View source for NPMHU 2019 National Agreement

== PREAMBLE ==
This Agreement (referred to as the [https://www.npmhu.org/resources/agreement 2019 "Mail Handlers National Agreement]") is entered into by and between the United States Postal Service (the "Employer") and the [http://www.npmhu.org/ National Postal Mail Handlers Union], A Division of the Laborers’ International Union of North America, AFL-CIO (the "Union").
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[https://www.npmhu.org/resources/contract-interpretation-manual Contract Interpretation Manual (CIM)]
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The 2019 Mail Handlers National Agreement became effective, except as set 
forth in particular contract provisions or as noted in the CIM explanation of Article 
39.2, on April 25, 2020.
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== 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:
:A Managerial and supervisory personnel;
:B Professional employees;
:C Employees engaged in personnel work in other than a purely non-confidential clerical capacity;
:D Security guards as defined in Public Law 91-375, 1201(2);
:E All Postal Inspection Service employees;
:F Employees in the supplemental work force, '''as previously defined in Article 7 of the 2016 National Agreement''';
:G Rural Letter Carriers;
:H City Letter Carriers;
:I Maintenance Employees;
:J Special Delivery Messengers;
:K Motor Vehicle Employees;
:L Postal Clerks;
:M Mail Equipment Shop employees; or
:N Mail Transport Equipment Centers and Supply Center employees.
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CIM
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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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CIM
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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 ===
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:A 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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::A1 existing work assignment practices;
::A2 manpower costs;
::A3 avoidance of duplication of effort and "make work" assignments;
::A4 effective utilization of manpower, including the Postal Ser- vice's need to assign employees across craft lines on a temporary basis;
::A5 the integral nature of all duties which comprise a normal duty assignment;
::A6 the contractual and legal obligations and requirements of the parties.
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:B 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
:C the position, the dispute shall be subject to the provisions of the grievance and arbitration procedure provided for herein.
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CIM
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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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Memo
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==== MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL POSTAL MAIL HANDLERS UNION AND THE UNITED STATES POSTAL SERVICE ====
Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers
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 parties also recognized that they might need to discuss application or modification 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 employees 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 employees 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 volunteers will be allowed to transfer out of their impacted installation in accordance with the MOU on Transfer Opportunities to Minimize Excessing.
A. 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 minimize 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, attendance, and safety records will not be considered when applying for transfer as a result of impending excessing.
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(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 affected employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of transfer to coincide with the start of a pay period at the gaining installation. The losing installation will coordinate between the employee and the gain- ing installation.
D. The Postal Service will not provide affected employees requesting a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized vacancies 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 Opportunities. 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 installation.
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 established 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 be- fore they receive written notice of their report date to the new installation. By doing so, the affected employee’s name will be removed from the priority eReassign pending request list at the declined location.
4. Simultaneous (duplicate) requests for transfer by the same employee to the same craft and installation in eReassign are not permitted.
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.
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8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Ad- ministrative Committee.
9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation.
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CIM
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Section 1.6A prohibits supervisors in offices with 100 or more bargaining unit 
employees from performing mail handler bargaining unit work, except for the 
reasons specifically enumerated. Section 1.6B provides that in offices with fewer 
than 100 bargaining unit employees, supervisors are prohibited from performing 
bargaining unit work, except for the reasons specifically enumerated in Section 
1.6A or when the duties are included in the supervisors’ position description. 
Question: Can an employee on a 204-b assignment perform bargaining unit 
work?
Answer: No. An employee serving as a temporary supervisor (204-b) is 
prohibited from performing bargaining unit work except to the extent otherwise 
provided in Section 1.6 and in the Memorandum of Understanding Re: 
USPS – NPMHU Contract Interpretation Manual 
Version 5 – June 2021 Article 1 – Page 6
Overtime/Acting Supervisor (204B) Detailed EAS Position discussed under 
Article 8.
Question: What is the definition of “post office” for purposes of Article 1, Section 
1.6?
Answer: The provisions of Section 1.6A as they relate to the proper definition of 
“post office” were arbitrated at the national level in case number AB-NAT-1009. 
In his award, Arbitrator Gamser rejected the Postal Service’s position that there 
are stations and branches which act or function just like post offices. Arbitrator 
Gamser’s award sustaining the grievance quoted a postal witness in a NLRB 
proceeding as follows:
 
“Post Office or postal installation is a mail processing and delivery activity under 
the head of a single manager. That could range from a single small Post Office 
to a large Post Office with several associated stations and branches which are 
responsible to the single manager or could include a large Post Office with many 
stations and branches, even over 100 stations and branches including related 
activities such as vehicles and motor facility or an air mail facility, all of which are 
part of that single postal installation.”
Further, Arbitrator Gamser accepted the definition of an installation as defined in 
Article 38 of the 1973 National Agreement.
“...Installation. A main post office, airport mail facility, terminal or any similar 
organizational unit under the direction of one postal official, together with 
stations, branches and other subordinate units.” (Emphasis supplied)
Source: National Arbitration Award AB-NAT-1009, Arbitrator H. Gamser, dated
June 8, 1974.
Question: How is it determined whether an office has 100 or more bargaining 
unit employees?
Answer: At the beginning of each Agreement period, a count is made of all 
employees represented by the APWU, NALC and NPMHU to determine which 
offices have 100 or more employees. The resultant list – which adds together 
employees in all three of these bargaining units – is effective for the life of the 
Agreement and does not change during the Agreement.
Question: How is “emergency” defined for purposes of this Section?
Answer: The definition of emergency found in Article 3 (Section 3.6) is used in 
this Section: “an unforeseen circumstance of a combination of circumstances 
which calls for immediate action in a situation which is not expected to be of a 
USPS – NPMHU Contract Interpretation Manual 
Version 5 – June 2021 Article 1 – Page 7
recurring nature.” Normally, an increase in mail volume is not, in and of itself, an 
emergency situation.</div></div>

== ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS ==
=== Section 2.1 Statement of Principles ===
The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful dis- crimination against employees, as prohibited by the Rehabilitation Act of 1973 or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
[See Memos, pages 129-132]
=== Section 2.2 Committee ===
Non-Discrimination and Civil Rights are proper subjects for discussion at Labor-Management Committee meetings at the national, regional/area and local levels provided in Article 38.
=== Section 2.3 Grievances ===
Grievances arising under this Article may be filed at Step 2 of the grievance procedure within fourteen (14) days of when the employee or the Union has first learned or may reasonably have been expected to have learned of the alleged discrimination, unless filed directly at the national level, in which case the provisions of this Agreement for initiating grievances at that level shall apply.
=== Section 2.4 Dual Filing ===
The Union, at the national and local levels, will take affirmative steps to ensure that bargaining-unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes.
The Union, at the national and local levels, will not encourage dual filing of grievances.
(The preceding Article, Article 2, shall apply to Mail Handler Assistant employees.)
== ARTICLE 3 MANAGEMENT RIGHTS ==
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The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations:
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::3.1 To direct employees of the Employer in the performance of official duties;
::3.2 To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees;
::3.3 To maintain the efficiency of the operations entrusted to it;
::3.4 To determine the methods, means, and personnel by which such operations are to be conducted;
::3.5 To prescribe a uniform dress to be worn by designated employees; and
::3.6 To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.
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(The preceding Article, Article 3, shall apply to Mail Handler Assistant employees.)

== ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES ==
Both parties recognize the need for improvement of mail service.
=== Section 4.1 Advance Notice ===
The Union at the national level will be informed as far in advance as practicable, but no less than 30 days in advance, of implementation of technological or mechanization changes which affect jobs including new or changed jobs in the area of wages, hours or working conditions. When major new mechanization or equipment is to be purchased and installed, the Union at the national level will be informed as far in advance as practicable, but no less than 90 days in advance.
=== Section 4.2 Committee ===
There shall be established at the national level a Joint Technological and Mechanization Changes Committee composed of an equal number of representatives of management and the union. The Committee shall meet semiannually, or as necessary, from the conceptual stage onward, to discuss any issues concerning proposed technological and mechanization changes which may affect jobs, including new or changed jobs, which affect the wages, hours, or working conditions of the bargaining unit. For example, the Postal Service will keep the Union advised concerning any research and development programs (e.g., study on robotics) which may have an effect on the bargaining unit.
In addition, the Committee shall be informed of any new jobs created by technological or mechanization changes. Where present employees are capable of being trained to perform the new or changed jobs, the Committee will discuss the training opportunities and programs which will be available. These discussions may include the availability of training opportunities for self-development beyond the new or changed jobs.
=== Section 4.3 Resolution of Differences ===
Upon receiving notice of the changes, an attempt shall be made at the national level to resolve any questions as to the impact of the proposed change upon affected employees and if such questions are not resolved within a reasonable time after such change or changes are operational, the unresolved questions may be submitted by the Union to arbitration under the grievance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling.
=== Section 4.4 New Jobs ===
Any new job or jobs created by technological or mechanization changes shall be offered to present employees capable of being trained to perform the new or changed job and the Employer will provide such training. During training, the employee will maintain his/her rate. It is understood that the training herein referred to is on the job and not to exceed sixty (60) days. Certain specialized technical jobs may require additional and/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.
=== Section 4.5 Local Notice ===
The installation head or his/her designee shall notify, and upon request meet with, the appropriate local union official, as far in advance as reasonably practicable, concerning the local deployment of any new automated or mechanized equipment, whether locally purchased or nationally deployed, that will have a significant impact on mail handler duty assignments within the installation.
== ARTICLE 5 PROHIBITION OF UNILATERAL ACTION ==
The Employer will not take any actions affecting wages, hours and other terms and conditions of employment as defined in Section 8(d) of the National Labor Relations Act which violate the terms of this Agreement or are otherwise inconsistent with its obligations under law.
(The preceding Article, Article 5, shall apply to Mail Handler Assistant employees.)
== ARTICLE 6 LAYOFF AND REDUCTION IN FORCE ==
=== Section 6.1 General Principles ===
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:A 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.
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::A1 It is the intent of this provision to provide security to each such employee during his or her work lifetime.
::A2 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.
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:B 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.
:C 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:
[See Memo, page 132]
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====MEMORANDUM OF UNDERSTANDING ARTICLE 6 - LAYOFF PROTECTION ====
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Each employee who is employed in the regular work force as of September 20, 2019, 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 nonprecedential basis, it shall terminate for all purposes at, midnight September 20, 2022 and may not be cited or used in any subsequent dispute resolution proceedings.
</div></div>

=== Section 6.2 Coverage ===
:A 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.
:B 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."
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:C Non-Protected Employees Achieving Protected Status
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::C1 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:
::::C1a 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.
::::C1b Time spent on paid annual leave or sick leave, as provided for in Article 10 of the Agreement.
::::C1c Leave without pay for performing Union business as provided for in Article 24 of the Agreement.
::::C1d 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.
::C2 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.
::C3 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 be- gins a new service period for purposes of attaining six years continuous service.
::C4 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.
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=== Section 6.3 Preconditions for Implementation of Layoff and Reduction in Force ===
:A 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.
:B 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.
:C 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.
:D 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.
:E 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 re- quired 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.
=== Section 6.4 Layoff and Reduction in Force ===
: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.
:B 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.
:C 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.
:D 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.
:E 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.
=== Section 6.5 Recall Rights ===
:A 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.
:B 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.
=== Section 6.6 Protective Benefits ===
:A 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.
:B 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.
=== Section 6.7 Union Representation Rights ===
:A 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.
:B The Employer shall provide to the Union a quarterly report on all reassignments, layoff and reductions in force made under this Article.
:C 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.
== ARTICLE 7 EMPLOYEE CLASSIFICATIONS ==
=== Section 7.1 Definition and Use ===
:A Regular Work Force
The regular work force shall be comprised of two categories of employees which are as follows:
::A1 Full-Time
Employees in this category shall be hired pursuant to such procedures as the Employer may establish and shall be as- signed to regular schedules consisting of five (5) eight (8) hour days in a service week.
::A2 Part-Time
Employees in this category shall be hired pursuant to such procedures as the Employer may establish and shall be as- signed 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.
:B Mail Handler Assistant Employees (MHAs)
::1. The Mail Handler Assistant (MHA) employee work force shall be comprised of noncareer bargaining unit employees.
::2. 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.
::3. The total number of MHAs within '''an installation''' will not exceed '''24.5%''' of the total number of career mail handlers in the installation, '''except during the two (2) accounting periods per fiscal year identified as set forth below. The Employer shall notify the Union, at the national level and at the appropriate installation, of which two (2) accounting periods in each fiscal year during which it may exceed the 24.5% limitation in that installation; such notice will be provided at least six (6) months in advance of the beginning date of the affected ac- counting period(s).''' The Employer will provide the Union at the National level with an accounting period 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 accounting period. In the event that the Employer exceeds the '''24.5%''' limitation by installation, a remedy, if any, will be determined by the individual facts and on a case-by-case basis.
::4. 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 deter- mining the number of MHAs who may be employed in the mail handler craft.
::5. 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 work or pay.
(The preceding Section, Article 7.1B, shall apply to Mail Handler Assistant employees.)
[See Memo, pages 132-145]
=== Section 7.2 Employment and Work Assignments ===
:A Normally, work in different crafts, occupational groups or levels will not be combined into one job. However, to provide maxi- mum 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:
::A1 All available work within each separate craft by tour has been combined.
::A2 Work of different crafts in the same wage level by tour has been combined.
:B The appropriate representatives of the affected Unions will be in- formed in advance of the reasons for establishing the combination full-time assignments within different crafts in accordance with this Article.
:C 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.
:D 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 work- load area for such time as management determines necessary.
[See Memo, page 145]
=== Section 7.3 Employee Complements ===
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 146]
== ARTICLE 8 HOURS OF WORK ==
The work week for full-time regulars shall be forty (40) hours per week, eight (8) hours per day within ten (10) consecutive hours, provided, how- ever, that in all offices with more than 100 full-time employees in the bar- gaining units the normal work week for full-time regular 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 ===
: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 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.
: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 practicable the five days shall be consecutive days within the service week.
=== Section 8.3 Exceptions ===
Section 8.2C above shall not apply to part-time employees.
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.
MHAs will be scheduled in accordance with Section 2, A and B of this Article.
=== Section 8.4 Overtime Work ===
:A Overtime pay is to be paid at the rate of one and one-half (1 1/2) times the basic hourly straight time rate.
:B 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.
:C 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.
:D 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 over- time, 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.
:E 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.
=== Section 8.5 Overtime Assignments ===
When needed, overtime work shall be scheduled among qualified full-time regular employees doing similar work in the work location where the employees regularly work in accordance with the following:
:A Two weeks (i.e., 14 calendar days) prior to the start of each calendar quarter, full-time regular employees desiring to work over- time 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.
:B Lists will be established by section and/or tour in accordance with Article 30, Local Implementation.
:C 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); un- less 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.
:D 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 "Overtime 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 regular 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.
:E 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).
:F Excluding December, only in an emergency situation will a full- time regular employee not on the "Overtime Desired" list be re- quired to work over ten (10) hours in a day or over six (6) days in a week.
[See Memos, pages 147-148]
=== Section 8.6 Sunday Premium Payment ===
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.
=== Section 8.7 Night Shift Differential ===
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, attached.
[See Memo, page 149] 19
=== Section 8.8 Guarantees ===
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 guar- anteed minimum shall not apply to an employee called in who continues working on into the employee's regularly scheduled shift. When a full-time regular employee is called in on the employee's non scheduled day, the em- ployee 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 instal- lation 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.
=== Section 8.9 Wash Up Time ===
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.)
20
== ARTICLE 9 SALARIES AND WAGES ==
=== Section 9.1 Basic Annual Salary ===
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 de- scribed 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 23, 2019 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.1% of the basic annual salary for the grade and step in effect on September 20, 2019.
Effective November 21, 2020 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.0% of the basic annual salary for the grade and step in effect on September 20, 2019.
Effective November 20, 2021 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.0% of the basic annual salary for the grade and step in effect on September 20, 2019.
[See Memo, page 149]
21
=== Section 9.2 Step Progression ===
:A. Table One – Career Appointments Before February 15, 2013
The step progression for the Mail Handler Salary Schedule on Table One shall be as follows:

{| class="mw-collapsible mw-collapsed wikitable"
|+ style=white-space:nowrap | Table One Grades 4 & 5. 
|-
! Grades 4, 5 !! Waiting Period
|-
| From Step || To Step || (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
|}

                                 
{| class="mw-collapsible mw-collapsed wikitable"
|+ style=white-space:nowrap | Table One Grade 6. 
|-
! Grade 6 !! Waiting Period
|-
| From Step || To Step || (in weeks)
|-
| A || B || 96
|-
| B || C || 96
|-
| 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
|}
:B. Table Two – Career Appointments On or After the Effective Date of the Award, February 15, 2013
The step progression for the Mail Handler shall be as follows:

{| class="mw-collapsible mw-collapsed wikitable"
|+ style=white-space:nowrap | Salary Schedule on Table Two
. 
|-
! Grades 4, 5 !! Waiting Period
|-
| From Step || To Step || (in weeks)
|-
| BB || AA || 52
|-
| AA || A ||52
|-
| A || B || 52
|-
| B || C || 52
|-
| C || D || 52
|-
| D || E || 52
|-
| E || F || 52
|-
| F || G || 52
|-
| G || H || 52
|-
| H || I || 52
|-
| I || J || 52
|-
| J || K || 52
|-
| K || L || 52
|-
| L || M || 52
|-
| M || N || 52
|-
| N || O || 52
|-
| O || P || 52
|}