NPMHU 2019 National Agreement: Difference between revisions

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NPMHU 2019 National Agreement (view source)

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39.2, on April 25, 2020.
39.2, on April 25, 2020.
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==ARTICLE 1 UNION RECOGNITION ==
== ARTICLE 1 UNION RECOGNITION ==
{{:Article 1 Union Recognition}}
=== Section 1.1 Recognition ===
The Employer recognizes the Union designated below as the exclusive bargaining representative of all employees in the bargaining unit for which the Union has been recognized and certified at the national level:
National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO.
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CIM
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The NPMHU is the exclusive bargaining agent representing mail handlers and
mail handler assistants employed by the U.S. Postal Service. It has been so
recognized in accordance with the terms of the Postal Reorganization Act (PRA)
of 1970, which transformed the federal government agency known as the “Post
Office Department” into an independent establishment of the Government of the
United States, the “United States Postal Service.” The PRA also granted
bargaining-unit employees the right to bargain collectively with respect to “rates
of pay, wages, hours of employment, or other conditions of employment.”
As the exclusive bargaining representative for all mail handlers, the NPMHU is
the only organization that is entitled to represent mail handlers in their collective
bargaining relationship with the Postal Service.
The other unions exclusively representing large, national groups of USPS craft
employees are:
APWU or American Postal Workers Union, AFL-CIO: clerks, maintenance, motor
vehicle, mail equipment shops and material distribution center employees;
NALC or National Association of Letter Carriers, AFL-CIO: city letter carriers; and
NRLCA or National Rural Letter Carriers Association: rural letter carriers.
The NPMHU and the unions representing other postal crafts all negotiated
together and executed joint National Agreements with the U.S. Postal Service
covering the periods 1971-73 and 1973-75. The NRLCA bargained separately
for its 1975-78 Agreement and all agreements thereafter. The NPMHU remained
in a jointly-bargained National Agreement with the APWU and NALC covering the
periods 1975-78 and 1978-81. Beginning in 1981, and continuing to this day, the
NPMHU has bargained separately for its own National Agreement. The APWU
and NALC continued to bargain together as the Joint Bargaining Committee in
1981, 1984, 1987, and 1990, but have bargained separately since 1994.
Presently, therefore, the four major postal unions have separate National
Agreements with the Postal Service.
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=== Section 1.2 Exclusions ===
The bargaining unit set forth in Section 1 above does not include, and this Agreement does not apply to:
<ol style="list-style-type:upper-alpha">
  <li>Managerial and supervisory personnel;</li>
  <li>Professional employees;</li>
  <li>Employees engaged in personnel work in other than a purely non-confidential clerical capacity;</li>
  <li>Security guards as defined in Public Law 91-375, 1201(2);</li>
  <li>All Postal Inspection Service employees;</li>
  <li>Employees in the supplemental work force, '''as previously defined in Article 7 of the 2016 National Agreement''';</li>
  <li>Rural Letter Carriers;</li>
  <li>City Letter Carriers;</li>
  <li>Maintenance Employees;</li>
  <li>Special Delivery Messengers;</li>
  <li>Motor Vehicle Employees;</li>
  <li>Postal Clerks;</li>
  <li>Mail Equipment Shop employees; or</li>
  <li>Mail Transport Equipment Centers and Supply Center employees.</li>
</ol>
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This provision sets forth various postal employees who are excluded from or are
not part of the bargaining unit represented by the NPMHU.
The supplemental work force, which was previously defined in Article 7 of the
2016 National Agreement as casual employees, are excluded from the
bargaining unit. Additionally, managerial and supervisory personnel, employees
exclusively represented by one of the other postal unions, and postal employees
who work at the Mail Transport Equipment Centers are among those excluded
from the bargaining unit.
USPS – NPMHU Contract Interpretation Manual
Version 5 – June 2021 Article 1 – Page 3
Question: Are managers or supervisors members of the bargaining unit
represented by the NPMHU?
Answer: No. However, mail handlers serving in a temporary supervisory
position (204b) or in a supervisory training program are still considered to be craft
employees and may continue to accrue seniority in the mail handler craft. The
right of such employees and those detailed to EAS positions to bid on vacant
duty assignments or to encumber their current duty assignment is governed by
Article 12 (Section 12.3B12).
Question: Are postal employees still working at the Mail Transport Equipment
Centers or Repair Centers (MTEC) represented by the NPMHU?
Answer: Yes. However, they are considered to be members of a separate
bargaining unit, and therefore are not directly covered by the 2019 National
Agreement between the NPMHU and the Postal Service. Rather, pursuant to the
Memorandum of Understanding Mail Transport Equipment Centers/Repair
Centers (MOU) that is contained in the 1998 National Agreement, the terms and
conditions of employment for employees at the MTECs are governed by the
Supplemental Agreement covering the MTECs (as specifically modified by the
MOU) until all such postal facilities are closed and all employees are reassigned
in accordance with the Memorandum of Understanding regarding reassignment
from MTEC facilities.
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=== Section 1.3 Facility Exclusions ===
This Agreement does not apply to employees who work in other employer facilities which are not engaged in customer services and mail processing, previously understood and expressed by the parties to mean mail processing and delivery, including but not limited to Headquarters, Area Offices, Postal Data Centers, Postal Service Training and Development Institute, Oklahoma Postal Training Operations, Postal Academies, Postal Academy Training Institute, Stamped Envelope Agency, Supply Centers, Mail Equipment Shops, or Mail Transport Equipment Centers and Repair Centers.
=== Section 1.4 Definition ===
Subject to the foregoing sections, this Agreement shall be applicable to all employees in the regular work force of the U.S. Postal Service, as defined in Article 7, at all present and subsequently acquired installations, facilities, and operations of the Employer, wherever located.
 
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This section provides that, subject to the exclusions listed in Sections 1.2 and
1.3, all members of the regular workforce as defined in Article 7 (Section 7.1A),
including all full-time regular employees, part-time regular employees, part-time
flexible employees, and mail handler assistants (MHAs) are members of the
bargaining unit represented by the NPMHU. This includes postal employees at
all present and subsequently acquired installations, facilities and operations of
the Postal Service, wherever located.
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=== Section 1.5 New Positions ===
<ol style="list-style-type:upper-alpha">
  <li>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:
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# 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.
  </li>
  <li>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
  </li>
  <li>the position, the dispute shall be subject to the provisions of the grievance and arbitration procedure provided for herein.
  </li>
</ol>
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This section requires that before assigning a new position to the most
appropriate national craft bargaining unit, the Postal Service shall consult with
the NPMHU. Additionally, it contains standards that shall be used in assigning
new positions to the appropriate unit and provides that the NPMHU will be
promptly notified of the decision as to which bargaining unit a new position has
been assigned. Any dispute regarding the assignment is grievable at the
national level within 30 days from the date the union receives notification of the
assignment.
In the Letter of Intent Re References to Union, Craft or Bargaining Unit, which is
reprinted in the CIM after Article 39, the parties have agreed that the Postal
Service will continue to inform the NPMHU of all new positions whether or not the
positions are within the craft unit represented by the NPMHU.</div></div>
 
=== Section 1.6 Performance of Bargaining Unit Work ===
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:A Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except:
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::A1 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;
::A2 for the purpose of training or instruction of employees;
::A3 to assure the proper operation of equipment;
::A4 to protect the safety of employees; or
::A5 to protect the property of the USPS.
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:B 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]
 
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==== MEMORANDUM OF UNDERSTANDING SUPERVISORS PERFORMING BARGAINING UNIT WORK ====
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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.</div></div>
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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.</div></div>


== ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS ==
== ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS ==
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