Section 1.6 NA2019

Section 1.6 Performance of Bargaining Unit Work

Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except:
1. in an "emergency" which is defined to mean an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature;
2. for the purpose of training or instruction of employees;
3. to assure the proper operation of equipment;
4. to protect the safety of employees; or
5. to protect the property of the USPS.
1. 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.) [See Memo, page 129]

MEMORANDUM OF UNDERSTANDING SUPERVISORS PERFORMING BARGAINING UNIT WORK

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

CIM

Question: What is the remedy when a supervisor performs bargaining unit work in violation of Section 1.6A? Answer: Except where the time involved is de minimis, the employee(s) who would have been assigned the bargaining unit work will be paid at the applicable rate for the additional work hours that would have been assigned to the bargaining unit employee(s) but for the violation. Question: Does a union representative have a basis for filing a grievance when he/she believes that a supervisor is performing bargaining unit work in violation of Section 1.6, where the work in question is properly assigned to another craft? Answer: In keeping with the exclusions outlined in Section 1.2, in those circumstances in which there is no dispute that the work in question is properly assigned to another craft (e.g., the work is properly assigned to the clerk craft under the provisions of RI 399), the union representative would have no basis to file a grievance over the supervisor’s performance of that work.