with the NPMHU. Additionally, it contains standards that shall be used in assigning new positions to the appropriate unit and provides that the NPMHU will be promptly notified of the decision as to which bargaining unit a new position has been assigned. Any dispute regarding the assignment is grievable at the national level within 30 days from the date the union receives notification of the assignment.

In the Letter of Intent Re References to Union, Craft or Bargaining Unit, which is reprinted in the CIM after Article 39, the parties have agreed that the Postal Service will continue to inform the NPMHU of all new positions whether or not the positions are within the craft unit represented by the NPMHU.

§ 1.6 Performance of Bargaining Unit Work

1. Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except:
1. in an "emergency" which is defined to mean 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;
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.
2. In offices with less than 100 bargaining unit employees, supervisors are prohibited from performing bargaining unit work except as enumerated in Section 1.6A1 through 1.6A5 above or when the duties are included in the supervisor's position description.

(The preceding Article, Article 1, shall apply to Mail Handler Assistant employees.)
Memo, page 129

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Section 1.6A prohibits supervisors in offices with 100 or more bargaining unit employees from performing mail handler bargaining unit work, except for the reasons specifically enumerated. Section 1.6B provides that in offices with fewer than 100 bargaining unit employees, supervisors are prohibited from performing bargaining unit work, except for the reasons specifically enumerated in Section 1.6A or when the duties are included in the supervisors’ position description.

Question: Can an employee on a 204-b assignment perform bargaining unit work?

Answer: No. An employee serving as a temporary supervisor (204-b) is prohibited from performing bargaining unit work except to the extent otherwise provided in Section 1.6 and in the Memorandum of Understanding Re: Overtime/Acting Supervisor (204B) Detailed EAS Position discussed under Article 8.

Question: What is the definition of “post office” for purposes of Article 1, Section 1.6?

Answer: The provisions of Section 1.6A as they relate to the proper definition of “post office” were arbitrated at the national level in case number AB-NAT-1009. In his award, Arbitrator Gamser rejected the Postal Service’s position that there are stations and branches which act or function just like post offices. Arbitrator Gamser’s award sustaining the grievance quoted a postal witness in a NLRB proceeding as follows: “Post Office or postal installation is a mail processing and delivery activity under the head of a single manager. That could range from a single small Post Office to a large Post Office with several associated stations and branches which are responsible to the single manager or could include a large Post Office with many stations and branches, even over 100 stations and branches including related activities such as vehicles and motor facility or an air mail facility, all of which are part of that single postal installation.” Further, Arbitrator Gamser accepted the definition of an installation as defined in Article 38 of the 1973 National Agreement. “...Installation. A main post office, airport mail facility, terminal or any similar organizational unit under the direction of one postal official, together with stations, branches and other subordinate units.” (Emphasis supplied) Source: National Arbitration Award AB-NAT-1009, Arbitrator H. Gamser, dated June 8, 1974.

Question: How is it determined whether an office has 100 or more bargaining unit employees?

Answer: At the beginning of each Agreement period, a count is made of all employees represented by the APWU, NALC and NPMHU to determine which offices have 100 or more employees. The resultant list – which adds together employees in all three of these bargaining units – is effective for the life of the Agreement and does not change during the Agreement.

Question: How is “emergency” defined for purposes of this Section?

Answer: The definition of emergency found in Article 3 (Section 3.6) is used in this Section: “an unforeseen circumstance of a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.” Normally, an increase in mail volume is not, in and of itself, an emergency situation.

MEMORANDUM OF UNDERSTANDING: SUPERVISORS PERFORMING BARGAINING UNIT WORK

It is agreed between the U.S. Postal Service and the National Postal Mail Handlers Union, a Division of LIUNA, AFL-CIO, that where additional work hours would have been assigned to employees but for a violation of Article 1, Section 1.6.A of the 2019 National Agreement and where such work hours are not de minimis, the employee(s) whom management would have assigned the work shall be paid for the time involved at the applicable rate.

Question: What is the remedy when a supervisor performs bargaining unit work in violation of Section 1.6A?

Answer: Except where the time involved is de minimis, the employee(s) who would have been assigned the bargaining unit work will be paid at the applicable rate for the additional work hours that would have been assigned to the bargaining unit employee(s) but for the violation.

Question: Does a union representative have a basis for filing a grievance when he/she believes that a supervisor is performing bargaining unit work in violation of Section 1.6, where the work in question is properly assigned to another craft?

Answer: In keeping with the exclusions outlined in Section 1.2, in those circumstances in which there is no dispute that the work in question is properly assigned to another craft (e.g., the work is properly assigned to the clerk craft under the provisions of RI 399), the union representative would have no basis to file a grievance over the supervisor’s performance of that work.

Article 2 Non-Discrimination and Civil Rights

§ 2.1 Statement of Principles

The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful discrimination against employees, as prohibited by the Rehabilitation Act of 1973 or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

[See Memos, pages 129-132]

This article gives mail handlers the contractual right to object to and remedy alleged discrimination through the filing of a grievance.

In addition, in accordance with federal law and regulations, employees and applicants for employment with the Postal Service have legal recourse to remedy alleged work place discrimination. A mail handler can begin this process by contacting an Equal Employment Opportunity (EEO) Counselor. The matter then can be pursued by filing a formal complaint, having a hearing, appealing to the U.S. Equal Opportunity Commission (EEOC), and ultimately appealing to federal court.

Section 2.1 also provides mail handlers the contractual right to object to and remedy, through the grievance and arbitration procedure set forth in Article 15, alleged violations of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Act of 1974. The USPS guidelines concerning reasonable accommodation are contained in Handbook EL-307, Guidelines on Reasonable Accommodation.

Question: May the Postal Service be required to reasonably accommodate an employee due to religious reasons?

Answer: The Postal Service has agreed that accommodations should be attempted for those employees who, because of their religious beliefs, may be prohibited from working or required to attend religious services. Such accommodations must be consistent with the National Agreement. Management is not required to provide accommodations that create an undue hardship on the Postal Service.

Source: Postmaster General policy letter of November 25, 1981.

§ 2.2 Committee

Non-Discrimination and Civil Rights are proper subjects for discussion at Labor-Management Committee meetings at the national, regional/area and local levels provided in Article 38.

§ 2.3 Grievances

Grievances arising under this Article may be filed at Step 2 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.

This section provides bargaining unit employees the contractual right to grieve alleged discrimination. Section 2.3 provides that grievances may be filed directly to Step 2 of the grievance procedure.

Question: When and where can a grievance under Article 2 be filed?

Answer: Grievances arising under Article 2 may be filed at Step 2 of the grievance procedure within fourteen (14) days of when the employee or Union has first learned or may reasonably have been expected to have learned of the alleged discrimination.

§ 2.4 Dual Filing

The Union, at the national and local levels, will take affirmative steps to ensure that bargaining-unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes.

The Union, at the national and local levels, will not encourage dual filing of grievances.

(The preceding Article, Article 2, shall apply to Mail Handler Assistant employees.)

Question: Can an employee file a grievance and EEO complaint simultaneously on the same issue?

Answer: Yes. The Union has agreed, however, to take affirmative steps to ensure that bargaining unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes. The Union also has agreed, at both the National and Local levels, not to encourage dual filing.

Question: If an EEO complaint and a grievance are filed on the same issue, does the settlement of the EEO complaint automatically make the grievance moot?

Answer:: No. If the grievance has moved past the Step 1 level, then the Union must be signatory to any settlement that would include a waiver of the grievance.

Source: Step 4 Grievance H4N-3U-D 2506, dated April 15, 1987.

Question: Can an administrative EEO complaint be settled in a manner that is contrary to the provisions of the National Agreement?

Answer: No. EEO settlements may not take precedence over the language contained in the collective bargaining agreement.

Source: Step 4 Grievance H1C-3F-C 25743, dated December 6, 1985.

Question: Are employees entitled to compensation for time spent outside of normal working hours while testifying in an EEO hearing?

Answer: Yes. Witnesses whose presence at the EEO hearing is officially required will be in a duty status during a reasonable period of waiting time prior to their testimony at the hearing and during their actual testimony.

Source: Step 4 Grievance H1N-5G-C 15447, dated October 22, 1987.

MEMORANDUM OF UNDERSTANDING: Reasonable Accommodation for the Deaf and Hard of Hearing

MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonably accommodate impaired employees and applicants who request assistance in communicating with or understanding others in work related situations, such as:

1. During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, or presentation of a grievance.
2. During some aspects of training, including formal classroom instruction.
3. During portions of EAP programs and EEO counselings.
4. In critical elements of the selection process such as during testing and interviews.
5. During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
6. During the filing or meetings concerning an employee's OWCP claim.

IMPLEMENTATION
This obligation is met by selecting an appropriate resource from the variety of resources available. In selecting a resource, the following, among others, should be considered, as appropriate:

• The ability of the deaf and hard of hearing employee to understand various methods of communication and the ability of others to understand the deaf and hard of hearing employee.
• The importance of the situation as it relates to work requirements, job rights, and benefits.
• The availability and cost of the alternative resources under consideration.
• Whether the situation requires confidentiality.

Available resources which should be considered include:

1. Installation heads are authorized to pay for certified interpreters. Every effort will be made to provide certified interpreters when deemed necessary by an application of the principles set forth herein.
2. In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
3. Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community.
4. In some situations, written communications may be appropriate.
5. Supervisors, training specialists, EAP, and EEO counselors may be trained in sign language.
6. Deaf and hard of hearing applicants should normally be scheduled for a specific examination time when an interpreter will be available.

Management will provide the following assistance for deaf and hard of hearing employees.

1. All films or videotapes designed for the training or instruction of regular work force employees developed on or after October 1, 1987, shall be opened or closed captioned. To the extent practicable, existing films or videotapes developed nationally that will continue to be used by the deaf and hard of hearing with some frequency, will be opened or closed captioned.
2. Special telecommunications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees in the regular work force. These devices will be available to deaf and hard of hearing employees for official business and in the case of personal emergencies. As appropriate, Management will provide training to staff on the use of these special telecommunication devices.
3. A visual alarm will be installed on all moving powered industrial equipment in all postal installations employing deaf and hard of hearing employees in the regular work force.
4. Visual fire alarms will be installed in all new postal installations (installations for which the U.S. Postal Service, as of the effective date of this agreement, has not awarded a contract for the design of the building) where the Postal Service installs audible fire alarms. The parties will discuss and seek to agree at the local level about the installation in such other facilities as may be appropriate.

JOINT LABOR-MANAGEMENT MEETINGS
Discussion of problem areas with regard to the use of certified sign interpreters, enhancement of job opportunities for the deaf and hard of hearing, type of special telecommunications devices to be installed, and installation of visual alarms at other than new postal installations are appropriate matters for considerations at Joint Labor-Management meetings. Discussion of such matters at Labor-Management meetings is not a prerequisite to the filing or processing of a grievance.

This MOU establishes specific obligations concerning the Postal Service’s duty to reasonably accommodate deaf and hard of hearing employees and applicants under the Rehabilitation Act.

MEMORANDUM OF UNDERSTANDING: Workplace Free of Harassment

The National Postal Mail Handlers Union and the United States Postal Service are committed to providing employees with a safe, productive, and inclusive workplace. All employees must refrain from practicing or tolerating discrimination and harassment based on race, color, religion, sex, national origin, age, mental or physical disability, genetic information, uniformed (military) service, or in reprisal for an employee's complaint about or opposition to discrimination or participation in any process or proceeding designed to remedy discrimination. Employees who believe that they are victims of harassment should bring the situation to the attention of a supervisor, a manager, or the manager of Human Resources.

To achieve a workplace free of harassment, the parties agree to establish at the National Level a "Task Force on Preventing Harassment." The purpose of the Task Force is to explore the most effective methods to ensure employees are aware of Postal Service policies and procedures on harassment.

This Memorandum of Understanding may not be cited in the grievance process or used as the basis for a grievance. Nothing in this Memorandum of Understanding affects the right of employees to file a grievance under Article 2 of the National Agreement.

This MOU reinforces the parties’ commitment to providing employees with a safe, productive, and inclusive workplace free of discrimination and harassment. The parties have agreed to establish a Task Force to explore the most effective methods to ensure all employees are aware of Postal policies and procedures on harassment.

Question: Can a grievance be filed citing a violation of this MOU?

Answer: No, but nothing in this MOU affects the rights of employees to file a grievance under Article 2.

Article 3 Management Rights

3. The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations:
   1. To direct employees of the Employer in the performance of official duties;
   2. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees;
   3. To maintain the efficiency of the operations entrusted to it;
   4. To determine the methods, means, and personnel by which such operations are to be conducted;
   5. To prescribe a uniform dress to be worn by designated employees; and
   6. To take whatever actions may be necessary to carry out its mission 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 Mail Handler Assistant employees.)

The USPS’s “exclusive rights” under this article are basically the same as its statutory rights under the Postal Reorganization Act of 1970, as set forth in 39 U.S.C. § 1001(e). While postal management has the basic power to “manage” the United States Postal Service, Article 3 rights are not absolute. Rather, management must act in accordance with applicable laws, regulations, contract provisions, arbitration awards, letters of intent and memoranda of understanding. Consequently, many of the management rights enumerated in Article 3 are limited by negotiated contract provisions. For example, Management’s Article 3 right to “suspend, demote, discharge, or take other disciplinary action against” employees is subject to the provisions of Articles 15 and 16.

Section 3.6 gives management the right to take whatever actions may be necessary to carry out its mission in emergency situations. An emergency is defined as “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.”

On a related note, Article 30 (Section 30.2, Item B) provides local parties the opportunity during Local Implementation to discuss and formulate “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.”

Question: Do the management rights stated in Article 3 permit management to disregard the other provisions of the National Agreement?

Answer: No. Depending upon the circumstances, management’s rights may be limited by other provisions of the National Agreement.

Article 4 Technological and Mechanization Changes

Both parties recognize the need for improvement of mail service.

§ 4.1 Advance Notice

The Union at the national level will be informed as far in advance as practicable, but no less than 30 days in advance, of implementation 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.

§ 4.2 Committee

There shall be established at the national level a Joint Technological and Mechanization Changes Committee composed of an equal number of representatives of management and the union. The Committee shall meet semiannually, or as necessary, from the conceptual stage onward, to discuss any issues concerning proposed technological and mechanization changes which may affect jobs, including new or changed jobs, which affect the wages, hours, or working conditions of the bargaining unit. For example, the Postal Service will keep the Union advised concerning any research and development programs (e.g., study on robotics) which may have an effect on the bargaining unit.

In addition, the Committee shall be informed of any new jobs created by technological or mechanization changes. Where present employees are capable of being trained to perform the new or changed jobs, the Committee will discuss the training opportunities and programs which will be available. These discussions may include the availability of training opportunities for self-development beyond the new or changed jobs.

§ 4.3 Resolution of Differences

Upon receiving notice of the changes, an attempt shall be made at the national level 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-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling.

Under Section 4.1, the Union at the National level will be informed as far in advance as practicable, but no less than 30 days in advance, of the implementation of technological or mechanization changes which affect jobs in the area of wages, hours or working conditions. For major new mechanization or equipment that will be purchased or installed, the Union at the National level will be informed no less than 90 days in advance.

Section 4.2 establishes a National-level Joint Technological and Mechanization Changes Committee composed of an equal number of representatives of Management and the Union. The Committee shall meet semi-annually to discuss issues concerning proposed technological and mechanization changes, including any research and development programs, that may have an effect on the NPMHU bargaining unit. The Committee also will discuss available training opportunities and programs when current employees are capable of being trained for the new or changed jobs.

Section 4.3 provides that, upon notice of changes as outlined above, the parties at the National level shall attempt to resolve any questions about the impact of the proposed changes on affected employees. Any unresolved questions may be submitted by the Union to arbitration; any such arbitration will be given priority in scheduling.

The provisions of Sections 4.1, 4.2, and 4.3 are administered and enforced by the parties at the National level. These provisions are not properly the subject of local grievances.

§ 4.4 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 technical 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 saved grade 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.

Unlike Sections 4.1, 4.2 and 4.3, the contract language found in Section 4.4 is enforceable at the local level. Section 4.4 requires management to offer any new jobs created by technological or mechanization changes to present employees capable of being trained to perform the new or changed job. On the job training for any new job created by technological or mechanization changes shall not exceed 60 days, although certain specialized technical jobs may require additional, off-site training. During training, the employees will maintain their pay rate.

In addition, Section 4.4 provides that if an employee’s job is eliminated due to technological or mechanization changes and if the employee cannot be placed in a job of equal grade, the employee shall receive saved grade until such time as employee fails to bid or apply for a position in employee’s former wage level. The saved grade provided for in this section is governed by the provisions of Section 421.53 of the Employee and Labor Relations Manual (ELM).

See also Article 9 (Section 9.7) which contains a general provision requiring the Postal Service to continue the current salary rate protection program for the duration of this agreement. This includes not only the “saved grade” provisions found in Section 4.4 and described in ELM Section 421.53, but also the “protected rate” provisions found in ELM Section 421.51 and the “saved rate” provisions found in ELM Section 421.52. In addition, employees who qualify for “saved grade” will receive “saved grade” for an indefinite period of time subject to the conditions contained in Section 4.4.

§ 4.5 Local Notice

The installation head or his/her designee shall notify, and upon request meet with, the appropriate local union official, as far in advance as reasonably practicable, concerning the local deployment of any new automated or mechanized equipment, whether locally purchased or nationally deployed, that will have a significant impact on mail handler duty assignments within the installation.

The language of Section 4.5 deals with new automated or mechanized equipment that is either locally purchased or nationally deployed and that will have a significant impact on duty assignments. It requires advance notice to the appropriate local union official of the deployment of such equipment. If requested, the installation head or designee will meet with the union to discuss the deployment. While the notice must be made as far in advance as “reasonably practicable,” no set time frame has been established.

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 Mail Handler Assistant employees.)

Article 5 prohibits management taking any unilateral action inconsistent with the terms of the existing agreement or with its obligations under law. Section 8(d) of the National Labor Relations Act prohibits an employer from making unilateral changes in wages, hours or working conditions during the term of a collective bargaining agreement. Examples of prohibited actions include:

• Giving employees cash awards that were not negotiated.
• Implementing “pro-active” discipline programs without negotiating them with the union.

Source: National Arbitration Award H1M-NA-C 99, Arbitrator N. Zumas, dated May 11, 1987. Management actions are not considered to be unilateral when they are covered by the National Agreement or when they are an exercise of rights that the parties have reserved to management as provided in Article 3. For example, management may decide to discontinue an installation and the agreement of the Union is not necessary because that right has been reserved to management in Articles 3 and 12. On the other hand, the reassignment of those employees affected by that decision must be made in accordance with Article 12 and any other applicable provisions of the Agreement. The manner in which such reassignments are made could be subject to a challenge through the grievance procedure as a violation of Article 12 but not necessarily as a violation of Article 5. Question: What is an example of actions not prohibited under Article 5? Answer: Changes in mail distribution systems that could potentially result in excessing. The arbitrator found that, under the provisions of Article 3 and Article 12, management could proceed without further collective bargaining. Source: National Arbitration Award AC-NAT-3052, Arbitrator S. Garrett, dated April 25, 1977. Question: Can management change breaks? Response: Issues involving breaks are determined by local policy. Whether management altered a past practice can only be determined by full development of the specific fact circumstances involved. Source: Step 4 Grievance H1M-5D-C 21062, dated October 15, 1984. In 2014, in his award concerning the Lead Clerk position, National Arbitrator Shyam Das wrote: In sum, the NPMHU has established that the Postal Service unilaterally changed the terms and conditions of employment for Mail Handlers when it assigned the Lead Clerk position which it had negotiated with the APWU to provide oversight, direction and support to Mail Handlers, work that in the absence of a supervisor previously had been performed by Mail Handler Group Leaders. The Postal Service is ordered to restore the status quo and to bargain with the NPMHU over these matters. Source: National Arbitration Award Q06M-6Q-C 12288977, Arbitrator S. Das, dated November 5, 2014. National Arbitrator Bernstein wrote concerning Article 5: The only purpose the Article can serve is to incorporate all the Service's "obligations under law" into the Agreement, so as to give the Service's legal obligations the additional status of contractual obligations as well. This incorporation has significance primarily in terms of enforcement mechanism-it enables the signatory unions to utilize the contractual vehicle of arbitration to enforce all of the Service's legal obligations. Moreover, the specific reference to the National Labor Relations Act is persuasive evidence that the parties were especially interested in utilizing the grievance and arbitration procedure spelled out in Article 15 to enforce the Service’s NLRB commitments. Source: National Arbitration Award H1N-5G-C 14964, Arbitrator N. Bernstein, dated March 11, 1987. Article 6 Layoff and Reduction in Force CIM v5 2021 Article 7 Employee Classifications CIM v5 2021 Article 8 Hours of Work CIM v5 2021 Article 9 Salaries and Wages CIM v5 2021 Article 10 Leave CIM v5 2021 Article 11 Holidays CIM v5 2021 Article 12 Principles of Seniority Posting and Reassignments CIM v5 2021 Article 13 Assignment of Ill or Injured Regular Work Force Employees CIM v5 2021 Article 14 Safety and Health CIM v5 2021 Article 15 Grievance-Arbitration Procedure CIM v5 2021 Article 16 Discipline Procedure CIM v5 2021 Article 17 Representation CIM v5 2021 Article 18 No Strike CIM v5 2021 Article 19 Handbook and Manuals CIM v5 2021 Article 20 Parking CIM v5 2021 Article 21 Benefit Plans CIM v5 2021 Article 22 Bulletin Boards CIM v5 2021 Article 23 Rights of Union Officials to Enter Postal Installations CIM v5 2021 Article 24 Employees on Leave with Regard to Union Business CIM v5 2021 Article 25 Higher Level Assignments CIM v5 2021 Article 26 Uniform and Work Clothes CIM v5 2021 Article 27 Employee Claims CIM v5 2021 Article 28 Employer Claims CIM v5 2021 Article 29 Limitation On Revocation of OF-346 CIM v5 2021 Article 30 Local Implementation CIM v5 2021 Article 31 Union-Management Cooperation CIM v5 2021 Article 32 Subcontracting CIM v5 2021 Article 33 Promotions CIM v5 2021 Article 34 Work and/or Time Standards CIM v5 2021 Article 35 Alcohol And Drug Recovery Programs CIM v5 2021 Article 36 Credit Unions and Travel CIM v5 2021 Article 37 Special Provisions CIM v5 2021

Article 38 Labor-Management Committee

Title § 38.1 NA2019 Body § 38.1 NA2019

Body § 38.1 CIM v5 2021

Title § 38.2 NA2019 Body § 38.2 NA2019

Body § 38.2 CIM v5 2021

Title § 38.3 NA2019 Body § 38.3 NA2019

Body § 38.3 CIM v5 2021 Article 39 Separability and Duration CIM v5 2021