NPMHU 2019 National Agreement: Difference between revisions

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(Replaced content with "{{:Preamble}} {{:Article 1 Union Recognition}} {{:ARTICLE 2 Non-Discrimination and Civil Rights}} {{:Article 3 Management Rights}} {{:Article 4 Technological and Mechanization Changes}} {{:Article 5 Prohibition of Unilateral Action}} {{:Article 6 Layoff and Reduction in Force}} {{:Article 7 Employee Classifications}} {{:Article 8 Hours of Work}} {{:Article 9 Salaries and Wages}} {{:Article 10 Leave}} {{:Article 11 Holidays}} {{:Article 12 Principles of Seniority Post...")
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{{:Preamble}}
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==ARTICLE 1 UNION RECOGNITION ==
{{:Article 1 Union Recognition}}
{{:Article 1 Union Recognition}}
== ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS ==
{{:ARTICLE 2 Non-Discrimination and Civil Rights}}
{{:ARTICLE 2 Non-Discrimination and Civil Rights}}
== ARTICLE 3 MANAGEMENT RIGHTS ==
{{:Article 3 Management Rights}}
{{:Article 3 Management Rights}}
== ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES ==
{{:Article 4 Technological and Mechanization Changes}}
{{:Article 4 Technological and Mechanization Changes}}
== ARTICLE 5 PROHIBITION OF UNILATERAL ACTION ==
{{:Article 5 Prohibition of Unilateral Action}}
{{:Article 5 Prohibition of Unilateral Action}}
== ARTICLE 6 LAYOFF AND REDUCTION IN FORCE ==
{{:Article 6 Layoff and Reduction in Force}}
{{:Article 6 Layoff and Reduction in Force}}
{{:Article 7 Employee Classifications}}
{{:Article 7 Employee Classifications}}
{{:Article 8 Hours of Work}}
{{:Article 8 Hours of Work}}
{{:Article 9 Salaries and Wages}}
{{:Article 9 Salaries and Wages}}
=== Section 9.3 Cost of Living Adjustment ===
{{:Article 10 Leave}}
<ol style="list-style-type:upper-alpha">
{{:Article 11 Holidays}}
  <li>A Definitions;
      <ol style="list-style-type:decimal">
    <li>"Consumer Price Index" refers to the "National Consumer Price Index for Urban Wage Earners and Clerical Workers," published by the Bureau of Labor Statistics, United States Department of Labor (1967=100) and referred to herein as the "Index."
    <li>"Consumer Price Index Base" refers to the Consumer Price Index for the month of July ‘’’2019’’’ and is referred to herein as the "Base Index."
        </li>
      </ol>
  </li>
  <li> Effective Dates of Adjustment;
Each eligible employee covered by this Agreement shall receive cost-of-living adjustments, upward, in accordance with the formula in 4.C, below, effective on the following dates:
: - the second full pay period after the release of the January <b>2020</b> Index
:- the second full pay period after the release of the July <b>2020</b> Index
:- the second full pay period after the release of the January <b>2021</b> Index
:- the second full pay period after the release of the July <b>2021</b> Index
:- the second full pay period after the release of the January <b>2022</b> Index
:- the second full pay period after the release of the July <b>2022</b> Index</li>
  <li>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 2020’’’ to ‘’’July 2020’’’ is 1.2 points, pay scales for employees <b>in Table One and Step P of Table</b> 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 decrease in the pay scales provided for in this Agreement. Steps BB through O in the basic salary schedules provided for in Table Two of this Agreement shall receive COLAs calculated using the formula in this paragraph, adjusted proportionally as reflected in Table Two. </li>
  <li>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 pay- roll period after publication of the appropriate Index.</li>
  <li>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.</li>
  <li> If during the life of this Agreement, the BLS ceases to make avail- able 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 adjustment that would have been granted under the formula using the CPI-W (1967=100).</li>
</ol>
=== Section 9.4 Application of Salary Rates ===
Except as provided in this Article, the Employer shall continue the current application of salary rates for the duration of this Agreement.
=== Section 9.5 Granting Step Increases ===
Except as provided in this Article, the Employer will continue the program on granting step increases for the duration of this Agreement.
=== Section 9.6 Protected Salary Rates ===
<ol style="list-style-type:upper-alpha">
  <li>The Employer shall continue the current salary rate protection program for the duration of this Agreement.</li>
  <li>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.</li>
</ol>
[See Memo, page 150]
=== Section 9.7 Mail Handler Assistant Employees ===
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 2.1% effective November ‘’’23, 2019, 2.0%’’’ effective November ‘’’21, 2020,’’’ and ‘’’2.0%’’’ effective November ‘’’20, 2021’’’.
All percentage increases are applied to the wage rates in effect on ‘’’September 20, 2019’’’.
 
<div class="toccolours mw-collapsible mw-collapsed">
Annual Rate and Differential
<div class="mw-collapsible-content">
  <table>
    <tr>
      <td>Schedule 1</td>
      <td>[[File:9.7 Table 1.png|500px]]</td>
      <td>[[File:9.7 Table 3.png|400px]]</td>
    </tr>
    <tr>
      <td>Schedule 2 and MHA</td>
      <td>[[File:9.7 Table 2.png|500px]]</td>
      <td>[[File:9.7 Table 4.png|400px]]</td>
    </tr>
  </table>
</div></div>
[See Memo, page 134]
 
== ARTICLE 10 LEAVE ==
=== Section 10.1 Funding ===
The Employer shall continue funding the leave program so as to continue the current leave earning level for the duration of this Agreement.
=== Section 10.2 Leave Regulations ===
<ol style="list-style-type:upper-alpha">
  <li>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.
  </li>
  <li>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.
  </li>
  <li>Article 30 of the National Agreement and Local Memoranda of Under- standing provisions do not apply to MHAs, except as specifically referenced in the 2019 National Agreement and as follows: During the local imple- mentation 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.
  </li>
</ol>
(The preceding Section, Article 10.2, shall apply to Mail Handler Assistant employees.)
[See Memos, pages 151-158]
=== Section 10.3 Choice of Vacation Period ===
<ol style="list-style-type:upper-alpha">
  <li>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.
  </li>
  <li>Care shall be exercised to assure that no employee is required to forfeit any part of such employee's annual leave.
  </li>
  <li>The parties agree that the duration of the choice vacation period(s) in all postal installations shall be determined pursuant to local implementation procedures.
  </li>
  <li>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.
  </li>
  <li>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.
  </li>
  <li>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.
  </li>
</ol>
 
=== Section 10.4 Vacation Planning ===
The following general rules shall be observed in implementing the vacation planning program:
<ol style="list-style-type:upper-alpha">
  <li>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.
  </li>
  <li>The installation head shall meet with the representative of the Un- ion 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).
# Provide official notice to each employee of the vacation schedule approved for each employee.
  </li>
  <li>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.
  </li>
  <li>All advance commitments for granting annual leave must be honored except in serious emergency situations.
  </li>
</ol>
=== Section 10.5 Implementation of the Leave Program ===
<ol style="list-style-type:upper-alpha">
  <li>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.
  </li>
  <li>The vacation sign up list, after the initial sign up period, shall be maintained at a location accessible to employees.
  </li>
  <li>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.
  </li>
  <li>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.
  </li>
</ol>
 
=== Section 10.6 Sick Leave ===
The Employer agrees to continue the administration of the present sick leave program, which shall include the following specific items:
<ol style="list-style-type:upper-alpha">
  <li>Credit employees with sick leave as earned.
  </li>
  <li>Charge to annual leave or leave without pay (at employee's option) approved absence for which employee has insufficient sick leave
  </li>
  <li>Employees becoming ill while on annual leave may have leave charged to sick leave upon request.
  </li>
  <li>Unit Charges for Sick Leave and Annual Leave shall be in mini- mum units of one hundredth of an hour (.01).
  </li>
  <li>For periods of absence of three (3) days or less, a supervisor may accept an employee's certification as reason for an absence.
  </li>
  <li>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.
  </li>
</ol>
[See Memos, pages 157-158]
<div class="toccolours mw-collapsible mw-collapsed">
==== MEMORANDUM OF UNDERSTANDING SICK LEAVE FOR DEPENDENT CARE ====
<div class="mw-collapsible-content">
During the term of the 2019 National Agreement, sick leave may be used by an employee to give care or otherwise attend to a family member having an illness, injury or other condition which, if an employee had such condi- tion, would justify the use of sick leave by the employee. Family members shall include son or daughter, parent and spouse as defined in ELM Section 515.2. Up to 80 hours of sick leave may be used for dependent care in any leave year. Approval of sick leave for dependent care will be subject to normal procedures for leave approval.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
==== MEMORANDUM OF UNDERSTANDING TASK FORCE ON SICK LEAVE ====
<div class="mw-collapsible-content">
The parties agree to establish at the National Level a “Task Force on Sick Leave – Incentives.” The Task Force will explore available opportunities for the parties to determine if there are alternative options available to em- ployees with regard to the utilization of sick leave.
Nothing in this memorandum is intended to negate or alter the applicable requirements of this National Agreement or be inconsistent with obligations under law.
</div></div>
 
== ARTICLE 11 HOLIDAYS ==
=== Section 11.1 Holidays Observed ===
The following ten (10) days shall be considered holidays for full-time 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 Memorial 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
=== Section 11.2 Eligibility ===
To be eligible for holiday pay, an employee must be in a pay status the last hour of the employee's scheduled workday prior to or the first hour of the employee's scheduled workday after the holiday.
Section 11.3 Payment
<ol style="list-style-type:upper-alpha">
  <li>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.
  </li>
  <li>Holiday pay is in lieu of other paid leave to which an employee might otherwise be entitled on the employee's holiday.
  </li>
  <li>The number of hours of holiday leave pay for MHAs will be based on the following:
  </li>
* 200 Man Year offices – 8 hours
* POSTPlan offices – 4 hours
* All other offices – 6 hours
</ol>
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).
=== Section 11.4 Holiday Work ===
<ol style="list-style-type:upper-alpha">
  <li>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 de- scribed at Section 3A.
  </li>
  <li>An employee required to work on Christmas shall be paid one and one-half (11⁄2) 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.
  </li>
  <li>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.
  </li>
</ol>
=== Section 11.5 Holiday on Non-Work Day ===
<ol style="list-style-type:upper-alpha">
  <li>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.
  </li>
  <li>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.
  </li>
</ol>
=== Section 11.6 Holiday Schedule ===
<ol style="list-style-type:upper-alpha">
  <li>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 and part-time regular schedule employees as can be spared will be excused from duty on a holiday or day designated as their holiday.
  </li>
  <li>Employees shall be selected to work on a holiday within each category in the following order:
  </li>
# All available and qualified part-time flexible employees, even if overtime is required.
# Full 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 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 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 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 over- time rate.
  <li>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.
  </li>
  <li>Mail Handler Assistant Employees
  </li>
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 nonscheduled day or any full-time non-volunteers being required to work their holiday or designated holiday. If the parties have locally negotiated a pecking order that would schedule full-time volunteers on a nonscheduled day, the Local Memorandum of Understanding will apply.
</ol>
[See Memo, page 159]
=== Section 11.7 Holiday Part-Time Employee ===
A part-time flexible schedule employee shall not receive holiday pay as such. The employee shall be compensated for the ten (10) holidays by basing the employee's regular straight time hourly rate on the employee's annual rate divided by 2,000 hours. For work 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 (1⁄2) times the employee's regular straight time hourly rate for each hour worked up to eight (8) hours.
 
== ARTICLE 12 PRINCIPLES OF SENIORITY POSTING AND REASSIGNMENTS ==
{{:Article 12 Principles of Seniority Posting and Reassignments}}
{{:Article 12 Principles of Seniority Posting and Reassignments}}
{{:Article 13 Assignment of Ill or Injured Regular Work Force Employees}}
{{:Article 13 Assignment of Ill or Injured Regular Work Force Employees}}
{{:Article 14 Safety and Health}}
{{:Article 14 Safety and Health}}

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