NPMHU 2022 National Agreement
Source Document[edit]
NPMHU 2022 National Agreement
Preamble[edit]
This Agreement (referred to as the 2022 "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").
Article 1 Union Recognition[edit]
§ 1.1 Recognition[edit]
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.
§ 1.2 Exclusions[edit]
The bargaining unit set forth in Section 1 above does not include, and this Agreement does not apply to:
- Managerial and supervisory personnel;
- Professional employees;
- Employees engaged in personnel work in other than a purely nonconfidential clerical capacity;
- Security guards as defined in Public Law 91-375, 1201(2)
- All Postal Inspection Service employees;
- Employees in the supplemental work force, as previously defined in ~ Article 7 of the 2016 National Agreement;
- Rural Letter Carriers;
- City Letter Carriers;
- Maintenance employees;
- Special Delivery Messengers;
- Motor Vehicle employees;
- Postal Clerks;
- Mail Equipment Shop employees; or
- Mail Transport Equipment Centers and Supply Center employees.
§ 1.3 Facility Exclusions[edit]
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.
§ 1.4 Definition[edit]
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.
§ 1.5 New Positions[edit]
- 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:
- existing work assignment practices;
- manpower costs;
- avoidance of duplication of effort and "make work" assignments;
- effective utilization of manpower, including the Postal Service's need to assign employees across craft lines on a temporary basis;
- the integral nature of all duties which comprise a normal duty assignment;
- the contractual and legal obligations and requirements of the parties.
- 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 grievance and arbitration procedure provided for herein.
§ 1.6 Performance of Bargaining Unit Work[edit]
- Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except:
- 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;
- for the purpose of training or instruction of employees;
- to assure the proper operation of equipment;
- to protect the safety of employees; or
- to protect the property of the USPS.
- 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.)
MOU Supervisors Performing Bargaining Unit Work[edit]
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 2022 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.
Article 2 Non-Discrimination and Civil Rights[edit]
§ 2.1 Statement of Principles[edit]
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 (including pregnancy), age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful discrimination against employees or individuals with disabilities, as prohibited by the Rehabilitation Act of 1973 or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
MOU Reasonable Accommodation for The Deaf and Hard Of Hearing[edit]
MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonably accommodate deaf and hard of hearing employees with a disability under the Rehabilitation Act (the “Act”) and applicants who request assistance in communicating with or understanding others in work related situations, such as but not limited to:
- During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, corrective actions or presentation of a grievance pursuant to Article 17 and other provisions of the Collective Bargaining Agreement.
- During formal classroom instruction and some aspects of informal training.
- During portions of EAP programs and EEO counselings.
- In critical elements of the selection process such as during testing and interviews.
- During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
- During the filing or meetings concerning an employee's OWCP claim.
- During service talks longer than five (5) minutes and meetings to discuss work procedures, policies and assignments.
- During meetings to discuss excessing or consolidation and A reasonable accommodation must be approached on a highly individual, case-by-case basis. The individual’s input must be considered prior to making a decision regarding accommodation.
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:
- Management Instruction (MI) regarding Providing Communications Accommodations to Employees and Applicants who are Deaf or Hard of Hearing.
- 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, but are not limited to the following:
- 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. Costs for sign language interpreting services are covered by a centralized budget at Headquarters.
- In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
- Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community. A skilled interpreter is anyone who can provide effective interpretation in the sign language used by the signing employee.
- In some situations, such as day-to-day instructions and routine communications, written communications may be appropriate based on the employee’s ability to comprehend written communications.
- All Postal Service employees who supervise employees who are deaf and hard of hearing, as well as , training specialists, EAP, and EEO counselors may be trained in sign language and must complete Postal Service approved training on the following subjects:
- Effective communications with employees who are deaf and hard of hearing,
- Providing qualified sign language interpreters.
- Use of VRI and VRS.
- Deaf and hard of hearing applicants will 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 with a disability under the Act.
- State or Federal Relay services or other postal approved technology such as Video Relay Services (VRS) or VRI – if available and authorized or new and evolving technologies that are available, authorized and approved, may provide away for a deaf or hard of hearing employee to conduct postal business by phone or video with other employees and customers.
- When possible, interpretating services as described in (a) through (f) above should be scheduled as far in advance as possible.
- In the event of an emergency situation, the Postal Service will strive to communicate the nature of the emergency as soon as possible.
Management will provide the following assistance for deaf and hard of hearing employees with a disability under the Act.
- All films, videos 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.
- Special communications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees pursuant to the requirements contained in the Management Instruction regarding Providing Communication Accommodations to Employees and Applicants Who are Deaf or Hard of Hearing. Special communication devices or telephone volume control devices will be installed for hard of hearing employees whenever a hard of hearing employee needs a reasonable accommodation in order to communicate by phone. 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.
- A visual alarm will be installed on all moving powered industrial equipment powered by electric motor or internal combustion engine in all postal installations employing deaf employees or in any installation where such a reasonable accommodation is necessary for a hard of hearing employee.
- 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.
- The Postal Service will ensure that all Postal Service facilities nationwide maintain an Emergency Action Plan. The plan will address the requirements for an employee alarm system that:
- Complies with Occupational Safety and Health Administration regulations; and
- Provides adequate notice to employees so they can take the appropriate actions necessary to escape the workplace safely.
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, including recruitment and hiring efforts, type of special communications devices or volume control devices to be installed, installation of visual alarms or other systems such as tactile devices at other than new postal installations, and the availability of new technologies which may help deaf and hard of hearing employees perform a variety of tasks, 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.
MOU Workplace Free of Harassment[edit]
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.
MOU re: Dignity and Respect in the Workplace[edit]
The Postal Service and the Union are committed to improving workplace relationships and to treating each and every individual employee with dignity and respect. The parties agree that they have a mutual interest in creating a positive work environment and culture, thus ensuring that the Postal Service is an “employer of choice”.
The parties further agree that individual or systemic concerns or issues touching on matters of dignity and respect are best served through a cooperative effort. Treating every employee with dignity and respect therefore is a proper subject for discussion at Labor Management Committee meetings at the national, regional/area and local levels provided in Article 38.
The guiding principle of any joint discussions should be to improve the work climate and daily relationships on the workroom floor, and to ensure the operational success of the Postal Service.
This Agreement is without prejudice to the Postal Service’s right to make changes to policy consistent with Article 19 and 34 , and the Union’s ability to challenge the same.
No retaliatory action is to be taken against any employee for alleging wrongdoing of any sort within the U.S. Postal Service to the Office of the Inspector General, to the Inspection Service, or to responsible officials of the Postal Service.
This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement.
§ 2.2 Committee[edit]
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[edit]
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.
§ 2.4 Dual Filing[edit]
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.)
Article 3 Management Rights[edit]
The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations:
- To direct employees of the Employer in the performance of official duties;
- 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;
- To maintain the efficiency of the operations entrusted to it;
- To determine the methods, means, and personnel by which such operations are to be conducted;
- To prescribe a uniform dress to be worn by designated employees; and
- 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.)
Article 4 Technological and Mechanization Changes[edit]
Both parties recognize the need for improvement of mail service.
§ 4.1 Advance Notice[edit]
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[edit]
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[edit]
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.
§ 4.4 New Jobs[edit]
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/or 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.
- 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, full-time flexibles, part-time employees assigned to regular schedules and part-time employees assigned to flexible schedules.
- 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 Section 6.1A1 above on completion of six years of continuous service and having worked in at least 20 pay periods during each of the six years.
- With respect to employees hired into the regular work force after the date of this Award and who have not acquired the protection provided under Section 6.1B above, the Employer shall have the Article 6.1
§ 4.5 Local Notice[edit]
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.
Article 5 Prohibition of Unilateral Action[edit]
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 6 Layoff and Reduction in Force[edit]
§ 6.1 General Principles[edit]
- 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.
- 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 Section 6.1A1 above on completion of six years of continuous service and having worked in at least 20 pay periods during each of the six years.
- With respect to employees hired into the regular work force after the date of this Award and who have not acquired the protection provided under Section 6.1B above, the Employer shall have the right to effect layoffs for lack of work or for other legitimate rea- sons. 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:
MOU Article 6 - Layoff Protection[edit]
Each employee who is employed in the regular work force as of September 20, 2022, and who has not acquired the protection provided under Article 6 shall be protected henceforth against any involuntary layoff or force reduction during the term of this Agreement. It is the intent of this Memorandum of Understanding to provide job security to each such employee during the term of this Agreement; however, in the event Congress repeals or significantly relaxes the Private Express Statutes this Memorandum shall expire upon the enactment of such legislation. In addition, nothing in this Memorandum of Understanding shall diminish the rights of any bargaining-unit employees under Article 6.
Since this Memorandum of Understanding is being entered into on a non-precedential basis, it shall terminate for all purposes at midnight September 20, 2025 and may not be cited or used in any subsequent dispute resolution proceedings.
§ 6.2 Coverage[edit]
- 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 successor organization in his or her lifetime. Such employees are referred to as "protected employees." Other employees achieve protected status under the provisions of Section 6.2C below.
- Employees Subject to Involuntary Layoff or Force Reduction Except as provided in Sections 6.2A and 6.2C, all employees who enter the regular work force, whether by hire, transfer, demotion, reassignment, reinstatement, and reemployment on or after September 16, 1978, are subject to layoff or force reduction and are referred to as "non-protected employees."
- Non-Protected Employees Achieving Protected Status
- A non-protected employee achieves protected status upon completion of six years of continuous service in the 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 employee 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:
- 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.
- Time spent on paid annual leave or sick leave, as provided for in Article 10 of the Agreement.
- Leave without pay for performing Union business as provided for in Article 24 of the Agreement.
- 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.
- 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.
- 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 continuous service.
- 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 previously completed full anniversary years, for purposes of attaining the six years continuous service.
§ 6.3 Preconditions for Implementation of Layoff and Reduction in Force[edit]
- The Union shall be notified at its 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 ex- plain to the Union the basis for its conclusion that legitimate business reasons require the excessing and possible separation of employees.
- 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.
- The maximum number of excess employees within an installation shall be determined by seniority unit within each category of employees (full-time, part-time regular, part-time flexible). This number determined by the Employer will be given to the Union at the time of the 90-day notice.
- 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, minimize the amount of overtime work, minimize the hours of Mail Handler Assistants, and minimize 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 provided by Part 435 of the Employee and Labor Relations Manual, will receive benefit coverage to the extent provided by such Manual, and, if eligible, will be given the early retirement benefits provided by Section 8336(d)(2) of Title 5, United States Code and the regulations implementing that statute.
- 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 posting, re- quest a reassignment under this Article to a posted vacancy. Qualified employees will be assigned to such vacancies on the basis of seniority. If a senior non-preference eligible employee within the seniority unit indicates no interest in an available reassignment, 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 commuting area of the losing installation. If the reassignment is to a different craft, the employee's seniority in the new craft shall be established in accordance with the applicable seniority provisions of the new craft.
§ 6.4 Layoff and Reduction in Force[edit]
- A Definition The term "layoff" as used herein refers to the separation of non- protected, non-preference eligible employees in the regular work force because of lack of work or other legitimate, nondisciplinary 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 legitimate non-disciplinary reasons.
- Order of Layoff If an excess of employees exists at an installation after satisfaction of the preconditions set forth in Section 6.3 above, the Employer may lay off employees within their respective seniority units in inverse order of seniority as defined in the Agreement.
- Seniority Units for Purposes of Layoff Seniority units within the categories of full-time regular, part- time regular, and part-time flexible, will consist of all nonprotected 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 operation of the installation.
- Union Representation Chief stewards and union stewards whose responsibilities bear a direct relationship to the effective 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 layoff, reduction in force, and recall.
- Reduction in Force If an excess of employees exists at an installation after satisfaction of the preconditions set forth in Section 6.3 above and after the layoff procedure has been applied, the Employer may implement a reduction in force as defined above. Such reduction will be con- ducted in accordance with statutory and regulatory requirements that prevail at the time the force reduction is effected. Should applicable law and regulations require that other non-protected, non-preference eligible 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 at least 30 days prior to the reduction. The Union will be afforded a full opportunity to make suggested revisions in the proposal. However, the Employer, having 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 eligibles except as may be required by law.
§ 6.5 Recall Rights[edit]
- 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.
- An employee reassigned from a losing installation pursuant to Section 6.3E 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.
§ 6.6 Protective Benefits[edit]
- 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.
- 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 and to the conversion rights provided for in the Employee and Labor Relations Manual.
§ 6.7 Union Representation Rights[edit]
- The interpretation and application of the provisions of this Article shall be grievable under Article 15. Any such grievance may be introduced at the Regional/Area (i.e., Step 3) level and shall be subject to priority arbitration.
- The Employer shall provide to the Union a quarterly report on all reassignments, layoff and reductions in force made under this Article.
- Preference eligibles are not deprived of whatever rights of appeal such employees may have under applicable laws and regulations. However, if an employee exercises these appeal rights, the employee thereby waives access to any procedure under this agreement beyond Step 3 of the grievance-arbitration procedure. The Employer shall not layoff, reduce in force, or take any other action against a non-protected employee solely to prevent the attainment by that employee of protected status.
§ 6.8 Intent[edit]
The Employer shall not layoff, reduce in force, or take any other action against a non-protected employee solely to prevent the attainment by that employee of protected status.
Article 7 Employee Classifications[edit]
§ 7.1 Definition and Use[edit]
- Regular Work Force
The regular work force shall be comprised of two categories of employees which are as follows:
- Full-Time
Employees in this category shall be hired pursuant 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. - Part-Time
Employees in this category shall be hired pursuant 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.
- Full-Time
- Mail Handler Assistant Employees (MHAs)
- The Mail Handler Assistant (MHA) employee work force shall be comprised of noncareer bargaining unit employees.
- During the course of a service week, in postal installations with less than 200 man years of employment, the Employer will make every effort to ensure that qualified and available part-time flexible employees, if there are any in the installation, are utilized at the straight-time rate prior to assigning such work to MHAs, provided that the reporting guarantee for MHAs is met. This sentence also shall apply to larger installations during the limited period in which they continue to employ part-time flexible employees.
- The total number of MHAs within an installation will not exceed 25% of the total number of career mail handlers in the installation (MHA Cap), except during the peak season exception period. The peak season exception period will be four (4) consecutive pay periods between October 1 and January 31 each fiscal year. The Employer shall identify and notify the Union, at the national level of the four (4) pay periods within the October 1 to January 31 time frame during which it may exceed the 25% limitation in installations with MHAs. Such notice will be provided at least three (3) months in advance of the start date of the identified pay period(s). The peak season exception period will be the same four (4) consecutive pay periods for all installations with MHAs. No portion of the selected pay periods may be before October 1 or after January 31. The Employer will provide the Union at the National level with report listing the number of MHAs at each installation and in each district. This report will be provided within fourteen (14) days of the close of the pay period. In the event that the Employer exceeds the 25% limitation by installation, a remedy, if any, will be determined by the individual facts and on a case-by-case basis.
In addition to the peak season exception period defined above there will be four (4) weeks immediately preceding the four (4) pay periods identified within the October 1 to January 31 time frame during which the MHA cap will be temporarily increased. The MHA cap will increase by 1% each of the four weeks, starting with a 1% increase to the MHA cap in week 1, then an additional 1% in week 2 to equal a 2% increase, an additional 1% increase in week 3 to equal a 3% increase, and an additional 1% increase in week 4 to equal a 4% increase. - Any non-NPMHU bargaining unit employee on light or limited duty in the mail handler craft or on a rehabilitation assignment in the mail handler craft who does not hold a bid assignment will not be counted as a career employee for the purpose of determining the number of MHAs who may be employed in the mail handler craft.
- MHAs shall be hired from an appropriate register pursuant to such procedures as the Employer may establish. They will be hired for terms of 360 calendar days per appointment. Such employees have no daily or weekly work hour guarantees. MHAs will have a break in service of 5 days if reappointed. In addition, any MHA who is scheduled to work and who reports to work in an installation with 200 or more man years of employment shall be guaranteed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours of work or pay.
(The preceding Section, Article 7.1B, shall apply to Mail Handler Assistant employees.)
LOI USPS Installations[edit]
The parties agree that the Employer retains the right to add installations, consolidate installations, and discontinue installations in accordance with Article 12, and the reports will be adjusted to reflect such changes as soon as reasonably practicable thereafter. An installation for the purposes of this paragraph will be defined to include all facilities for which a mail handler career employee is entitled to bid, as provided under Article 12.3C.
LOI Mail Handler Assistants in Excess of Percentage Caps[edit]
The parties acknowledge that there may be situations of limited duration that occur during the course of the year when the Employer needs to employ MHAs in excess of the cap for the total number of MHAs in an installation.
Any local or Area/Regional agreements to allow the employment of MHAs in excess of the percentage caps requires concurrence by the parties at the National level.
MOU Re: Mail Handler Assistant Employees[edit]
The following general principles concerning Mail Handler Assistant Employees (MHAs) shall apply:
- General Principles
- The MHA work force is comprised of noncareer, mail handler bargaining unit employees.
- MHAs shall be hired for terms of 360 calendar days and will have a break in service of 5 days if reappointed.
- Leave provisions for MHAs are included in Attachment A to this MOU.
- For MHA percentage use allowances, see Article 7.1B.
- The Postal Service will provide a report every four week reporting period with information needed to monitor compliance with the provisions above, i.e., the total number of career bargaining unit employees and MHAs in the mail handler craft by installation.
- Effective November 19, 2022 , the hourly rates for MHAs shall be as follows:
Hourly Rate: Level 4 at $18.22 and Level 5 at $19.17.
Also, effective no later than the first full pay period 180 days after ratification, a new step, Step B, will be added to the MHA wage scale for Grade 4 and Grade 5. Step B will be $0.50 higher than the Step A rate for RSC M4 for the respective wage in Grade 4 and Grade 5. The step waiting period to reach Step B will be 6 months (26 weeks). RSC M4 Step B will remain $0.50 higher than Step A in perpetuity; there will be no separate calculation for increases applied to this wage rate. Upon initial implementation, any MHA in RSC M4 with 6 months (26 weeks) or more of relative standing will move to Step B.
Adjustments to these hourly rates shall be in accordance with Article 9.7. Should it be necessary for recruitment or retention of MHAs, the Postal Service may pay higher hourly rates, with the concurrence of the Union. g. When the Postal Service hires new mail handler full-time career employees, MHAs within the installation will be converted to full-time regular career status to fill such vacancies based on their relative standing in the installation, which is determined by their original MHA appointment date in that installation. Effective with the second full pay period after bargaining-unit ratification of the 2019 National Agreement and solely for the purposes of relative standing, all newly hired MHAs shall be deemed to have an initial MHA appointment date on a Saturday, at the start of the pay period during which they began work in the installation. A MHA who does not accept the career opportunity will not lose his/her relative standing for future career opportunities. - Contract Provisions
Only the following articles and portions of articles of the National Agreement apply to MHAs as outlined below:
Article 1
Article 2
Article 3
Article 5
Article 7.1B
Article 8
Section 2. Work Schedules
- The employee’s service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.
- The employee’s service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins.
Section 3. Exceptions
* * * * * MHAs will be scheduled in accordance with Section 2, A and B of this Article.
Section 4. Overtime Work
* * * * *- Overtime Work for MHAs
MHAs shall be paid overtime for work performed in excess of eight (8)
hours on duty in any one service day or forty (40) work hours in any one
service week. Overtime pay for MHAs is to be paid at the rate of one and
one-half (1-1/2) times the basic hourly straight time rate.
When an opportunity exists for overtime for qualified and available full-
time employees, doing similar work in the work location where the em-
ployees regularly work, prior to utilizing a MHA in excess of eight (8)
work hours in a service day or forty (40) hours in a service week, such
qualified and available full-time employees on the appropriate Overtime
Desired List will be selected to perform such work in order of their senior-
ity on a rotating basis.
Section 7. Night Shift Differential
For time worked between the hours of 6:00 p.m. and 6:00 a.m., MHAs
shall be paid additional compensation at the applicable flat dollar amount
at each pay grade and step in accordance with the attached Table Four.
143
HOURS OF WORK
Section 2. Work Schedules
- The employee’s service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.
- The employee’s service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins. Section 3. Exceptions
- * * * *
- * * * *
- * * * *
- * * * *
- * * * *
- As of January 2025, the Postal Service Health Benefits Program
- All Mail Handler Assistants (MHAs) in 200 Man Year offices with a relative standing date prior to 2.5 years from the ratification date of the 2022 National Agreement shall be converted to career status.
- The conversion to career status will occur as soon as administratively practicable, but no later than sixty (60) days from the ratification date of the 2022 National Agreement
- MHAs converted to career status under this memorandum will not be required to serve a probationary period provided they have successfully completed one 360-day term as a Mail Handler Assistant.
- Normally, work in different crafts, occupational groups or levels will not be combined into one job. However, to provide maximum full-time employment and provide necessary flexibility, management may establish full-time schedule assignments by including work within different crafts or occupational groups after the following sequential actions have been taken:
- All available work within each separate craft by tour has been combined.
- Work of different crafts in the same wage level by tour has been combined.
- The appropriate representatives of the affected Unions will be informed in advance of the reasons for establishing the combination full-time assignments within different crafts in accordance with this Article.
- 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.
- During exceptionally heavy workload periods for one occupational 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.
- Overtime pay is to be paid at the rate of one and one-half (1 1/2) times the basic hourly straight time rate.
- 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 construed 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.
- 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 premium rates and only the higher of the employee's applicable rates shall apply.
- The parties to this Agreement recognize that sustained and excessive levels of overtime, particularly where it is being worked by non-volunteers, are not ultimately beneficial to the Postal Service or the employees. The subject of sustained and excessive overtime, where it is being worked by non-volunteers, is a proper topic for discussion at Local and Regional/Area Labor Management Committee meetings. The parties will meet to discuss particular problem areas and to identify appropriate avenues of resolution. In addition, any disputes on this subject may be processed through the Grievance-Arbitration procedure in accordance with Article 15.
- Overtime Work for MHAs
MHAs shall be paid overtime for work performed in excess of eight (8) hours on duty in any one service day or forty (40) work hours in any one service week. Overtime pay for MHAs is to be paid at the rate of one and one-half (1-1/2) times the basic hourly straight time rate.
When an opportunity exists for overtime for qualified and available full-time employees, doing similar work in the work location where the employees regularly work, prior to utilizing an MHA in excess of eight (8) work hours in a service day or forty (40) hours in a service week, such qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their seniority on a rotating basis. - Two weeks (i.e., 14 calendar days) prior to the start of each calendar quarter, full-time regular employees desiring to work overtime during that quarter shall place their names on an "Overtime Desired" list. Every full-time regular employee shall have the opportunity to put his/her name on the "Overtime Desired" list, even though he/she may be on leave during the signing up period for that quarter.
Newly converted full-time employees, and employees converted, transferred, or reassigned into an installation or into the Mail Handler craft within the installation, or a mail handler who bids or is reassigned during a calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour may place their names on the "Overtime Desired" list within the two weeks (i.e., 14 calendar days) following the date upon which they are converted, transferred, or reassigned to full-time (whether or not the mail handler was on the OTDL for the losing facility, section, or tour). Said placement on the list shall be effective on the next calendar day.
Employees on the “Overtime Desired” list from the previous quarter shall have their names automatically placed on the list for the next quarter, and their names shall remain on the list unless they provide the Employer with written notice of their desire to remove their names from the list.
- Lists will be established by section and/or tour in accordance with Article 30, Local Implementation.
- When during the quarter the need for overtime arises, full-time regular employees with the necessary skills having listed their names will be selected in order of their seniority on a rotating basis. Those absent, or on leave shall be passed over. In addition, employees whose guarantee exceeds the overtime requirement shall be passed over (e.g., an employee on a nonscheduled day would not be called in to perform 2 hours of overtime work); unless such guarantee is modified by the provisions of Section 8.8 concerning early release. Full-time regular employees on the "Overtime Desired" list may be required to work up to twelve (12) hours in a day. In addition, at the discretion of the Employer, "Overtime Desired" list employees may volunteer to work beyond twelve (12) hours in a day.
- If the voluntary "Overtime Desired" list does not provide sufficient available and qualified people, the Employer shall assign other employees to the extent needed. When assigning such employees, the Employer shall first utilize qualified and available full-time employees, in order of seniority, who have volunteered to work the required overtime after their scheduled tour for that day only or who have volunteered to work their nonscheduled day(s). Employees shall volunteer for overtime assignments after their scheduled tour for that day only by signing their name and indicating their seniority date, within the first two (2) hours of their scheduled tour of duty, on a daily "Full-Time Volunteer" list maintained in each work section on the workroom floor. The daily "Full-Time Volunteer" list shall be applied in a manner consistent with the application of the "Over-time Desired" list within the installation. Employees shall volunteer for overtime assignments on their nonscheduled days by signing their name and indicating their nonscheduled days and their seniority date on a Full-Time Volunteer list that is posted in each work section at the beginning of the service week (i.e., on Saturday) and must be signed by Tuesday of the service week prior to that being volunteered for. Such full-time employee volunteers shall work the required overtime, as directed by management. The Employer shall have the discretion to limit these volunteer employees from working beyond ten (10) hours in a day. There shall not be any penalty for errors by the Employer in applying either of these "Full-Time Volunteer" lists.
If additional employees are still needed after application of the above, the Employer shall assign other employees as needed.
To the extent practicable, an effort will be made to schedule available (on duty at the time that the selection of employees for overtime is made) and qualified Mail Handler Assistants and/or part-time flexible employees for such work prior to requiring full-time employees not on the "Overtime Desired" list or "Full-Time Volunteer" lists to work such overtime. If qualified full-time employees not on the "Overtime Desired" list or either of the volunteer lists are required to work overtime, it shall be on a rotating basis with the first opportunity assigned to the junior employee. - Exceptions to .5C and .5D above if requested by the employee may be approved by local management in exceptional cases based on equity (e.g., anniversaries, birthdays, illness, deaths).
- Excluding December, only in an emergency situation will a full-time regular employee not on the "Overtime Desired" list be required to work over ten (10) hours in a day or over six (6) days in a week.
- 1.0% increase effective (PP12-2023) May 20, 2023
- 1.5% increase effective (PP12-2024) May 18, 2024
- 2.0% increase effective (PP12-2025) May 17, 2025
- 2.0% increase effective (PP12-2023) May 20, 2023
- 2.0% increase effective (PP12-2024) May 18, 2024
- 2.0% increase effective (PP12-2025) May 17, 2025
- Table One – Career Appointments Before February 15, 2013
The step progression for the Mail Handler Salary Schedule on Table One shall be as follows:
Table One Grades 4, 5 From Step To Step Waiting Period
(in weeks)AA A 88 A B 88 B C 88 C D 44 D E 44 E F 44 F G 44 G H 44 H I 44 I J 44 J K 34 K L 34 L M 26 M N 26 N O 24 O P 24 Grades 6 From Step To Step Waiting Period
(in weeks)AA A 96 A B 96 B C 44 C D 44 D E 44 E F 44 F G 44 G H 44 H I 44 I J 44 J K 34 K L 34 L M 26 M N 26 N O 24 O P 24 - Table Two – Career Appointments On or After the Effective Date of the Award, February 15, 2013 Effective no later than the first full pay period 180 days after ratification, the step waiting periods in the RSC M7 wage scale will be reduced from 52 weeks to 48 weeks between all steps. As of the implementation date, any employee who has at least 48 weeks in time in step credit will advance to the next step and will have their time in step credit reset. All other employees remain in the same step, retaining time in step credit. Upon implementation of the above, the step progression for the Mail Handler Salary Schedule on Table Two shall be as follows
Table Two - Grades 4, 5 From Step To Step Waiting Period
(in weeks)AA A 48 A B 48 B C 48 C D 48 D E 48 E F 48 F G 48 G H 48 H I 48 I J 48 J K 48 K L 48 L M 48 M N 48 N O 48 O P 48 - The Employer shall continue the current salary rate protection program for the duration of this Agreement.
- Employees who qualify for "saved grade" will receive "saved grade" for an indefinite period of time subject to the conditions contained in Article 4.4.
- Uniform waiting periods by grade resulting in a shorter cumulative period to reach the top of a grade as compared to the current salary schedule.
- Uniform step increase amounts by grade.
- 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, other than MHAs, shall remain in effect for the life of this Agreement.
- Career employees will be given preference over noncareer employees when scheduling annual leave. This preference will take into consideration that scheduling is done on a tour-by-tour basis and that employee skills are a determining factor in this decision.
- Article 30 of the National Agreement and Local Memoranda of Understanding provisions do not apply to MHAs, except as specifically referenced in the 2022 National Agreement and as follows: During the local implementation period, if properly raised in accordance with Article 30, the parties will discuss whether to include provisions in the local memoranda of understanding to permit MHAs to apply for annual leave during choice vacation periods, as defined in Article 10 of the National Agreement. Granting leave under such provisions must be contingent upon the MHA having a leave balance of at least forty (40) hours.
- Son or Daughter — a biological or adopted child, stepchild, daughter-in-law or son-in-law;
- Spouse;
- Parent — mother, father, mother-in-law, or father-in-law;
- Sibling — brother, sister, brother-in-law, or sister-in-law; or
- Grandchild; or
- Grandparent.
- Regular work force employees covered by this agreement may carry over 440 hours of accumulated annual leave beginning with leave carried over from leave year 1991 to leave year 1992.
- Employees who fall under the provisions of Public Law 83-102 and who have maintained a carryover of more than 440 hours cannot increase their present ceiling.
- The parties agree that ELM 512.73d shall be changed to reflect that an employee covered by the NPMHU National Agreement is not paid for annual leave in excess of 55 days. In all other respects, the ELM provisions for payment of accumulated leave are not changed because of this Memorandum.
- 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.
- Care shall be exercised to assure that no employee is required to forfeit any part of such employee's annual leave.
- The parties agree that the duration of the choice vacation period(s) in all postal installations shall be determined pursuant to local implementation procedures.
- Annual leave shall be granted as follows:
- 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.
- 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.
- The subject of whether an employee may at the employee's option request two (2) selections during the choice period(s), in units of either 5 or 10 working days, the total not to exceed the ten (10) or fifteen (15) days above, may be determined pursuant to local implementation procedures.
- The remainder of the employee's annual leave may be granted at other times during the year, as requested by the employee.
- The vacation period shall start on the first day of the employee's basic work week. Exceptions may be granted by agreement among the employee, the Union representative and the Employer.
- An employee who is called for jury duty during the employee's scheduled choice vacation period or who attends a National, State, or Regional Convention (Assembly) during the choice vacation period is eligible for another available period provided this does not deprive any other employee of first choice for scheduled vacation.
- The Employer shall, no later than November 1, 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.
- he installation head shall meet with the representative of the Union to review local service needs as soon after January 1 as practical. The installation head shall then:
- Determine the amount of annual leave accrued to each employee's credit including that for the current year and the amount expected to be taken in the current year.
- Determine a final date for submission of applications for vacation period(s) of the employee's choice during the choice vacation period(s).
- A procedure in each office for submission of applications for annual leave for periods other than the choice period may be established pursuant to the implementation procedure above.
- All advance commitments for granting annual leave must be honored except in serious emergency situations.
- If, at the end of the local implementation period provided for in this Agreement, the local parties have not reached agreement on the length of the choice vacation period, the choice vacation period will be 23 consecutive weeks commencing on the last Saturday in April unless the local parties agree to another starting date. The 23 weeks shall include military leave and union leave for conventions and conferences. The method of selecting vacations shall be determined locally.
- The vacation sign up list, after the initial sign up period, shall be maintained at a location accessible to employees.
- After the initial sign up period is completed and vacant weeks still exist on the vacation sign up list, requests for any of these vacant weeks shall be handled as follows:
- The installation head will honor all requests for vacant weeks which are submitted no less than seven (7) days in advance of the leave period.
- The installation head will make every effort to grant requests for vacant weeks submitted less than seven (7) days in advance of the leave period.
- The installation head's policy in handling requests for emergency leave shall be made known to all employees and the Union. The installation head will consider each such request on the merits of the individual situation. The installation head shall post on the bulletin board the appropriate phone number to call by tour when an emergency arises.
- Credit employees with sick leave as earned.
- Charge to annual leave or leave without pay (at employee's option) approved absence for which employee has insufficient sick leave
- Employees becoming ill while on annual leave may have leave charged to sick leave upon request.
- Unit Charges for Sick Leave and Annual Leave shall be in minimum units of one hundredth of an hour (.01).
- For periods of absence of three (3) days or less, a supervisor may accept an employee's certification as reason for an absence.
- 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 obligated to approve such leave for the last hour of the employee's scheduled workday prior to and/or the first hour of the employee's scheduled workday after a holiday.
- An employee shall receive holiday pay at the employee's base hourly straight time rate for a number of hours equal to the employee's regular daily working schedule, not to exceed eight (8) hours. In addition, as provided for in Section 4 below, employees who work their holiday may, at their option, elect to have their annual leave balance credited with up to eight (8) hours of annual leave in lieu of holiday leave pay.
- Holiday pay is in lieu of other paid leave to which an employee might otherwise be entitled on the employee's holiday.
- The number of hours of holiday leave pay for MHAs will be
based on the following:
- 200 Work Year offices – 8 hours
- POSTPlan offices – 4 hours
- All other offices – 6 hours
- 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, employees who work their holiday may, at their option, elect to have their annual leave balance credited with up to eight (8) hours of annual leave or receive holiday pay to which the employee is entitled as above described at Section 3A.
- An employee required to work on Christmas shall be paid one and one-half (1½) times the base hourly straight time rate for each hour worked. In addition, employees who work their holiday may, at their option, elect to have their annual leave balance credited with up to eight (8) hours of annual leave or receive holiday pay to which the employee is entitled as above described at Section 3A.
- Deferred holiday leave credited as annual leave, in accordance with Section 4.A or 4.B above, will be subject to all applicable rules for requesting and scheduling annual leave and shall be combined with annual leave and counted as annual leave for purposes of annual leave carryover.
- 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.
- 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.
- The Employer will determine the number and categories of employees needed for holiday work and a schedule shall be posted as of twelve noon (i.e., 12:00 p.m.) on the Tuesday preceding the service week in which the holiday falls. As many full-time employees and part-time regular schedule employees as can be spared will be excused from duty on a holiday or day designated as their holiday.
- Employees shall be selected to work on a holiday within each category in the following order:
- All available and qualified part-time flexible employees, even if overtime is required.
- Full-time employees and part-time regular employees, in order of seniority who have volunteered to work on the holiday or the day designated as their holiday when such day is part of their regular work schedule. These employees would be paid at the applicable straight time rate.
- MHAs, as specified below in Subsection D.
- Full-time employees and part-time regular employees, in order of seniority, who have volunteered to work on a holiday or day designated as a holiday whose schedule does not include that day as a scheduled workday. Full-time employees would be paid at the applicable overtime rate.
- Full-time employees and part-time regular employees in inverse order of seniority who have not volunteered to work on the holiday or day designated as a holiday when such day is part of their regular work schedule. These employees would be paid at the applicable straight time rate.
- Full-time employees and part-time regular employees in inverse order of seniority who have not volunteered to work on the holiday or day designated as a holiday and would be working on what otherwise would be their non-scheduled workday. Full-time employees would be paid at the applicable overtime rate.
- 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.
- Mail Handler Assistant Employees
MHAs will be scheduled for work on a holiday or designated holiday after all full-time or part-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 non-scheduled 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. - The Employer shall post a holiday schedule as set forth in Article 11, Section 6, of this Agreement.
- A full-time employee whose holiday schedule is properly posted in accordance with Article 11, Section 6, and who works within the posted schedule shall be paid in accordance with Article 11, Sections 2, 3, and 4. It is further agreed that any change in an employee's required duties does not constitute a change in the posted schedule for purposes of this memorandum of understanding.
-
- Except as provided in subparagraphs (b) and (c) of this paragraph, when the Employer fails to post in accordance with Article 11, Section 6, a full-time employee required to work on his/her holiday, or who volunteers to work on such holiday, shall be paid in accordance with Article 11, Sections 2, 3, and 4, and shall receive an additional fifty percent (50%) of the employee's base hourly straight-time rate for each hour worked up to eight hours.
- In the event that, subsequent to the Article 11, Section 6, posting period, an emergency situation attributable to an "Act(s) of God" arises which requires the use of manpower on that holiday in excess of that posted pursuant to the Article 11, Section 6, full-time employees required to work in this circumstance(s) shall only be paid for such holiday work in accordance with Article 11, Sections 2, 3, and 4.
- When a full-time employee scheduled to work on a holiday in accordance with the provisions of Article 11, Section 6, is unable to or fails to work on the holiday, the Employer may require another full-time employee to work such schedule and such replacement employee shall only be paid for such holiday work in accordance with Article 11, Sections 2, 3, and 4. The selection of such replacement employees shall be made in accordance with the terms of this Agreement.
- A full-time employee required to work on a holiday which falls on the employee's regularly scheduled non-work day shall be paid at the normal overtime rate of one and one-half (1½) times the base hourly straight-time rate for work performed on such day. Such employee's entitlement to the holiday pay for the designated holiday shall be governed by the provisions of Article 11, Sections 2, 3, 5, and 6.
- Hours worked on a holiday in excess of 8 hours shall be paid at the normal overtime rate of one and one-half (1½) times the base hourly straight time rate.
- When a full-time employee works on his/her holiday, the employee will be guaranteed eight (8) hours of work or pay in lieu thereof, in addition to the holiday pay to which the employee is entitled under Article 11, Sections 2 and 3 language. This guarantee will be waived if the employee, with the concurrence of the Union and approval of Management, requests to be released early.
- A schedule posted in accordance with Article 11, Section 6, shall be the full-time employee's schedule for that holiday. A full-time employee who works outside of the posted holiday schedule shall be paid at the rate of one and one-half (1½) times the base hourly straight-time rate for the hour(s) worked outside the employee's posted schedule.
- In no event shall a full-time employee receive more than one and one-half (1½) times the base hourly straight-time rate for hours actually worked on the employee's holiday in addition to payments prescribed in Article 11, Section 3.
- 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.
- The parties recognize that the failure of the Employer to discover 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.
- 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.
- When an employee who is separated from the Postal Service for any reason is re-hired, the employee shall serve a new probationary period. If the separation was due to disability, the employee's seniority shall be established in accordance with Section 12.2, if applicable.
- MHAs who successfully complete at least one 360-day term will not serve a probationary period when hired for a career appointment, provided such career appointment directly follows and MHA appointment.
- Introduction
- The United States Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to the following seniority principles which replace all former rules, instructions, and practices.
- This Article will continue relative seniority standing properly established under past principles, rules and instructions and this Article shall be so applied. If an employee requests a correction of seniority standing, it is the responsibility of the requesting employee to identify and restate the specific instructions, rule, or practice in support of the request.
- Coverage
These rules apply to full-time and part-time fixed schedule employees. No employee, solely by reason of this Section shall be displaced from an assignment which the employee gained in accord with former rules. - Responsibility
The installation head is responsible for the day-to-day administration of seniority. Installation heads will post a seniority list of Mail Handlers on all official bulletin boards for that installation and provide an electronic or hard copy to the Union representative in that installation. The seniority list shall be corrected and brought up to date quarterly. - Definitions
- Craft Group
A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level. - Seniority Standing
- Seniority for full-time employees is computed from the date of appointment in the craft and continues to accrue so long as service in the craft (regardless of level) and installation is uninterrupted, except as otherwise provided herein.
- Seniority for part-time fixed schedule employees is computed from the date of appointment in the category of the work force and continues to accrue so long as service in the craft and category and installation is uninterrupted.
- Duty Assignment
A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty. - Preferred Duty Assignments
A preferred duty assignment is any assignment preferred by a full-time employee or a part-time fixed schedule employee within the employee's category. - Bid
A request submitted in writing, by telephone, or by computer to be assigned to a duty assignment by an employee eligible to bid on a vacancy or newly established duty assignment or a preferred assignment. Where telephone, computer, or other electronic bidding procedures are established, bids must be submitted by telephone, computer or other electronic methods as agreed to by the parties.
[See Memo, page 172 - 173] - There will be a one hundred and twenty (120) day transition period following the implementation of telephone bidding at an installation, during which employees may submit bids either by telephone or in writing. The one hundred and twenty (120) days will run from the first day on which telephone bidding is implemented at an installation.
- There will be a toll-free telephone number available from any telephone, as well as TDD.
- Telephone bidding shall be available during the following days and hours (including holidays): Monday through Friday, 6:00 a.m. to Midnight (Central Time), and Saturday, 6:00 a.m. to 6:00 p.m. (Central Time).
- All bids shall close at midnight (Central Time) on a weekday on which the telephone bidding system is available until midnight.
- Employees can enter, withdraw and/or review the status of their bids.
- Employees will need their Employee Identification Number (EIN) and Personal Identification Number (PIN) to access the telephone bidding system.
- When an employee has reached his/her successful bid limit, as set forth in Article 12.3A of the National Agreement, the system will still allow bids to be entered, but the bid will be flagged by the system as "ineligible". A system message will notify the employee to contact management. The personnel office will routinely review job bidding reports prior to awarding the bid to investigate ineligible bids, and to determine if there are situations as provided for in Article 12.3A for which the employee's bid count must be manually adjusted to make the bid(s) eligible. It is the responsibility of the employee to notify management if a bid flagged as ineligible is proper under Article 12.3A3 because the employee is bidding on an assignment that is "closer to the employee's place of residence." It is the responsibility of management to identify and rectify all other situations in which eligible bids are erroneously flagged by the system as ineligible.
- Application
A written request by a full-time employee or part-time fixed schedule employee within the employee's respective category for consideration for an assignment for which the employee is not entitled to submit a bid. - Abolishment
A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation. - Reversion
A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant. - Residual Vacancy
A duty assignment that remains vacant after the completion of the voluntary bidding process.
MOU Employee Bidding[edit]
The following conditions have been agreed to in the implementation of the telephone bidding system:
MOU re: Article 12.1 - Probationary Period - Bidding[edit]
The parties agree to the following regarding bidding during a ninety (90) calendar day probationary period:
Full-time career mail handlers who are serving a probationary period pursuant to Article 12.1 of the National Agreement and applicable memoranda of understanding are eligible to bid for vacant duty assignments in accordance with Article 12.3 of the National Agreement.
Seniority for full-time career mail handlers during their probationary period will be computed for the purpose of bidding pursuant to this Agreement. This computation of such seniority does not create any additional obligation or entitlement for application of seniority not otherwise provided for in the National Agreement. - Craft Group
- Relative Standing of Part-Time Flexibles and Mail Handler Assistants
Part-time flexible employees and MHAs are placed on a part-time flexible or MHA roster, as appropriate, in the order of the date of their initial appointment in the installation. When changing such employees to full-time, they shall be taken in the order of their standing on the part-time flexible or the MHA roster.
These employees do not have seniority rights; however, their relative length of service shall be used for vacation scheduling and for purposes of conversion to full-time status.
When there is an opportunity for conversion to full-time status in an installation and that installation has both part-time flexible and MHA employees available for conversion, the PTFs will be converted to full-time regular prior to the conversion of the MHAs. - Changes in Which Seniority is Lost
Except as specifically provided elsewhere in this Agreement an employee begins a new period of seniority:- When the change is at the employee's request:
- From one postal installation to another, the employee will begin a new period of seniority as a part-time flexible or, in an installation with 200 or more man years, as a full time regular..
- From another craft to the Mail Handler craft, the employee will begin a new period of seniority as a part-time flexible or, if an installation with 200 or more man years, as a full time regular.
- Upon reinstatement or reemployment.
- Upon transfer into the Postal Service.
- When the change is at the employee's request:
- Changes in Which Seniority is Retained, Regained or Restored
- Reemployment After Disability Separation. On reinstatement or reemployment after separation caused by disability, retirement or resignation because of personal illness and the employee so stated in the employee's resignation and furnished satisfactory evidence for inclusion in the employee's personnel folder, the employee receives seniority credit for past service for time on the disability retirement or for illness if reinstated or reemployed in the same postal installation and craft and in the same or lower salary level, from which originally separated; provided application for reinstatement or reemployment is made within six months from the date of recovery. The date of recovery in the case of disability retirement must be supported by notice of recovery from the Compensation Group, Office of Personnel Management, and in the case of resignation due to illness, by a statement from the applicant's attending physician or practitioner. When reinstatement is to the part-time flexible roster, standing on the roster shall be the same as if employment had not been interrupted by the separation.
- Restoration. On restoration in the same craft in the same installation after return from military service, transfer under letter of authority or unjust removal, employee shall regain the same seniority rights the employee would have if not separated.
- When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
- Reassignment and Return in 90 Days. Beginning on the effective date of the 2016 National Agreement, a Mail Handler who is voluntarily reassigned to another craft in the same installation with or without a change in grade level and who is subsequently voluntarily reassigned within 90 days back to the Mail Handler craft shall regain the seniority previously acquired as a Mail Handler which shall not include the period of intervening employment in the other craft.
- Failure to Meet Qualification Standards. When an employee is returned to the Mail Handler craft for not being able to meet the qualification standards for a job in the same installation, the employee shall regain former Mail Handler seniority which shall not include the period of intervening employment in the other craft.
- For purposes of excessing outside the installation, any Mail Handler involuntarily moving from one postal installation to another postal installation shall have seniority established as of the employee's time in the Mail Handler craft in the losing installation.
- An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:
- will begin a new period of seniority if the employee returns from a position outside the Postal Service; or
- will begin a new period of seniority if the employee returns from a nonbargaining unit position (i.e., a position outside of the bargaining units that were covered by the 1978 National Agreement) within the Postal Service, unless the employee returns within 2 years from the date the employee left the unit except as follows:
- An employee who left the craft and/or installation after the date of the issuance of the arbitration award determining the terms and conditions of the 1994 National Agreement, and returns to the craft and/or installation, will begin a new period of seniority unless the employee returns within 1 year from the date that the employee left the craft and/or installation.
- The seniority for an employee returning, within one year, under G7b1 above shall be established after reassignment as the seniority the employee had when he/she left minus seniority credit for service outside the craft and/or installation.
- Except as otherwise specifically provided for in this Agreement, effective the date of this Agreement, when it is necessary to resolve a tie in seniority between two or more Mail Handler craft employees, the following criteria shall apply in the order set forth below:
- Prior to March 25, 2023
- Total continuous postal career service in the Mail Handler craft within the installation.
- Total postal career service in the Mail Handler craft within the installation.
- Total postal career service in the Mail Handler craft.
- Total postal career service within the installation.
- Total postal career service.
- Total Federal service as shown in the service computation date.
- Numerical by the last 3 or more numbers (using enough numbers to break the tie but not fewer than 3 numbers) of the employee's social security number, from the lowest to highest.
- On or after March 25, 2023
- Total continuous postal career service in the Mail handler craft within the installation.
- Total postal career service in the Mail Handler craft within the installation.
- Total postal career service in the Mail Handler craft.
- Total postal service in the Mail Handler craft.
- Total postal career service within the installation.
- Total postal career service.
- Total Federal service as shown in the service computation date.
- Numerical by the last 3 or more numbers (using enough numbers to break the tie but not fewer than 3 numbers) of the employee’s Employee Identification Number (EIN), from the lowest to highest.
- Prior to March 25, 2023
- Effective January 1, 2007, any Mail Handler who voluntarily transfers from one postal installation to another postal installation, and is subsequently accepted for voluntary transfer back to the original postal installation within one (1) year, shall have seniority established as the seniority the employee had when she/he left the original installation minus credit for service for the time away from that installation.
- All positions presently in the Mail Handler craft, including higher level positions, shall be filled by the senior qualified bidder meeting the qualification standards for the position, except that those positions which are presently designated best qualified shall be filled by the best qualified applicant.
- Key and Standard Positions Assigned to the Mail Handler Craft
- Key Position
- Mail Handler, MH 4, KP 8
- Standard Positions
- Group Leader Mail Handler, MH 5, SP1-33
- Label Printing Technician, MH 5, SP2-578
- Label Machine Operator, MH 4, SP2-579
- *Laborer, Materials Handling, MH 3, SP1-11
- Mail Handler Equipment Operator, MH 5, SP2-21
- Mail Equipment Handler, MH 4, SP2-247
- Mail Handler Technician, MH 5, SP2-498
- Mail Processing Machine Operator, MH 5, SP2-354
- Mail Processing Machine Operator, MH 5, SP2-470
- Packer-Shipper, MH 4, SP2-581
- *When the "Laborer, Materials Handling" position is authorized for the post office branch, it is delegated to the Mail Handler Craft. When authorized for the Maintenance Branch it is assigned to the Maintenance Craft.
- Sack Sorting Machine Operator, MH 4, SP2-367
- Sack Sorting Machine Operator, MH 5, SP2-438
- Typist-Label Printing, MH 4, SP2-580
- Computer Print Line Production Operator, MH 5, SP2-632
- Mail Rewrapper, MH 4, SP2-9
- Key Position
- Individual Positions Assigned to the Mail Handler Craft:
Group Leader Mail Handlers, MH 6, IP248-7, 2315-02, Group Leader Sack Sorter Machine Operator, MH 6, IP25- 11-1, 2315-28, Mail Handler Leadman, MH 5, IP32-12-1, 2315-80. - All Mail Handler employees of Level MH-5 may bid for the position of Examination Specialist, SP2-188.
[See Letter, page 173] LOI Sack Sorter Machine Operator[edit]
The parties hereby agree effective July 21, 1987, all future postings of the position, Sack Sorting Machine Operator, salary level MH-5, standard position 2-438, shall be filled by the senior qualified bidder meeting the qualification standard for the position.
- Key and Standard Positions Assigned to the Mail Handler Craft
- Filling Positions Reevaluated as One of the Positions Reserved for Bidding by MH 4's, MH 5's and MH 6's.
- When an occupied level 4 or 5 position is upgraded on the basis of the present duties:
- The incumbent will remain in the upgraded job provided the incumbent has been in that job for more than one year .
- The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job for more than one year.
- When an occupied level 4 or 5 position is upgraded on the basis of duties which are added to the position:
- The incumbent will remain in the upgraded job provided the incumbent has been in that job for more than one year. The year of required incumbency in the job begins when the employee first begins working the assignment.
- The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job in accordance with .2I2a, above.
- When management places automatic equipment in an office and an employee is assigned to operate the equipment, the time the employee spends on this job before it is ranked established shall be counted as incumbency in the position for the purpose of being upgraded or assigned.
- When an occupied level 4 or 5 position is upgraded on the basis of the present duties:
MOU Mail Handler Assistant (MHA) Separations and Re-Appointments[edit]
The parties recognize the Employer has historically provided qualified and available career employees with work at the straight time rate prior to assigning such work to non-career employees. MHAs, although non-career, have a career path. MHAs are separated for five days between appointments.
Separations of MHAs for lack of work before the end of their term shall be by inverse relative standing on the appropriate MHA roll and such separations are not grievable except where the separations are alleged to be pretextual. If an MHA is being considered for non-reappointment solely due to lack of work and one or more MHAs with lower relative standing are employed at the site, then the MHA with the lowest relative standing is to be separated and the MHA being considered for non-reappointment is to be reappointed.
MHAs separated for lack of work before the end of their term will be given reappointment ahead of other MHAs with less relative standing on the MHA roll provided the need for hiring arises within (1) year of the separation. MHAs who meet these conditions, will be offered the opportunity for appointment in inverse order of their separation.MOU re: MHA Automatic Conversion to Career[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union agree that Mail Handler Assistants (MHAs) in 200 work year offices who reach 24 months of relative standing will be converted automatically to full time career and be subject to the step placement and corresponding progression as outlined below. Any MHA automatically converted to career status under this MOU will not be required to serve a probationary period.
A new entry step will be established for MHAs automatically converting after 24 months of relative standing in Grades 4 and 5. The new entry step waiting period will be determined per grade using step waiting periods as established in Article 9.2B of the 2022 National Agreement. The new entry step for MHAs automatically converting after 24 months of relative standing will be set as follows: at Grade 4, $40,417 (Annual), $19.43 (Hourly); at Grade 5, $42,022 (Annual), $20.20 (Hourly). Any contractual wage increase received by career employees up until the implementation of this new step (Under Article 9.1 and 9.3) will apply to these rates for each respective grade. The new entry step will not apply to Full Time Regular (FTR), Part Time Regular (PTR), or Part Time Flexible (PTF) employees in Grades 4 and 5, and will not be added to the FTR pay schedule. However, after the appropriate step waiting period in the new entry step (see Article 9.2B) of 48 weeks, automatically converted MHAs will progress into the Article 9.2B pay schedule.
The new entry step will receive COLAs calculated using the current formula in 9.3C, adjusted proportionally to 57.50%. In 200 work year offices, automatically converted MHAs will convert to Full Time Flexible (FTF). The new FTF employee category is deemed to be part of the regular work force in the full time category as set forth in Articles 6.1A2 and Article 7.1A, and will only be used for MHAs who auto convert. FTF employees will have flexible reporting times, flexible non-scheduled days, and flexible reporting locations within the installation depending on operational requirements as established on the Wednesday preceding the service week. The work schedules for FTFs will consist of five workdays per week, eight hours per day with two consecutive rest days.
The slotting provisions for 24 month automatic MHA conversions do not apply to MHA conversions occurring before the MHA reaches 24 months of relative standing. Any conversions occurring before reaching 24 months of relative standing will be done consistent with relevant contractual provisions, including the Filling of Residual Vacancies Memorandum of Understanding (MOU) and the Mail Handler Assistants MOU Section 1(a)(g) and Section 3(D).
MHAs who automatically convert to FTF after 24 months of relative standing and who later transition to FTR positions will be slotted into the FTR pay step commensurate with their number of weeks as a FTF and will retain time in step credit. For example, an MHA who reaches 24 months of relative standing and converts to FTF at the beginning of Pay Period 02 will slot into the new entry and will advance to Step AA at the beginning of Pay Period 26. If in Pay Period 11 of that same year, the FTF, before completing 48 weeks, successfully bids on a FTR duty assignment or is placed into a residual vacancy, the employee will slot into Step AA upon placement into the FTR duty assignment or residual vacancy and will retain time step credit. Under this scenario, the employee will advance to Step A in Pay Period 26.
Conversions to career and the above described associated step changes and employee classifications will be completed no later than the first full pay period six (6) months after NPMHU ratification of the 2022 National Agreement.MOU One-Time MHA Conversion[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL- CIO, agree to the following:
§ 7.2 Employment and Work Assignments[edit]
[See Memo, page 155] MOU Cross Craft[edit]
It is understood by the parties that in applying the provisions of Articles 7, 12 and 13 of this Agreement, cross craft assignments of employees, on both a temporary and permanent basis, shall continue as they were made among the six crafts under the 1978 National Agreement.
§ 7.3 Employee Complements[edit]
There will be no Part-Time Flexible (PTF) employees working in the mail handler craft in installations which have 200 or more man years of employment. The number of part-time regular mail handlers who may be employed in any period in a particular installation shall not exceed 6% of the total number of career employees in that installation covered by this Agreement.
In smaller installations with part-time flexible employees, the Employer shall maximize the number of full-time employees and minimize the number of part-time employees who have no fixed work schedules. A part-time flexible employee working eight (8) hours within ten (10), on the same five (5) days each week over a six-month period will demonstrate the need for converting the assignment to a full-time position.[See Memos, page 156] Article 8 Hours of Work[edit]
Section 8.1 Work Week[edit]
The work week for full-time employees shall be forty (40) hours per week, eight (8) hours per day within ten (10) consecutive hours, provided, however, that in all offices with more than 100 full-time employees in the bargaining units the normal work week for full-time 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 8.2 Work Schedules[edit]
A The employee's service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday. B The employee's service day is the calendar day on which the ma- jority of work is scheduled. Where the work schedule is distrib- uted evenly over two calendar days, the service day is the calen- dar 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 8.1 of this Article. As far as prac- ticable the five days shall be consecutive days within the service week. D In postal installations which have 200 or more work years of employment in the regular work force, career employees in mail processing shall have consecutive scheduled days off, unless otherwise agreed to by the parties at the local level. Article 8.2 17 number of career employees in that installation covered by this Agree- ment. In smaller installations with part-time flexible employees, the Employer shall maximize the number of full-time employees and minimize the num- ber of part-time employees who have no fixed work schedules. A part- time flexible employee working eight (8) hours within ten (10), on the same five (5) days each week over a six-month period will demonstrate the need for converting the assignment to a full-ti
§ 8.3 Exceptions[edit]
Section 8.2C above shall not apply to part-time employees or MHAs. 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.
All PTFs will be guaranteed a minimum of one (1) nonscheduled day each service week, except during the peak season exception period in their installation. Management will notify PTF employees of their nonscheduled day by the Wednesday preceding the service week.
MHAs will be scheduled in accordance with Section 2, A and B of this Article. All MHAs will be offered a minimum of one (1) nonscheduledday each service week, except during the peak season exception period in their installation. Management will notify MHAs of their assigned nonscheduled day by the Wednesday preceding the service week.§ 8.4 Overtime Work[edit]
§ 8.5 Overtime Assignments[edit]
When needed, overtime work shall be scheduled among qualified full-time employees doing similar work in the work location where the employees regularly work in accordance with the following:
[See Memos, pages 157-158] § 8.6 Sunday Premium Payment[edit]
Each employee whose regular work schedule includes a period of service, any part of which is within the period commencing at midnight 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 during that period of service. An employee's regularly scheduled reporting time shall not be changed on Saturday or Sunday solely to avoid the Sunday premium payment.
§ 8.7 Night Shift Differential[edit]
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 accordance with Tables Three and Four.
[See Memo, page 159] MOU Night Shift Differential[edit]
The flat dollar amount at Steps A through P at each pay grade for night shift differential in Tables Three and Four shall be increased by the following amounts:
The flat dollar amount at Step A for Table Three and Steps BB and AA for Table Four at each pay grade for night shift differential in Tables Three and Four shall be increased by the following amounts:
All increases will be applied to the most recent night shift differential table preceding the increase.
§ 8.8 Guarantees[edit]
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 of work is available. Such guaranteed minimum shall not apply to an employee called in who continues working on into the employee's regularly scheduled shift. When a full-time employee is called in on the employee's non scheduled day, the employee will be guaranteed eight hours work or pay in lieu thereof. This guarantee will be waived if the employee, with the concurrence of the Union and approval of Management, requests to be released early. 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 man years of employment per year. All employees at other post offices and facilities will be guaranteed two (2) hours work or pay when requested or scheduled to work.
Any MHA who is scheduled to work and who reports to work in an installation with 200 or more man years of employment shall be guaranteed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours work or pay.§ 8.9 Wash Up Time[edit]
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 subject to the grievance procedure.
(The preceding Sections, Articles 8.2, 8.3, 8.4, 8.5, 8.7, 8.8, and 8.9, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees or in this Article.)Article 9 Salaries and Wages[edit]
§ 9.1 Basic Annual Salary[edit]
Employees with career appointments before February 15, 2013 shall be paid and earn step increases according to the rates and waiting periods described in Section 9.2A and outlined in Table One.
Employees with career appointments on or after February 15, 2013 shall be paid and earn step increases according to the rates and waiting periods described in Section 9.2B and outlined in Table Two.
The basic annual salary schedule, with proportional application to hourly rate employees, for all grades and steps for those employees covered under the terms and conditions of this Agreement shall be increased as follows:
Effective November 19, 2022 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.3% of the basic annual salary for the grade and step in effect on September 20, 2022.
Effective November 18, 2023 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.3% of the basic annual salary for the grade and step in effect on September 20, 2022.
Effective November 16, 2024 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.3% of the basic annual salary for the grade and step in effect on September 20, 2022.
In addition to the above increases, RSC M7, Step BB will receive an increase resulting in the following rates effective November 19, 2022: Grade 4: $40,942 (Annual), $19.68 (Hourly) and Grade 5: $42,568 (Annual), $20.47 (Hourly).
In addition to the above increases, effective November 19, 2022, RSC M7, Step AA and Step A will be increased by 1% of the salary in place on September 20, 2022.
Effective no later than the first full pay period 180 days after ratification, Step BB will be eliminated from the RSC M7 wage scale for designated activity codes: 120, 320 and 420. Step AA will become the new entry step. Employees in Step BB will advance to Step AA and will have their time in step waiting period reset to zero.§ 9.2 Step Progression[edit]
§ 9.3 Cost of Living Adjustment[edit]
A Definitions 1. "Consumer Price Index" refers to the "National Consumer Price Index for Urban Wage Earners and Clerical Work- ers," 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 2022 and is referred to herein as the "Base Index." B Effective Dates of Adjustment Each eligible employee covered by this Agreement shall receive cost-of-living adjustments, upward, in accordance with the for- mula in 4.C, below, effective on the following dates: - the second full pay period after the release of the January 2023 Index - the second full pay period after the release of the July 2023 In- dex - the second full pay period after the release of the January 2024 Index - the second full pay period after the release of the July 2024 In- dex - the se - the second full pay period after the release of the July 2025 In- dex C The basic salary schedule provided for in Table One and Step P of Table Two of 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 January 2023 to July 2023 is 1.2 points, pay scales for employees in Table One and Step P of Table Two of 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 de- crease in the pay scales provided for in this Agreement. Steps BB through O in the basic salary schedules provided for in Ta- ble Two of this Agreement shall receive COLAs calculated us- ing the formula in this paragraph, adjusted proportionally as re- flected in Table Two. D In the event the appropriate Index is not published on or before the beginning of the effective payroll period, any adjustment re- quired will be made effective at the beginning of the second payroll 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 4.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 9.3C will be recalculated to provide the same cost-of-living ad- justment that would have been granted under the formula using the CPI-W (1967=100).
§ 9.4 Application of Salary Rates[edit]
Except as provided in this Article, the Employer shall continue the current application of salary rates for the duration of this Agreement.
§ 9.5 Granting Step Increases[edit]
Except as provided in this Article, the Employer will continue the program on granting step increases for the duration of this Agreement.
§ 9.6 Protected Salary Rates[edit]
[See Memo, page 160] MOU Promotion Pay Anomaly[edit]
In recognition of the need to correct the promotion pay anomaly contained in the current salary schedule, the Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to meet and to continue their discussions with respect to this matter with the ultimate goal of correcting the promotion pay anomaly by creating a new salary schedule and related administrative rules as soon as practicable.
The new salary schedule will contain the following features:In recognition of the administrative burdens in processing employee pay changes (promotions, higher level pay, repromotions, change to lower level, etc.) to the extent practical, the parties agree that the Postal Service will implement new and simplified administrative rules to be set forth in the Employee and Labor Relations Manual as soon as practicable.
§ 9.7 Mail Handler Assistant Employees[edit]
In addition to the general increases provided in Section 9.1 above, MHAs will receive an increase of 1.0% annually, for a total of 2.3% effective November 19, 2022, 2.3% effective November 18, 2023, and 2.3% effec- tive November 16, 2024. All percentage increases are applied to the wage rates in effect on Sep- tember 20, 2022. In addition, the current MHA rate for Grade 4 and Grade 5 will be increased by $0.50 effective (PP25-2022) November 19, 2022. Also, effective no later than the first full pay period 180 days after ratifica- tion, a new step, Step B, will be added to the MHA wage scale for Grade 4 and Grade 5. Step B will be $0.50 higher than the Step A rate for RSC M4 for the respective wage in Grade 4 and Grade 5. The step waiting period to reach Step B will be 6 months (26 weeks). RSC M4 Step B will remain $0.50 higher than Step A in perpetuity; there will be no separate calculation for increases applied to this wage rate. Up- on initial implementation, any MHA in RSC M4 with 6 months (26 weeks) or more of relative standing will move to Step B.
[See Memo, page 144] MOU re: Salaries and Wages, Mail Handler Assistant Employees[edit]
Article 9 Section 7. Mail Handler Assistant Employees
In addition to the general increases provided in Article 9.1, MHAs will receive an increase of 1.0% annually, for a total of 2.3% effective November 19, 2022, 2.3% effective November 18, 2023, and 2.3% effective November 16, 2024.
All percentage increases are applied to the wage rates in effect on September 20, 2022.
In addition, the current MHA rate for Grade 4 and Grade 5 will be increased by $0.50 effective (PP25-2022) November 19, 2022.NA2022 Page 144 Memo on MHA wage increases
Wage Tables[edit]
Source Documents[edit]
Tables 1-4 from 2022 National Agreement PDF
Schedule One[edit]
Table One Table One
Mail Handlers [RSC M] Schedule
Full-Time Annual Basic Rates
Effective August 27, 2022 [PP 19-2022]
RSC M [NPMHU]M
GRADEAA A B C D E F G H I J K L M N O P 4 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 66,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 5 49,008 53,893 60,451 63,431 66,314 66,687 67,065 67,428 67,805 68,182 68,552 68,923 69,292 69,669 70,045 70,410 70,784 6 55,729 62,731 64,272 67,222 67,624 68,033 68,435 68,841 69,249 69,649 70,055 70,463 70,867 71,270 71,670 72,079 Part-Time Flexible Employees • Hourly Basic Rates 4 23.74 26.19 29.27 30.73 32.87 33.04 33.22 33.39 33.56 33.74 33.91 34.08 34.26 34.43 34.61 34.73 34.96 5 24.60 27.05 30.35 31.84 33.29 33.48 33.67 33.85 34.04 34.23 34.41 34.60 34.79 34.97 35.16 35.35 35.53 6 27.98 31.49 32.27 33.75 33.95 34.15 34.35 34.56 34.76 34.96 35.17 35.37 35.58 35.78 35.98 36.18 Part-Time Regular Employees • Hourly Basic Rates 4 22.73 25.08 28.03 29.43 31.48 31.64 31.81 31.98 32.14 32.31 32.48 32.64 32.81 32.98 33.14 33.31 33.48 5 23.56 25.91 29.06 30.50 31.88 32.06 32.24 32.42 32.60 32.78 32.96 33.14 33.31 33.49 33.68 33.85 34.03 6 26.79 30.16 30.90 32.32 32.51 32.71 32.90 33.10 33.29 33.49 33.68 33.88 34.07 34.26 34.46 34.65 Step Increase Waiting Periods [In Weeks] Steps [From-To] AA-A A-B B-C C-D D-E E-F F-G G-H H-I I-J J-K K-L L-M M-N N-O O-P Grades 4-5 88 88 88 44 44 44 44 44 44 44 34 34 26 26 24 24 Grade 6 96 96 44 44 44 44 44 44 44 34 34 26 26 24 24 <align=left> <NOTE: This schedule reflects a 1.3% general increase effective August 27, 2022 (PP-19-2022) Schedule Two[edit]
Table Two ***Schedule 2***
Mail Handlers (RSC M) Schedule
Full-Time Annual Basic Rates
Effective August 27⌘, 2022 [PP 19-2022]
RSC M (NPMHU)M
GRADEAA A B C D E F G H I J K L M N O P 4 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 5 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 Part-Time Flexible Employees * Hourly Basic Rates 4 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 5 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 Part-Time Regular Employees * Hourly Basic Rates 4 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 5 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 Step Increase Waiting Periods [In Weeks] Steps [From-To] AA-A A-B B-C C-D D-E E-F F-G G-H H-I I-J J-K K-L L-M M-N N-O O-P Grades 4-5 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 <NOTE: This schedule reflects a 1.3% general increase effective August 27, 2022 (PP-19-2022) Schedule One Night Shift Differential[edit]
Table Three Table Three
Mail Handlers (RSC M) Schedule
Night Shift Differential Hourly Rates
Effective May 7, 2022 [PP 11-2022]
RSC M (NPMHU)Full-Time Employees GRADE AA A B C D E F G H I J K L M N O P 4 $0.96 $1.08 $1.29 $1.40 $1.54 $1.55 $1.57 $1.58 $1.59 $1.60 $1.61 $1.62 $1.63 $1.64 $1.65 $1.67 $1.68 5 $1.01 $1.13 $1.38 $1.48 $1.57 $1.58 $1.59 $1.61 $1.62 $1.63 $1.64 $1.65 $1.67 $1.68 $1.69 $1.70 $1.71 6 $1.19 $1.45 $1.50 $1.60 $1.61 $1.63 $1.64 $1.65 $1.66 $1.68 $1.69 $1.70 $1.72 $1.73 $1.74 $1.75 Part-Time Flexible Employees GRADE AA A B C D E F G H I J K L M N O P 4 $0.98 $1.11 $1.35 $1.45 $1.59 $1.61 $1.62 $1.63 $1.64 $1.65 $1.66 $1.68 $1.69 $1.70 $1.71 $1.72 $1.73 5 $1.04 $1.17 $1.43 $1.53 $1.62 $1.64 $1.65 $1.66 $1.67 $1.69 $1.70 $1.71 $1.72 $1.74 $1.75 $1.76 $1.77 6 $1.23 $1.50 $1.55 $1.65 $1.67 $1.68 $1.69 $1.71 $1.72 $1.74 $1.75 $1.76 $1.79 $1.80 $1.81 $1.83 Part-Time Regular Employees GRADE AA A B C D E F G H I J K L M N O P 4 $0.96 $1.08 $1.29 $1.40 $1.54 $1.55 $1.57 $1.58 $1.59 $1.60 $1.61 $1.62 $1.63 $1.64 $1.65 $1.67 $1.68 5 $1.01 $1.13 $1.38 $1.48 $1.57 $1.58 $1.59 $1.61 $1.62 $1.63 $1.64 $1.65 $1.67 $1.68 $1.69 $1.70 $1.71 6 $1.19 $1.45 $1.50 $1.60 $1.61 $1.63 $1.64 $1.65 $1.66 $1.68 $1.69 $1.70 $1.72 $1.73 $1.74 $1.75 Schedule Two Night Shift Differential[edit]
Table Four Table Four
Mail Handlers (RSC M) Schedule
Night Shift Differential Hourly Rates
Effective May 7, 2022 [PP 11-2022]
RSC M7 [NPMHU]Full-Time GRADE BB AA A B C D E F G H I J K L M N O P 4 $1.00 $1.00 $1.04 $1.08 $1.12 $1.16 $1.20 $1.24 $1.29 $1.36 $1.40 $1.44 $1.48 $1.52 $1.56 $1.60 $1.64 $1.68 5 $1.05 $1.05 $1.38 $1.48 $1.57 $1.58 $1.59 $1.61 $1.62 $1.63 $1.64 $1.65 $1.67 $1.68 $1.69 $1.70 $1.71 Part-Time Flexible Employees * Hourly Basic Rates 4 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 5 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 Part-Time Regular Employees * Hourly Basic Rates 4 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 5 47,286 52,164 58,303 61,205 65,476 65,818 66,169 66,509 65,476 65,859 67,204 67,558 67,897 68,247 68,592 68,940 69,283 69,632 Step Increase Waiting Periods [In Weeks] Steps [From-To] AA-A B-C C-D D-E E-F F-G G-H H-I I-J J-K K-L L-M M-N N-O O-P Grades 4-5 52 52 52 52 52 52 52 52 52 52 52 52 52 52 52 <NOTE: This schedlue reflects a 1.3% general increase effective August 27, 2022 (PP-19-2022) MHA Tables[edit]
MHA Tables MHA Schedule National Postal Mail Handlers Union (NPMHU)
Mail Handler Assistant (MHA) Schedule
Hourly Rates
November 19, 2022 (PP19-2022)MHA Grade A 4 5 NOTE: This schedule reflects MHA Schedule Mail Handlers Schedule
Mail Handler Assistant (MHA)
Night Differential Hourly Rates
Effective May 9, 2022 (PP11 2022)
RSC M4 (NPMHU)MHA Grade A B 4 $1.00 $1.00 5 $1.05 $1.05 Schedule One[edit]
Table One Table One
Mail Handlers [RSC M] Schedule
Full-Time Annual Basic Rates
Effective November 18, 2023 [PP 25-2023]
RSC M [NPMHU]M
GRADEAA A B C D E F G H I J K L M N O P 4 49,702 54,706 61,005 63,983 68,364 68,716 69,075 69,425 69,783 67,204 70,138 70,500 70,849 71,207 71,562 71,918 72,271 72,628 5 51,468 56,481 63,209 66,267 69,224 69,607 69,995 70,368 70,753 71,140 71,520 71,901 72,280 72,667 73,053 73,426 73,810 Part-Time Flexible Employees • Hourly Basic Rates 4 23.74 26.19 29.27 30.73 32.87 33.04 33.22 33.39 33.56 33.74 33.91 34.08 34.26 34.43 34.61 34.73 34.96 5 25.84 28.35 31.73 33.27 34.75 34.94 35.14 35.33 35.52 35.71 35.90 36.09 36.29 36.48 36.67 36.86 37.05 Part-Time Regular Employees • Hourly Basic Rates 4 22.73 25.08 28.03 29.43 31.48 31.64 31.81 31.98 32.14 32.31 32.48 32.64 32.81 32.98 33.14 33.31 33.48 5 23.56 25.91 29.06 30.50 31.88 32.06 32.24 32.42 32.60 32.78 32.96 33.14 33.31 33.49 33.68 33.85 34.03 6 26.79 30.16 30.90 32.32 32.51 32.71 32.90 33.10 33.29 33.49 33.68 33.88 34.07 34.26 34.46 34.65 Step Increase Waiting Periods [In Weeks] Steps [From-To] AA-A A-B B-C C-D D-E E-F F-G G-H H-I I-J J-K K-L L-M M-N N-O O-P Grades 4-5 88 88 88 44 44 44 44 44 44 44 34 34 26 26 24 24 Grade 6 96 96 44 44 44 44 44 44 44 34 34 26 26 24 24 NOTE: Effective November 18, 2023 (PP-25-2023) Wage Table 2 Nov2023 MHA Wage Table Nov2023
Article 10 Leave[edit]
§ 10.1 Funding[edit]
The Employer shall continue funding the leave program so as to continue the current leave earning level for the duration of this Agreement.
§ 10.2 Leave Regulations[edit]
(The preceding Section, Article 10.2, shall apply to Mail Handler Assistant employees.)
[See Memos, pages 161-167] MOU re: PTF Annual Leave[edit]
The parties agree that forty (40) hours of annual leave will be advanced to part-time flexible (PTF) employees, prorated to the end of the leave year for their first leave year as a PTF, and annually thereafter, unless and until the employee converts to full-time status. Formatting § 10.2.ii NA2022 Formatting § 10.2.iii NA2022 Formatting § 10.2.iv NA2022
MOU Bereavement Leave[edit]
NPMHU represented employees may use a total of up to three workdays of annual leave, sick leave or leave without pay, to make arrangements necessitated by the death of a family member or attend the funeral of a family member. Authorization of leave beyond three workdays is subject to the conditions and requirements of Article 10 of the National Agreement, Subsection 510 of the Employee and Labor Relations Manual and the applicable local memorandum of understanding provisions.
Definition of Family Member. “Family member” is defined as a:The in-laws referenced in this MOU applies to children, including adopted children, stepchildren, and spouses thereof; spouse and parents thereof; and brothers and sisters and spouses thereof.
Use of Sick Leave. The use of sick leave for bereavement purposes will be charged to sick leave for dependent care.
Documentation. Documentation evidencing the death of the employee’s family member is required only when the supervisor deems documentation desirable for the protection of the interest of the Postal Service.
(The preceding MOU, Bereavement Leave, shall apply to Mail Handler Assistants)MOU Annual Leave Carry-Over[edit]
The parties agree that, as soon as practicable after the signing of the 1990 National Agreement, the applicable handbooks and manuals will be modified to provide revised regulations for annual leave carryover as follows:
§ 10.3 Choice of Vacation Period[edit]
§ 10.4 Vacation Planning[edit]
The following general rules shall be observed in implementing the vacation planning program:
§ 10.5 Implementation of the Leave Program[edit]
§ 10.6 Sick Leave[edit]
The Employer agrees to continue the administration of the present sick leave program, which shall include the following specific items:
[See Memos, pages 168-170] Formatting § 10.6.i NA2022 Formatting § 10.6.ii NA2022 Formatting § 10.6.iii NA2022 Formatting § 10.6.iv NA2022 Formatting § 10.6.v NA2022 Formatting § 10.6.vi NA2022
Article 11 Holidays[edit]
§ 11.1 Holidays Observed[edit]
The following eleven (11) days shall be considered holidays for full-time employees and part-time regular schedule employees, hereinafter referred to in this Article as "employees":
New Year's Day Martin Luther King, Jr.'s Birthday Washington's Birthday (President’s Day) Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day The following six (6) days shall be considered holidays for MHAs:
New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day § 11.2 Eligibility[edit]
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.
§ 11.3 Payment[edit]
MHAs who work on a holiday may, at their option, elect to have their annual leave balance credited with 4, 6, or 8 hours (as applicable).
§ 11.4 Holiday Work[edit]
§ 11.5 Holiday on Non-Work Day[edit]
§ 11.6 Holiday Schedule[edit]
[See Memo, page 170 - 171] MOU Holiday Scheduling[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to the following regarding the scheduling of holidays:
§ 11.7 Holiday Part-Time Employee[edit]
A part-time flexible schedule employee shall not receive holiday pay as such. The employee shall be compensated for the eleven (11) holidays by basing the employee's regular straight time hourly rate on the employee's annual rate divided by 1,992 hours. For work performed 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 (½) 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[edit]
§ 12.1 Probationary Period[edit]
§ 12.2 Principles of Seniority[edit]
§ 12.3 Principles of Posting[edit]
***Still Editting***
- To insure a more efficient and stable work force, an employee
may be designated a successful bidder no more than nine (9)
times during the duration of this Agreement unless such bid:
- is to a job in a higher wage level;
- is due to elimination or reposting of the employee's duty assignment; or
- enables an employee to become assigned to a station closer to the employee's place of residence. It is the responsibility of the employee bidding to notify management that the employee is bidding “closer to home.”
- In the Mail Handler Craft, Vacant Craft Duty Assignments Will Be Posted for Bid as Follows:
- Full-time employees and part-time fixed schedule employees will only bid for vacant assignments within their own category.
- Full-time employees may apply for residual vacancies in the part-time fixed schedule category, and selection from such applicants shall be based on senior employee meeting the qualification standards.
- All vacant or newly established craft duty assignments shall be posted for employees eligible to bid. Vacant duty assignments will be posted within 28 days of the date the assignment becomes vacant unless a determination has been made that the position is to be reverted. If the vacant assignment is reverted, a notice shall be posted within that same 28 day period advising of the action taken and the
reasons therefore. In addition, a copy of the notice shall be provided to the appropriate Union representative.
[See Letter, page 174 and Memo, page 176] - When it is necessary that fixed scheduled day(s) of work in the basic work week for a craft assignment be permanently
changed, the affected assignment(s) shall be reposted. The change in work days shall not be effected until the job has been posted.
[See Memo, page 176] - The determination of what constitutes a sufficient change of duties, or principal assignment area, to cause the duty assignment to be reposted shall be subject to local negotiations in accordance with local implementation provisions of this Agreement.
[See Memo, page 176] - No assignment will be posted because of change in starting time unless the change exceeds an hour. Any change in starting time that exceeds one (1) hour shall be posted for bid, except when there is a permanent change in starting time of more than one hour and up to and including four hours, the incumbent shall have the option to accept such new reporting time. If the incumbent does not accept the
new reporting time, the incumbent shall become an unassigned full-time regular, and the assignment will be posted for bid.
A change in start time of an assignment exceeding four (4) hours will include cumulative changes within the life of this Agreement. Cumulative changes must be within four hours prior and four hours after the start time of the assignment on the ratification date of this Agreement.
When an assignment is posted for bid, the start time at the effective date of the bid will become the new point from which the cumulative changes are measured. - Change in duty assignment, as specified below, will require reposting:
- A 50% change in duties (actual duties performed).
- A change in principal assignment area which requires reporting to a different physical location; i.e., station, branch, facility annex, etc., except the incumbent shall have the option to accept the new assignment.
- Vacant full-time Mail Handler assignments shall be posted for a period of ten (10) days.
- The installation head shall establish a method for handling multiple bidding on duty assignments which are simultaneously posted.
- An employee may withdraw a bid on a posted assignment, in writing or in the telephone or computerized bidding process, at any time before the closing time (hour and date) of the posting. Such withdrawal, to be official, shall be date stamped or processed by telephone or computer with confirmation.
- An unassigned full-time employee may bid on full-time duty assignments posted for bid by employees in the Mail Handler craft. An unassigned full-time employee may be assigned to any vacant duty assignment. Such employee shall be given a choice if more than one vacant assignment is available. When the number of unassigned full-time employees exceeds the number of residual vacant duty assignments, the senior unassigned employee(s) may elect to remain unassigned provided that an unassigned regular making this election is not the only unassigned regular who can fill a higher-level position without promotion or is not the only unassigned regular qualified for a residual assignment. Part-time fixed schedule employees shall be treated similarly within their own category Except in cases where the installation is under withholding, if no qualified unassigned full-time regular employee is available to be assigned to the residual vacancy, the senior part-time flexible employee in the installation will be converted to full-time regular and assigned to this residual vacant duty assignment. This provision is applicable to residual vacancies remaining from any bid posting after June 1, 2007.
- Mail Handlers temporarily detailed to a supervisory position (204b) or detailed to an EAS position may not bid on or be assigned to any vacant mail handler duty assignments while so detailed. However, nothing contained herein shall be construed to preclude such temporarily detailed employees from voluntarily terminating a 204b or EAS detail and
returning to their craft position. After returning to the craft position for one (1) continuous pay period, such employees may exercise their right to bid on vacant mail handler craft duty assignments.
The duty assignment of a full-time or part-time regular mail handler detailed to an EAS position or a supervisory position, including a supervisory training program, in excess of 120 consecutive days shall be declared vacant and shall be posted for bid in accordance with this Article. Under such circumstances, the employee shall not be eligible to re-bid the next posting of that assignment. Upon return to the craft, the mail handler will become an unassigned full-time or part-time regular mail handler with a fixed schedule. A mail handler temporarily detailed to an EAS position or supervisory position will not return or be returned to the craft solely to circumvent the provisions of Section 12.3B12. An employee detailed to an EAS position or supervisory position must return to the craft for a minimum of one (1) continuous pay period to prevent circumvention of the intent of this provision, and for purposes of bidding must complete this one (1) continuous pay period prior to submitting a bid.
Form 1723, Notice of Assignment, shall be used in detailing mail handlers to temporary supervisor positions (204b) or EAS detailed positions. The Employer will provide the Union at the installation level with a copy of Form(s) 1723 showing the beginning and ending of all such details.
- Place of Posting
The notice inviting bids for a craft assignment shall be posted on all official bulletin boards at the installation where the vacancy exists, including stations, branches and sections. Copies of the notice shall be given to the designated agent of the Union. When an absent employee has so requested in writing, stating the employee's mailing address, a copy of any notice inviting bids shall be mailed to the employee by the installation head. Posting and bidding for preferred duty assignments shall be installation-wide unless otherwise specified by local Agreement. - Information on Notices Inviting Bids
Notices Inviting Bids shall include:
- The duty assignment (as defined in section 12.2D3, if ap- plicable) by position title and number; e.g., key, standard, or individual position.
- PS or MH salary level and craft.
- Hours of duty (beginning, ending).
- The principal assignment area; e.g., section and/or location of activity.
- Qualification standards and occupational code number.
- Physical requirement(s) unusual to the specific assignment (heavy lifting, etc.).
- Invitation to employees to submit bids.
- The fixed schedule of days of work.
- Successful Bidder
- Within 10 days after the closing date of the posting (including December), the installation head shall post a notice stating the successful bidder and the bidder's seniority date. The senior qualified bidder meeting the qualification standards established for that position shall be designated the "successful bidder."
- The successful bidder must be placed in the new assignment within 15 days except in the month of December.
- Normally, an employee shall work the duty assignment for which the employee has been designated the successful bidder. However, when an employee is moved off the employee's duty assignment, the employee shall not be replaced by another employee. For temporary reassignments not covered by Article 25, the movement of people outside the bid assignment area will be as follows:
- employees from other crafts performing work in accordance with Articles 7 or 13;
- MHAs;
- part-time flexible employees;
- full-time flexible employees;
- part-time regular employees;
- full-time regular Mail Handler employees;
- the order of movement of full-time regular Mail Handler employees in .3E3f, above shall be a subject for local negotiations; however, if an agreement is not reached at the local level, the matter will be referred to the Area Manager, Human Resources and the Regional Director, Mail Handlers Union for settlement.
- Except as otherwise provided by this Agreement, no employee shall be allowed to displace or "bump" another employee properly holding a position or duty assignment.
[See Memos and Letters, pages 175-190] MOU & LOI p175-190[edit]
MOU Joint Task Force on Article 12[edit]
The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award: Whether management should notify the union when an installa- tion is released from withholding, in whole or in part Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing through the grievance and arbitration process. 175 MEMORANDUM OF UNDERSTANDING JOINT TASK FORCE ON ARTICLE 12 The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award: Whether management should notify the union when an installa- tion is released from withholding, in whole or in part Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing thro
MOU Involuntarily Reassigned[edit]
Under Article 12.6B1, the dislocation and inconvenience to full-time em- ployees and part-time flexible employees who are being involuntarily reassigned shall be kept to the minimum consistent with the needs of the service. In addition, under Article 12.6B2, the Vice President, Area Oper- ations shall give full consideration to withholding sufficient full-time posi- tions and part-time flexible positions within the area for full-time employ- ees and part-time flexible employees who may be involuntarily reassigned. The Joint Task Force on Article 12 shall meet after the effective date of this Agreement to explore ways to reduce unnecessary impact on career employees while maintaining utilization of the non-career workforce
MOU Section 12.3 Principles of Posting[edit]
When either Article 12.3B4, B5 or B6 are applicable, requiring a bid to be reposted while the total number of bids in the section remains the same, an expedited selection process shall be applied. The duty assignments en- cumbered by the employees junior to the senior employee whose bid is reposted will be offered, in seniority order, to the employees remaining in the section beginning with the senior employee whose bid is reposted. An employee(s) declining to make a selection when canvassed shall be as- signed to the duty assignment(s) remaining in the section after the expe- dited selection process has been completed. The results of the above listed actions shall be effective at the beginning of the succeeding pay period. The bid being reposted in accordance with Article 12.3B4, B5 or B6 will be posted for the installation and not included in the expedited selection process. After the expedited bidding process, the junior employee left without a duty assignment shall retain the right to retreat to the section from which withdrawn as detailed in Section 12.6C4c.
MOU RE: Excessing Issues[edit]
This Memorandum of Understanding (MOU) represents the parties’ agreement with regard to mail handler employees who are being involun- tarily reassigned into mail handler craft vacancies in other installations, after being excessed from their present installation. 1. Mail Handlers will be placed into mail handler vacancies at the gaining installation at the same, higher, or lower level for which they are qualified. 2. Mail Handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time employee, part- time regular, part-time flexible), without concern to level. 3. If a veteran preference eligible is reached when assigning im- pacted or unassigned employees to lower level duty assignments the following will apply: a. The most junior non-preference eligible same lev- el mail handler in the gaining installation shall be reassigned to the lower level vacancy. b. The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler. c. Any employee reassigned to a lower level duty as- signment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade. d. The non-preference eligible mail handler moved to the lower level duty assignment shall have retreat rights back to the former duty assignment the first time it becomes vacant. e. A veteran preference eligible mail handler for per- sonal convenience may waive the right to appeal through the grievance process, to the Equal Employment Opportunity Commission, and/or to the Merit Systems Protection Board and select a duty assignment at a lower level with saved grade with the same saved grade in 3c above. f. If no Level 5 vacancies exist, or if all Level 5 oc- cupied positions at the gaining installation are occupied by veteran preference eligible mail handlers, the withholding ra- dius will be expanded to allow for placement unless the veter- an preference eligible applies 3e above. 4. The Regional Director for the National Postal Mail Handlers Union (NPMHU) will receive at least 30-days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted em- ployees will receive the same notice at least 30 days in advance. 5. The Regional Director for the NPMHU will receive at least 60-days notice for excessing outside of the installation where employee relocation benefits are applicable. Such notice shall include a list of potential vacan- cies for reassignments. Impacted employees will receive the same notice at least 60 days in advance. 6. Impacted mail handlers, and senior in lieu of volunteers, may be placed as unassigned regular mail handlers in the gaining installation (A Level 5 veteran preference employee who has been involuntarily excessed will be subject to paragraph 3 above), provided that local management has completed a bid management review with area concurrence and sufficient vacancies will be available for placement of all such unassigned regular employees (regardless of level) within three months of the date the em- ployees were placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immediately placed into the first available residual vacancy by management in accordance with the provi- sions of Article 12 of the National Agreement, provided that Level 5 vet- eran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacancies or in accordance with para- graph 3. 7. The Postal Service (USPS) has agreed to develop an enhancement to eReassign to enable mail handlers from an impacted installation to receive priority consideration for a voluntary transfer. Management will accept the employee at the gaining installation without a review. However, regu- lar transfer rules concerning other issues such as seniority, status, no relo- cation benefits, and no retreat rights will continue pursuant to items F, G, H, and I of the MOU, Re: Transfers. 8. Any disputes arising from the terms of this MOU, or other Article 12 local issues, will be resolved by the National NPMHU-USPS Article 12 Task Force. If the Article 12 Task Force cannot agree upon a resolution, either party may declare an impasse. Each party will identify the issue in dispute in writing within 30 days after the declared impasse on the subject. The identified dispute will then be placed on the appropriate arbitration docket.
MOU “SAME OR LOWER” LEVEL[edit]
For purposes of implementing “same or lower” level or “same or lower” salary level under the National Agreement, in Articles 6, 12, and 13, the parties agree that MH Level 4 is the same level as PS Level 5 and that MH Level 5 is the same level as PS Level 6. Exhibit 418.1, Equivalent Grades, of the ELM and other ELM provisions, as necessary, will be amended accordingly.
MOU Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers[edit]
In their 2006 National Agreement, the parties agreed to a Joint Task Force on Article 12 for the purpose of discussing and reviewing issues that arise as a result of implementing the provisions of Articles 12.5 and 12.6. In addition, in August 2009, the parties agreed to a Memorandum of Under- standing, Re: One-Time Retirement Incentive, as well as a moratorium on excessing from the date of that MOU through October 9, 2009. The par- ties also recognized that they might need to discuss application or modifi- cation of the requirements under Article 12 based on the impact of that MOU. The parties have continued to meet at the National level, and have reached the following additional agreements with regard to Mail Handler employ- ees in installations experiencing excessing from the installation who seek transfer opportunities under Article 12 and the MOU on Transfers. 1. All Mail Handler employees in the installation, including those em- ployees experiencing excessing from the installation, may voluntarily submit a request for transfer through eReassign. These employees will be placed on a preferred listing within eReassign by date order. These volun- teers will be allowed to transfer out of their impacted installation in ac- cordance with the MOU on Transfer Opportunities to . Affected employees requesting transfer must meet the mini- mum qualifications for the position being considered. B. In accordance with applicable provisions of the EL-312 Hand- book, nepotism rules are still in effect. C. The following sections of the Memorandum of Understanding, Re: Transfers (pages 128-130 of the 2006 National Agreement) are modified in order to accommodate transfer opportunities to mini- mize excessing. Specifically: (1) Sections B & C (page 128) — Ratios contained in the Transfer MOU are not applicable to affected employees applying for transfer as a result of impending excessing. (2) Section D (page 129) — Affected employees work, attend- ance, and safety records will not be considered when applying for transfer as a result of impending excessing. (3) Section E (page 129) — A minimum of 30 days notice to the losing installation will be afforded if possible. Neither the gaining nor losing installation can place a hold on the employee. The affect- ed employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of trans- fer to coincide with the start of a pay period at the gaining installa- tion. The losing installation will coordinate between the employee and the gaining installation. D. The Postal Service will not provide affected employees request- ing a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized va- cancies will post them in eReassign as Reassignment Opportunities. Employees can request reassignment to these specific positions. It is the responsibility of the affected employee requesting a transfer to check on a regular basis in eReassign for Reassignment Opportuni- ties. Employees may also request transfers to offices that do not have reassignment opportunities listed on eReassign. 2. Selections by installations accepting transfer requests will be on a seniority basis using craft installation seniority from the losing instal- lation. A. In the event of a seniority tie, the tie breaker method will be as follows: (1) total career postal time, and (2) entered on duty date. B. An employee’s seniority in the gaining installation is estab- lished by the National Agreement based on the employee being a voluntary transfer (not excessed) employee. 3. An employee accepting a transfer under the priority consideration will have his/her name removed from the priority eReassign pending request list at all locations. Affected employees requesting a transfer can change their mind and decline a transfer opportunity before they receive written notice of their report date to the new in- stallation. By doing so, the affected employee’s name will be re- moved from the priority eReassign pending request list at the de- clined location. 4. Simultaneous (duplicate) requests for transfer by the same em- ployee to the same craft and installation in eReassign are not permit- ted. 5. Employees may receive a printed confirmation of their request through eReassign. 6. In installations under Article 12 withholding, withheld Mail Handler vacancies are not available for transfer requests. 7. As a result of the MOU, there are no changes to the Article 12 time frames for notification to the union. 8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Administrative Committee. 9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation
MOU Workforce Repositioning[edit]
The parties are committed to work together to the extent it becomes neces- sary to close or consolidate postal plants or other facilities. The parties will explore available options that can address related workforce issues. The Postal Service will meet with the Union at the national level to dis- cuss plans to close or consolidate postal plants or other facilities and to discuss and consider changes to such plans based on input from the Union. Those discussions will include appropriate consideration of the principles and requirements of the applicable provisions of Article 12, including the principle that, in effecting reassignments and dislocation and inconven- ience to employees shall be kept to a minimum, consistent with the needs of the Postal Service. Nothing in this memorandum is intended to negate or alter the applicable requirements of Article 12 of the National Agreement. This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement
MOU Page 181[edit]
§ 12.3.E4.ix NA2022 § 12.3.E4.x NA2022 § 12.3.E4.xi NA2022 § 12.3.E4.xii NA2022
§ 12.4 Definition of a Section[edit]
The Employer and the Union shall define sections in accordance with the local implementation provision of this Agreement. Such definition will be confined to one or more of the following:
- pay location;
- by floor;
- tour;
- job within an area;
- type of work;
- by branches or stations;
- the entire installation;
- incoming;
- outgoing.
§ 12.5 Principles of Reassignments[edit]
- 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 12.6 below.
- 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 development of the relocation and reassignment plan. At least 90 days in advance of implementation of such plan, the Employer will meet with the Union at the national level to fully advise the Union how it intends to implement the plan. If the Union believes such plan violates this Agreement, the matter may be grieved.
- Such plan shall include a meeting at the regional/area level (which local level union representatives may attend) in advance (as much as six months whenever possible) of the reassignments anticipated. The Employer will advise the Union, at the Regional level, based on the best estimates available at the time, of the anticipated impact; the numbers of employees affected; the locations to which they will be reassigned; and, in the case of a new installation, the anticipated complement by tour. The Union, at the Regional level, will be periodically updated by the Area should any of the information change due to more current data being available.
- When employees are excessed out of their installation, the Union at the regional level may request 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 conditions 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.
- In order to minimize the impact on employees in the regular work force, the Employer agrees to separate, to the extent possible, MHAs working in the affected craft and installation prior to excessing any regular employee in that craft out of the installation. The junior full-time employee who is being excessed has the option of reverting to part-time flexible status in his/her craft, if such status is available in the installation, or of being reassigned to the gaining installation.
§ 12.6 Reassignments[edit]
- Basic Principles and Reassignments
When it is proposed to:- Discontinue an independent installation;
- Consolidate an independent installation (i.e., discontinue the independent identity of an installation by making it part of another and continuing independent installation);
- Transfer a classified station or classified branch to the jurisdiction of another installation or make an independent installation;
- Reassign within an installation employees excess to the needs of a section of that installation;
- Reduce the number of regular work force employees of an installation other than by attrition;
- Centralize mail processing and/or delivery installations; or
- Reduce the number of part-time flexibles other than by attrition; such actions shall be subject to the following principles and requirements.
- Principles and Requirements
- Dislocation and inconvenience to full-time employees and part-time flexible employees shall be kept to the minimum consistent with the needs of the service.
- The Vice President, Area Operations shall give full consid- eration to withholding sufficient full-time employees and part-time flexible positions within the area for full-time employees and part-time flexible employees who may be involuntarily reassigned. When positions are withheld, the local union may request, on a quarterly basis, that local management review the continuing need for withholding such positions and management shall discuss with the un- ion the results of such review. If and when local manage- ment learns that an installation is released, in whole or in part, from withholding, it shall notify the Union.
- Except as otherwise provided by this agreement, no em- ployee shall be allowed to displace, or "bump" another employee, properly holding a position or duty assignment.
- Under Section 12.6A4, governing reassignments within an installation of the employees excess to the needs of a sec- tion, the Union at the local level shall be notified in ad- vance (as much as 30 days whenever possible).
- Full-time employees and part-time flexible employees in- voluntarily detailed or reassigned from one installation to another shall be given not less than 60 days advance notice, if possible, and shall receive moving, mileage, per diem and reimbursement for movement of household goods, as appropriate, if legally payable, will be governed by the ap- plicable standardized Government travel regulations, cur- rently set forth in Handbook F-15, Travel and Relocation.
- The Regional Director for the NPMHU will receive at least 30 days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted employees will receive the same notice at least 30 days in advance. Where employee relocation benefits are applicable the Regional Director for the NPMHU will re- ceive at least 60 days notice for excessing outside of the in- stallation. Such notice shall include a list of potential va- cancies for reassignments. Impacted employees will re- ceive the same notice at least 60 days in advance.
- Any employee volunteering to accept reassignment to an- other craft or occupational group, another branch of the Postal Service, or another installation shall start a new pe- riod of seniority beginning with such assignment, except as provided herein.
- Whenever changes in mail handling patterns are undertaken in a geographic area including one or more postal installa- tions with resultant successive reassignments of Mail Han- dlers from those installations to one or more central instal- lations, the reassignment of Mail Handlers shall be treated as details for the first 120 days for purposes of bidding only in order to prevent inequities in the seniority lists at the gaining installations. The 120 days is computed from the date of the first detail of a Mail Handler to the central, con- solidated or new installation in that specific planning pro- gram. If a tie develops in establishing 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.
- Whenever in this Agreement provision is made for reas- signments, it is understood that any full-time employees or part-time flexible employees reassigned must meet the qualification requirements of the position to which reas- signed.
- It is understood that any employee entitled hereunder to a
specific placement may exercise entitlement only if no oth-
er employee has a superior claim hereunder to the same po-
sition.
- Surplus U.S. Postal Service employees from non- mail processing and non mail delivery installations, area 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.
- Former full-time post office Mail Handlers who
were reassigned to mail bag repair centers and de-
positories on or before July 1, 1956, and who since
- When such an employee is declared excess and is returned to the Mail Handler craft in the same installation from which the em- ployee was reassigned, seniority shall be the same as for continuous service in the craft and installation.
- Should such an employee who is not ex- cess volunteer to be returned to the instal- lation in place of a junior excess employee, seniority in the Mail Handler craft and in- stallation will be that of the junior excess employee.
- If such an employee voluntarily transfers to the employee's former installation he/she shall begin a new period of seniori- ty.
- Special Provisions on Reassignments
In addition to the general principles and requirements above
specified, the following specific provisions are applicable:
C1 Discontinuance of an Independent Installation
C1a When an independent installation is discontinued, all
full-time employees and part-time flexible employees
shall, to the maximum extent possible, be involuntari-
ly reassigned to continuing postal positions in accord-
ance with the following:
C1b Involuntary reassignment of full-time employees with
their seniority for duty assignments to vacancies in the
same, higher, or lower level in the same craft or occu-
pational group in installations within 50 miles of the
discontinued installation, or if necessary within 100
miles of the discontinued installation, or in more dis-
tant installations, if after consultation with the Union,
such reassignment have been continuously
employed in the same center or depository and
subse-quent to March 31, 1965:
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.
it is determined that it is necessary. The Postal Ser-
vice will designate such installations for the reassign-
ment of excess full-time employees. 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 discontin-
ued installation to such placement.
C1c Involuntary reassignment of full-time employees for
whom consultation did not provide for placement un-
der 12.6C1b above, in other crafts or occupational
groups in which they meet minimum qualifications at
the same or lower level.
C1d Involuntary reassignment of part-time flexible em-
ployees with seniority in any part-time flexible vacan-
cy in the same craft or occupational group at any in-
stallation within 50 miles of the discontinued installa-
tion, or if necessary within 100 miles of the discontin-
ued installation, or in more distant installations, if after
consultation with the Union it is determined that it is
necessary, the Postal Service will designate such in-
stallations for the reassignment of the part-time flexi-
ble employees.
C1e Involuntary reassignment of part-time flexible em-
ployees for whom consultation did not provide for
placement under 12.6C1d, above in other crafts or oc-
cupational groups in which they meet minimum quali-
fication at the same or lower level at the foot of exist-
ing part-time flexible roster at the receiving installa-
tion and begin a new period of seniority.
C1f Full-time employees for whom no full-time vacancies
are available by the time the installation is discontin-
ued shall be changed to part-time flexible employees
in the same craft and placed as such, if such status is
available in the installation, but shall for six months
retain placement rights to full-time vacancies develop-
ing within that time within any installation within 50
miles of the discontinued installation, or if necessary
within 100 miles of the discontinued installation, or in
more distant installations, if after consultation with the
Union 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.
C1g Employees, full-time employees or part-time flexible,
involuntarily reassigned as above provided shall upon
the reestablishment of the discontinued installation be
entitled to reassignment with full seniority to the first
61
Article 12.6
C2 Consolidation of an Independent Installation
C2a When an independent postal installation is consolidat-
ed with another postal installation, each full-time em-
ployee or part-time flexible employee shall be invol-
untarily reassigned to the continuing installation with-
out loss of seniority in the employee's craft or occupa-
tional group.
C2b Where reassignments under 12.6C2a preceding, result
in an excess of employees in the continuing installa-
tion, identification and placement of excess employees
shall be accomplished by the continuing installation in
accordance with the provisions of this Agreement
covering such situations.
C2c If the consolidated installation again becomes an inde-
pendent installation, each full-time employee and part-
time flexible employee whose reassignment was ne-
cessitated by the previous consolidation shall be enti-
tled to the first vacancy in the reestablished installa-
tion in the level and craft or occupational group held at
the time the installation was discontinued.
C3 Transfer of a Classified Station, Classified Branch or other
Facility to the Jurisdiction of Another Installation or Made
an Independent Installation
C3a When a classified station, classified branch or other
facility is transferred to the jurisdiction of another in-
stallation or made an independent installation, all full-
time employees shall at their option remain with the
classified station, classified branch or other facility
without loss of seniority, or remain with the installa-
tion from which the classified station, classified
branch or other facility is being transferred.
vacancy in the reestablished installation in the level,
craft or occupational group from which reassigned.
C1g Employees, full-time employees or part-time flexible,
involuntarily reassigned as above provided shall upon
the reestablishment of the discontinued installation be
entitled to reassignment with full seniority to the first
§ 12.7 NA2022
Article 13 Assignment of Ill or Injured Regular Work Force Employees[edit]
§ 13.1 Introduction[edit]
- Part-time fixed 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 fixed schedule employees within their own category.
- The U.S. Postal Service and the Union, recognizing their responsibility to aid and assist deserving full-time employees or part-time flexible employees who through illness or injury are unable to perform their regularly assigned duties, agree to the following provisions 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.
§ 13.2 Employee's Request for Reassignment A Temporary Reassignment[edit]
- Tempory Reassignment
Any full-time employee 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. - Permanent Reassignment
- Any ill or injured full-time employee or part-time flexible employee having a minimum of five years of postal service, or any full-time employee or part-time flexible employee who sustained injury on duty, regardless of years of service, while performing 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 designated by the installation head and made known to the Union and the employee-- giving full evidence of the physical condition of the em- ployee, the need for reassignment, and the ability of the employee to perform other duties. A certificate from the
***Still edit*** employee's personal physician will not be acceptable
§ 13.3 Local Implementation[edit]
Due to varied size installations and conditions within installations, the following important items having a direct bearing on these reassignment procedures (establishment of light duty assignments) should be determined by local negotiations.
- Through local negotiations, each office will establish the assignments that are to be considered light duty within 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 production of the assignment.
- 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.
- Number of Light Duty Assignments. The number of assignments within the craft that may be reserved for temporary or permanent light duty assignments, consistent with good business practices, 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 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.
§ 13.4 General Policy Procedures[edit]
- Every effort shall be made to reassign the concerned employee within the employee's present craft or occupational group, even if such assignment reduces the number of hours of work for the MHAs. After all efforts are exhausted in this area, consideration will be given to reassignment to another craft or occupational group within the same installation.
- The full-time employee or part-time flexible employee must be able to meet the qualifications of the position to which the employee is reassigned on a permanent basis. On temporary reassignment, qualifications can be modified provided excessive hours are not used in the operation.
- The reassignment of a full-time employee or part-time flexible employee to a temporary or permanent light duty or other assignment shall not be made to the detriment of any full-time employee on a scheduled assignment or give a reassigned part-time flexible preference over other part-time flexible employees.
- The reassignment of a full-time employee 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.
- 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 consideration will be given to reassignment to an existing vacancy.
- 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 installation head believes such examination to be necessary.
- 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 descriptions 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 procedure. The costs of the services of the third physician shall be shared by the Union and the Employer.
- 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 regular employee.
- 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 unassigned full-time regular employee. The employee's seniority shall be restored to include service in the light duty assignment.
- 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.
- When a part-time flexible on temporary light duty is declared recovered, the employee's detail to light duty shall be terminated.
- When a part-time flexible who has been reassigned in another craft on permanent light duty is declared recovered, such assignment to light duty shall be terminated. Section 4I, above, does not apply even though the employee has advanced to full-time regular while on light duty.
§ 13.5 Filling Vacancies Due to Reassignment of an Employee to Another Craft[edit]
When it is necessary to permanently reassign an ill or injured full-time regular or part-time flexible employee who is unable to perform the regularly assigned duties, from one craft to another craft within the office, the following procedures will be followed:
- When the reassigned employee is a full-time regular employee, 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.
- 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 vacancy shall be assigned to the full-time regular vacancy in the complement of the craft of the reassigned employee.
- 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.
- The rule in 5A and 5B, 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 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.
§ 13.6 Seniority of an Employee Assigned to Another Craft[edit]
- Except as provided for in Section 4I, above, a full-time regular 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.
- 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.
§ 13.7 Notice[edit]
Employees will be given at least 24 hours notice before appearance is required before an Accident Review Board. Union representation will be permitted at all discussions of accidents upon request of the employee, provided that the acquiring of such representation does not unreasonably delay the scheduled discussion.
Article 14 Safety and Health[edit]
§ 14.1 Responsibilities[edit]
It is the responsibility of management to provide safe working conditions in all present and future installations and to develop a safe working force. The Union will cooperate with and assist management to live up to this responsibility. The Employer agrees to give appropriate consideration to human factors in the design and development of automated systems.
§ 14.2 Cooperation[edit]
- 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 conditions. The Employer shall make available at each installation forms to be used by employees in reporting unsafe and unhealthful conditions. If an employee believes he/she is being required to work under unsafe conditions, such employees may: a) notify the 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 Step 2 of the grievance procedure within fourteen (14) days of notifying such employee's supervisor if no corrective action is taken during the employee's tour; d) and/or 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.
- Any grievance which has as its subject a safety or health issue directly affecting an employee and 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.
§ 14.3 Implementation[edit]
To assist in the positive implementation of the program:
- 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 parties, shall include representatives from the Union and representatives 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 comprehensive 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 topics 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 Chairman will be designated by the Employer. The Union, in conjunction with the Chairman, shall schedule the meetings, and recommend priorities on new agenda items. 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 the 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 problems or items of a significant, National nature arise between scheduled quarterly meetings any party may request a special meeting of the Committee. Any party will have the right to be accompanied to any Committee meeting by no more than two technical advisors.
- There shall be established at the Employer's Area level, a Regional/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, Regional/Area-wide nature arise between scheduled quarterly meetings, any party may request a special meeting of the Committee. Any 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 representatives from the Union and appropriate representatives from the Postal Service Area Office. The Chairman will be designated by the Employer.
- The Employer will make Health Service available for the treatment of job related injury or illness where it determines they are needed. The Health Service will be available from any of the following sources: government or public medical sources within the area; independent or private medical 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 Program, including employee choice of health services.
- The Employer will comply with the Postal Employees Safety Enhancement Act of 1998.
§ 14.4 Local Safety Committee[edit]
At each postal installation having 50 or more employees, a Joint Labor-Management Safety and Health Committee will be established. Similar committees may be established upon request of the installation head in installations having fewer than 50 employees, as appropriate. 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 participating unions and management. The representation on the Committee, to be specifically determined by the parties, shall include one person from each of the participating unions and appropriate management representatives. The Chairman will be designated 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 discussed. 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 straight-time rate, providing the time spent is a part of the employee's regular workday.§ 14.5 Subjects for Discussion[edit]
Individual grievances shall not be made the subject of discussion during Safety and Health Committee meetings.
§ 14.6 Employee Participation[edit]
It is the intent of this program to insure broad exposure to employees, to develop interest by active participation of employees, to insure new ideas being presented to the Committee and to make certain that employees in all areas of an installation have an opportunity to be represented. At the same time, it is recognized that for the program to be effective, it is desirable to provide for a continuity in the committee work from year to year. Therefore, except for the Chairman and Secretary, the Committee members shall serve three-year terms and shall at the discretion of the Union be eligible to succeed themselves.
§ 14.7 Local Committee Meetings[edit]
The Safety and Health Committee shall meet at least quarterly and at such other times as requested by a Committee member and approved by the Chairman in order to discuss significant problems or items. The meeting shall be on official time. Each Committee member shall submit agenda items to the Secretary at least three (3) days prior to the meeting. A member of the Medical/Health Unit will be invited to participate in the meeting of the Labor-Management Safety and Health Committee when agenda item(s) relate to the activities of the Medical/Health Unit.
No request for a Safety and Health Committee meeting shall be unreasonably denied. If the local Union Safety and Health Committee member feels a request was unreasonably denied, the matter will be referred to the Union’s Regional Office and the Employer’s Area Office Safety Manager for a determination if the Safety and Health Committee should convene prior to the quarterly meeting.§ 14.8 Local Committee Responsibilities[edit]
- The Committee shall review the progress in accident prevention and health at the installation; determine program areas which should have increased emphasis; and it may investigate major accidents which result in disabling injuries. Items properly relating to employee safety and health shall be considered appropriate discussion items. Upon a timely request, information or records necessary for the local Safety and Health Committee to investigate real or potential safety and health issues will be made available to the Committee. In addition, the Committee shall promote the cause of Safety and Health in the installation by:
- Reviewing Safety and Health suggestions, safety training records and reports of unsafe conditions or practices.
- Reviewing local Safety and Health rules.
- Identifying unsafe work practices and assisting in enforcing work-related safety rules.
- Reviewing updated list of hazardous materials used in the installation.
- The Committee shall, at its discretion, render reports to the installation head and may at its discretion make recommendations to the installation head for action on matters concerning safety and health. The installation head shall within a reasonable period of time advise the Committee that the recommended action has been taken or advise the Headquarters Safety and Health Committee and the Presidents of the participating local unions as to why it has not. Any member of the Committee may also submit a written report to the Headquarters Safety and Health Committee in the event the Committee's recommendations are not implemented.
- Upon proper written request to the Chairman of the Committee, on-the-spot inspection of particular troublesome areas may be made by individual Committee members or a Subcommittee or the Committee as a whole. Such request shall not be unreasonably denied. When so approved, the Committee members shall be on official time while making such inspection.
- A Union representative from the local Safety and Health Committee may, at the Union’s option, participate in the annual inspection, conducted by the Manager, Safety and/or their designee, in mail processing facilities in the district and NDCs, provided that the Union represents employees at the facility or NDC being inspected. In no case shall there be more than one (1) Union representative on such inspections.
- A Union representative from the local Safety and Health Committee may, at the Union’s option participate in other inspections of mail processing facilities in the District, NDC, or other installation with 100 or more man years of employment in the regular work force, and of an individual station or branch where the station or branch has 100 or more man years of employment in the regular work force, provided that the Union represents employees at the facility in question and provided that the Union representative is domiciled at the facility to be inspected.
If the Union representative to the local Safety and Health Committee is not domiciled at the main facility or station or branch to be inspected and if the Union represents employees at that main facility or station or branch, at the Union's option, a representative from the Committee may participate in the inspection (at no additional cost for the Employer) or the Union may designate a representative domiciled at the main facility, or station or branch to be inspected to participate in the inspection. In no case shall there be more than one (1) Union representative on such inspections. - One Union representative from the local Safety and Health Committee, selected on a rotational basis by the participating Unions, may participate in the annual inspection of each installation with less than 100 man years of employment in the regular work force, where such Committee exists in the installation being inspected. In those installations that do not have a Safety and Health Committee, the inspector shall afford the opportunity for a bargaining unit employee from that installation to accompany him during these inspections.
- An appointed member of a local committee will receive an orientation by the Employer which will include:
- Responsibilities of the Committee and its members.
- Basic elements of the Safety and Health Program.
- Identification of hazards and unsafe practices.
- Explanation of reports and statistics reviewed and analyzed by the Committee.
- Since it has been some time since some members of Safety Committees received orientation, all current members will receive an orientation not later than December 15, 2024.
- Where an investigation board is appointed by an Vice President, Area Operations or a District Manager to Investigate a fatal or serious industrial non-criminal accident and/or injury, the Union at the installation will be advised promptly. When requested by the Union, a representative from the local Safety and Health Committee will be permitted to accompany the board in its investigation.
- In installations where employees represented by the Union accept, handle and/or transport hazardous materials, the Employer will establish a program of promoting safety awareness through communications and/or training, as appropriate. Elements of such a program would include, but not be limited to:
- Informational postings, pamphlets or articles in postal and Area publications.
- Distribution of Publication 52 to employees whose duties require acceptance of and handling hazardous items.
- On-the-job training of employees whose duties require the handling and/or transportation of hazardous items. This training will include, but is not limited to, hazard identification; proper handling of hazardous materials; personal protective equipment availability and its use; cleanup and disposal requirements for hazardous materials.
- All mailbags containing any hazardous materials, as defined in Publication 52, will be appropriately identified so that the employee handling the mail is aware that the mailbag contains one or more hazardous material packages.
- Personal protective equipment will be made available to employees who are exposed to spills and breakage of hazardous materials.
§ 14.9 Field Federal Safety and Health Councils[edit]
In those cities where Field Federal Safety and Health Councils exist, one representative of the Mail Handler Union who is on the Local Safety and Health Committee in an independent postal installation in that city and who serves as a member of such Councils, will be permitted to attend the meetings. Such employee will be excused from regularly assigned duties without loss of pay. Employer-authorized payment as outlined above will be granted at the applicable straight time rate, provided the time spent in such meetings is a part of the employee's regular work day.
(The preceding Article, Article 14, shall apply to Mail Handler Assistant)Article 15 Grievance-Arbitration Procedure[edit]
§ 15.1 Definition[edit]
A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to, the complaint of an employee or of the Union which involves the interpretation, application of, or compliance with the provisions of this Agreement or any local Memorandum of Understanding not in conflict with this Agreement.
§ 15.2 Grievance Procedure-Steps[edit]
Step 1:
- Any employee who feels aggrieved must discuss the grievance with the employee's immediate supervisor within fourteen (14)
days of the date on which the employee or the Union first learned or may reasonably have been expected to have learned of its cause unless
the parties agree in writing to extend the fourteen (14) day period. The employee, if he or she so desires, may be accompanied and represented
by the employee's steward or a Union representative. The Union also may initiate a grievance at Step 1 within 14 days of the date the Union
first became aware of (or reasonably should have become aware of) the facts giving rise to the grievance. In such case the participation
of an individual grievant is not required.
A Step 1 Union grievance may involve a complaint affecting more than one employee in the office. Whenever the facts giving rise to a grievance relate to an incident/issue occurring or arising on a specific date and involve more than one employee in the office, a Step 1 or Step 2 grievance may only be initiated by the Union as a Union grievance on behalf of all involved employees within a specific work location in an installation as provided in Article 17.2A or as defined by local practice. Should any grievances concerning the same incident/issue be filed at Step 1 by individual employees, the Union will consolidate all such grievances and select a representative grievance which may be appealed to Step 2. Should multiple grievances concerning the same incident/issue be improperly filed/initiated at Step 1 by the Union, management shall notify the Union, and if so notified, the Union shall consolidate all such grievances and select a representative grievance which may be heard at Step 1. - In any discussion at Step 1 the supervisor shall have authority to settle the grievance. The steward or other Union representative likewise shall have authority to settle or withdraw the grievance in whole or in part. No resolution reached as a result of such discussion shall be a precedent for any purpose.
- If no resolution is reached as a result of such discussion, the supervisor shall render a decision orally stating the reasons for the decision. The supervisor's decision should be stated during the discussion, if possible, but in no event shall it be given to the Union representative (or the grievant, if no Union representative was requested) later than five (5) days thereafter unless the parties agree to extend the five (5) day period. Within five (5) days after the supervisor's decision, the supervisor shall, at the request of the Union representative, initial the standard grievance form that is used at Step 2 confirming the date upon which the decision was rendered.
- The Union shall be entitled to appeal an adverse decision to Step 2 of the grievance procedure within ten (10) days after receipt of the supervisor's decision. Such appeal shall be made by completing a standard grievance form developed by agreement of the parties, which shall include appropriate space for at least the following:
- Detailed statement of facts;
- Contentions of the grievant;
- Particular contractual provisions involved; and
- Remedy sought.
Step 2:
- The standard grievance form appealing to Step 2 shall be filed with the installation head or designee. In any associate post office of twenty (20) or less employees, the Employer shall designate an official outside of the installation as the Step 2 official, and shall so notify the Union Step 1 representative.
- Any grievance initiated at Step 2, pursuant to Article 2 of this Agreement, must be filed within fourteen (14) days of the date on which the Union or the employee first learned or may reasonably have been expected to have learned of its cause.
- The installation head or designee will meet with the steward or a Union representative as expeditiously as possible, but no later than seven (7) days following receipt of the Step 2 appeal unless the parties agree upon a later date. In all grievances appealed from Step 1 or filed at Step 2, the grievant shall be represented in Step 2 for all purposes by a steward or a Union representative who shall have authority to settle or withdraw the grievance as a result of discussions or compromise in this Step. The installation head or designee in Step 2 also shall have authority to grant or settle the grievance in whole or in part.
- At the meeting the Union representative shall make a full and detailed statement of facts relied upon, contractual provisions involved, and remedy sought. The Union representative may also furnish written statements from witnesses or other individuals. The Employer representative shall also make a full and detailed statement of facts and contractual provisions relied upon. The parties' representatives shall cooperate fully in the effort to develop all necessary facts, including the exchange of copies of all relevant papers or documents in accordance with Article 31. The parties' representatives may mutually agree to jointly interview witnesses where desirable to assure full development of all facts and contentions. In addition, in cases involving discharge either party shall have the right to present no more than two witnesses. Such right shall not preclude the parties from jointly agreeing to interview additional witnesses as provided above.
- Where grievances appealed to Step 2 involve the same, or substantially similar issues or facts, one such grievance to be selected by the Union representative shall be designated the "representative" grievance. If not resolved at Step 2, the "representative" grievance may be appealed to Step 3 of the grievance procedure. All other grievances which have been mutually agreed to as involving the same, or substantially similar issues or facts as those involved in the "representative" grievance shall be held at Step 2 pending resolution of the "representative" grievance, provided they were timely filed at Step 1 and properly appealed to Step 2 in accordance with the grievance procedure.
- Following resolution of the "representative" grievance, the parties involved in that grievance shall meet at Step 2 within seven (7) days of their receipt of that resolution, unless the parties agree upon a later date, to identify the other pending grievances involving the same, or substantially similar issues or facts, and to apply the resolution to those grievances. Disputes over the applicability of the resolution of the "representative" grievance shall be resolved through the grievance-arbitration procedures contained in this Article; in the event it is decided that the resolution of the "representative" grievance is not applicable to a particular grievance, the merits of that grievance shall also be considered.
- Any settlement or withdrawal of a grievance in Step 2 shall be in writing or shall be noted on the standard grievance form and shall be furnished to the Union representative within ten (10) days after the Step 2 meeting unless the parties agree to extend the ten (10) day period. Any such settlement or withdrawal shall not be a precedent for any purpose, unless the parties specifically so agree or develop an agreement to dispose of future similar or related problems.
- Where agreement is not reached, the Employer's decision shall be furnished to the Union representative in writing within ten (10) days after the Step 2 meeting unless the parties agree to extend the ten (10) day period. The decision shall include a full statement of the Employer's understanding of (1) all relevant facts, (2) the contractual provisions involved, and (3) the detailed reasons for denial of the grievance.
- If the Union representative believes that the facts or contentions set forth in the decision are incomplete or inaccurate, such representative should, within ten (10) days of receipt of the Step 2 decision, transmit to the Employer's representative a written statement setting forth corrections or additions deemed necessary by the Union. Any such statement must be included in the file as part of the grievance record in the case. The filing of such corrections or additions shall not affect the time limits for appeal to Step 3.
- The Union may appeal an adverse Step 2 decision to Step 3. Any such appeal must be made within fifteen (15) days after receipt of the Employer's decision unless the parties' representatives agree to extend the time for appeal. Any appeal must include copies of (1) the standard grievance form, (2) the Employer's written Step 2 decision, and, if filed (3) the Union corrections or additions to the Step 2 decision.
Step 3:
- Any appeal from an adverse decision in Step 2 shall be in writing to the appropriate management official at the LR Service Center with a copy to the Employer's Step 2 representative, and shall specify the reasons for the appeal.
- The grievant shall be represented at Step 3 level by the Union's Regional representative, or designee. The Step 3 meeting of the parties' representatives to discuss the grievance shall be held at the respective Postal Service office (former regional headquarters) within fifteen (15) days after it has been appealed to Step 3. Step 3 discussions by telephone or video conferencing are permitted with the agreement of both parties’ representatives. These discussions and reviews will have the same contractual force and effect as if the parties had met in person. Each party's representative shall be responsible for making certain that all relevant facts and contentions have been developed and considered. The Union representative shall have authority to settle or withdraw the grievance in whole or in part. The Employer's representative likewise shall have authority to grant the grievance in whole or in part. In any case where the parties' representatives mutually conclude that relevant facts or contentions were not developed adequately in Step 2, they shall have authority to jointly return the grievance to the Step 2 level for full development of all facts and further consideration at that level. In such event, the parties' representatives at Step 2 shall meet within seven (7) days after the grievance is returned to Step 2 Thereafter, the time limits and procedures applicable to Step 2 grievances shall apply.
- The Employer's written Step 3 decision on the grievance shall be provided to the Union's Step 3 representative within fifteen (15) days after the parties have met in Step 3, unless the parties agree to extend the fifteen (15) day period. Such decision shall state the reasons for the decision in detail and shall include a statement of any additional facts and contentions not previously set forth in the record of the grievance as appealed from Step 2. Such decision also shall state whether the Employer's Step 3 representative believes that no interpretive issue under this Agreement or some supplement thereto which may be of general application is involved in the case.
- The Union, at the Regional level, may appeal an adverse decision directly to arbitration at the Regional level within twenty-one (21) days after the receipt of the Employer's Step 3 decision in accordance with the procedure hereinafter set forth; provided the Employer's Step 3 decision states that no interpretive issue under this Agreement or some supplement thereto which may be of general application is involved in the case.
- If either party's representative maintains that the grievance involves an interpretive issue under this Agreement, or some supplement thereto which may be of general application, the Union representative shall be entitled to appeal an adverse decision to Step 4 (National level) of the grievance procedure. Any such appeal must be made within twenty-one (21) days after receipt of the Employer's decision and include copies of the standard grievance form, the Step 2 and Step 3 decisions and, if filed, any Union corrections and additions filed at Steps 2 or 3. The Union shall furnish a copy of the Union appeal to the appropriate management official at the Grievance/Arbitration Processing Center. The party whose representative maintains that the grievance involves an interpretive issue shall provide the other party a written notice specifying in detail the precise interpretive issues(s) to be decided. The Employer's notice shall be included in the Step 3 decision. The Union's written notice shall be automatically included as part of the grievance record in the case but the filing of such notice shall not affect the time limits for appeal.
[See Memos, pages 195-198]
LOI Letter on Article 15 Issues[edit]
John F. Hegarty
National President
National Postal Mail Handlers Union, AFL-CIO
1101 Connecticut Avenue, NW, Suite 500
Washington, DC 20036-4304
Dear Mr. Hegarty:
During negotiations over the terms of the 2006 National Agreement between the National Postal Mail Handlers Union and the U.S. Postal Service, the parties reached the following understandings with regard to the changes made to Article 15.3D and Article 15.4D2.- Any dispute initiated by the Employer at the National level under Article 15.3D shall not include any issue that previously has been appealed by the Union to the National arbitration docket.
- If the parties are unable to resolve a dispute initiated by the Employer at the National level under Article 15.3D, then the Union has the option to accept the Employer’s position on that issue or appeal the issue to National arbitration within existing contractual time limits. The Employer has no right to appeal any dispute or issue to National arbitration.
- If either the Employer or the Union, or both, do not opt to elect priority scheduling to the top of the National arbitration docket for up to two cases in any given calendar year, then those available arbitration hearing dates will revert to the dates subject to the preexisting scheduling standards — i.e., cases on the docket will be scheduled for arbitration in the order in which appealed, unless otherwise agreed to by the parties.
- Cases on the National arbitration docket will be scheduled for arbitration with no less than one hundred and fifty (150) days notice to both parties measured from the date of scheduling to the date of the initial arbitration hearing, unless the parties mutually agree to expedite a particular hearing date.
- Any local grievances filed on the specific interpretive issues pending on the National arbitration docket shall, upon mutual agreement, be held in abeyance at Step 3 until resolution of the national interpretive dispute. Said grievances should not be referred/appealed to Step 4 merely because the parties cannot agree on whether the specific interpretive issue is fairly presented in the local grievance.
- Ordering of those cases elected for priority scheduling shall be accomplished in the following manner: during each calendar year, the first case to be heard of the possible four such cases will be that case which has the earliest appeal to arbitration date. If this first case was selected for priority scheduling by the Union, the second case will be the Employer’s priority case with the earlier appeal date, the third will be the Union’s remaining case, and the fourth the Employer’s remaining case. If the first case (the case with the earliest appeal date of the parties’ four cases) is a case selected for priority scheduling by the Employer, the ordering process described above will be reversed. Unless the parties mutually agree otherwise, any priority cases remaining on the docket from prior calendar year(s) shall remain in their respective positions on the docket, with the newly-selected priority cases scheduled behind them in the above-described order.
Valerie E. Martin
Manager, Contract Administration NPMHU
U.S. Postal ServiceMOU Article 15 (MAP)[edit]
The parties agree to continue piloting the Modified Arbitration Procedure (MAP). Locations for further implementation of the MAP will be subject to mutual agreement of the parties.
This Memorandum of Understanding shall be effective during the term of the 2022 National Agreement.MOU Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center[edit]
The parties agree to establish at the National level a “Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center.”
The Task Force will discuss the feasibility and the means by which such a pilot would be conducted.
Nothing in the memorandum is intended to negate or alter the applicable requirements of the National Agreement.LOI Article 15.2 Step 3[edit]
The Arbitration Panel orders the parties to establish a Step 3 Scheduling Task Force to determine the most efficient location in which Step 3 meetings are to be held.
MOU Pre-Arbitration Discussions[edit]
The Arbitration Panel directs the parties to discuss whether to make changes to the pre-arbitration discussion set forth in Article 15.4(B)(5). Such discussions shall include, but are not limited to, the consideration of the following issues:
- The timing for any pre-arbitration discussions;
- Whether cases should be placed on a scheduling letter before any such pre-arbitration discussion is held;
- Procedures to address a refusal by any party to conduct a pre-arbitration discussion; and
- The process for scheduling cases following the completion of the pre-arbitration discussion
MOU re: Arbitration Scheduling Letter[edit]
The Arbitration Panel directs the parties to discuss the creation of a pilot program to address issues regarding the number of cases to be placed on a scheduling letter and the withdrawal, postponement, or referral of grievances that have been placed on a scheduling letter for arbitration. Such discussions shall include, but are not limited to, the consideration of the following issues:
- The number of cases that shall be placed on a scheduling letter;
- The terms of arbitrator contracts, including the appropriate timeframe in which cancellation fees are owed to the arbitrator; and
- The circumstances under which one party or the other would be fully responsible for the payment of any cancellation fees.
Step 4:- In any case properly appealed or referred to this Step the parties shall meet at the National level promptly, but in no event later than thirty (30) days after filing such appeal or referral in an attempt to resolve the grievance. The Union representative shall have authority to settle or withdraw the grievance in whole or in part. The Employer's representative shall have authority to grant or settle the grievance in whole or in part. The parties' Step 4 representatives may, by mutual agreement, return any grievance to Step 3 where (a) the parties agree that no national interpretive issue is fairly presented or (b) it appears that all relevant facts have not been developed adequately. In such event, the parties shall meet at Step 3 within fifteen (15) days after the grievance is returned to Step 3. Thereafter the procedures and time limits applicable to Step 3 grievances shall apply. Following their meeting in any case not returned to Step 3, a written decision by the Employer will be rendered within fifteen (15) days after the Step 4 meeting unless the parties agree to extend the fifteen (15) day period. The decision shall include an adequate explanation of the reasons, therefore. In any instance where the parties have been unable to dispose of a grievance by settlement or withdrawal, the Union shall be entitled to appeal it to arbitration at the National level within thirty (30)days after receipt of the Employer's Step 4 decision. Any local grievances filed on the specific interpretive issue shall be held in abeyance at Step 3 pending resolution of the national interpretive dispute.
[See Memo, page 197]
MOU Step 4 Procedures[edit]
This memorandum represents the parties' agreement with regard to withdrawing a grievance from regional arbitration and referring it to Step 4 of the grievance procedure.
If a case is withdrawn from regional arbitration, referred to Step 4, and then remanded as noninterpretive, it will be returned directly to regional arbitration to be heard before the same arbitrator who was scheduled to hear the case at the time of the referral to Step 4. The case will be scheduled on that arbitrator's next available date (i.e., the next date for which cases have not already been scheduled.) Additionally, if the hearing had opened, the case will be returned to the same stage of arbitration. If the case had not previously been scheduled for an arbitration hearing, it will be given priority scheduling, such that the case will be heard in the same order which would have applied if the case had not been withdrawn and referred. In the event that the case would already have been heard had it not been withdrawn and referred, then the case will be heard as the next case on the appropriate docket.§ 15.3 Grievance Procedure-General[edit]
- The parties expect that good faith observance, by their respective representatives, of the principles and procedures set forth above will result in settlement or withdrawal of substantially all grievances initiated hereunder at the lowest possible step and recognize their obligation to achieve that end. Every effort shall be made to ensure timely compliance and payment of monetary grievance settlements and arbitration awards. The Employer agrees that upon receipt of necessary paperwork, from the grievant and/or union, concerning a grievance settlement or arbitration award, monetary remuneration will be made. The necessary paperwork is the documents and statements specified in Subchapter 436.4 of the ELM. The Employer will provide the union copies of appropriate pay adjustment forms, including confirmation that such forms were submitted to the appropriate postal officials for compliance and that action has been taken to ensure that the affected employee(s) receives payment and/or other benefits. In the event that an employee is not paid within sixty (60) days after submission of all the necessary paperwork, such employee, upon request, will be granted authorization from management to receive a pay advance equal to seventy (70) percent of the payment owed the employee. In the event of a dispute between the parties concerning the correct amount to be paid, the advance required by this section will be the amount that is not in dispute.
- The failure of the employee or the Union in Step 1, or the Union thereafter to meet the prescribed time limits of the Steps of this procedure, including arbitration, shall be considered as a waiver of the grievance. However, if the Employer fails to raise the issue of timeliness at Step 2, or at the step at which the employee or Union failed to meet the prescribed time limits, whichever is later, such objection to the processing of the grievance is waived.
- Failure by the Employer to schedule a meeting or render a decision in any of the Steps of this procedure within the time herein provided (including mutually agreed to extension periods) shall be deemed to move the grievance to the next Step of the grievance-arbitration procedure.
- It is agreed that in the event of a dispute between the Union and the Employer as to the interpretation of this Agreement, such dispute may be initiated as a grievance at the Step 4 level by either party. Such a grievance shall be initiated in writing and must specify in detail the facts giving rise to the dispute, the precise interpretive issues to be decided and the contention of the initiating party. Thereafter the parties shall meet in Step 4 within thirty (30) days in an effort to define the precise issues involved, develop all necessary facts, and reach agreement. Should they fail to agree, then, within fifteen (15) days of such meeting, each party shall provide the other with a statement in writing of its understanding of the issues involved, and the facts giving rise to such issues. In the event the parties have failed to reach agreement within sixty (60) days of the initiation of the grievance in Step 4, the Union then may appeal it to arbitration, within thirty (30) days thereafter.
- 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.
[See Memos and Letters, pages 195-203] LOI Letter on Article 15 Issues[edit]
John F. Hegarty
National President
National Postal Mail Handlers Union, AFL-CIO
1101 Connecticut Avenue, NW, Suite 500
Washington, DC 20036-4304
Dear Mr. Hegarty:
During negotiations over the terms of the 2006 National Agreement between the National Postal Mail Handlers Union and the U.S. Postal Service, the parties reached the following understandings with regard to the changes made to Article 15.3D and Article 15.4D2.- Any dispute initiated by the Employer at the National level under Article 15.3D shall not include any issue that previously has been appealed by the Union to the National arbitration docket.
- If the parties are unable to resolve a dispute initiated by the Employer at the National level under Article 15.3D, then the Union has the option to accept the Employer’s position on that issue or appeal the issue to National arbitration within existing contractual time limits. The Employer has no right to appeal any dispute or issue to National arbitration.
- If either the Employer or the Union, or both, do not opt to elect priority scheduling to the top of the National arbitration docket for up to two cases in any given calendar year, then those available arbitration hearing dates will revert to the dates subject to the preexisting scheduling standards — i.e., cases on the docket will be scheduled for arbitration in the order in which appealed, unless otherwise agreed to by the parties.
- Cases on the National arbitration docket will be scheduled for arbitration with no less than one hundred and fifty (150) days notice to both parties measured from the date of scheduling to the date of the initial arbitration hearing, unless the parties mutually agree to expedite a particular hearing date.
- Any local grievances filed on the specific interpretive issues pending on the National arbitration docket shall, upon mutual agreement, be held in abeyance at Step 3 until resolution of the national interpretive dispute. Said grievances should not be referred/appealed to Step 4 merely because the parties cannot agree on whether the specific interpretive issue is fairly presented in the local grievance.
- Ordering of those cases elected for priority scheduling shall be accomplished in the following manner: during each calendar year, the first case to be heard of the possible four such cases will be that case which has the earliest appeal to arbitration date. If this first case was selected for priority scheduling by the Union, the second case will be the Employer’s priority case with the earlier appeal date, the third will be the Union’s remaining case, and the fourth the Employer’s remaining case. If the first case (the case with the earliest appeal date of the parties’ four cases) is a case selected for priority scheduling by the Employer, the ordering process described above will be reversed. Unless the parties mutually agree otherwise, any priority cases remaining on the docket from prior calendar year(s) shall remain in their respective positions on the docket, with the newly-selected priority cases scheduled behind them in the above-described order.
Valerie E. Martin
Manager, Contract Administration NPMHU
U.S. Postal Service
MOU Article 15 (MAP)[edit]
The parties agree to continue piloting the Modified Arbitration Procedure (MAP). Locations for further implementation of the MAP will be subject to mutual agreement of the parties.
This Memorandum of Understanding shall be effective during the term of the 2022 National Agreement.MOU Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center[edit]
The parties agree to establish at the National level a “Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center.”
The Task Force will discuss the feasibility and the means by which such a pilot would be conducted.
Nothing in the memorandum is intended to negate or alter the applicable requirements of the National Agreement.LOI Article 15.2 Step 3[edit]
The Arbitration Panel orders the parties to establish a Step 3 Scheduling Task Force to determine the most efficient location in which Step 3 meetings are to be held.
MOU Step 4 Procedures[edit]
This memorandum represents the parties' agreement with regard to withdrawing a grievance from regional arbitration and referring it to Step 4 of the grievance procedure.
If a case is withdrawn from regional arbitration, referred to Step 4, and then remanded as noninterpretive, it will be returned directly to regional arbitration to be heard before the same arbitrator who was scheduled to hear the case at the time of the referral to Step 4. The case will be scheduled on that arbitrator's next available date (i.e., the next date for which cases have not already been scheduled.) Additionally, if the hearing had opened, the case will be returned to the same stage of arbitration. If the case had not previously been scheduled for an arbitration hearing, it will be given priority scheduling, such that the case will be heard in the same order which would have applied if the case had not been withdrawn and referred. In the event that the case would already have been heard had it not been withdrawn and referred, then the case will be heard as the next case on the appropriate docket.MOU Pre-Arbitration Discussions[edit]
The Arbitration Panel directs the parties to discuss whether to make changes to the pre-arbitration discussion set forth in Article 15.4(B)(5). Such discussions shall include, but are not limited to, the consideration of the following issues:
- The timing for any pre-arbitration discussions;
- Whether cases should be placed on a scheduling letter before any such pre-arbitration discussion is held;
- Procedures to address a refusal by any party to conduct a pre-arbitration discussion; and
- The process for scheduling cases following the completion of the pre-arbitration discussion.
MOU [Schedule Letter and Withdraw][edit]
The Arbitration Panel directs the parties to discuss the creation of a pilot program to address issues regarding the number of cases to be placed on a scheduling letter and the withdrawal, postponement, or referral of grievances that have been placed on a scheduling letter for arbitration. Such discussions shall include, but are not limited to, the consideration of the following issues:
- The number of cases that shall be placed on a scheduling letter;
- The terms of arbitrator contracts, including the appropriate timeframe in which cancellation fees are owed to the arbitrator; and
- The circumstances under which one party or the other would be fully responsible for the payment of any cancellation fees.
MOU National Administrative Committee[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to continue the National Administrative Committee (NAC) to help resolve technical and/or complex disputes that may arise during the course of their National Agreement and may not be amenable to the usual Grievance-Arbitration Procedures established by the National Agreement. The NAC will be used to resolve those disputes jointly identified by the parties without the need to file any grievances. A listing of subjects for consideration in the NAC will be updated by the parties at the national level within 60 days following the effective date of this Memorandum of Understanding. By mutual agreement, the parties at the national level may continue to add subjects to the original listing. The parties will meet within six (6) months of the effective date of this Memorandum of Understanding, as well as every six (6) months thereafter, or more frequently as the need arises, to review the activities of the NAC.
For each subject(s), the Employer and the Union will designate individuals at the national level who will be responsible for discussing and, where possible, for resolving any disputes concerning the referenced subject(s). When a specific subject is under consideration by the NAC, any grievance(s) concerning that identified subject will be removed from the Grievance/Arbitration Procedure and forwarded to the NAC. When a grievance(s) has been filed and the subject of that grievance subsequently comes under consideration by the NAC, such grievance(s) will be removed and forwarded to the NAC.
The national level designees will be responsible for meeting regularly to resolve pending disputes. No special forms, appeals or paper work will be necessary to present a dispute to the NAC. When the designees cannot agree upon a resolution, either party may declare an impasse. Each party will identify the issue in dispute in writing within 30 days after the declared impasse on the subject. The identified dispute will then be placed on the appropriate arbitration docket.
The parties will update specific instructions concerning the NAC within 60 days after the effective date of this Memorandum of Understanding.
This Memorandum of Understanding shall be effective during the term of the 2022 National AgreementMOU Intervention Initiative[edit]
The parties agree to establish at the National level an "Intervention Protocol" to facilitate resolution of contractually-based disputes at the local level which contribute to contentious labor-management relations. Interventions are intended to analyze the underlying causes of such ongoing contractual disputes and to reach resolution through cooperative efforts.
The parties agree that all efforts initiated under this agreement will be coordinated by the National parties and the respective local and/or Area/Regional management and union officials who are responsible for ensuring that such problems are properly resolved.
Either party at the local level may advance an individual request for intervention to their respective National representatives. An intervention will be initiated contingent upon mutual agreement between the National parties. It is agreed that the following rationale, while not intended to be all-inclusive, may be used to support a request for intervention:- ongoing or repetitive labor-management problems related to the local parties' inability to jointly settle or to identify the root cause of a contractually-based dispute(s);
- continued failure of either party to comply with the grievance-arbitration procedures of Article 15;
- excessive use of official time or excessive denial of official union time; and
- excessive cancellation of arbitration dates.
This Memorandum of Understanding shall be effective during the term of the 2022 National Agreement. § 15.3.x NA2022 § 15.3.xi NA2022 § 15.3.xii NA2022 § 15.3.xiii NA2022 § 15.3.xiv NA2022 § 15.4 NA2022 § 15.5 NA2022
Article 16 Discipline Procedure[edit]
§ 16.1 Statement of Principle[edit]
In the administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. No employee may be disciplined or discharged except for just cause such as, but not limited to, insubordination, pilferage, intoxication (drugs or alcohol), incompetence, failure to perform work as requested, violation of the terms of this Agreement, or failure to observe safety rules and regulations. Any such discipline or discharge shall be subject to the grievance-arbitration procedure provided for in this Agreement, which could result in reinstatement and restitution, including back pay.
§ 16.2 Discussions[edit]
For minor offenses by an employee, management has a responsibility to discuss such matters with the employee. Discussions of this type shall be held in private between the employee and the supervisor. Such discussions are not considered discipline and are not grievable. Following such discussions, there is no prohibition against the supervisor and/or the employee making a personal notation of the date and subject matter for their own personal record(s). However, no notation or other information pertaining to such discussion shall be included in the employee's personnel folder. While such discussions may not be cited as an element of a prior adverse record in any subsequent disciplinary action against an employee, they may be, where relevant and timely, relied upon to establish that employees have been made aware of their obligations and responsibilities.
§ 16.3 Letter of Warning[edit]
A letter of warning is a disciplinary notice in writing, identified as an official disciplinary letter of warning, which shall include an explanation of a deficiency or misconduct to be corrected.
[See Memo, page 207] MOU Purge of Warning Letters[edit]
The parties agree that there will be a one-time purge of Official Disciplinary Letters of Warning from the personnel folders of all employees represented by the National Postal Mail Handlers Union. To qualify to be purged, a Letter of Warning must:
- Have an issue date prior to the effective date of the 2022 National Agreement between the parties;
- Have been in effect for 6 months or longer and not cited as an element of prior discipline in any subsequent disciplinary action; and
- Not have been issued in lieu of a suspension or a removal action.
All grievances associated with discipline that is purged as a result of this Memorandum shall be withdrawn.
(The preceding MOU, Purge of Warning Letters, shall apply to Mail Handler Assistant employees.)§ 16.4 Suspensions of Less Than 14 Days[edit]
In the case of discipline involving suspensions of less than fourteen (14) days, the employee against whom disciplinary action is sought to be initiated shall be served with a written notice of the charges against the employee and shall be further informed that he/she will be suspended, but that such suspension shall be served while on duty with no loss of pay (no-time-off suspension). No-time-off suspensions shall be considered to be of the same degree of seriousness, and will satisfy the same step in the pattern of progressive discipline as the time-off suspension being replaced.
As such, no-time-off suspensions are equivalent to the previously issued time-off suspensions as an element of past discipline.§ 16.5 Suspensions of 14 or More Days or Discharge[edit]
In the case of discipline involving suspensions of fourteen (14) days, the employee against whom disciplinary action is sought to be initiated shall be served with a written notice of the charges against the employee and shall be further informed that he/she will be suspended after fourteen (14) calendar days during which fourteen (14) day period the employee shall remain on the job or on the clock (in pay status) at the option of the Employer. However, if the Union or the employee initiates a timely grievance prior to the effective date of the action and if the grievance is timely appealed to Step 2, the effective date of the suspension will be delayed until disposition of the grievance, either by settlement or an arbitrator’s final and binding decision.
In the case of suspensions of more than fourteen (14) days, or discharge, any employee shall, unless otherwise provided herein, be entitled to an advance written notice of the charges against him/her and shall remain either on the job or on the clock at the option of the Employer for a period of thirty (30) days. Thereafter, the employee shall remain on the rolls (non-pay status) until disposition of the case has been had either by settlement with the Union or through exhaustion of the grievance arbitration procedure.
A preference eligible who chooses to appeal a suspension of more than fourteen (14) days or his discharge to the Merit Systems Protection Board (MSPB) rather than through the grievance arbitration procedure shall remain on the rolls (non-pay status) until disposition of the case has been had either by settlement or through exhaustion of his MSPB appeal. When there is reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed, the Employer is not required to give the employee the full thirty (30) days' advance written notice in a discharge action, but shall give such lesser number of days advance written notice as under the circumstances is reasonable and can be justified. The employee is immediately removed from a pay status at the end of the notice period.§ 16.6 Indefinite Suspension Crime Situation[edit]
- The Employer may indefinitely suspend an employee in those cases where the Employer has reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed. In such cases, the Employer is not required to give the employee the full thirty (30) days advance notice of indefinite suspension, but shall give such lesser number of days of advance written notice as under the circumstances is reasonable and can be justified. The employee is immediately removed from a pay status at the end of the notice period.
- The just cause of an indefinite suspension is grievable. The arbitrator shall have the authority to reinstate and make the employee whole for the entire period of the indefinite suspension.
- If after further investigation or after resolution of the criminal charges against the employee, the Employer determines to return the employee to a pay status, the employee shall be entitled to back pay for the period that the indefinite suspension exceeded seventy (70) days, if the employee was otherwise available for duty, and without prejudice to any grievance filed under 6B above.
- The Employer may take action to discharge an employee during the period of an indefinite suspension whether or not the criminal charges have been resolved, and whether or not such charges have been resolved in favor of the employee. Such action must be for just cause, and is subject to the requirements of Section 16.5 of this Article.
§ 16.7 Emergency Procedure[edit]
An employee may be immediately placed on an off duty status (without pay) by the Employer, but remain on the rolls where the allegation involves intoxication (use of drugs or alcohol), pilferage, or failure to observe safety rules and regulations, or in cases where retaining the employee on duty may result in damage to U.S. Postal Service property, loss of mail or funds, or where the employee may be injurious to self or others.
The employee shall remain on the rolls (non-pay status) until disposition of the case has been had. If it is proposed to suspend such an employee for more than thirty (30) days or discharge the employee, the emergency action taken under this Section may be made the subject of a separate grievance.
An employee placed in an off-duty status under this Section may utilize his or her accrued annual leave during this period.§ 16.8 Review of Discipline[edit]
- In no case may a supervisor impose suspension or discharge upon an employee unless the proposed disciplinary action by the supervisor has first been reviewed and concurred in, in a signed and dated writing, by the installation head or designee.
- In associate post offices of twenty (20) or less employees, or where there is no higher level supervisor than the supervisor who proposes to initiate suspension or discharge, the proposed disciplinary action shall first be reviewed and concurred in, in a signed and dated writing, by a higher authority outside such installation or post office before any proposed disciplinary action is taken.
§ 16.9 Veterans' Preference[edit]
- A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans'
Preference Act; however, if the employee appeals under the Veterans' Preference Act, the employee will be deemed to have waived further access to the grievance arbitration procedure beyond Step 3 under any of the following circumstances:
- If an MSPB settlement agreement is reached.
- If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
- If the MSPB issues a decision on the merits of the appeal.
- In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
§ 16.10 Employee Discipline Records[edit]
The records of a disciplinary action against an employee shall not be considered in any subsequent disciplinary action if there has been no disciplinary action initiated against the employee for a period of two years. Upon the employee's written request, a disciplinary notice or decision letter will be removed from the employee's official personnel folder after two years if there has been no disciplinary action initiated against the employee in that two year period.
(The preceding Article, Article 16, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees.)
[See Memos, pages 207-209] MOU Task Force on Discipline[edit]
The parties agree to establish at the national level a "Task Force on Discipline." The Task Force shall have three (3) representatives of the Union and three (3) representatives of the USPS. The purpose of the Task Force shall be to study the manner in which discipline is administered by the USPS, the manner in which disputes about discipline are handled by the parties, and to recommend changes and improvements which can be made in the discipline and dispute resolution systems. The Task Force is authorized, at its discretion, to conduct tests of alternative discipline and dispute resolution systems in various facilities. The Task Force shall convene periodically but at least quarterly, at such times and at such places as it deems appropriate during the term of the 2022 National Agreement. No action or recommendations may be taken by the Task Force except by an agreement of the parties. Nothing herein shall preclude any of the parties from exercising the rights which they may otherwise have.
MOU Modified Discipline Programs[edit]
The parties agree to continue with the testing of Modified Article 16. The purpose and format of Modified Article 16 shall remain the same as it was originally developed under the Task Force on Discipline, unless changed by the Task Force. Those sites which are currently involved in the testing of Modified Article 16 shall continue with the testing, unless the local parties notify the Task Force on Discipline to the contrary, in accordance with the stated guidelines as developed by the Task Force.
This Memorandum of Understanding will terminate upon the expiration of the 2022 National Agreement.MOU Role of the Inspection Service in Labor Relations Matters[edit]
The parties recognize the role of the Postal Inspection Service in the operation of the Postal Service and its responsibility to provide protection to our employees, security to the mail and service to our customers.
Postal Inspection Service policy does not condone disrespect by Inspectors in dealing with an individual. The Postal Inspection Service has an obligation to comply fully with the letter and spirit of the National Agreement between the United States Postal Service and the National Postal Mail Handlers Union, and will not interfere in the dispute resolution process as it relates to Articles 15 and 16.
The parties further acknowledge the necessity of an independent review of the facts by management prior to the issuance of disciplinary action, emergency procedures, indefinite suspensions, enforced leave or administrative actions. Inspectors will not make recommendations, provide opinions, or attempt to influence management personnel regarding a particular disciplinary action, as defined above.
Nothing in this document is meant to preclude or limit Postal Service management from reviewing Inspection Service documents in deciding to issue discipline.MOU Step Increase, Unsatisfactory Performance[edit]
The Parties agree that periodic step increases will not be withheld for reason of unsatisfactory performance and that all other aspects of the current step increase procedures remain unchanged, unless otherwise provided for by the 2022 National Agreement.
MOU Article 16 Privacy in the Disciplinary Process[edit]
We agree with the principle that when it is necessary for a supervisor to take corrective action under the discipline procedure, such action between the supervisor and the employee should be private and should be conducted in an environment which does not compromise that privacy. While the use of an office in which only the participants are present is the preferred situation, it is recognized that other alternatives may be necessary.
Regardless of the situation, we agree that disciplinary matters between a supervisor and an employee must be done in a manner that would not compromise this principle.
The use of a witness to confirm the delivery of a disciplinary notice or, when appropriate, the presence of a steward when requested by the employee, is not considered a violation of this principle.Article 17 Representation[edit]
§ 17.1 Stewards[edit]
Stewards may be designated for the purpose of investigating, presenting and adjusting grievances.
§ 17.2 Appointment of Stewards[edit]
- The Union will certify to the Employer in writing a steward or stewards and alternates in accordance with the following general guidelines. Where more than one steward is appointed, one shall be designated chief steward. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one steward may be certified to represent employees in a particular work location(s). The number of stewards shall be in accordance with the formula as hereinafter set forth:
At each installation, the Union may certify one representative employed at that installation to represent employees in all work locations and on all tours in complaints involving issues of general application in that installation. Such complaints involve tour-wide and/or installation-wide issues, including, but not limited to, local policy issues and Acts of God. The activities of such Union representative shall be in lieu of a steward designated under the formula above and shall be in accordance with Section 17.3. Payment, when applicable, shall be in accordance with Section 17.4.Employees in the bargaining unit per tour or station Up to 49 " 1 steward 50 to 99 " 2 stewards 100 to 199 " 3 stewards 200 to 499 " 5 stewards 500 or more " 5 stewards plus additional steward
for each 100 employees
- At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a steward to investigate, present and adjust a specific grievance or to investigate a specific problem to determine whether to file a grievance. The activities of such Union representative shall be in lieu of a steward designated under the formula in Section 2A and shall be in accordance with Section 17.3. Payment, when applicable, shall be in accordance with Section 17.4.
- To provide steward service to a number of small installations where a steward is not provided by the above formula, the Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a steward
- At the option of the Union, representatives not on the Employer's payroll shall be entitled to perform the functions of a steward or chief steward, provided such representatives are certified in writing to the Employer at the District level, with a courtesy copy to the Area, and providing such representatives act in lieu of stewards designated under the provisions of 2A or 2B above.
§ 17.3 Rights of Stewards[edit]
- When it is necessary for a steward to leave his/her work area to investigate and adjust grievances or to investigate a specific problem to determine whether to file a grievance, the steward shall request permission from the immediate supervisor and such re-quest shall not be unreasonably denied. In the event the duties require the steward leave the work area and enter another area within the installation or post office, the steward must also re-ceive permission from the supervisor from the other area he/she wishes to enter and such request shall not be unreasonably denied.
- The steward, chief steward or other Union representative properly certified in accordance with Section 17.2 above may request and shall obtain access through the appropriate supervisor to review the documents, files and other records necessary for processing a grievance or determining if a grievance exists and shall have the right to interview the aggrieved employee(s), supervisors and witnesses during working hours. Such requests shall not be unreasonably denied.
- While serving as a steward or chief steward, an employee may not be involuntarily transferred to another tour, to another station or branch of the particular post office or to another independent post office or installation unless there is no job for which the employee is qualified on such tour, or in such station or branch, or post office. If an employee requests a steward or Union representative to be present during the course of an interrogation by the Inspection Service, such request will be granted. All polygraph tests will continue to be on a voluntary basis.
§ 17.4 Payment of Stewards[edit]
- The Employer will authorize payment only under the following
conditions:
Grievances:
Steps 1 and 2- The aggrieved and one Union steward (only as permitted under the formula in Section .2A) for time actually spent in grievance handling, including investigation and meetings with the Employer. The Employer will also compensate a steward for the time reasonably necessary to write a grievance. In addition, the Employer will compensate any witnesses for the time required to attend a Step 2 meeting.
- Employer authorized payment as outlined above will be granted at the applicable straight time rate, providing the time spent is a part of the employee's or steward's (only as provided for under the formula in Section 2A) regular work day.
§ 17.5 Union Participation in New Employee Orientation[edit]
During the course of any employment orientation program for new career or non-career employees covered by this Agreement, or in the event a current postal employee is reassigned or transfers to the mail handler craft, a representative of the Union representing the craft to which the new or current employees are assigned shall be provided ample opportunity to address such new employees, provided that this provision does not preclude the Employer from addressing employees concerning the same subject. In addition, at the time any non-career employees covered by this Agreement become eligible for health insurance, the Union will be provided ample opportunity to address such employees on this subject. Health benefit enrollment information and forms will not be provided during orientation until such time as a representative of the Union has had an opportunity to address such new employees.
§ 17.6 Checkoff[edit]
- In conformity with Section 2 of the Act, 39 U.S.C. 1205, without cost to the Union, the Employer shall deduct and remit to the Union the regular and periodic Union dues from the pay of employees who are members of such Union, provided that the Employer has received a written assignment which shall be irrevocable for a period of not more than one year, from each employee on whose account such deductions are to be made. The Employer agrees to remit to the Union all deductions to which it is entitled within fourteen (14) days after the end of the pay period for which such deductions are made. Deductions shall be in such amounts as are designated to the Employer in writing by the Union.
- The authorization of such deductions shall be in the following
form:
Authorization for Deduction of Dues United States Postal Service[edit]
Fillable PS1187[edit]
Fillable PDF
PS1187[edit]
PS 1187
17.6.B PS1187[edit]
From pages 106-107 (printed) or 114-115 (PDF)
PS 1187
- Notwithstanding the foregoing, employees' dues deduction authorizations (Standard Form 1187) which are presently on file with the Employer on behalf of the Union, shall continue to be honored and given full force and effect by the Employer unless and until revoked in accordance with their terms.
- The Employer agrees that it will continue in effect, but without cost to employees, its existing program of payroll deductions at the request and on behalf of employees for remittance to financial institutions including credit unions. In addition, the Employer agrees without cost to the employee to make payroll deductions on behalf of such organization or organizations as the Union shall designate to receive funds to provide group automobile insurance for employees and/or homeowners/tenant liability insurance for employees, provided only one insurance carrier is selected to provide such coverage.
(The preceding Sections, Articles 17.2, 17.3, 17.4, 17.5 and 17.6, shall apply to Mail Handler Assistant employees.)[See Memo, page 209] MOU Article 17.6D Payroll Allotments[edit]
As soon as administratively practicable, the Postal Service will increase the maximum allotments in the existing program by providing one additional allotment for the use of the NPMHU bargaining unit employees.
Article 18 No Strike[edit]
§ 18.1[edit]
The Union in behalf of its members agrees that it will not call or sanction a strike or slowdown.
§ 18.2[edit]
The Union or its local Unions (whether called Area Locals or by other names) will take reasonable action to avoid such activity and where such activity occurs, immediately inform striking employees they are in violation of this Agreement and order said employees back to work.
§ 18.3[edit]
It is agreed that the Union or its local Unions (whether called Area Locals or by other names) which comply with the requirements of this Article shall not be liable for the unauthorized action of their members or other postal employees.
§ 18.4[edit]
The parties agree that the provisions of this Article shall not be used in any way to defeat any current or future legal action involving the constitutionality of existing or future legislation prohibiting Federal employees from engaging in strike actions. The parties further agree that the obligations undertaken in this Article are in no way contingent upon the final determination of such constitutional issues.
(The preceding Article, Article 18, shall apply to Mail Handler Assistant employees.)Article 19 Handbooks and Manuals[edit]
§ 19.1[edit]
Those parts of all handbooks, manuals and published regulations of the Postal Service, that directly relate to wages, hours or working conditions, as they apply to employees covered by this Agreement, shall contain nothing that conflicts with this Agreement, and shall be continued in effect except that the Employer shall have the right to make changes that are not inconsistent with this Agreement and that are fair, reasonable, and equitable. This includes, but is not limited to, the Postal Service Manual and the F-21 Timekeeper's Instructions.
§ 19.2[edit]
Section 19.2 Notice of such proposed changes that directly relate to wages, hours, or working conditions will be furnished to the Union at the national level at least sixty (60) days prior to issuance. The Employer shall provide the Union with the following information about the proposed changes: a narrative explanation of the purpose and impact on employees and any documentation concerning the proposed changes from the manager(s) requesting the changes. Proposed changes will be furnished to the Union by hard copy and, if available, by electronic file. At the request of the Union, the parties shall meet concerning such changes. If the Union requests a meeting concerning the proposed changes, those present at the meeting will include representatives of USPS Labor Relations and manager(s) who are knowledgeable about the purpose of the proposed changes and the impact of such proposed changes on employees. If the Union, after the meeting, believes the proposed changes violate this Agreement (including this Article), it may then submit the issue to arbitration in accordance with the arbitration procedure within ninety (90) days after receipt of the notice of proposed change. Within fifteen (15) days after the issue has been submitted to arbitration, each party shall provide the other with a statement in writing of its understanding of the precise issues involved, and the facts giving rise to such issues. Copies of those parts of all new handbooks, manuals and regulations that directly relate to wages, hours or working conditions, as they apply to employees covered by this Agreement, shall be furnished the Union upon issuance.
(The preceding Article, Article 19, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees.)Article 20 Parking[edit]
§ 20.1 Parking Program[edit]
The existing parking program will remain in effect.
§ 20.2 Security[edit]
Recognizing the need for adequate security for employees in parking areas, and while en route to and from parking areas, the Employer will take reasonable steps, based on the specific needs of the individual location, to safeguard employee security, including, but not limited to, establishing liaison with local police authorities, requesting the assignment of additional uniformed police in the area, improving lighting and fencing, and, where available, utilizing mobile security force patrols.
§ 20.3 Energy Usage[edit]
In order to reduce energy usage the Employer and the Union will promote the use of carpooling and public transportation, where available.
§ 20.4 Parking[edit]
- In postal facilities where parking is on a first-come/first-served basis, there will not be a parking space assigned to the designated agent of the Mail Handlers Union, except where such space has been previously negotiated.
- In postal facilities where at least one space has been assigned to a postal employee (either bargaining or nonbargaining), a parking space shall be assigned to the designated agent of the Mail Handlers Union.
- The provisions of B above will not apply to parking spaces assigned for the handicapped, nonpostal people (i.e., tenants), customers, postal vehicles, personal vehicles normally utilized in official postal duties or if a parking space is assigned adjunct to a security post. The above provisions are not intended to eliminate any parking space previously acquired by the designated agent of the Mail Handler Union through local negotiations.
§ 20.5 Committee[edit]
The parking program is a proper subject for discussion at Labor-Management Committee meetings at the national level provided in Article 38.
(The preceding Article, Article 20, shall apply to Mail Handler Assistant employees.)Article 21 Benefit Plans[edit]
§ 21.1 Health Benefits[edit]
The method for determining the Employer bi-weekly contributions to the cost of employee health insurance programs under the Federal Employees Health Benefits Program (FEHB)* will be as follows:
- The Office of Personnel Management shall calculate the subscription charges under the FEHB* that will be in effect the following January with respect to self only, self plus one, and self and family enrollments.
- The bi-weekly Employer contribution for self only, self plus one, and self and family plans is adjusted to an amount equal to 72.0% in 2023, 2024 and 2025 of the weighted average biweekly premiums under the FEHB/PSHB Program* as determined by the Office of Personnel Management. The adjustment begins on the effective date determined by the Office of Personnel Management in January 2023, January 2024, and January 2025.
- The weight to be given to a particular subscription charge for each FEHB/PSHB Program* plan and option will be based on the number of enrollees in each such plan and option for whom contributions have been received from employers covered by the FEHB/PSHB Program* as determined by the Office of Personnel Management.
- The amount necessary to pay the total charge for enrollment a ter the Employer's contribution is deducted shall be withheld from the pay of each enrolled employee. To the extent permitted by law, the Employer shall permit employees covered by this Agreement to make their premium contributions to the cost of each plan on a pre-tax basis, and shall extend eligibility to such employees for the U.S. Postal Service's flexible spending account plans for unreimbursed health care expenses and work-related child care and elder care expenses as authorized under Section 125 of the Internal Revenue Code.
- The limitation upon the Employer's contribution towards any individual employee shall be 75% in 2023, 2024 and 2025 of the subscription charge under the FEHB/PSHB Program* in 2023, 2024, and 2025. *As of January 2025, the Postal Service Health Benefits Program (“PSHB Program”)
§ 21.2 Life Insurance[edit]
The Employer shall maintain the current life insurance program in effect during the term of this Agreement.
§ 21.3 Retirement[edit]
The provisions of Chapters 83 and 84 of Title 5 U.S. Code, and any amendments thereto, shall continue to apply to employees covered by this Agreement.
§ 21.4 Injury Compensation[edit]
Employees covered by this Agreement shall be covered by subchapter I of Chapter 81 of Title 5, and any amendments thereto, relating to compensation for work injuries. The Employer will promulgate appropriate regulations which comply with applicable regulations of the Office of Workers' Compensation Programs and any amendments thereto.
§ 21.5 Health Benefit Brochures[edit]
When a new employee who is eligible for enrollment in the Federal Employee's Health Benefit Program enters the Postal Service, the employee shall be furnished a copy of the Health Benefit Plan brochure of the Union.
[See Memo, page 211] MOU Committee on Benefits[edit]
It is hereby recognized and acknowledged 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 benefits structure in many industries in the private sector is changing and evolving. In keeping with these circumstances, the parties agree to the establishment of a national level committee to study the current benefits structure as set forth in Article 21 of the 1998 Mail Handlers Division National Agreement. As a part of this study, the parties will also consider the feasibility of other benefit plans such as:
- Child care;
- Group legal services; and
- Long term and short term disability insurance.
During the term of the 2022 National Agreement, the Committee on Benefits will meet to study and discuss these subjects and, if mutual agreement is reached by the parties on any changes concerning the current benefit structure, appropriate amendments to Article 21 could be negotiated. It is understood such implementation could take the form of pilot or test sites at mutually agreed upon installations or Districts where a modified benefits structure could be further assessed. The parties understand and agree that benefit plans which are currently mandated by statute will not be discussed by this committee.
Article 22 Bulletin Boards[edit]
The Employer shall furnish a bulletin board for the exclusive use of the Union, subject to the conditions stated herein, if space is available. The Union may place a literature rack in swing rooms, if space is available. Only suitable notices and literature may be posted or placed in literature racks. There shall be no posting or placement of notices or literature in literature racks except upon the authority of the officially designated Union representative.
(The preceding Article, Article 22, shall apply to Mail Handler Assistant employees.)Article 23 Rights of Union Officials to Enter Postal Installations[edit]
Upon reasonable notice to the Employer, duly authorized representatives of the Union shall be permitted to enter postal installations for the purpose of performing and engaging in official union duties and business related to this Agreement. There shall be no interruption of the work of employees due to such visits and representatives shall adhere to the established security regulations.
(The preceding Article, Article 23, shall apply to Mail Handler Assistant employees.)Article 24 Employees on Leave with Regard to Union Business[edit]
§ 24.1 Continuation of Benefits[edit]
Any employee on leave without pay to devote full or part-time service to the Union shall be credited with step increases as if in a pay status. Retirement benefits will accrue on the basis of the employee's step so attained, provided the employee makes contributions to the retirement fund in accordance with current procedure. Annual and sick leave will be earned in accordance with existing procedures based on hours worked.
§ 24.2 Leave for Union Conventions[edit]
- Full or part-time employees will be granted annual leave or leave without pay at the election of the employee to attend National, State and Regional Union Conventions (Assemblies) provided that a request for leave has been submitted by the employee to the installation head as soon as practicable and provided that approval of such leave does not seriously adversely affect the service needs of the installation. Such requests will not be unreasonably denied.
- If the requested leave falls within the choice vacation period and if the request is submitted prior to the determination of the choice vacation period schedule, it will be granted prior to making commitments for vacations during the choice period, and will be considered part of the total choice vacation plan for the installation, unless agreed to the contrary at the local level.
Where the specific delegates to the Convention (Assembly) have not yet been determined, upon the request of the Union, the Employer will make provision for leave for these delegates prior to making commitments for vacations. - If the requested leave falls within the choice vacation period and the request is submitted after the determination of the choice vacation period schedule, the Employer will make every reasonable effort to grant such request, consistent with service needs. Such requests will not be unreasonably denied.
(The preceding Article, Article 24, shall apply to Mail Handler Assistant employees.)
Article 25 Higher Level Assignments[edit]
§ 25.1 Definitions[edit]
Higher level work is defined as an assignment to a ranked higher level position, whether or not such position has been authorized at the installation.
§ 25.2 Higher Level Pay[edit]
An employee who is detailed to higher level work shall be paid at the higher level for time actually spent on such job. An employee's higher level rate shall be determined as if promoted to the position. An employee temporarily assigned or detailed to a lower level position shall be paid at the employee's own rate.
[See Memo, page 212] MOU On-the-Job Instructions Compensation[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree that employees in the mail handler craft who are certified by the PEDC to act as on-the-job instructors will be compensated at one level higher pay grade than their current bid position while performing in that capacity.
§ 25.3 Written Orders[edit]
Any employee detailed to higher level work shall be given a written management order, stating beginning and approximate termination, and directing the employee to perform the duties of the higher level position. Such written order shall be accepted as authorization for the higher level pay. The failure of management to give a written order is not grounds for denial of higher level pay if the employee was otherwise directed to perform the duties.
§ 25.4 Higher Level Details[edit]
Detailing of employees to higher level bargaining unit work in each craft shall be from those eligible, qualified and available employees in each craft in the immediate work area in which the temporarily vacant higher level position exists. However, for details of an anticipated duration of one week (five working days within seven calendar days) or longer to those higher level craft positions enumerated in this Agreement as being permanently filled on the basis of promotion of the senior qualified employee, the senior, qualified, eligible, available employee in the immediate work area in which the temporarily vacant higher level position exists shall be selected.
§ 25.5 Leave Pay[edit]
- Leave pay for employees detailed to a higher level position will be administered in accordance with the following:
- Employees working short-term on a higher level assignment or detail will be entitled to approved sick and annual paid leave at the higher level rate for a period not to exceed three days.
- Short-term shall mean an employee has been on an assignment or detail to a higher level for a period of 29 consecutive workdays or less at the time leave is taken and such assignment or detail to the higher level position is resumed upon return to work. All short-term assignments or details will be automatically canceled if replacements are required for absent detailed employees.
- Long-term shall mean an employee has been on an assignment or detail to the higher level position for a period of 30 consecutive workdays or longer at the time leave is taken and such assignment or detail to the higher level position is resumed upon return to work.
- Terminal leave payments resulting from death will be paid at the higher level for all employees who are assigned or detailed to higher level assignments on their last workday.
Article 26 Uniform and Work Clothes[edit]
§ 26.1 Uniform and Work Clothes Administration[edit]
All employees who are required to wear uniforms or work clothes shall be furnished uniforms or work clothes or shall be reimbursed for purchases of authorized items from duly licensed vendors. The current administration of the Uniform and Work Clothes Program shall be continued unless otherwise changed by this Agreement or the Employer.
§ 26.2 Contract Program Administration[edit]
Employees who are currently furnished uniforms pursuant to the contract program shall continue to be so entitled. Such uniforms shall be issued in a timely manner. The allowance to Mail Handlers under this program shall be as follows:
- $ 202 effective May 21, 2023
- $ 207 effective May 21, 2024
- $ 212 effective May 21, 2025
Each increase shall become effective on the employee's anniversary date following the effective date of change.
§ 26.3 Annual Allowance[edit]
The current Work Clothes Program will be continued for those full-time employees who have been determined to be eligible for such clothing based on the nature of work performed on a full-time basis in pouching and dispatching units, parcel post sorting units, platform (dock) operations, bulk mail sacking operations, and ordinary paper sacking units. The Employer will provide eligible employees with an annual allowance to obtain authorized work clothes on a reimbursable basis from licensed vendors as follows:
- $ 103 effective May 21, 2023
- $ 106 effective May 21, 2024
- $ 109 effective May 21, 2025
Each increase shall become effective on the employee's anniversary date following the effective date of change. Unused portions of an eligible employee’s annual allowance for uniform and work clothing will be carried over and available for use beginning twelve (12) months after the end of each anniversary year. An eligible employee’s uniform and work clothing allowance balance may not exceed the sum of two (2) years of the employee’s annual allowance entitlement. This uniform and work clothing program adjustment will be implemented no later than twelve (12) months from the ratification date of the 2022 Agreement.
Article 27 Employee Claims[edit]
§ 27.1 Claim Filing[edit]
Subject to a $10 minimum, an employee may file a claim within fourteen (14) days of the date of loss or damage and be reimbursed for loss or damage to his/her personal property except for motor vehicles and the contents thereof taking into consideration depreciation where the loss or damage was suffered in connection with or incident to the employee's employment while on duty or while on postal premises. The possession of the property must have been reasonable, or proper under the circumstances and the damage or loss must not have been caused in whole or in part by the negligent or wrongful act of the employee. Loss or damage will not be compensated when it resulted from normal wear and tear associated with day-to-day living and working conditions.
§ 27.2 Claim Adjudication[edit]
Claims should be documented, if possible, and submitted with recommendations by the Union steward to the Employer at the local level. The Employer will submit the claim, with the Employer's and the steward's recommendation within 15 days, to the District office for determination. The claim will be adjudicated within thirty (30) days after receipt at the District office. An adverse determination on the claim may be appealed pursuant to the procedures for appealing an adverse decision in Step 3 of the grievance-arbitration procedure. A decision letter denying a claim in whole or in part will include notification of the Union's right to appeal the decision to arbitration. The District office will provide to the Union's Regional Representative a copy of the denial letter, the claim form, and all documentation submitted in connection with the claim. The installation head or designee will provide a copy of the denial letter to the steward whose recommendation is part of the claim form.
(The preceding Article, Article 27, shall apply to Mail Handler Assistant employees.)Article 28 Employer Claims[edit]
§ 28.1 Statement of Principle[edit]
The parties agree that continued public confidence in the Postal Service requires the proper care and handling of the U.S.P.S. property, postal funds, and the mails. In advance of any money demand upon an employee for any reason, the employee must be informed in writing and the demand must include the reasons therefor.
§ 28.2 Loss or Damage of the Mails[edit]
An employee is responsible for the protection of the mails entrusted to the employee. Such employee shall not be financially liable for any loss, rifling, damage, wrong delivery of or depredation on, the mails or failure to collect or remit C.O.D. funds unless the employee failed to exercise reasonable care.
§ 28.3 Damage to U.S.P.S. Property and Vehicles[edit]
An employee shall be financially liable for any loss or damage to property of the Employer including leased property and vehicles only when the loss or damage was the result of the willful or deliberate misconduct of such employee.
§ 28.4 Collection Procedures[edit]
- If a grievance is initiated and advanced through the grievance-arbitration procedure or a petition has been filed pursuant to the Debt Collection Act, regardless of the amount and type of debt, collection of the debt will be delayed until disposition of the grievance and/or petition has (have) been had, either through settlement or exhaustion of contractual and/or administrative procedures.
- No more than 15 percent of an employee's disposable pay or 20 percent of the employee's biweekly gross pay, whichever is lower, may be deducted each pay period to satisfy a postal debt, unless the parties agree, in writing, to a different amount.
(The preceding Article, Article 28, shall apply to Mail Handler Assistant employees.)
[See Memo, page 206] MOU Expedited Arbitration[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to hear grievances concerning the following issues in the Expedited Arbitration forum.
- Restricted Sick Leave;
- Step Withholding;
- Employee Requests for Leave;
- AWOL;
- Request for Medical Certification;
- Supervisor performance of bargaining unit work in 1.6A offices;
- Bypass of employee(s) on the Overtime Desired List;
- Holiday scheduling;
- Designation of successful bidder;
- Movement outside of bid assignment area;
- Higher level assignments;
- Employee claims;
- Employer claims (Letters of Demand of $3,000 or less);
- Any other grievance mutually agreed upon by the parties at Step 3.
This Agreement does not change either party's right to refer an expedited case to regular arbitration in accordance with the applicable procedures of Article 15, Section 4.C., of the National Agreement.
Article 29 Limitation on Revocation of OF-346[edit]
§ 29.1 Revocation or Suspension of OF-346[edit]
- An employee's OF-346, Operator's Identification Card, may be revoked or suspended when the on-duty record shows that the employee is an unsafe driver.
- Elements of an employee's on-duty record which may be used to determine whether the employee is an unsafe driver include, but are not limited to, traffic law violations, accidents or failure to meet required physical or operations standards.
- The report of the Safe Driver Award Committee cannot be used as a basis for revoking or suspending an OF-346.
- When a revocation, suspension, or reissuance of an employee's OF-346 is under consideration, only the on-duty record will be considered in making a final determination. An employee's OF-346 will be automatically revoked or suspended concurrently with any revocation or suspension of State driver's license and restored upon reinstatement. Such revocation or suspension of the State driver's license shall not prevent the employee from operating in-house power equipment, if the employee is otherwise qualified to do so. Every reasonable effort will be made to reassign such employee to non-driving duties. In the event such revocation or suspension of the State driver's license is with the condition that the employee may operate a vehicle for employment purposes, the OF-346 will not be automatically revoked. When revocation, suspension, or reissuance of an employee's OF-346 is under consideration based on the on-duty record, such conditional revocation or suspension of the State driver's license may be considered in making a final determination.
§ 29.2 Issuance[edit]
- An employee shall be issued an OF-346 when such employee has a valid State driver's license, passes the driving test of the U.S. Postal Service, and has a satisfactory driving history.
- An employee who has been issued an OF-346 for the operation of a motor vehicle must inform the supervisor immediately of the [***revocation***].
Article 30 Local Implementation[edit]
§ 30.1 Current Memoranda of Understanding[edit]
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.
§ 30.2 Items for Local Negotiations[edit]
There shall be a 30 consecutive day period of local implementation which shall occur within a period of 60 days commencing May 2, 2023 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:
- Additional or longer wash-up periods.
- 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.
- Formulation of local leave program.
- The duration of the choice vacation period.
- The determination of the beginning day of an employee's vacation period.
- Whether employees at their option may request two selections during the choice vacation period, in units of either 5 or 10 days.
- Whether jury duty and attendance at National or State Conventions shall be charged to the choice vacation period.
- Determination of the maximum percentage of employees who shall receive leave each week during the choice vacation period.
- The issuance of official notices to each employee of the vacation schedule approved for such employee.
- Determination of the date and means of notifying employees of the beginning of the new leave year.
- The procedures for submission of applications for annual leave during other than the choice vacation period.
- Whether "Overtime Desired" lists in Article 8 shall be by section and/or tour.
- The number of light duty assignments to be reserved for temporary or permanent light duty assignment.
- 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.
- The identification of assignments that are to be considered light duty
- The identification of assignments comprising a section, when it is proposed to reassign within an installation, employees excess to the needs of a section.
- The assignment of employee parking spaces.
- 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.
- 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
- Local implementation of this Agreement relating to seniority, reassignments and posting.
Article 31 Union-Management Cooperation[edit]
§ 31.1 Membership Solicitation[edit]
The Union may, through employees employed by the Employer, solicit employees for membership in the Union and receive Union dues from employees in non-work areas of the Employer's premises, provided such activity is carried out in a manner which does not interfere with the orderly conduct of the Employer's operation.
§ 31.2 Electronic Communication[edit]
The Employer shall, on an accounting period basis, provide the Union at its national headquarters with electronic communication containing information as set forth in the Memorandum of Understanding regarding Article 31.
[See Memo and Letter, pages 214-215] MOU Article 31 – Electronic Communication/Accounting Period Report[edit]
Pursuant to the provisions of Article 31 of the National Agreement, the Employer shall, on an accounting period basis, provide the Union with an electronic communication containing the following information on those in the bargaining units:
1. SSN 14. Rate Schedule 2. Last Name 15. Nature of Action 3. First Initial 16. Effective Date 4. Middle Initial 17. Pay Grade 5. Address 18. Pay Step 6. City 19. Health Benefit Plan 7. State 20. Designation Activity 8. ZIP Code 21. Enter on Duty Date 9. Post Office Name 22. Retire on Date 10. PO State 23. Layoff 11. PO ZIP 24. Occupation Code 12. PO Finance Number 25. Pay Location 13. PO CAG Social Security Numbers (SSNs) will continue to be provided to the National Office of the National Postal Mail Handlers Union. The NPMHU will ensure that all SSNs provided will be kept confidential. Employee Identification Numbers (EINs) will be provided to the National Office of the NPMHU, and in place of SSNs to Union Officials at the Local Level.
LOI Article 31 - Information/Reports[edit]
As a result of the discussions held regarding Article 31 of the National Agreement, the Employer shall provide to the Union the information and reports listed below at the frequency designated. The Union shall compensate the Postal Service for its actual costs associated with the systems, programming and production, unless specifically indicated otherwise.
The information and reports shall be provided through the Office of the Vice President, Labor Relations, at the costs and frequencies listed below:INFORMATION COST FREQUENCY 1. ORPES Report No Cost Accounting Period 2. National Payroll
Hours Summary ReportNo Cost Accounting Period 3. 200 Man Year Report No Cost Accounting Period 4. Listing of Associate
Offices, Districts, AreasNo Cost Accounting Period 5. Dues Check Off With
Full First Name and Union
Anniversary DateNo Cost Pay Period 6. Safety Data from Form
1769 employee
identification;
with scrambled social
security numbers)
Actual cost
not to ex-
ceed $2500Annual 7. Financial and Operations
Statement SummaryNo Cost Accounting Period Additionally, in January of each year of this Agreement, the Postal Service shall provide the Union, at its request, with electronic communication containing the information it agreed to provide it on its membership in 2022 from the following files:
- Salary History File
- Hours History File
- Employee Master File
- W 2 Information/Gross Salary File
All actual costs associated with the systems, programming and production of the information shall be borne by the Union, although the Postal Service shall make reasonable efforts to retain and reuse the computer programs used in previous years.
Since the methods, means and types of information collected by the Postal Service are subject to change, the availability of any information or reports are dependent solely on the Postal Service's determination to keep such records.§ 31.3 Information[edit]
- The Employer will make available for inspection by the Union all relevant information necessary for collective bargaining or the enforcement, administration or interpretation of this Agreement, including information necessary to determine whether to file or to continue the processing of a grievance under this Agreement. Upon the written request of the Union, the Employer may require the Union to reimburse the USPS for any costs reasonably incurred in obtaining the information.
- Requests for information relating to purely local matters should be submitted by the local Union representative to the installation head or designee. All other requests for information should be directed by the Union to the Vice President, Labor Relations.
- Nothing herein shall waive any rights the Union may have to obtain information under the National Labor Relations Act, as amended.
§ 31.4 Committee[edit]
The Employer and the Union, believing that improvements in the work life can heighten employee job satisfaction, enhance organizational effectiveness, and increase the quality of service and that these objectives can be best accomplished by joint effort, hereby continue, at the national level, a joint Committee to Improve the Quality of Work Life.
(The preceding Article, Article 31, shall apply to Mail Handler Assistant employees.)Article 32 Subcontracting[edit]
§ 32.1 General Principles[edit]
- The Employer will give due consideration to public interest, cost, efficiency, availability of equipment, and qualification of employees when evaluating the need to subcontract.
- The Employer will give advance notification to the Union at the national level when subcontracting which will have a significant impact on bargaining unit work is being considered and will meet with the Union while developing the initial Comparative Analysis Report. The Employer will consider the Union's views on costs and other factors, together with proposals to avoid subcontracting and proposals to minimize the impact of any subcontracting. A statement of the Union's views and proposals will be included in the initial Comparative Analysis and in any Decision Analysis Report relating to the subcontracting under consideration. No final decision on whether or not such work will be contracted out will be made until the matter is discussed with the Union.
§ 32.2 Special Provisions[edit]
- The Employer and the Union agree that at processing and distribution facilities or post offices where mail handler craft employees are assigned and on duty on the platform at the time a star route vehicle is being loaded or unloaded exclusively by a star route contract driver, a mail handler(s) will assist in loading and unloading the star route vehicle, unless such requirement delays the scheduled receipt and dispatch of mail or alters the routing or affects the safety requirements provided in the star route contract.
- At offices where this Section is applicable, the schedules of mail handlers will not be changed nor will the number of mail handlers be augmented solely on the basis of this Section.
Section 32.3 Committee[edit]
Subcontracting is a proper subject for discussion at Labor-Management Committee meetings at the national level provided in Article 38.
(The preceding Article, Article 32, shall apply to Mail Handler Assistant employees.)
[See Memo, page 216] MOU Article 32[edit]
In addition to the cap on MHAs set forth in paragraph 7.1B3 above, the parties may agree upon the use of additional MHAs in other circumstances when new or contracted work is brought in-house. In addition, whenever contracting-out or in-sourcing is under consideration, the Union may propose different hourly rates for such MHAs to ensure competitiveness with outside services.
Under the 2022 National Agreement, the parties commit to re-establishing their Subcontracting Committee and continuing their discussions about the possibility of returning mail handler work from Surface Transportation Centers (STC), Mail Transport Equipment Service Centers (MTEC), and the bedloading project. The Committee will consider all relevant factors when discussing the issue outlined above, to include cost, operational efficiency, availability of equipment, and qualification of employees. In addition, any MHA employees utilized as referenced in paragraph 1 will not count against existing non-career caps.Article 33 Promotions[edit]
§ 33.1 General Principles[edit]
The Employer agrees to place particular emphasis upon career advancement opportunities. First opportunity for promotions will be giving to qualified career employees. The Employer will assist employees to improve their own skills through training and self-help programs, and will continue to expand the Postal Employee Development Center concept.
§ 33.2 Bargaining Unit Promotions[edit]
- When an opportunity for promotion to a bargaining unit position exists in an installation, an announcement shall be posted on official bulletin boards soliciting applications from employees in the bargaining unit. Bargaining unit employees meeting the qualifications for the position shall be given first consideration. Qualifications shall include, but not be limited to, ability to perform the job, merit, experience, knowledge, and physical ability. Where there are qualified applicants, the best qualified applicant shall be selected; however, if there is no appreciable difference in the qualifications of the best of the qualified applicants and the Employer selects from among such applicants, seniority shall be the determining factor. Written examinations shall not be controlling in determining qualifications. If no bargaining unit employee is selected for the promotion, the Employer will solicit applications from all other qualified employees within the installation.
- Promotions to position enumerated in Article 12 of this Agreement shall be made in accordance with such Article by selection of the senior qualified employee bidding for the position.
§ 33.3 Examinations[edit]
When an examination is given, there shall be no unreasonable limitation on the number of examinations that may be taken by an applicant.
Article 34 Work and/or Time Standards[edit]
§ 34.1 Statement of Principle[edit]
The principle of a fair day's work for a fair day's pay is recognized by the parties to this Agreement.
§ 34.2 Union Notification[edit]
- The Employer agrees that any work measurement systems or time or work standards shall be fair, reasonable and equitable. The Employer agrees that the Union will be kept informed during the making of time or work studies which are to be used as a basis for changing current or instituting new work measurement systems or work or time standards. The Employer agrees that the Union may designate a representative who may enter postal installations for purposes of observing the making of time or work studies which are to be used as the basis for changing current or instituting new work measurement systems or work or time standards.
- The Employer agrees that before changing any current or instituting any new work measurement systems or work or time standards, it will notify the Union as far in advance as practicable, but not less than 15 days in advance.
- When the Employer determines the need to implement any new nationally developed and nationally applicable work or time standards, it will first conduct a test or tests of the standards in one or more installations. The Employer will notify the Union at least 15 days in advance of any such test.
- If such test is deemed by the Employer to be satisfactory and it subsequently intends to convert the tests to live implementation in the test cities, it will notify the Union at least 30 days in advance of such intended implementation.
§ 34.3 Difference Resolution[edit]
Within a reasonable time not to exceed 10 days after the receipt of such notice, the Union and the Employer shall meet for the purpose of resolving any differences that may arise concerning such proposed work measurement systems or work or time standards.
§ 34.4 Grievance and Arbitration[edit]
- If no agreement is reached within five days after the meetings begin, the Union may initiate a grievance at the national level. If no grievance is initiated, the Employer will implement the new work or time standards at its discretion.
- If a grievance is filed and is unresolved within 10 days, and the Union decides to arbitrate, the matter must be submitted to priority arbitration by the Union within 5 days. The conversion from a test basis to live implementation may proceed in the test cities, except as provided in Section 34.5.
- The arbitrator's award will be issued no later than 60 days after the commencement of the arbitration hearing. During the period prior to the issuance of the arbitrator's award, the new work or time standards will not be implemented beyond the test cities, and no new tests of the new standards will be initiated. Data gathering efforts or work or time studies, however, may be conducted during this period in any installation.
- The issue before the arbitrator will be whether the national concepts involved in the new work or time standards are fair, reasonable and equitable.
- In the event the arbitrator rules that the national concepts involved in the new work or time standards are not fair, reasonable and equitable, such standards may not be implemented by the Employer until they are modified to comply with the arbitrator's award. In the event the arbitrator rules that the national concepts involved in the new work or time standards are fair, reasonable and equitable, the Employer may implement such standards in any installation. No further grievances concerning the national concepts involved may be initiated.
§ 34.5 Union Studies[edit]
After receipt of notification provided for in Section 2.D of this Article, the Union shall be permitted to make time or work studies in the test cities. The Union shall notify the Employer within ten (10) days of its intent to conduct such studies. The Union studies shall not exceed ninety (90) days, from the date of such notice, during which time the Employer agrees to postpone implementation in the test cities. There shall be no disruption of operations or of the work of employees due to the making of such studies. Upon request, the Union shall be permitted to examine relevant available technical information, including final data worksheets, that were used by the Employer in the establishment of the new or changed work or time standards. The Employer is to be kept informed during the making of such Union studies and, upon the Employer's request, the Employer shall be permitted to examine relevant available technical information, including final data worksheets, relied upon by the Union.
(The preceding Article, Article 34, shall apply to Mail Handler Assistant employees.)Article 35 Alcohol and Drug Recovery Programs[edit]
§ 35.1 Programs[edit]
- The Employer and the Union express strong support for programs of self-help. The Employer shall provide and maintain a program which shall encompass the education, identification, referral, guidance and follow-up of those employees afflicted by the disease of Alcoholism and/or Drug Abuse. When an employee is referred to EAP by the Employer, the EAP counselor will have a reasonable period of time to evaluate the employee's progress in the program. The parties will meet at the national level at least once every 6 months to discuss existing and new programs. This program of labor-management cooperation shall support the continuation of the EAP Program, at the current level. In addition, the Employer will give full consideration to expansion of the EAP Program where warranted.
- An employee's voluntary participation in such programs will be considered favorably in disciplinary action proceedings.
- In offices having EAP Programs the status and progress of the program, including improving methods for identifying alcoholism and drug abuse at its early stages and encouraging employees to obtain treatment without delay, will be proper agenda items for discussion at the local regularly scheduled Labor-Management Committee meetings as provided for in Article 38. Such discussion shall not breach the confidentiality of EAP participants.
§ 35.2 Committees[edit]
The Employer and the Union agree to work jointly in the development of the expanded EAP and in improvements in the existing EAP. The Union will continue to be a participating member of the National EAP Committee, already in existence. The Committee will have responsibility for jointly:
- assessing the effectiveness of EAPs operating inside and outside the USPS; and
- developing on an ongoing basis the general guidelines with respect to the level of service and the mechanisms by which the services will be provided.
The Committee is not responsible for day-to-day administration of the program. The Committee shall convene at such times and places as it deems appropriate. No action or recommendations may be taken by the Committee except by consensus of its members. In the event that the members of the Committee are unable to agree within a reasonable time on an appropriate course of action with respect to any aspect of its responsibility, the Vice President, Labor Relations, and the National Union Presidents of those EAP-member unions shall meet to resolve such issues.
The Committee will submit to the Vice President, Labor Relations, and the Presidents of the EAP-member unions, a comprehensive report on the general guidelines for changes, if any, in the level of EAP services and the mechanism by which the services will be provided. The Committee is authorized to obtain expert advice and assistance to aid its pursuit of its objectives. The apportionment of any fees and expenses for any such experts shall be by the consensus of the Committee.
The Employer and the Union agree that they will cooperate fully at all levels towards achieving the objectives of the EAP. The parties further agree that NPMHU is entitled to a member on the National EAP Committee, and two voting members and two alternates on each of the District Advisory Committees. Both voting and alternate members will attend the District meetings.
(The preceding Article, Article 35, shall apply to Mail Handler Assistant employees.)Article 36 Credit Unions and Travel[edit]
§ 36.1 Credit Unions[edit]
- In the event the Union or its local Unions (whether called Area Locals or by other names) presently operate or shall hereafter establish and charter credit unions, the Employer shall, without charge, authorize and provide space, if available, for the operation of such credit unions in Federal buildings, in other than workroom space.
- Any postal employee who is an employee of any such credit union or an officer, official, or Board member of any such credit union, shall, if such employee can be spared, be granted annual leave or leave without pay, at the option of the employee, for up to eight (8) hours daily, to perform credit union duties.
§ 36.2 Travel, Subsistence and Transportation[edit]
- The Employer shall continue the current travel, subsistence and transportation program.
- Employees will be paid a mileage allowance for the use of privately-owned automobiles for travel on official business when authorized by the Employer equal to the standard mileage rate for use of a privately-owned automobile as authorized by the General Services Administration (GSA). Any change in the GSA standard mileage rate for use of a privately-owned automobile will be put into effect by the Employer within sixty (60) days of the effective date of the GSA change.
- All travel for job-related training will be considered compensable work hours.
(The preceding Article, Article 36, shall apply to Mail Handler Assistant employees.)
Article 37 Special Provisions[edit]
§ 37.1 Mail Handler Watchmen[edit]
Former mail handler watchmen, whose positions have been abolished, shall continue to be treated in accordance with the seniority, posting and reassignment provisions of this Agreement.
§ 37.2 Inspection of Lockers[edit]
The Employer agrees that, except in matters where there is reasonable cause to suspect criminal activity, a steward or the employee shall be given the opportunity to be present at any inspection of employees' lockers. For a general inspection where employees have had prior notification of at least a week, the above is not applicable.
§ 37.3 Local Distribution of Personnel Action Roster Notices[edit]
Copies of information bulletins, which contain notification of personnel changes and are currently posted on post office bulletin boards, will be given to the Mail Handlers Union on a regular basis.
§ 37.4 Energy Shortages[edit]
In the event of an energy crisis, the Employer shall make every reasonable attempt to secure a high priority from the appropriate Federal agency to obtain the fuel necessary for the satisfactory maintenance of postal operations. In such a case, or in the event of any serious widespread energy shortage, the Employer and the Union shall meet and discuss the problems and proposed solutions through the Labor-Management Committee provided in Article 38.
(The preceding Section, Article 37.4, shall apply to Mail Handler Assistant employees.)§ 37.5 Local Policy on Telephones[edit]
The parties recognize that telephones are for official USPS business. However, the Employer at the local level shall establish a policy for the use of telephones by designated Union representatives for legitimate business related to the administration of this Agreement, subject to sound business judgment and practices.
§ 37.6 Fatigue[edit]
The subject of fatigue, as it relates to the safety and health of mail handler employees, is a proper subject for discussion in local Joint Labor-Management Safety and Health Committee meetings.
§ 37.7 Saved Grade Retention[edit]
An employee shall not lose Saved Grade by bidding on preferred duty assignments in the position and level assigned.
Article 38 Labor-Management Committee[edit]
§ 38.1 Statement of Principle[edit]
The Union through its designated agents shall be entitled at the national, regional/area, and local levels, and at such other intermediate levels as may be appropriate, to participate in regularly scheduled Labor-Management Committee meetings for the purpose of discussing, exploring, and considering with management matters of mutual concern; provided neither party shall attempt to change, add to or vary the terms of this Collective Bargaining Agreement.
§ 38.2 Committee Meetings[edit]
- At the national and regional/area levels, the Labor-Management Committees shall meet quarterly, unless additional meetings are scheduled by mutual agreement. Agenda items shall be exchanged at least 15 working days in advance of the scheduled meeting. National level agenda items include those of national concern such as human rights, technological and mechanization changes, subcontracting, jurisdiction, uniforms and work clothes, parking and other labor-management subjects. Regional/Area level agenda items include those of regional/area concern such as human rights and other labor-management subjects.
- Union attendance at national level meetings shall be limited to no more than six (6) persons, not including secretarial staff. Union attendance at regional/area level meetings shall be limited to no more than three (3) persons, not including secretarial staff. If the Union requires technical assistance, such technical assistance shall be in addition to the numbers listed above.
- Meetings at the national and regional/area (except as to the Christmas operation) levels will not be compensated by the Employer. The Employer will compensate one designated representative from the Union for actual time spent in the meeting at the applicable straight time rate, providing the time spent in such meetings is a part of the employee's regular scheduled work day.
- Subject to the provisions of this Agreement, Labor-Management Committee meetings will be separate from other unions.
- Provided agenda items are submitted, Labor-Management Committee meetings shall be scheduled in all offices in accordance with the following criteria:
- In offices with a total complement of 300 bargaining unit employees or more, meetings will be held once a month. Complement is defined in this Section as total number of employees currently on the rolls in the installation;
- In offices with a complement of 100 to 299 bargaining unit employees, meetings will be held bi-monthly; and
- In offices of less than 100 employees, meetings will be held quarterly.
- Agenda items will be exchanged at least 72 hours prior to such meetings. Meetings shall be held at a time and date convenient to both parties. Where agenda items do not warrant a regularly scheduled meeting, discussions may take place by mutual agreement in lieu thereof.
§ 38.3 Christmas Operation[edit]
The policies to be established by management for the Christmas operation will be a subject of discussion at a timely regularly scheduled Labor-Management Committee meeting.
§ 38.4 Minutes[edit]
Minutes of local Labor-Management Committee meetings may be taken by each party.
Article 39 Separability and Duration[edit]
§ 39.1 Separability[edit]
Should any part of this Agreement or any provision contained herein be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a court of competent jurisdiction, such invalidation of such part or provision of this Agreement shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.
§ 39.2 Duration[edit]
Unless otherwise provided, this agreement shall be effective September 21, 2022, and shall remain in full force and effect to and including 12 midnight, September 20, 2025 and unless either party desires to terminate or modify it, for successive annual periods. The party demanding such termination or modification must serve written notice of such intent to the other party, not less than 90 or more than 120 days before the expiration date of the Agreement.
(The preceding Article, Article 39, shall apply to Mail Handler Assistant employees.)MEMORANDA OF UNDERSTANDING AND LETTERS OF INTENT[edit]
MOU Supervisors Performing Bargaining Unit Work[edit]
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 2022 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.
MOU Reasonable Accommodation for The Deaf and Hard Of Hearing[edit]
MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonably accommodate deaf and hard of hearing employees with a disability under the Rehabilitation Act (the “Act”) and applicants who request assistance in communicating with or understanding others in work related situations, such as but not limited to:- During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, corrective actions or presentation of a grievance pursuant to Article 17 and other provisions of the Collective Bargaining Agreement.
- During formal classroom instruction and some aspects of informal training.
- During portions of EAP programs and EEO counselings.
- In critical elements of the selection process such as during testing and interviews.
- During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
- During the filing or meetings concerning an employee's OWCP claim.
- During service talks longer than five (5) minutes and meetings to discuss work procedures, policies and assignments.
- During meetings to discuss excessing or consolidation and A reasonable accommodation must be approached on a highly individual, case-by-case basis. The individual’s input must be considered prior to making a decision regarding accommodation.
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:- Management Instruction (MI) regarding Providing Communications Accommodations to Employees and Applicants who are Deaf or Hard of Hearing.
- 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, but are not limited to the following:
- 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. Costs for sign language interpreting services are covered by a centralized budget at Headquarters.
- In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
- Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community. A skilled interpreter is anyone who can provide effective interpretation in the sign language used by the signing employee.
- In some situations, such as day-to-day instructions and routine communications, written communications may be appropriate based on the employee’s ability to comprehend written communications.
- All Postal Service employees who supervise employees who are deaf and hard of hearing, as well as , training specialists, EAP, and EEO counselors may be trained in sign language and must complete Postal Service approved training on the following subjects:
- Effective communications with employees who are deaf and hard of hearing,
- Providing qualified sign language interpreters.
- Use of VRI and VRS.
- Deaf and hard of hearing applicants will 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 with a disability under the Act.
- State or Federal Relay services or other postal approved technology such as Video Relay Services (VRS) or VRI – if available and authorized or new and evolving technologies that are available, authorized and approved, may provide away for a deaf or hard of hearing employee to conduct postal business by phone or video with other employees and customers.
- When possible, interpretating services as described in (a) through (f) above should be scheduled as far in advance as possible.
- In the event of an emergency situation, the Postal Service will strive to communicate the nature of the emergency as soon as possible.
Management will provide the following assistance for deaf and hard of hearing employees with a disability under the Act.
- All films, videos 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.
- Special communications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees pursuant to the requirements contained in the Management Instruction regarding Providing Communication Accommodations to Employees and Applicants Who are Deaf or Hard of Hearing. Special communication devices or telephone volume control devices will be installed for hard of hearing employees whenever a hard of hearing employee needs a reasonable accommodation in order to communicate by phone. 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.
- A visual alarm will be installed on all moving powered industrial equipment powered by electric motor or internal combustion engine in all postal installations employing deaf employees or in any installation where such a reasonable accommodation is necessary for a hard of hearing employee.
- 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.
- The Postal Service will ensure that all Postal Service facilities nationwide maintain an Emergency Action Plan. The plan will address the requirements for an employee alarm system that:
- Complies with Occupational Safety and Health Administration regulations; and
- Provides adequate notice to employees so they can take the appropriate actions necessary to escape the workplace safely.
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, including recruitment and hiring efforts, type of special communications devices or volume control devices to be installed, installation of visual alarms or other systems such as tactile devices at other than new postal installations, and the availability of new technologies which may help deaf and hard of hearing employees perform a variety of tasks, 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.MOU Workplace Free of Harassment[edit]
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.MOU re: Dignity and Respect in the Workplace[edit]
The Postal Service and the Union are committed to improving workplace relationships and to treating each and every individual employee with dignity and respect. The parties agree that they have a mutual interest in creating a positive work environment and culture, thus ensuring that the Postal Service is an “employer of choice”.
The parties further agree that individual or systemic concerns or issues touching on matters of dignity and respect are best served through a cooperative effort. Treating every employee with dignity and respect therefore is a proper subject for discussion at Labor Management Committee meetings at the national, regional/area and local levels provided in Article 38.
The guiding principle of any joint discussions should be to improve the work climate and daily relationships on the workroom floor, and to ensure the operational success of the Postal Service.
This Agreement is without prejudice to the Postal Service’s right to make changes to policy consistent with Article 19 and 34 , and the Union’s ability to challenge the same.
No retaliatory action is to be taken against any employee for alleging wrongdoing of any sort within the U.S. Postal Service to the Office of the Inspector General, to the Inspection Service, or to responsible officials of the Postal Service.
This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement.MOU Article 6 - Layoff Protection[edit]
Each employee who is employed in the regular work force as of September 20, 2022, and who has not acquired the protection provided under Article 6 shall be protected henceforth against any involuntary layoff or force reduction during the term of this Agreement. It is the intent of this Memorandum of Understanding to provide job security to each such employee during the term of this Agreement; however, in the event Congress repeals or significantly relaxes the Private Express Statutes this Memorandum shall expire upon the enactment of such legislation. In addition, nothing in this Memorandum of Understanding shall diminish the rights of any bargaining-unit employees under Article 6.
Since this Memorandum of Understanding is being entered into on a non-precedential basis, it shall terminate for all purposes at midnight September 20, 2025 and may not be cited or used in any subsequent dispute resolution proceedings.LOI USPS Installations[edit]
The parties agree that the Employer retains the right to add installations, consolidate installations, and discontinue installations in accordance with Article 12, and the reports will be adjusted to reflect such changes as soon as reasonably practicable thereafter. An installation for the purposes of this paragraph will be defined to include all facilities for which a mail handler career employee is entitled to bid, as provided under Article 12.3C.
LOI Mail Handler Assistants in Excess of Percentage Caps[edit]
The parties acknowledge that there may be situations of limited duration that occur during the course of the year when the Employer needs to employ MHAs in excess of the cap for the total number of MHAs in an installation.
Any local or Area/Regional agreements to allow the employment of MHAs in excess of the percentage caps requires concurrence by the parties at the National level.MOU Re: Mail Handler Assistant Employees[edit]
The following general principles concerning Mail Handler Assistant Employees (MHAs) shall apply:
- General Principles
- The MHA work force is comprised of noncareer, mail handler bargaining unit employees.
- MHAs shall be hired for terms of 360 calendar days and will have a break in service of 5 days if reappointed.
- Leave provisions for MHAs are included in Attachment A to this MOU.
- For MHA percentage use allowances, see Article 7.1B.
- The Postal Service will provide a report every four week reporting period with information needed to monitor compliance with the provisions above, i.e., the total number of career bargaining unit employees and MHAs in the mail handler craft by installation.
- Effective November 19, 2022 , the hourly rates for MHAs shall be as follows:
Hourly Rate: Level 4 at $18.22 and Level 5 at $19.17.
Also, effective no later than the first full pay period 180 days after ratification, a new step, Step B, will be added to the MHA wage scale for Grade 4 and Grade 5. Step B will be $0.50 higher than the Step A rate for RSC M4 for the respective wage in Grade 4 and Grade 5. The step waiting period to reach Step B will be 6 months (26 weeks). RSC M4 Step B will remain $0.50 higher than Step A in perpetuity; there will be no separate calculation for increases applied to this wage rate. Upon initial implementation, any MHA in RSC M4 with 6 months (26 weeks) or more of relative standing will move to Step B.
Adjustments to these hourly rates shall be in accordance with Article 9.7. Should it be necessary for recruitment or retention of MHAs, the Postal Service may pay higher hourly rates, with the concurrence of the Union. g. When the Postal Service hires new mail handler full-time career employees, MHAs within the installation will be converted to full-time regular career status to fill such vacancies based on their relative standing in the installation, which is determined by their original MHA appointment date in that installation. Effective with the second full pay period after bargaining-unit ratification of the 2019 National Agreement and solely for the purposes of relative standing, all newly hired MHAs shall be deemed to have an initial MHA appointment date on a Saturday, at the start of the pay period during which they began work in the installation. A MHA who does not accept the career opportunity will not lose his/her relative standing for future career opportunities. - Contract Provisions
Only the following articles and portions of articles of the National Agreement apply to MHAs as outlined below:
Article 1
Article 2
Article 3
Article 5
Article 7.1B
Article 8
Section 2. Work Schedules
- The employee’s service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.
- The employee’s service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins.
Section 3. Exceptions
* * * * * MHAs will be scheduled in accordance with Section 2, A and B of this Article.
Section 4. Overtime Work
* * * * *- Overtime Work for MHAs
MHAs shall be paid overtime for work performed in excess of eight (8)
hours on duty in any one service day or forty (40) work hours in any one
service week. Overtime pay for MHAs is to be paid at the rate of one and
one-half (1-1/2) times the basic hourly straight time rate.
When an opportunity exists for overtime for qualified and available full-
time employees, doing similar work in the work location where the em-
ployees regularly work, prior to utilizing a MHA in excess of eight (8)
work hours in a service day or forty (40) hours in a service week, such
qualified and available full-time employees on the appropriate Overtime
Desired List will be selected to perform such work in order of their senior-
ity on a rotating basis.
Section 7. Night Shift Differential
For time worked between the hours of 6:00 p.m. and 6:00 a.m., MHAs
shall be paid additional compensation at the applicable flat dollar amount
at each pay grade and step in accordance with the attached Table Four.
143
HOURS OF WORK
Section 2. Work Schedules
- The employee’s service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.
- The employee’s service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins. Section 3. Exceptions
- * * * *
- * * * *
- * * * *
- * * * *
- * * * *
- As of January 2025, the Postal Service Health Benefits Program
- All Mail Handler Assistants (MHAs) in 200 Man Year offices with a relative standing date prior to 2.5 years from the ratification date of the 2022 National Agreement shall be converted to career status.
- The conversion to career status will occur as soon as administratively practicable, but no later than sixty (60) days from the ratification date of the 2022 National Agreement
- MHAs converted to career status under this memorandum will not be required to serve a probationary period provided they have successfully completed one 360-day term as a Mail Handler Assistant.
- 1.0% increase effective (PP12-2023) May 20, 2023
- 1.5% increase effective (PP12-2024) May 18, 2024
- 2.0% increase effective (PP12-2025) May 17, 2025
- 2.0% increase effective (PP12-2023) May 20, 2023
- 2.0% increase effective (PP12-2024) May 18, 2024
- 2.0% increase effective (PP12-2025) May 17, 2025
- Uniform waiting periods by grade resulting in a shorter cumulative period to reach the top of a grade as compared to the current salary schedule.
- Uniform step increase amounts by grade.
- Son or Daughter — a biological or adopted child, stepchild, daughter-in-law or son-in-law;
- Spouse;
- Parent — mother, father, mother-in-law, or father-in-law;
- Sibling — brother, sister, brother-in-law, or sister-in-law; or
- Grandchild; or
- Grandparent.
- Regular work force employees covered by this agreement may carry over 440 hours of accumulated annual leave beginning with leave carried over from leave year 1991 to leave year 1992.
- Employees who fall under the provisions of Public Law 83-102 and who have maintained a carryover of more than 440 hours cannot increase their present ceiling.
- The parties agree that ELM 512.73d shall be changed to reflect that an employee covered by the NPMHU National Agreement is not paid for annual leave in excess of 55 days. In all other respects, the ELM provisions for payment of accumulated leave are not changed because of this Memorandum.
- The Employer shall post a holiday schedule as set forth in Article 11, Section 6, of this Agreement.
- A full-time employee whose holiday schedule is properly posted in accordance with Article 11, Section 6, and who works within the posted schedule shall be paid in accordance with Article 11, Sections 2, 3, and 4. It is further agreed that any change in an employee's required duties does not constitute a change in the posted schedule for purposes of this memorandum of understanding.
-
- Except as provided in subparagraphs (b) and (c) of this paragraph, when the Employer fails to post in accordance with Article 11, Section 6, a full-time employee required to work on his/her holiday, or who volunteers to work on such holiday, shall be paid in accordance with Article 11, Sections 2, 3, and 4, and shall receive an additional fifty percent (50%) of the employee's base hourly straight-time rate for each hour worked up to eight hours.
- In the event that, subsequent to the Article 11, Section 6, posting period, an emergency situation attributable to an "Act(s) of God" arises which requires the use of manpower on that holiday in excess of that posted pursuant to the Article 11, Section 6, full-time employees required to work in this circumstance(s) shall only be paid for such holiday work in accordance with Article 11, Sections 2, 3, and 4.
- When a full-time employee scheduled to work on a holiday in accordance with the provisions of Article 11, Section 6, is unable to or fails to work on the holiday, the Employer may require another full-time employee to work such schedule and such replacement employee shall only be paid for such holiday work in accordance with Article 11, Sections 2, 3, and 4. The selection of such replacement employees shall be made in accordance with the terms of this Agreement.
- A full-time employee required to work on a holiday which falls on the employee's regularly scheduled non-work day shall be paid at the normal overtime rate of one and one-half (1½) times the base hourly straight-time rate for work performed on such day. Such employee's entitlement to the holiday pay for the designated holiday shall be governed by the provisions of Article 11, Sections 2, 3, 5, and 6.
- Hours worked on a holiday in excess of 8 hours shall be paid at the normal overtime rate of one and one-half (1½) times the base hourly straight time rate.
- When a full-time employee works on his/her holiday, the employee will be guaranteed eight (8) hours of work or pay in lieu thereof, in addition to the holiday pay to which the employee is entitled under Article 11, Sections 2 and 3 language. This guarantee will be waived if the employee, with the concurrence of the Union and approval of Management, requests to be released early.
- A schedule posted in accordance with Article 11, Section 6, shall be the full-time employee's schedule for that holiday. A full-time employee who works outside of the posted holiday schedule shall be paid at the rate of one and one-half (1½) times the base hourly straight-time rate for the hour(s) worked outside the employee's posted schedule.
- In no event shall a full-time employee receive more than one and one-half (1½) times the base hourly straight-time rate for hours actually worked on the employee's holiday in addition to payments prescribed in Article 11, Section 3.
- Any dispute initiated by the Employer at the National level under Article 15.3D shall not include any issue that previously has been appealed by the Union to the National arbitration docket.
- If the parties are unable to resolve a dispute initiated by the Employer at the National level under Article 15.3D, then the Union has the option to accept the Employer’s position on that issue or appeal the issue to National arbitration within existing contractual time limits. The Employer has no right to appeal any dispute or issue to National arbitration.
- If either the Employer or the Union, or both, do not opt to elect priority scheduling to the top of the National arbitration docket for up to two cases in any given calendar year, then those available arbitration hearing dates will revert to the dates subject to the preexisting scheduling standards — i.e., cases on the docket will be scheduled for arbitration in the order in which appealed, unless otherwise agreed to by the parties.
- Cases on the National arbitration docket will be scheduled for arbitration with no less than one hundred and fifty (150) days notice to both parties measured from the date of scheduling to the date of the initial arbitration hearing, unless the parties mutually agree to expedite a particular hearing date.
- Any local grievances filed on the specific interpretive issues pending on the National arbitration docket shall, upon mutual agreement, be held in abeyance at Step 3 until resolution of the national interpretive dispute. Said grievances should not be referred/appealed to Step 4 merely because the parties cannot agree on whether the specific interpretive issue is fairly presented in the local grievance.
- Ordering of those cases elected for priority scheduling shall be accomplished in the following manner: during each calendar year, the first case to be heard of the possible four such cases will be that case which has the earliest appeal to arbitration date. If this first case was selected for priority scheduling by the Union, the second case will be the Employer’s priority case with the earlier appeal date, the third will be the Union’s remaining case, and the fourth the Employer’s remaining case. If the first case (the case with the earliest appeal date of the parties’ four cases) is a case selected for priority scheduling by the Employer, the ordering process described above will be reversed. Unless the parties mutually agree otherwise, any priority cases remaining on the docket from prior calendar year(s) shall remain in their respective positions on the docket, with the newly-selected priority cases scheduled behind them in the above-described order.
- The timing for any pre-arbitration discussions;
- Whether cases should be placed on a scheduling letter before any such pre-arbitration discussion is held;
- Procedures to address a refusal by any party to conduct a pre-arbitration discussion; and
- The process for scheduling cases following the completion of the pre-arbitration discussion
- The number of cases that shall be placed on a scheduling letter;
- The terms of arbitrator contracts, including the appropriate timeframe in which cancellation fees are owed to the arbitrator; and
- The circumstances under which one party or the other would be fully responsible for the payment of any cancellation fees.
- Have an issue date prior to the effective date of the 2022 National Agreement between the parties;
- Have been in effect for 6 months or longer and not cited as an element of prior discipline in any subsequent disciplinary action; and
- Not have been issued in lieu of a suspension or a removal action.
- Salary History File
- Hours History File
- Employee Master File
- W 2 Information/Gross Salary File
MOU Mail Handler Assistant (MHA) Separations and Re-Appointments[edit]
The parties recognize the Employer has historically provided qualified and available career employees with work at the straight time rate prior to assigning such work to non-career employees. MHAs, although non-career, have a career path. MHAs are separated for five days between appointments.
Separations of MHAs for lack of work before the end of their term shall be by inverse relative standing on the appropriate MHA roll and such separations are not grievable except where the separations are alleged to be pretextual. If an MHA is being considered for non-reappointment solely due to lack of work and one or more MHAs with lower relative standing are employed at the site, then the MHA with the lowest relative standing is to be separated and the MHA being considered for non-reappointment is to be reappointed.
MHAs separated for lack of work before the end of their term will be given reappointment ahead of other MHAs with less relative standing on the MHA roll provided the need for hiring arises within (1) year of the separation. MHAs who meet these conditions, will be offered the opportunity for appointment in inverse order of their separation.MOU re: MHA Automatic Conversion to Career[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union agree that Mail Handler Assistants (MHAs) in 200 work year offices who reach 24 months of relative standing will be converted automatically to full time career and be subject to the step placement and corresponding progression as outlined below. Any MHA automatically converted to career status under this MOU will not be required to serve a probationary period.
A new entry step will be established for MHAs automatically converting after 24 months of relative standing in Grades 4 and 5. The new entry step waiting period will be determined per grade using step waiting periods as established in Article 9.2B of the 2022 National Agreement. The new entry step for MHAs automatically converting after 24 months of relative standing will be set as follows: at Grade 4, $40,417 (Annual), $19.43 (Hourly); at Grade 5, $42,022 (Annual), $20.20 (Hourly). Any contractual wage increase received by career employees up until the implementation of this new step (Under Article 9.1 and 9.3) will apply to these rates for each respective grade. The new entry step will not apply to Full Time Regular (FTR), Part Time Regular (PTR), or Part Time Flexible (PTF) employees in Grades 4 and 5, and will not be added to the FTR pay schedule. However, after the appropriate step waiting period in the new entry step (see Article 9.2B) of 48 weeks, automatically converted MHAs will progress into the Article 9.2B pay schedule.
The new entry step will receive COLAs calculated using the current formula in 9.3C, adjusted proportionally to 57.50%. In 200 work year offices, automatically converted MHAs will convert to Full Time Flexible (FTF). The new FTF employee category is deemed to be part of the regular work force in the full time category as set forth in Articles 6.1A2 and Article 7.1A, and will only be used for MHAs who auto convert. FTF employees will have flexible reporting times, flexible non-scheduled days, and flexible reporting locations within the installation depending on operational requirements as established on the Wednesday preceding the service week. The work schedules for FTFs will consist of five workdays per week, eight hours per day with two consecutive rest days.
The slotting provisions for 24 month automatic MHA conversions do not apply to MHA conversions occurring before the MHA reaches 24 months of relative standing. Any conversions occurring before reaching 24 months of relative standing will be done consistent with relevant contractual provisions, including the Filling of Residual Vacancies Memorandum of Understanding (MOU) and the Mail Handler Assistants MOU Section 1(a)(g) and Section 3(D).
MHAs who automatically convert to FTF after 24 months of relative standing and who later transition to FTR positions will be slotted into the FTR pay step commensurate with their number of weeks as a FTF and will retain time in step credit. For example, an MHA who reaches 24 months of relative standing and converts to FTF at the beginning of Pay Period 02 will slot into the new entry and will advance to Step AA at the beginning of Pay Period 26. If in Pay Period 11 of that same year, the FTF, before completing 48 weeks, successfully bids on a FTR duty assignment or is placed into a residual vacancy, the employee will slot into Step AA upon placement into the FTR duty assignment or residual vacancy and will retain time step credit. Under this scenario, the employee will advance to Step A in Pay Period 26.
Conversions to career and the above described associated step changes and employee classifications will be completed no later than the first full pay period six (6) months after NPMHU ratification of the 2022 National Agreement.MOU One-Time MHA Conversion[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL- CIO, agree to the following:
MOU Cross Craft[edit]
It is understood by the parties that in applying the provisions of Articles 7, 12 and 13 of this Agreement, cross craft assignments of employees, on both a temporary and permanent basis, shall continue as they were made among the six crafts under the 1978 National Agreement. § 7.3.i NA2022 Formatting § 8.5.i NA2022
MOU Night Shift Differential[edit]
The flat dollar amount at Steps A through P at each pay grade for night shift differential in Tables Three and Four shall be increased by the following amounts:
The flat dollar amount at Step A for Table Three and Steps BB and AA for Table Four at each pay grade for night shift differential in Tables Three and Four shall be increased by the following amounts:
All increases will be applied to the most recent night shift differential table preceding the increase.
MOU Promotion Pay Anomaly[edit]
In recognition of the need to correct the promotion pay anomaly contained in the current salary schedule, the Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to meet and to continue their discussions with respect to this matter with the ultimate goal of correcting the promotion pay anomaly by creating a new salary schedule and related administrative rules as soon as practicable.
The new salary schedule will contain the following features:In recognition of the administrative burdens in processing employee pay changes (promotions, higher level pay, repromotions, change to lower level, etc.) to the extent practical, the parties agree that the Postal Service will implement new and simplified administrative rules to be set forth in the Employee and Labor Relations Manual as soon as practicable.
MOU re: Salaries and Wages, Mail Handler Assistant Employees[edit]
Article 9 Section 7. Mail Handler Assistant Employees
In addition to the general increases provided in Article 9.1, MHAs will receive an increase of 1.0% annually, for a total of 2.3% effective November 19, 2022, 2.3% effective November 18, 2023, and 2.3% effective November 16, 2024.
All percentage increases are applied to the wage rates in effect on September 20, 2022.
In addition, the current MHA rate for Grade 4 and Grade 5 will be increased by $0.50 effective (PP25-2022) November 19, 2022.NA2022 Page 144 Memo on MHA wage increases
MOU re: PTF Annual Leave[edit]
The parties agree that forty (40) hours of annual leave will be advanced to part-time flexible (PTF) employees, prorated to the end of the leave year for their first leave year as a PTF, and annually thereafter, unless and until the employee converts to full-time status. Formatting § 10.2.ii NA2022 Formatting § 10.2.iii NA2022 Formatting § 10.2.iv NA2022
MOU Bereavement Leave[edit]
NPMHU represented employees may use a total of up to three workdays of annual leave, sick leave or leave without pay, to make arrangements necessitated by the death of a family member or attend the funeral of a family member. Authorization of leave beyond three workdays is subject to the conditions and requirements of Article 10 of the National Agreement, Subsection 510 of the Employee and Labor Relations Manual and the applicable local memorandum of understanding provisions.
Definition of Family Member. “Family member” is defined as a:The in-laws referenced in this MOU applies to children, including adopted children, stepchildren, and spouses thereof; spouse and parents thereof; and brothers and sisters and spouses thereof.
Use of Sick Leave. The use of sick leave for bereavement purposes will be charged to sick leave for dependent care.
Documentation. Documentation evidencing the death of the employee’s family member is required only when the supervisor deems documentation desirable for the protection of the interest of the Postal Service.
(The preceding MOU, Bereavement Leave, shall apply to Mail Handler Assistants)MOU Annual Leave Carry-Over[edit]
The parties agree that, as soon as practicable after the signing of the 1990 National Agreement, the applicable handbooks and manuals will be modified to provide revised regulations for annual leave carryover as follows:
Formatting § 10.6.i NA2022 Formatting § 10.6.ii NA2022 Formatting § 10.6.iii NA2022 Formatting § 10.6.iv NA2022 Formatting § 10.6.v NA2022 Formatting § 10.6.vi NA2022 Formatting § 10.2.vii NA2022
MOU Holiday Scheduling[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to the following regarding the scheduling of holidays:
MOU Joint Task Force on Article 12[edit]
The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award: Whether management should notify the union when an installa- tion is released from withholding, in whole or in part Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing through the grievance and arbitration process. 175 MEMORANDUM OF UNDERSTANDING JOINT TASK FORCE ON ARTICLE 12 The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award: Whether management should notify the union when an installa- tion is released from withholding, in whole or in part Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing thro
MOU Involuntarily Reassigned[edit]
Under Article 12.6B1, the dislocation and inconvenience to full-time em- ployees and part-time flexible employees who are being involuntarily reassigned shall be kept to the minimum consistent with the needs of the service. In addition, under Article 12.6B2, the Vice President, Area Oper- ations shall give full consideration to withholding sufficient full-time posi- tions and part-time flexible positions within the area for full-time employ- ees and part-time flexible employees who may be involuntarily reassigned. The Joint Task Force on Article 12 shall meet after the effective date of this Agreement to explore ways to reduce unnecessary impact on career employees while maintaining utilization of the non-career workforce
MOU Section 12.3 Principles of Posting[edit]
When either Article 12.3B4, B5 or B6 are applicable, requiring a bid to be reposted while the total number of bids in the section remains the same, an expedited selection process shall be applied. The duty assignments en- cumbered by the employees junior to the senior employee whose bid is reposted will be offered, in seniority order, to the employees remaining in the section beginning with the senior employee whose bid is reposted. An employee(s) declining to make a selection when canvassed shall be as- signed to the duty assignment(s) remaining in the section after the expe- dited selection process has been completed. The results of the above listed actions shall be effective at the beginning of the succeeding pay period. The bid being reposted in accordance with Article 12.3B4, B5 or B6 will be posted for the installation and not included in the expedited selection process. After the expedited bidding process, the junior employee left without a duty assignment shall retain the right to retreat to the section from which withdrawn as detailed in Section 12.6C4c.
MOU RE: Excessing Issues[edit]
This Memorandum of Understanding (MOU) represents the parties’ agreement with regard to mail handler employees who are being involun- tarily reassigned into mail handler craft vacancies in other installations, after being excessed from their present installation. 1. Mail Handlers will be placed into mail handler vacancies at the gaining installation at the same, higher, or lower level for which they are qualified. 2. Mail Handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time employee, part- time regular, part-time flexible), without concern to level. 3. If a veteran preference eligible is reached when assigning im- pacted or unassigned employees to lower level duty assignments the following will apply: a. The most junior non-preference eligible same lev- el mail handler in the gaining installation shall be reassigned to the lower level vacancy. b. The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler. c. Any employee reassigned to a lower level duty as- signment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade. d. The non-preference eligible mail handler moved to the lower level duty assignment shall have retreat rights back to the former duty assignment the first time it becomes vacant. e. A veteran preference eligible mail handler for per- sonal convenience may waive the right to appeal through the grievance process, to the Equal Employment Opportunity Commission, and/or to the Merit Systems Protection Board and select a duty assignment at a lower level with saved grade with the same saved grade in 3c above. f. If no Level 5 vacancies exist, or if all Level 5 oc- cupied positions at the gaining installation are occupied by veteran preference eligible mail handlers, the withholding ra- dius will be expanded to allow for placement unless the veter- an preference eligible applies 3e above. 4. The Regional Director for the National Postal Mail Handlers Union (NPMHU) will receive at least 30-days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted em- ployees will receive the same notice at least 30 days in advance. 5. The Regional Director for the NPMHU will receive at least 60-days notice for excessing outside of the installation where employee relocation benefits are applicable. Such notice shall include a list of potential vacan- cies for reassignments. Impacted employees will receive the same notice at least 60 days in advance. 6. Impacted mail handlers, and senior in lieu of volunteers, may be placed as unassigned regular mail handlers in the gaining installation (A Level 5 veteran preference employee who has been involuntarily excessed will be subject to paragraph 3 above), provided that local management has completed a bid management review with area concurrence and sufficient vacancies will be available for placement of all such unassigned regular employees (regardless of level) within three months of the date the em- ployees were placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immediately placed into the first available residual vacancy by management in accordance with the provi- sions of Article 12 of the National Agreement, provided that Level 5 vet- eran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacancies or in accordance with para- graph 3. 7. The Postal Service (USPS) has agreed to develop an enhancement to eReassign to enable mail handlers from an impacted installation to receive priority consideration for a voluntary transfer. Management will accept the employee at the gaining installation without a review. However, regu- lar transfer rules concerning other issues such as seniority, status, no relo- cation benefits, and no retreat rights will continue pursuant to items F, G, H, and I of the MOU, Re: Transfers. 8. Any disputes arising from the terms of this MOU, or other Article 12 local issues, will be resolved by the National NPMHU-USPS Article 12 Task Force. If the Article 12 Task Force cannot agree upon a resolution, either party may declare an impasse. Each party will identify the issue in dispute in writing within 30 days after the declared impasse on the subject. The identified dispute will then be placed on the appropriate arbitration docket.
MOU “SAME OR LOWER” LEVEL[edit]
For purposes of implementing “same or lower” level or “same or lower” salary level under the National Agreement, in Articles 6, 12, and 13, the parties agree that MH Level 4 is the same level as PS Level 5 and that MH Level 5 is the same level as PS Level 6. Exhibit 418.1, Equivalent Grades, of the ELM and other ELM provisions, as necessary, will be amended accordingly.
MOU Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers[edit]
In their 2006 National Agreement, the parties agreed to a Joint Task Force on Article 12 for the purpose of discussing and reviewing issues that arise as a result of implementing the provisions of Articles 12.5 and 12.6. In addition, in August 2009, the parties agreed to a Memorandum of Under- standing, Re: One-Time Retirement Incentive, as well as a moratorium on excessing from the date of that MOU through October 9, 2009. The par- ties also recognized that they might need to discuss application or modifi- cation of the requirements under Article 12 based on the impact of that MOU. The parties have continued to meet at the National level, and have reached the following additional agreements with regard to Mail Handler employ- ees in installations experiencing excessing from the installation who seek transfer opportunities under Article 12 and the MOU on Transfers. 1. All Mail Handler employees in the installation, including those em- ployees experiencing excessing from the installation, may voluntarily submit a request for transfer through eReassign. These employees will be placed on a preferred listing within eReassign by date order. These volun- teers will be allowed to transfer out of their impacted installation in ac- cordance with the MOU on Transfer Opportunities to . Affected employees requesting transfer must meet the mini- mum qualifications for the position being considered. B. In accordance with applicable provisions of the EL-312 Hand- book, nepotism rules are still in effect. C. The following sections of the Memorandum of Understanding, Re: Transfers (pages 128-130 of the 2006 National Agreement) are modified in order to accommodate transfer opportunities to mini- mize excessing. Specifically: (1) Sections B & C (page 128) — Ratios contained in the Transfer MOU are not applicable to affected employees applying for transfer as a result of impending excessing. (2) Section D (page 129) — Affected employees work, attend- ance, and safety records will not be considered when applying for transfer as a result of impending excessing. (3) Section E (page 129) — A minimum of 30 days notice to the losing installation will be afforded if possible. Neither the gaining nor losing installation can place a hold on the employee. The affect- ed employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of trans- fer to coincide with the start of a pay period at the gaining installa- tion. The losing installation will coordinate between the employee and the gaining installation. D. The Postal Service will not provide affected employees request- ing a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized va- cancies will post them in eReassign as Reassignment Opportunities. Employees can request reassignment to these specific positions. It is the responsibility of the affected employee requesting a transfer to check on a regular basis in eReassign for Reassignment Opportuni- ties. Employees may also request transfers to offices that do not have reassignment opportunities listed on eReassign. 2. Selections by installations accepting transfer requests will be on a seniority basis using craft installation seniority from the losing instal- lation. A. In the event of a seniority tie, the tie breaker method will be as follows: (1) total career postal time, and (2) entered on duty date. B. An employee’s seniority in the gaining installation is estab- lished by the National Agreement based on the employee being a voluntary transfer (not excessed) employee. 3. An employee accepting a transfer under the priority consideration will have his/her name removed from the priority eReassign pending request list at all locations. Affected employees requesting a transfer can change their mind and decline a transfer opportunity before they receive written notice of their report date to the new in- stallation. By doing so, the affected employee’s name will be re- moved from the priority eReassign pending request list at the de- clined location. 4. Simultaneous (duplicate) requests for transfer by the same em- ployee to the same craft and installation in eReassign are not permit- ted. 5. Employees may receive a printed confirmation of their request through eReassign. 6. In installations under Article 12 withholding, withheld Mail Handler vacancies are not available for transfer requests. 7. As a result of the MOU, there are no changes to the Article 12 time frames for notification to the union. 8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Administrative Committee. 9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation
MOU Workforce Repositioning[edit]
The parties are committed to work together to the extent it becomes neces- sary to close or consolidate postal plants or other facilities. The parties will explore available options that can address related workforce issues. The Postal Service will meet with the Union at the national level to dis- cuss plans to close or consolidate postal plants or other facilities and to discuss and consider changes to such plans based on input from the Union. Those discussions will include appropriate consideration of the principles and requirements of the applicable provisions of Article 12, including the principle that, in effecting reassignments and dislocation and inconven- ience to employees shall be kept to a minimum, consistent with the needs of the Postal Service. Nothing in this memorandum is intended to negate or alter the applicable requirements of Article 12 of the National Agreement. This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement
MOU Page 181[edit]
§ 12.3.E4.ix NA2022 § 12.3.E4.x NA2022 § 12.3.E4.xi NA2022 § 12.3.E4.xii NA2022
LOI Letter on Article 15 Issues[edit]
John F. Hegarty
National President
National Postal Mail Handlers Union, AFL-CIO
1101 Connecticut Avenue, NW, Suite 500
Washington, DC 20036-4304
Dear Mr. Hegarty:
During negotiations over the terms of the 2006 National Agreement between the National Postal Mail Handlers Union and the U.S. Postal Service, the parties reached the following understandings with regard to the changes made to Article 15.3D and Article 15.4D2.
Valerie E. Martin
Manager, Contract Administration NPMHU
U.S. Postal ServiceMOU Article 15 (MAP)[edit]
The parties agree to continue piloting the Modified Arbitration Procedure (MAP). Locations for further implementation of the MAP will be subject to mutual agreement of the parties.
This Memorandum of Understanding shall be effective during the term of the 2022 National Agreement.MOU Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center[edit]
The parties agree to establish at the National level a “Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center.”
The Task Force will discuss the feasibility and the means by which such a pilot would be conducted.
Nothing in the memorandum is intended to negate or alter the applicable requirements of the National Agreement.LOI Article 15.2 Step 3[edit]
The Arbitration Panel orders the parties to establish a Step 3 Scheduling Task Force to determine the most efficient location in which Step 3 meetings are to be held.
MOU Pre-Arbitration Discussions[edit]
The Arbitration Panel directs the parties to discuss whether to make changes to the pre-arbitration discussion set forth in Article 15.4(B)(5). Such discussions shall include, but are not limited to, the consideration of the following issues:
MOU re: Arbitration Scheduling Letter[edit]
The Arbitration Panel directs the parties to discuss the creation of a pilot program to address issues regarding the number of cases to be placed on a scheduling letter and the withdrawal, postponement, or referral of grievances that have been placed on a scheduling letter for arbitration. Such discussions shall include, but are not limited to, the consideration of the following issues:
MOU Step 4 Procedures[edit]
This memorandum represents the parties' agreement with regard to withdrawing a grievance from regional arbitration and referring it to Step 4 of the grievance procedure.
If a case is withdrawn from regional arbitration, referred to Step 4, and then remanded as noninterpretive, it will be returned directly to regional arbitration to be heard before the same arbitrator who was scheduled to hear the case at the time of the referral to Step 4. The case will be scheduled on that arbitrator's next available date (i.e., the next date for which cases have not already been scheduled.) Additionally, if the hearing had opened, the case will be returned to the same stage of arbitration. If the case had not previously been scheduled for an arbitration hearing, it will be given priority scheduling, such that the case will be heard in the same order which would have applied if the case had not been withdrawn and referred. In the event that the case would already have been heard had it not been withdrawn and referred, then the case will be heard as the next case on the appropriate docket.MOU Purge of Warning Letters[edit]
The parties agree that there will be a one-time purge of Official Disciplinary Letters of Warning from the personnel folders of all employees represented by the National Postal Mail Handlers Union. To qualify to be purged, a Letter of Warning must:
All grievances associated with discipline that is purged as a result of this Memorandum shall be withdrawn.
(The preceding MOU, Purge of Warning Letters, shall apply to Mail Handler Assistant employees.)MOU Task Force on Discipline[edit]
The parties agree to establish at the national level a "Task Force on Discipline." The Task Force shall have three (3) representatives of the Union and three (3) representatives of the USPS. The purpose of the Task Force shall be to study the manner in which discipline is administered by the USPS, the manner in which disputes about discipline are handled by the parties, and to recommend changes and improvements which can be made in the discipline and dispute resolution systems. The Task Force is authorized, at its discretion, to conduct tests of alternative discipline and dispute resolution systems in various facilities. The Task Force shall convene periodically but at least quarterly, at such times and at such places as it deems appropriate during the term of the 2022 National Agreement. No action or recommendations may be taken by the Task Force except by an agreement of the parties. Nothing herein shall preclude any of the parties from exercising the rights which they may otherwise have.
MOU Modified Discipline Programs[edit]
The parties agree to continue with the testing of Modified Article 16. The purpose and format of Modified Article 16 shall remain the same as it was originally developed under the Task Force on Discipline, unless changed by the Task Force. Those sites which are currently involved in the testing of Modified Article 16 shall continue with the testing, unless the local parties notify the Task Force on Discipline to the contrary, in accordance with the stated guidelines as developed by the Task Force.
This Memorandum of Understanding will terminate upon the expiration of the 2022 National Agreement.MOU Role of the Inspection Service in Labor Relations Matters[edit]
The parties recognize the role of the Postal Inspection Service in the operation of the Postal Service and its responsibility to provide protection to our employees, security to the mail and service to our customers.
Postal Inspection Service policy does not condone disrespect by Inspectors in dealing with an individual. The Postal Inspection Service has an obligation to comply fully with the letter and spirit of the National Agreement between the United States Postal Service and the National Postal Mail Handlers Union, and will not interfere in the dispute resolution process as it relates to Articles 15 and 16.
The parties further acknowledge the necessity of an independent review of the facts by management prior to the issuance of disciplinary action, emergency procedures, indefinite suspensions, enforced leave or administrative actions. Inspectors will not make recommendations, provide opinions, or attempt to influence management personnel regarding a particular disciplinary action, as defined above.
Nothing in this document is meant to preclude or limit Postal Service management from reviewing Inspection Service documents in deciding to issue discipline.MOU Step Increase, Unsatisfactory Performance[edit]
The Parties agree that periodic step increases will not be withheld for reason of unsatisfactory performance and that all other aspects of the current step increase procedures remain unchanged, unless otherwise provided for by the 2022 National Agreement.
MOU Article 16 Privacy in the Disciplinary Process[edit]
We agree with the principle that when it is necessary for a supervisor to take corrective action under the discipline procedure, such action between the supervisor and the employee should be private and should be conducted in an environment which does not compromise that privacy. While the use of an office in which only the participants are present is the preferred situation, it is recognized that other alternatives may be necessary.
Regardless of the situation, we agree that disciplinary matters between a supervisor and an employee must be done in a manner that would not compromise this principle.
The use of a witness to confirm the delivery of a disciplinary notice or, when appropriate, the presence of a steward when requested by the employee, is not considered a violation of this principle.MOU On-the-Job Instructions Compensation[edit]
The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree that employees in the mail handler craft who are certified by the PEDC to act as on-the-job instructors will be compensated at one level higher pay grade than their current bid position while performing in that capacity.
MOU Article 31 – Electronic Communication/Accounting Period Report[edit]
Pursuant to the provisions of Article 31 of the National Agreement, the Employer shall, on an accounting period basis, provide the Union with an electronic communication containing the following information on those in the bargaining units:
1. SSN 14. Rate Schedule 2. Last Name 15. Nature of Action 3. First Initial 16. Effective Date 4. Middle Initial 17. Pay Grade 5. Address 18. Pay Step 6. City 19. Health Benefit Plan 7. State 20. Designation Activity 8. ZIP Code 21. Enter on Duty Date 9. Post Office Name 22. Retire on Date 10. PO State 23. Layoff 11. PO ZIP 24. Occupation Code 12. PO Finance Number 25. Pay Location 13. PO CAG Social Security Numbers (SSNs) will continue to be provided to the National Office of the National Postal Mail Handlers Union. The NPMHU will ensure that all SSNs provided will be kept confidential. Employee Identification Numbers (EINs) will be provided to the National Office of the NPMHU, and in place of SSNs to Union Officials at the Local Level.
LOI Article 31 - Information/Reports[edit]
As a result of the discussions held regarding Article 31 of the National Agreement, the Employer shall provide to the Union the information and reports listed below at the frequency designated. The Union shall compensate the Postal Service for its actual costs associated with the systems, programming and production, unless specifically indicated otherwise.
The information and reports shall be provided through the Office of the Vice President, Labor Relations, at the costs and frequencies listed below:INFORMATION COST FREQUENCY 1. ORPES Report No Cost Accounting Period 2. National Payroll
Hours Summary ReportNo Cost Accounting Period 3. 200 Man Year Report No Cost Accounting Period 4. Listing of Associate
Offices, Districts, AreasNo Cost Accounting Period 5. Dues Check Off With
Full First Name and Union
Anniversary DateNo Cost Pay Period 6. Safety Data from Form
1769 employee
identification;
with scrambled social
security numbers)
Actual cost
not to ex-
ceed $2500Annual 7. Financial and Operations
Statement SummaryNo Cost Accounting Period Additionally, in January of each year of this Agreement, the Postal Service shall provide the Union, at its request, with electronic communication containing the information it agreed to provide it on its membership in 2022 from the following files:
All actual costs associated with the systems, programming and production of the information shall be borne by the Union, although the Postal Service shall make reasonable efforts to retain and reuse the computer programs used in previous years.
Since the methods, means and types of information collected by the Postal Service are subject to change, the availability of any information or reports are dependent solely on the Postal Service's determination to keep such records.MOU Article 32[edit]
In addition to the cap on MHAs set forth in paragraph 7.1B3 above, the parties may agree upon the use of additional MHAs in other circumstances when new or contracted work is brought in-house. In addition, whenever contracting-out or in-sourcing is under consideration, the Union may propose different hourly rates for such MHAs to ensure competitiveness with outside services.
Under the 2022 National Agreement, the parties commit to re-establishing their Subcontracting Committee and continuing their discussions about the possibility of returning mail handler work from Surface Transportation Centers (STC), Mail Transport Equipment Service Centers (MTEC), and the bedloading project. The Committee will consider all relevant factors when discussing the issue outlined above, to include cost, operational efficiency, availability of equipment, and qualification of employees. In addition, any MHA employees utilized as referenced in paragraph 1 will not count against existing non-career caps.Mail Processing Work Assignment Guidelines[edit]
U.S. Postal Service
November 15, 1978(The June 15, 1979 (1096-PO-209) Revision to the Mail Processing Work Assignment Guidelines (1085-PO-204) have been incorporated herein.) Formatting Post Office PCD NA2022
Bulk Mail Centers - Primary Craft Designations[edit]
In Bulk Mail Centers, where the tasks of transporting empty equipment and mail, as well as other ancillary activities, are an integral part of the distribution function and cannot be separated, the entire operation is a function of the primary craft performing the distribution. Operation Function Primary Craft
Operation Function Primary Craft Operation Function Primary Craft Inbound Docks 1. Unload vehicles. Mail Handler 2. Stage and transport pallets. Mail Handler 3. Dumping hampers. Mail Handler 4. Culling. Mail Handler 5. Minor on-site parcel repairs. Mail Handler 6. Vehicle record keeping. Clerk 7. Weigh and acceptance. Clerk Outbound Docks 1. Load vehicles. Mail Handler 2. Culling. Mail Handler 3. Roller table separations. Mail Handler 4. Tend missent/malfunction chutes. Mail Handler 5. Stage and transport containers. Mail Handler 6. Vehicle record keeping. Clerk Primary Parcel Sorting 1. Facing and keying. Clerk 2. Culling at parcel induction stations. Clerk 3. Minor on-site repairs/bag damage. Clerk 4. Sort foreign mail. Clerk 5. Distribution at roller tables to sacks/containers. Clerk 6. Distribution at missent/malfunction chutes. Clerk 7. Container loader tending. Mail Handler 8. Obtaining and moving empty equipment. Mail Handler Secondary Parcel Sorting 1. Facing and keying. Clerk 2. Culling for minor onsite repairs. Clerk 3. Distribution of parcels to sacks/containers. Clerk 4. Container loader tending. Mail Handler 5. Obtaining and moving empty equipment. Mail Handler Rewrap IPPs and Non-ZIP Coding 1. Sack sorting keying. Mail Handler 2. Culling and on-site parcel repairs. Mail Handler 3. Tend missent/malfunction chutes. Mail Handler 4. Rewrap. Mail Handler 5. ZIP Coding unzipped mail. Clerk 6. Dumping hampers, sacks, etc. Mail Handler 7. Culling of irregular parcels. Mail Handler 8. Sorting of irregular parcel. Clerk 9. Empty equipment handling. Mail Handler 10. Transport sacks/containers. Mail Handler 11. Sack sorter run out tending. Mail Handler Sack Shakeout, Container Dumping 1. Sack shakeout. Mail Handler 2. Container dumping. Mail Handler 3. Culling for nonmachinable mail and damaged parcels. Mail Handler 4. Empty sack processing. Mail Handler Loose in Mail 1. Sort, match and recordkeeping. Clerk 2. Collect and transport. Mail Handler 3. Culling and trash screening. Mail Handler NMO 1. NMO sorting. Mail Handler 2. Transporting containers and empty equipment. Mail Handler Outgoing IPP Opening and Distribution 1. Dumping containers, racks, pallets. Mail Handler Culling and bundle repair. Mail Handler 2. Distribute second-and third-class to sacks and containers. Clerk 3. Empty equipment handling. Mail Handler 4. Transport sacks, containers, pallets. Mail Handler