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Body § 1.6 CIM6 2024
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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. </br></br> <b>Question:</b> Can an employee on a 204-b assignment perform bargaining unit work? </br></br> <b>Answer:</b> No. An employee serving as a temporary supervisor (204b) is prohibited from performing bargaining unit work except to the extent otherwise provided in Section 1.6 and in the Memorandum of Understanding Re: Overtime/Acting Supervisor (204B) Detailed EAS Position discussed under Article 8. </br></br> <b>Question:</b> What is the definition of “post office” for purposes of Article 1, Section 1.6? </br></br> <b>Answer:</b> 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: </br></br> “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.” </br></br> Further, Arbitrator Gamser accepted the definition of an installation as defined in Article 38 of the 1973 National Agreement. </br></br> “...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) </br></br> Source: National Arbitration Award AB-NAT-1009, Arbitrator H. Gamser, dated June 8, 1974. </br></br> <b>Question:</b> How is it determined whether an office has 100 or more bargaining unit employees? </br></br> <b>Answer:</b> 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. </br></br> <b>Question:</b> How is “emergency” defined for purposes of this Section? </br></br> <b>Answer:</b> 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 recurring nature.” Normally, an increase in mail volume is not, in and of itself, an emergency situation.
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