MOU NA2019

Memorandums of Understanding

SUPERVISORS PERFORMING BARGAINING UNIT WORK

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

Reasonable Accommodation for the Deaf and Hard of Hearing

MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonably accommodate impaired employees and applicants who request assistance in communicating with or understanding others in work related situations, such as:

1. During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, or presentation of a grievance.
2. During some aspects of training, including formal classroom instruction.
3. During portions of EAP programs and EEO counselings.
4. In critical elements of the selection process such as during testing and interviews.
5. During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
6. During the filing or meetings concerning an employee's OWCP claim.

IMPLEMENTATION
This obligation is met by selecting an appropriate resource from the variety of resources available. In selecting a resource, the following, among others, should be considered, as appropriate:

• The ability of the deaf and hard of hearing employee to under- stand various methods of communication and the ability of others to understand the deaf and hard of hearing employee.
• The importance of the situation as it relates to work requirements, job rights, and benefits.
• The availability and cost of the alternative resources under consideration.
• Whether the situation requires confidentiality.

Available resources which should be considered include:

1. Installation heads are authorized to pay for certified interpreters. Every effort will be made to provide certified interpreters when deemed necessary by an application of the principles set forth herein.
2. In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
3. Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community.
4. In some situations, written communications may be appropriate.
5. Supervisors, training specialists, EAP, and EEO counselors may be trained in sign language.
6. Deaf and hard of hearing applicants should normally be scheduled for a specific examination time when an interpreter will be available.

Management will provide the following assistance for deaf and hard of hearing employees.

1. All films or videotapes designed for the training or instruction of regular work force employees developed on or after October 1, 1987, shall be opened or closed captioned. To the extent practicable, existing films or videotapes developed nationally that will continue to be used by the deaf and hard of hearing with some frequency, will be opened or closed captioned.
2. Special telecommunications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees in the regular work force. These devices will be available to deaf and hard of hearing employees for official business and in the case of personal emergencies. As appropriate, Management will provide training to staff on the use of these special telecommunication devices.
3. A visual alarm will be installed on all moving powered industrial equipment in all postal installations employing deaf and hard of hearing employees in the regular work force.
4. Visual fire alarms will be installed in all new postal installations (installations for which the U.S. Postal Service, as of the effective date of this agreement, has not awarded a contract for the design of the building) where the Postal Service installs audible fire alarms. The parties will discuss and seek to agree at the local level about the installation in such other facilities as may be appropriate.

JOINT LABOR-MANAGEMENT MEETINGS
Discussion of problem areas with regard to the use of certified sign interpreters, enhancement of job opportunities for the deaf and hard of hearing, type of special telecommunications devices to be installed, and installation of visual alarms at other than new postal installations are appropriate matters for considerations at Joint Labor-Management meetings. Discussion of such matters at Labor-Management meetings is not a prerequisite to the filing or processing of a grievance.

WORKPLACE FREE OF HARASSMENT

The National Postal Mail Handlers Union and the United States Postal Service are committed to providing employees with a safe, productive, and inclusive workplace. All employees must refrain from practicing or tolerating discrimination and harassment based on race, color, religion, sex, national origin, age, mental or physical disability, genetic information, uniformed (military) service, or in reprisal for an employees complaint about or opposition to discrimination or participation in any process or proceeding designed to remedy discrimination. Employees who believe that they are victims of harassment should bring the situation to the attention of a supervisor, a manager, or the manager of Human Resources.

To achieve a workplace free of harassment, the parties agree to establish at the National Level a "Task Force on Preventing Harassment." The purpose of the Task Force is to explore the most effective methods to ensure employees are aware of Postal Service policies and procedures on harassment.

This Memorandum of Understanding may not be cited in the grievance process or used as the basis for a grievance. Nothing in this Memorandum of Understanding affects the right of employees to file a grievance under Article 2 of the National Agreement.

Article 6 - Layoff Protection

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 non-precedential 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

Letters of Intent

USPS Installations

The parties agree that the Employer retains the right to add installations, consolidate installations, and discontinue installations in accordance with Article 12, and the reports will be adjusted to reflect such changes as soon as reasonably practicable thereafter. An installation for the purposes of this paragraph will be defined to include all facilities for which a mail handler career employee is entitled to bid, as provided under Article 12.3C.

Mail Handler Assistants In Excess Of Percentage Caps

The parties acknowledge that there may be situations of limited duration that occur during the course of the year when the Employer needs to employ MHAs in excess of the cap for the total number of MHAs in an installation.

Any local or Area/Regional agreements to allow the employment of MHAs in excess of the percentage caps requires concurrence by the parties at the National level.

Transition Period

The 2019 National Agreement makes structural changes to the non-bargaining unit workforce and, therefore, creates a need for a transition period to implement the changes. The parties agree to a transition period not to exceed 120 days from the date of the Union’s ratification of the Agreement.

During the transition period, the number of casuals employed at any installation may be maintained at current levels or at 3.0%, whichever is lower. An exception will be made for installations that have local agreements allowing temporary use of additional casuals; such agreements will remain enforceable, provided that after the local agreement expires (if within the 120 day period) the number of casuals will be limited to 3.0%. Any new non-career employees hired during the transition period will be MHAs. At no time during the transition period will the combination of casuals and MHAs exceed 21.5% of the total number of career mail handler employees in a district and 26.5% in any installation except as provided for in Article 7, Section 1B.

Unless otherwise noted above, all other contractual language in the 2016 National Agreement relating to casuals will continue to apply during the 120-day transition period. During the transition period, the parties will review and remove all contractual language relating to casuals from the National Agreement.

After 120 days from the date of the Union’s ratification of the Agreement, the language of Article 7, Section 1B3 concerning MHA hiring shall be in full force and effect. Sack Sorter Machine Operator NA2019 Reversion Notice NA2019 Letter On Article 15 Issues NA2019 Article 15.2 Step 3 NA2019 District Arbitration Panels NA2019 Expectations of Arbitrators NA2019 Gender-Specific Garments NA2019 Article 31 - Information/Reports NA2019 Operations 110-129 And 180-189 Clarifying Instructions NA2019 References to Union, Craft or Bargaining Unit NA2019 Regional Instruction 399 NA2019