NPMHU 2019 National Agreement

Source Document

NPMHU National Agreement 2019

NPMHU National Agreement 2019

Preamble

This Agreement (referred to as the 2019 "Mail Handlers National Agreement") is entered into by and between the United States Postal Service (the "Employer") and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO (the "Union").

Contract Interpretation Manual (CIM)

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.

Article 1 Union Recognition

§ 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.

CIM

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.

§ 1.2 Exclusions

The bargaining unit set forth in Section 1 above does not include, and this Agreement does not apply to:

1. Managerial and supervisory personnel;
2. Professional employees;
3. Employees engaged in personnel work in other than a purely non-confidential clerical capacity;
4. Security guards as defined in Public Law 91-375, 1201(2);
5. All Postal Inspection Service employees;
6. Employees in the supplemental work force, as previously defined in Article 7 of the 2016 National Agreement;
7. Rural Letter Carriers;
8. City Letter Carriers;
9. Maintenance Employees;
10. Special Delivery Messengers;
11. Motor Vehicle Employees;
12. Postal Clerks;
13. Mail Equipment Shop employees; or
14. Mail Transport Equipment Centers and Supply Center employees.

CIM

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.

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.

Formatting Section 1.3 NA2019 Title Section 1.4 NA2019

§ 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.

CIM

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.

§ 1.5 New Positions

1. 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:
   1. existing work assignment practices;
   2. manpower costs;
   3. avoidance of duplication of effort and "make work" assignments;
   4. effective utilization of manpower, including the Postal Service's need to assign employees across craft lines on a temporary basis;
   5. the integral nature of all duties which comprise a normal duty assignment;
   6. the contractual and legal obligations and requirements of the parties.
2. 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
3. the position, the dispute shall be subject to the provisions of the grievance and arbitration procedure provided for herein.

CIM

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.

§ 1.6 Performance of Bargaining Unit Work

1. Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except:
1. 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;
2. for the purpose of training or instruction of employees;
3. to assure the proper operation of equipment;
4. to protect the safety of employees; or
5. to protect the property of the USPS.
2. 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.)
Memo, page 129

CIM

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: 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 recurring nature.” Normally, an increase in mail volume is not, in and of itself, an emergency situation.

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 discrimination 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

The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations:

1. To direct employees of the Employer in the performance of official duties;
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. To maintain the efficiency of the operations entrusted to it;
4. To determine the methods, means, and personnel by which such operations are to be conducted;
5. To prescribe a uniform dress to be worn by designated employees; and
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.

(The preceding Article, Article 3, shall apply to Mail Handler Assistant employees.)

Article 4 Technological and Mechanization Changes

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

§ 6.1 General Principles

1. 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.
1. It is the intent of this provision to provide security to each such employee during his or her work lifetime.
2. 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.
2. 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.
3. 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 140]

§ 6.2 Coverage

1. 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.
2. 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."
3. Non-Protected Employees Achieving Protected Status
1. 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:

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.

Time spent on paid annual leave or sick leave, as provided for in Article 10 of the Agreement.

Leave without pay for performing Union business as provided for in Article 24 of the Agreement.

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.

1. 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.
2. 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 begins a new service period for purposes of attaining six years continuous service.
3. 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.

§ 6.3 Preconditions for Implementation of Layoff and Reduction in Force

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 required 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.

§ 6.4 Layoff and Reduction in Force

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

§ 6.5 Recall Rights

1. 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.
2. 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.

§ 6.6 Protective Benefits

1. 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.
2. 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.

§ 6.7 Union Representation Rights

1. 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.
2. The Employer shall provide to the Union a quarterly report on all reassignments, layoff and reductions in force made under this Article.
3. 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.

§ 6.8 Intent

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

1. Regular Work Force The regular work force shall be comprised of two categories of employees which are as follows:
   1. 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.
   2. 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.
2. 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

   1. 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:
      1. All available work within each separate craft by tour has been combined.
      2. Work of different crafts in the same wage level by tour has been combined.
   2. 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.
   3. 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.
   4. 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

   Section 8.1 Work Week

   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.

   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, however, 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

   1. 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.
   2. 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.
   3. 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

   1. Overtime pay is to be paid at the rate of one and one-half (1 1/2) times the basic hourly straight time rate.
   2. 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.
   3. 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.
   4. 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.
   5. 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:

   1. 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.

   CIM

   The first opportunity for all overtime goes to full-time regulars who have signed the Overtime Desired List (OTDL). Overtime is assigned to available, qualified employees on the OTDL prior to using part-time flexibles or casuals on overtime.

   Only full-time regular employees may sign the OTDL. Part-time regular, part- time flexible, and MHAs are excluded from signing the OTDL. However, whenever an employee is converted to full-time, or transferred or reassigned into an installation or into the Mail Handler craft within an installation, or whenever a mail handler 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, that employee has a one-time opportunity to add his/her name to the OTDL for a period of fourteen (14) calendar days following the date on which he/she was converted, transferred, or reassigned. This rule applies whether or not the mail handler was on the OTDL for the losing facility, section, or tour.

   Employees wishing to remain on the “Overtime Desired” list do not have to sign the list every quarter. Once an employee’s name is on the list, it remains on the list until the employee takes action, in writing, to remove it. If that request to remove his/her name is made during other than the two-week sign-up period, the procedures in the fourth Q & A hereunder continue to apply. If the employee thereafter decided to place his/her name back on the “Overtime Desired” list, he/she would need to sign the list during the two weeks prior to the start of a subsequent calendar quarter.

   Question: Can employees place their names on the Overtime Desired List at any time besides the two weeks prior to the start of a calendar quarter?

   Answer: Yes. 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 that bids or isreassigned during the 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 two weeks (14 calendar days) following the date upon which they are converted, transferred, or reassigned to full time. It does not matter whether the mail handler was on the OTDL for the losing facility, section, or tour. Placement on the list shall be effective on the next calendar day.

   Source: 2019 – 2022 National Agreement Questions and Answers, 5/22/2020.

   Question: Is an employee who is on light or limited duty permitted to sign the OTDL?

   Answer: Yes. The employee will be selected within the normal rotation so long as the work needed falls within his/her medical restrictions. For example, an employee with restrictions of “no lifting over five pounds” would normally not be eligible for overtime work on the outbound docks.

   Source: Letter to All Affected Representatives, September, 1987, and Step 4 Grievance H4N-5B-C 9731, dated July 11, 1986.

   Question: Is an employee who has been on military leave permitted to sign the OTDL after the start of the calendar quarter?

   Answer: Yes. A mail handler on military leave at the time when full-time employees places their names on the OTDL may place his/her name on the OTDL upon return to work.

   Source: Step 4 Grievance H4N-1K-C 41588, dated April 8, 1988.

   Question: When a mail handler bids during a calendar quarter to a duty assignment on a different tour, may he/she sign the OTDL for the gaining tour?

   Answer: Yes, if the mail handler was on the OTDL for the losing tour and the Local Memorandum of Understanding does not provide otherwise.

   Source: Step 4 Grievances H1C-1E-C 41245/42949, dated August 7, 1985.

   Question: Under what circumstances is a mail handler allowed to remove his/her name from the OTDL during the course of a calendar quarter?

   Answer: The mail handler’s request to have his/her name removed from the OTDL should be honored provided that the request is made prior to the date on which the scheduling of overtime that the employee would otherwise be required to work occurs. Furthermore, that employee cannot subsequently place his/her name back on the OTDL for the remainder of that calendar quarter.

   Source: Letters NPMHU to USPS, dated May 30, 1989, and USPS to NPMHU, dated June 20, 1989.

   Question: May management unilaterally remove an employee’s name from the OTDL if the employee refuses to work overtime when requested?

   Answer: No. However, employees on the OTDL are required to work overtime except as provided for in Section 8.5E.

   Source: Pre-arbitration Settlement H4N-5K-C 4489, dated September 13, 1988.

   2. Lists will be established by section and/or tour in accordance with Article 30, Local Implementation.

   CIM

   The subject of whether the OTDL is established “by section and/or tour” may be addressed pursuant to the provisions of Article 30 (Section 30.2, Item L.) One of three alternatives may be selected during local implementation:

   By section within a tour; or

   By tour; or

   By section within a tour, and tour.

   Note that if the last alternative is selected, management has the right to select employees on the section OTDL who have volunteered to work beyond twelve (12) hours prior to selecting employees from the tour OTDL.

   Source: Pre-arbitration Settlement H4M-NA-C 75, dated December 4, 1987.

   3. 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.

   CIM

   When management determines that overtime is needed, the first opportunity for such overtime goes to qualified and available employees possessing the necessary skills who have signed the OTDL. Although not all inclusive, the following examples may be useful in understanding the intent of the parties:

   1. 20 mail handlers are needed for two hours overtime, from 3:00p.m.to 5:00 p.m., at the end of Tour II at the BMC. Only ten mail handlers have signed the OTDL and all are available and qualified for the needed work. Under this circumstance, management must assign the ten mail handlers on the OTDL and then may assign ten mail handlers not on the list. If management determines that an additional two hours of overtime for ten mail handlers is needed, from 5:00 p.m. to 7:00 p.m., the ten mail handlers from the OTDL who are working must be assigned that additional overtime. This will not be considered an additional overtime opportunity within the rotation outlined in Section 8.5C.
   2. The P&DC has multiple ending timeson Tour II; e.g., 3:00p.m.and 4:00 p.m. 20 mail handlers are needed for two hours overtime at 3:00 p.m. Again, ten available and qualified mail handlers are on the OTDL and management selects an additional ten mail handlers not on the list. At 4:00 p.m., ten more qualified mail handlers on the OTDL become available at the end of their tour. These ten OTDL mail handlers would be kept for one hour of overtime, from 4:00 p.m. to 5:00 p.m., and the ten mail handlers not on the OTDL would be released.

   Source: Letter to All Affected Representatives, September, 1987.

   The OTDL is applied on a rotational basis, beginning each calendar quarter. Where the employee’s guarantee (see Section 8.8) exceeds the amount of overtime required, the employee may, with the concurrence of the union and the approval of management, waive that guarantee.

   Employees on the OTDL are considered to be “available” for overtime if they are on duty at the time that the selection of employees for overtime is made, and if they are eligible to work overtime during the time period in which the overtime work is needed; those absent or on leave are passed over. Note that exceptions to this rule may occur only where provided for in the Local Memorandum of Understanding, in other local agreements, or by past practice.

   Source: Step 4 Grievance H7M-4A-C 488/489, dated April 8, 1988.

   Normally, employees who are absent or on leave are not required or considered available to work overtime. However, if employees on the OTDL so desire, they may advise their supervisor in writing of their availability to work a nonscheduled day that is in conjunction with or part of a period of approved leave. Source: Step 4 Grievance B90M-1B-C 95062381, dated October 15, 1997.

   The Memorandum of Understanding Improper By-Pass Overtime, reprinted at the end of this Article, provides procedures for the settlement of disputes regarding situations in which an employee on the OTDL is bypassed for either another employee on the OTDL or for an employee not on the OTDL.

   Employees signing the OTDL may be required to work up to twelve (12) hours in a service day and up to seven (7) days in a service week. Additionally, they may volunteer to work beyond twelve (12) hours in a day. Scheduling of overtime beyond 12 hours should be administered in keeping with the seniority principles of Section 8.5C and in a non-discriminatory manner. A volunteer who works beyond 12 hours is not considered to have exercised another opportunity within the OTDL rotation.

   Source: Letter to All Affected Representatives, dated September, 1987; Step 4 Grievance H7M-1F-C 20892, dated January 24, 1990; Pre-arbitration Settlement B90M-1B-C 95006557, dated August 14, 1998.

   Question: Is the OTDL used for holiday scheduling?

   Answer: No. The OTDL is not used when preparing the holiday schedule required by Article 11 (Section 11.6.) If the need for additional full-time employees to work the holiday is determined subsequent to the posting of the holiday schedule, recourse to the OTDL would be appropriate.

   Source: National Arbitration Award H8C-5D-C 14577, Arbitrator R. Mittenthal, dated April 15, 1983.

   Question: Is an employee entitled to work their duty assignment when called in to work on their nonscheduled day?

   Answer: No. There is no entitlement of an employee to work their duty assignment on a day which is not one of the five (5) regular work days specified for that particular duty assignment, unless currently-existing language in the Local

   Memorandum of Understanding provides otherwise.

   Source: Step 4 Grievance A8-N-0003, dated July 19, 1978.

   One purpose of the OTDL is to excuse full-time employees not wishing to work overtime from having to work overtime. However, if the OTDL does not provide sufficient qualified full-time regulars for required overtime, then the provisions of Section 8.5D, discussed below, permit management to require other employees to work overtime to the extent needed.

   4. 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 re- quired 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.

   CIM

   If the OTDL does not provide sufficient employees to work the needed overtime, management may utilize other employees to accomplish the work needed within the “operational window.” For example, if management determines that the need exists for 20 mail handlers to work two hours overtime and only ten are available from the OTDL, management may assign other mail handlers as required to meet the two-hour operational requirement. In such cases, management must first utilize the Full-time Volunteer Lists (FTVL) posted in each section on the workroom floor.

   Full-time regular employees who are not on the OTDL may sign the Daily FTVL during the first two (2) hours of their tour of duty on each scheduled work day. The Daily FTVL is utilized if the OTDL does not provide sufficient employees to work overtime after the tour of duty on a particular day. It does not carry over from one day to the next. The Daily FTVL is applied in the same fashion as the OTDL. If the OTDL is established by section, the Daily FTVL is applied by section. If the OTDL is established by section and tour, the Daily FTVL is first applied in each section and then merged to create a tour-wide list for that particular day.

   The Nonscheduled Day (NSD) FTVL applies to overtime needed on an employee’s nonscheduled day(s). Full-time regular employees not on the OTDL may sign the NSD FTVL by the Tuesday of the service week prior to that in which the overtime will be worked. (The sign-up sheet is posted in all work sections each Saturday.)

   Employees who sign the FTVLs are required to work the overtime as directed by management. Employees are selected from the FTVLs in order of seniority, without any rotation. Such employees may be limited to working no more than ten (10) hours in a day. There is no penalty for errors in the application of either of the FTVLs.

   If additional employees are needed to work the overtime after the FTVL is exhausted, management may assign other employees. Every effort should be made to first assign available and qualified Mail Handler Assistants and/or part- time flexible employees prior to assigning full-time regulars not on any of the lists.

   Source: Letter to All Affected Representatives, dated September 1987, and Step 4 Grievances H7M-4K-C 23326 et al., dated June 1, 1992.

   Qualified MHAs also should be included when assigning overtime prior to assigning full-time mail handlers who are not on the overtime desired lists.

   If management determines that it is necessary to assign full-time regular employees not on the OTDL or the FTVL, such employees shall be assigned on a rotating basis starting with the junior employee. The juniority rotation of employees not on the OTDL begins anew each calendar quarter, concurrent with the revisions to the OTDL.

   Source: Pre-arbitration Settlement H1M-2F-C 18272, dated August 14, 1985.

   5. 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).

   CIM

   This language is intended to serve as a guideline for local management when considering excusing individual employees from overtime work because of "exceptional" situations.

   Consequently, the four examples listed in the parentheses are merely illustrative of the kinds of situations in which management should give full consideration to excusing an employee(s) from overtime. However, as Arbitrator Sylvester Garrett has held in National Award NC-C 7933, dated January 8, 1979, Section 8.5E "reflects an intent to confer relatively broad discretion on local management to excuse employees from overtime work for any one of a number of legitimate reasons 'based on equity'."

   In denying a grievance which challenged the use of Form 3971 when an employee sought to be excused from scheduled overtime due to illness, Arbitrator R. Bloch ruled:

   The use of the form in question in these particular circumstances does not fall squarely within the purpose for which the form was designed. From a purely technical standpoint, the employee is not requesting sick leave when he or she leaves, unexpectedly, from an overtime assignment. . . But neither may it be said that the use of the form for record keeping purposes is either unreasonable or prohibited by the labor agreement.

   Source: National Arbitration Award H1M-3W-C 29228, Arbitrator R. Bloch, dated September 5, 1985.

   6. 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.

   CIM

   The limitations set forth in this section apply to full-time regular employees who are not on the OTDL.

   Source: Step 4 Grievance H4M-3U-C 6982, dated May 30, 1986.

   The month of December and emergency situations are the only exceptions to the work hour limits provided by this section for full-time regular employees not on the OTDL.

   Both work and paid leave hours are "work" for the purposes of administration of Section 8.5F.

   [See Memos, pages 147-148]

   MEMORANDUM OF UNDERSTANDING

   - IMPROPER BY-PASS OVERTIME

   1. When, for any reason, an employee on the "Overtime Desired" list who has the necessary skills and who is available is improperly passed over and another employee on the list is selected for overtime work out of rotation, the following shall apply:
   1. An employee who was passed over shall, within ninety (90) days of the date the error is discovered, be given a similar make-up overtime opportunity for which he/she has the necessary skills.
   2. Should no similar make-up overtime opportunity present it- self within ninety (90) days subsequent to the discovery of the missed opportunity, the employee who was passed over shall be compensated at the overtime rate for a period equal to the opportunity missed.
   2. When, for any reason, an employee on the "Overtime Desired" list who has the necessary skills and who is available is improperly passed over and another employee not on the list is selected for overtime work, the employee who was passed over shall be paid for an equal number of hours at the overtime rate for the opportunity missed.
   3. When a question arises as to the proper administration of the "Overtime Desired" list at the local level, a Mail Handler steward may have access to appropriate overtime records.

   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]

   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 guaranteed 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 employee 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 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.

   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.)

   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]

   Section 9.2 Step Progression

   1. Table One – Career Appointments Before February 15, 2013
   The step progression for the Mail Handler Salary Schedule on Table One shall be as follows:

   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

   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

   2. 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:

   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

   Section 9.3 Cost of Living Adjustment

   1. Definitions;
      1. "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."
      2. "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."
   2. 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 2020 Index

      - the second full pay period after the release of the July 2020 Index

      - the second full pay period after the release of the January 2021 Index

      - the second full pay period after the release of the July 2021 Index

      - the second full pay period after the release of the January 2022 Index

      - the second full pay period after the release of the July 2022 Index

   3. 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 in Table One and Step P of Table 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.
   4. In the event the appropriate Index is not published on or before the beginning of the effective payroll period, any adjustment required will be made effective at the beginning of the second payroll period after publication of the appropriate Index.
   5. 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.
   6. If during the life of this Agreement, the BLS ceases to make available 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).

   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

   1. The Employer shall continue the current salary rate protection program for the duration of this Agreement.
   2. 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.

   [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’’’.

   Annual Rate and Differential

   Schedule 1
   Schedule 2 and MHA

   [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

   1. 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.
   2. 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.
   3. 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.

   (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

   1. 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.
   2. Care shall be exercised to assure that no employee is required to forfeit any part of such employee's annual leave.
   3. The parties agree that the duration of the choice vacation period(s) in all postal installations shall be determined pursuant to local implementation procedures.
   4. Annual leave shall be granted as follows:
      1. 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.
      2. 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.
      3. 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.
      4. The remainder of the employee's annual leave may be granted at other times during the year, as requested by the employee.
   5. 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.
   6. 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.

   Section 10.4 Vacation Planning

   The following general rules shall be observed in implementing the vacation planning program:

   1. 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.
   2. 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:
   1. 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.
   2. Determine a final date for submission of applications for vacation period(s) of the employee's choice during the choice vacation period(s).
   3. Provide official notice to each employee of the vacation schedule approved for each employee.
   3. 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.
   4. All advance commitments for granting annual leave must be honored except in serious emergency situations.

   Section 10.5 Implementation of the Leave Program

   1. 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.
   2. The vacation sign up list, after the initial sign up period, shall be maintained at a location accessible to employees.
   3. 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:
   1. 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.
   2. 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.
   4. 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.

   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:

   1. Credit employees with sick leave as earned.
   2. Charge to annual leave or leave without pay (at employee's option) approved absence for which employee has insufficient sick leave
   3. Employees becoming ill while on annual leave may have leave charged to sick leave upon request.
   4. Unit Charges for Sick Leave and Annual Leave shall be in mini- mum units of one hundredth of an hour (.01).
   5. For periods of absence of three (3) days or less, a supervisor may accept an employee's certification as reason for an absence.
   6. 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.

   [See Memos, pages 157-158]

   MEMORANDUM OF UNDERSTANDING SICK LEAVE FOR DEPENDENT CARE

   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.

   MEMORANDUM OF UNDERSTANDING TASK FORCE ON SICK LEAVE

   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.

   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

   1. 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.
   2. Holiday pay is in lieu of other paid leave to which an employee might otherwise be entitled on the employee's holiday.
   3. The number of hours of holiday leave pay for MHAs will be based on the following:
   • 200 Man Year offices – 8 hours
   • POSTPlan offices – 4 hours
   • All other offices – 6 hours

   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

   1. 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 described at Section 3A.
   2. 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.
   3. 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.

   Section 11.5 Holiday on Non-Work Day

   1. 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.
   2. 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.

   Section 11.6 Holiday Schedule

   1. 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.
   2. Employees shall be selected to work on a holiday within each category in the following order:
   1. All available and qualified part-time flexible employees, even if overtime is required.
   2. 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.
   3. MHAs, as specified below in Subsection D.
   4. 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.
   5. 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.
   6. 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.
   3. 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.
   4. Mail Handler Assistant Employees
   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.

   [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

   Section 12.1 Probationary Period

   1. The probationary period for a new employee shall be ninety (90) calendar days. The Employer shall have the right to separate from its employ any probationary employee at any time during the probationary period and these probationary employees shall not be permitted access to the grievance procedure in relation thereto.
   2. The parties recognize that the failure of the Employer to discover a falsification by an employee in the employment application prior to the expiration of the probationary period shall not bar the use of such falsification as a reason for discharge.
   3. When an employee completes the probationary period, seniority will be computed in accordance with this Agreement as of the initial day of full-time or part-time employment.
   4. When an employee who is separated from the Postal Service for any reason is re-hired, the employee shall serve a new probationary period. If the separation was due to disability, the employee's seniority shall be established in accordance with Section 12.2, if applicable.
   5. MHAs who successfully complete at least one 360-day term will not serve a probationary period when hired for a career appointment, provided such career appointment directly follows an MHA appointment.

   Section 12.2 Principles of Seniority

   Introduction
   1. The United States Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to the following seniority principles which replace all former rules, instructions, and practices.
   2. This Article will continue relative seniority standing properly established under past principles, rules and instructions and this Article shall be so applied. If an employee requests a correction of seniority standing, it is the responsibility of the requesting employee to identify and restate the specific instructions, rule, or practice in support of the request.
   1. Coverage These rules apply to full-time and part-time fixed schedule employees. No employee, solely by reason of this Section shall be displaced from an assignment which the employee gained in accord with former rules.
   2. Responsibility The installation head is responsible for the day-to-day administration of seniority. Installation heads will post a seniority list of Mail Handlers on all official bulletin boards for that installation and provide an electronic or hard copy to the Union representative in that installation. The seniority list shall be corrected and brought up to date quarterly.
   Definitions
   1. Craft Group A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level.
   2. Seniority Standing
   1. Seniority for full-time employees is computed from the date of appointment in the craft and continues to accrue so long as service in the craft (regardless of level) and installation is uninterrupted, except as otherwise pro- vided herein.
   2. Seniority for part-time fixed schedule employees is computed from the date of appointment in this category of the work force and continues to accrue so long as service in the craft and category and installation is un- interrupted.
   3. Duty Assignment A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty.
   4. Preferred Duty Assignments A preferred duty assignment is any assignment preferred by a full-time employee or a part-time fixed schedule employee within the employee's category.
   5. Bid A request submitted in writing, by telephone, or by computer to be assigned to a duty assignment by an employee eligible to bid on a vacancy or newly established duty assignment or a preferred assignment. Where telephone, computer, or other electronic bidding procedures are established, bids must be submitted by telephone, computer or other electronic methods as agreed to by the parties. [See Memo, page 161]
   6. Application A written request by a full-time employee or part-time fixed schedule employee within the employee's respective cate- gory for consideration for an assignment for which the employee is not entitled to submit a bid.
   7. Abolishment A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation.
   8. Reversion A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant.
   9. Residual Vacancy A duty assignment that remains vacant after the completion of the voluntary bidding process.
   3. Relative Standing of Part-Time Flexibles Part-time flexible employees and MHAs are placed on a part-time flexible or MHA roster, as appropriate, in the order of the date of their initial appointment in the installation. When changing such employees to full-time, they shall be taken in the order of their standing on the part-time flexible or the MHA roster. These employees do not have seniority rights; however, their rel- ative length of service shall be used for vacation scheduling and for purposes of conversion to full-time status. When there is an opportunity for conversion to full-time status in an installation and that installation has both part-time flexible and MHA employees available for conversion, the PTFs will be con- verted to full-time regular prior to the conversion of the MHAs.
   Changes in Which Seniority is Lost Except as specifically provided elsewhere in this Agreement an employee begins a new period of seniority:
   1. When the change is at the employee's request:
   1. From one postal installation to another, the employee will begin a new period of seniority as a part-time flexible, if such status is available in the installation.
   2. From another craft to the Mail Handler craft, the employee will begin a new period of seniority as a part- time flexible, if such status is available in the installation.
   2. Upon reinstatement or reemployment.
   3. Upon transfer into the Postal Service.
   Changes in Which Seniority is Retained, Regained or Restored
   1. Reemployment After Disability Separation. On reinstatement or reemployment after separation caused by disability, retirement or resignation because of personal illness and the employee so stated in the employee's resignation and furnished satisfactory evidence for inclusion in the employee's personnel folder, the employee receives seniority credit for past service for time on the disability retirement or for illness if reinstated or reemployed in the same postal installation and craft and in the same or lower salary level, from which originally separated; provided application for reinstatement or reemployment is made within six months from the date of recovery. The date of recovery in the case of disability retirement must be supported by notice of recovery from the Compensation Group, Office of Personnel Management, and in the case of resignation due to illness, by a statement from the applicant's attending physician or practitioner. When re- instatement is to the part-time flexible roster, standing on the roster shall be the same as if employment had not been interrupted by the separation.
   2. Restoration. On restoration in the same craft in the same installation after return from military service, transfer under letter of authority or unjust removal, employee shall regain the same seniority rights the employee would have if not separated.
   3. When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
   4. Reassignment and Return in 90 Days. Beginning on the effective date of the 2016 National Agreement, a Mail Handler who is voluntarily reassigned to another craft in the same installation with or without a change in grade level and who is subsequently voluntarily reassigned within 90 days back to the Mail Handler craft shall regain the seniority previously acquired as a Mail Handler which shall not include the period of intervening employment in the other craft.
   5. Failure to Meet Qualification Standards. When an employee is returned to the Mail Handler craft for not being able to meet the qualification standards for a job in the same installation, the employee shall regain former Mail Handler seniority.
   6. For purposes of excessing outside the installation, any Mail Handler involuntarily moving from one postal installation to another postal installation shall have seniority established as of the employee's time in the Mail Handler craft in the losing installation.
   7. An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:
   1. will begin a new period of seniority if the employee re- turns from a position outside the Postal Service; or
   2. will begin a new period of seniority if the employee re- turns from a nonbargaining unit position (i.e., a position outside of the bargaining units that were covered by the 1978 National Agreement) within the Postal Service, unless the employee returns within 2 years from the date the employee left the unit except as follows:
      1. An employee who left the craft and/or installation after the date of the issuance of the arbitration award determining the terms and conditions of the 1994 National Agreement, and returns to the craft and/or installation, will begin a new period of seniority unless the employee returns within 1 year from the date that the employee left the craft and/or installation.
      2. The seniority for an employee returning, within one year, under G7b1 above shall be established after reassignment as the seniority the employee had when he/she left minus seniority credit for service outside the craft and/or installation.
   3. Except as otherwise specifically provided for in this Agreement, effective the date of this Agreement, when it is necessary to resolve a tie in seniority between two or more Mail Handler craft employees, the following criteria shall apply in the order set forth below:
   1. Total continuous postal career service in the Mail Handler craft within the installation.
   2. Total postal career service in the Mail Handler craft within the installation.
   3. Total postal career service in the Mail Handler craft.
   4. Total postal career service within the installation.
   5. Total postal career service.
   6. Total Federal service as shown in the service computation date.
   7. Numerical by the last 3 or more numbers (using enough numbers to break the tie but not fewer than 3 numbers) of the employee's social security number, from the lowest to highest.
   4. Effective January 1, 2007, any Mail Handler who voluntarily transfers from one postal installation to another postal installation, and is subsequently accepted for voluntary transfer back to the original postal installation within one (1) year, shall have seniority established as the seniority the employee had when she/he left the original installation minus credit for service for the time away from that installation.
   All positions presently in the Mail Handler craft, including higher level positions, shall be filled by the senior qualified bidder meeting the qualification standards for the position, except that those positions which are presently designated best qualified shall be filled by the best qualified applicant.
   1. Key and Standard Positions Assigned to the Mail Handler Craft
   1. Key Position

      Mail Handler, MH 4, KP 8

   2. Standard Positions

      Group Leader Mail Handler, MH 5, SP1-33

      Label Printing Technician, MH 5, SP2-578

      Label Machine Operator, MH 4, SP2-579

      *Laborer, Materials Handling, MH 3, SP1-11

      Mail Handler Equipment Operator, MH 5, SP2-21 Mail Equipment Handler, MH 4, SP2-247

      Mail Handler Technician, MH 5, SP2-498

      Mail Processing Machine Operator, MH 5, SP2-354 Mail Processing Machine Operator, MH 5, SP2-470 Packer-Shipper, MH 4, SP2-581

      *When the "Laborer, Materials Handling" position is authorized for the post office branch, it is delegated to the Mail Handler Craft. When authorized for the Maintenance Branch it is assigned to the Maintenance Craft.

      Sack Sorting Machine Operator, MH 4, SP2-367

      Sack Sorting Machine Operator, MH 5, SP2-438

      Typist-Label Printing, MH 4, SP2-580

      Computer Print Line Production Operator, MH 5, SP2- 632

      Mail Rewrapper, MH 4, SP2-9

   2. Individual Positions Assigned to the Mail Handler Craft: Group Leader Mail Handlers, MH 6, IP248-7, 2315-02, Group Leader Sack Sorter Machine Operator, MH 6, IP25- 11-1, 2315-28, Mail Handler Leadman, MH 5, IP32-12-1, 2315-80.
   3. All Mail Handler employees of Level MH-5 may bid for the position of Examination Specialist, SP2-188.
   [See Letter, page 162]
   Filling Positions Reevaluated as One of the Positions Reserved for Bidding by MH 4's, MH 5's and MH 6's.
   1. When an occupied level 4 or 5 position is upgraded on the basis of the present duties:
   1. The incumbent will remain in the upgraded job pro- vided the incumbent has been in that job for more than one year.
   2. The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job for more than one year.
   2. When an occupied level 4 or 5 position is upgraded on the basis of duties which are added to the position:
   1. The incumbent will remain in the upgraded job pro- vided the incumbent has been in that job for more than one year. The year of required incumbency in the job begins when the employee first begins working the assignment.
   2. The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job in accordance with §12.2I2a, above.
   3. When management places automatic equipment in an office and an employee is assigned to operate the equipment, the time the employee spends on this job before it is ranked established shall be counted as incumbency in the position for the purpose of being upgraded or assigned.

   Section 12.3 Principles of Posting

   To insure a more efficient and stable work force, an employee may be designated a successful bidder no more than nine (9) times during the duration of this Agreement unless such bid:
   1. is to a job in a higher wage level;
   2. is due to elimination or reposting of the employee's duty assignment; or
   3. enables an employee to become assigned to a station closer to the employee's place of residence. It is the responsibility of the employee bidding to notify management that the employee is bidding “closer to home.”
   B In the Mail Handler Craft, Vacant Craft Duty Assignments Will Be Posted for Bid as Follows:
   1. Full-time and part-time fixed schedule employees will only bid for vacant assignments within their own category.
   2. Full-time employees may apply for residual vacancies in the part-time fixed schedule category, and selection from such applicants shall be based on senior employee meeting the qualification standards.
   3. All vacant or newly established craft duty assignments shall be posted for employees eligible to bid. Vacant duty assign- ments will be posted within 28 days of the date the assignment becomes vacant unless a determination has been made that the position is to be reverted. If the vacant assignment is reverted, a notice shall be posted within that same 28 day period advising of the action taken and the reasons therefore. In addition, a copy of the notice shall be provided to the ap- propriate Union representative. [See Letter, page 163 and Memo, page 165]
   4. When it is necessary that fixed scheduled day(s) of work in the basic work week for a craft assignment be permanently changed, the affected assignment(s) shall be reposted. The change in work days shall not be effected until the job has been posted. [See Memo, page 165]
   5. The determination of what constitutes a sufficient change of duties, or principal assignment area, to cause the duty assign- ment to be reposted shall be subject to local negotiations in accordance with local implementation provisions of this Agreement. [See Memo, page 165]
   6. No assignment will be posted because of change in starting time unless the change exceeds an hour. Any change in start- ing time that exceeds one (1) hour shall be posted for bid, except when there is a permanent change in starting time of more than one hour and up to and including four hours, the incumbent shall have the option to accept such new reporting time. If the incumbent does not accept the new reporting time, the assignment will be posted for bid. A change in start time of an assignment exceeding four (4) hours will include cumulative changes within the life of this Agreement. Cumulative changes must be within four hours prior and four hours after the start time of the assignment on the ratification date of this Agreement. When an assignment is posted for bid, the start time at the effective date of the bid will become the new point from which the cumulative changes are measured.
   7. Change in duty assignment, as specified below, will require reposting:
   1. A 50% change in duties (actual duties performed).
   2. A change in principal assignment area which requires reporting to a different physical location; i.e., station, branch, facility annex, etc., except the incumbent shall have the option to accept the new assignment.
   8. Vacant full-time Mail Handler assignments shall be posted for a period of ten (10) days.
   9. The installation head shall establish a method for handling multiple bidding on duty assignments which are simultaneously posted.
   10. An employee may withdraw a bid on a posted assignment, in writing or in the telephone or computerized bidding process, at any time before the closing time (hour and date) of the posting. Such withdrawal, to be official, shall be date stamped or processed by telephone or computer with confirmation.
   11. An unassigned full-time employee may bid on full-time duty assignments posted for bid by employees in the Mail Handler craft. An unassigned full-time employee may be assigned to any vacant duty assignment. Such employee shall be given a choice if more than one vacant assignment is available. When the number of unassigned full-time employees exceeds the number of residual vacant duty assignments, the senior unassigned employee(s) may elect to re- main unassigned provided that an unassigned regular making this election is not the only unassigned regular who can fill a higher-level position without promotion or is not the only unassigned regular qualified for a residual assignment. Part-time fixed schedule employees shall be treated similarly within their own category. Except in cases where the installation is under withholding, if no qualified unassigned full-time regular employee is available to be assigned to the residual vacancy, the senior part-time flexible employee in the installation will be con- verted to full-time regular and assigned to this residual vacant duty assignment. This provision is applicable to residual vacancies remaining from any bid posting after June 1, 2007.
   12. Mail Handlers temporarily detailed to a supervisory position (204b) or detailed to an EAS position may not bid on or be assigned to any vacant mail handler duty assignments while so detailed. However, nothing contained herein shall be construed to preclude such temporarily detailed employees from voluntarily terminating a 204b or EAS detail and returning to their craft position. After returning to the craft position for one (1) continuous pay period, such employees may exercise their right to bid on vacant mail handler craft duty assignments. The duty assignment of a full-time or part-time regular mail handler detailed to an EAS position or a supervisory position, including a supervisory training program, in excess of 120 consecutive days shall be declared vacant and shall be posted for bid in accordance with this Article. Under such circumstances, the employee shall not be eligible to re-bid the next posting of that assignment. Upon return to the craft, the mail handler will become an unassigned full-time or part- time regular mail handler with a fixed schedule. A mail handler temporarily detailed to an EAS position or supervisory position will not return or be returned to the craft solely to circumvent the provisions of Section 12.3B12. An employee detailed to an EAS position or supervisory position must return to the craft for a minimum of one (1) continuous pay period to prevent circumvention of the intent of this pro- vision, and for purposes of bidding must complete this one (1) continuous pay period prior to submitting a bid. Form 1723, Notice of Assignment, shall be used in detailing mail handlers to temporary supervisor positions (204b) or EAS detailed positions. The Employer will provide the Un- ion at the installation level with a copy of Form(s) 1723 showing the beginning and ending of all such details.
   1. Place of Posting The notice inviting bids for a craft assignment shall be posted on all official bulletin boards at the installation where the vacancy exists, including stations, branches and sections. Copies of the notice shall be given to the designated agent of the Union. When an absent employee has so requested in writing, stating the employee's mailing address, a copy of any notice inviting bids shall be mailed to the employee by the installation head. Posting and bidding for preferred duty assignments shall be installation-wide unless otherwise specified by local Agreement.
   Information on Notices Inviting Bids Notices Inviting Bids shall include:
   1. The duty assignment (as defined in section 12.2D3, if applicable) by position title and number; e.g., key, standard, or individual position.
   2. PS or MH salary level and craft.
   3. Hours of duty (beginning, ending).
   4. The principal assignment area; e.g., section and/or location of activity.
   5. Qualification standards and occupational code number.
   6. Physical requirement(s) unusual to the specific assignment (heavy lifting, etc.).
   7. Invitation to employees to submit bids.
   8. The fixed schedule of days of work.
   Successful Bidder
   1. Within 10 days after the closing date of the posting (including December), the installation head shall post a notice stat- ing the successful bidder and the bidder's seniority date. The senior qualified bidder meeting the qualification standards established for that position shall be designated the "successful bidder."
   2. The successful bidder must be placed in the new assignment within 15 days except in the month of December.
   3. Normally, an employee shall work the duty assignment for which the employee has been designated the successful bid- der. However, when an employee is moved off the employee's duty assignment, the employee shall not be replaced by another employee. For temporary reassignments not covered by Article 25, the movement of people outside the bid assignment area will be as follows:
   1. employees from other crafts performing work in accordance with Articles 7 or 13;
   2. MHAs;
   3. part-time flexible employees;
   4. part-time regular employees;
   5. full-time regular Mail Handler employees;
   6. the order of movement of full-time regular Mail Handler employees in .3E3e, above shall be a subject for local negotiations; however, if an agreement is not reached at the local level, the matter will be referred to the Area Manager, Human Resources and the Regional Director, Mail Handlers Union for settlement.
   4. Except as otherwise provided by this Agreement, no employee shall be allowed to displace or "bump" another employee properly holding a position or duty assignment.

   [See Memos and Letters, pages 164-178]

   Section 12.4 Definition of a Section

   The Employer and the Union shall define sections in accordance with the local implementation provision of this Agreement. Such definition will be confined to one or more of the following:

   1. pay location;
   2. by floor;
   3. tour;
   4. job within an area;
   5. type of work;
   6. by branches or stations;
   7. the entire installation;
   8. incoming;
   9. outgoing.

   Section 12.5 Principles of Reassignments

   1. A primary principle in effecting reassignments will be that dislocation and inconvenience to employees in the regular work force shall be kept to a minimum, consistent with the needs of the Service. Reassignments will be made in accordance with this Section and the provisions of Section 12.6 below.
   1. When a major relocation of employees is planned in major metropolitan areas or due to the implementation of national postal mail networks, the Employer will apply this Article in the development of the relocation and reassignment plan. At least 90 days in advance of implementation of such plan, the Employer will meet with the Union at the national level to fully advise the Union how it intends to implement the plan. If the Union believes such plan violates this Agreement, the matter may be grieved.
   2. Such plan shall include a meeting at the regional/area level (which local level union representatives may attend) in advance (as much as six months whenever possible) of the reassignments anticipated. The Employer will advise the Union, at the Regional level, based on the best estimates available at the time, of the anticipated impact; the numbers of employees affected; the locations to which they will be reassigned; and, in the case of a new installation, the anticipated complement by tour. The Union, at the Regional level, will be periodically updated by the Area should any of the information change due to more current data being available.
   3. When employees are excessed out of their installation, the Union at the regional level may request a comparative work hour report of the losing installation 60 days after the excessing of such employees.
   4. If a review of the report does not substantiate that business conditions warranted the action taken, such employees shall have their retreat rights activated. If the retreat right is denied, the employees have the right to the grievance-arbitration procedure.
   2. In order to minimize the impact on employees in the regular work force, the Employer agrees to separate, to the extent possible, MHAs working in the affected craft and installation prior to excessing any regular employee in that craft out of the installation. The junior full-time employee who is being excessed has the option of reverting to part-time flexible status in his/her craft, if such status is available in the installation, or of being reassigned to the gaining installation.

   Section 12.6 Reassignments

   Basic Principles and Reassignments When it is proposed to:
   1. Discontinue an independent installation;
   2. Consolidate an independent installation (i.e., discontinue the independent identity of an installation by making it part of another and continuing independent installation);
   3. Transfer a classified station or classified branch to the juris- diction of another installation or make an independent installation;
   4. Reassign within an installation employees excess to the needs of a section of that installation;
   5. Reduce the number of regular work force employees of an installation other than by attrition;
   6. Centralize mail processing and/or delivery installations; or
   7. Reduce the number of part-time flexibles other than by attrition; such actions shall be subject to the following principles and requirements.
   Principles and Requirements
   1. Dislocation and inconvenience to full-time and part-time flexible employees shall be kept to the minimum consistent with the needs of the service.
   2. The Vice President, Area Operations shall give full consideration to withholding sufficient full-time and part-time flexible positions within the area for full-time and part-time flexible employees who may be involuntarily reassigned. When positions are withheld, the local union may request, on a quarterly basis, that local management review the continuing need for withholding such positions and management shall discuss with the union the results of such review. If and when local management learns that an installation is re- leased, in whole or in part, from withholding, it shall notify the Union.
   3. Except as otherwise provided by this agreement, no employee shall be allowed to displace, or "bump" another employee, properly holding a position or duty assignment.
   4. Under Section 12.6A4, governing reassignments within an installation of the employees excess to the needs of a section, the Union at the local level shall be notified in advance (as much as 30 days whenever possible).
   5. Full-time and part-time flexible employees involuntarily de- tailed or reassigned from one installation to another shall be given not less than 60 days advance notice, if possible, and shall receive moving, mileage, per diem and reimbursement for movement of household goods, as appropriate, if legally payable, will be governed by the applicable standardized Government travel regulations, currently set forth in Handbook F-15, Travel and Relocation.
   6. The Regional Director for the NPMHU will receive at least 30 days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted employees will receive the same notice at least 30 days in advance. Where employee relocation benefits are applicable the Regional Director for the NPMHU will receive at least 60 days notice for excessing outside of the installation. Such notice shall include a list of potential vacancies for reassignments. Impacted employees will receive the same notice at least 60 days in advance.
   7. Any employee volunteering to accept reassignment to an- other craft or occupational group, another branch of the Postal Service, or another installation shall start a new period of seniority beginning with such assignment, except as pro- vided herein.
   8. Whenever changes in mail handling patterns are undertaken in a geographic area including one or more postal installations with resultant successive reassignments of Mail Handlers from those installations to one or more central installations, the reassignment of Mail Handlers shall be treated as details for the first 120 days for purposes of bidding only in order to prevent inequities in the seniority lists at the gaining installations. The 120 days is computed from the date of the first detail of a Mail Handler to the central, consolidated or new installation in that specific planning program. If a tie develops in establishing the merged seniority roster at the gaining installation, it shall be broken by total continuous service in the regular work force in the same craft.
   9. Whenever in this Agreement provision is made for reassignments, it is understood that any full-time or part-time flexible employees reassigned must meet the qualification requirements of the position to which reassigned.
   10. It is understood that any employee entitled hereunder to a specific placement may exercise entitlement only if no other employee has a superior claim hereunder to the same position.
   1. Surplus U.S. Postal Service employees from non- mail processing and non mail delivery installations, area offices, the U.S. Postal Service Headquarters or from other Federal departments or agencies shall be placed at the foot of the part-time flexible roll and begin a new period of seniority effective the date of reassignment.
   2. Former full-time post office Mail Handlers who were reassigned to mail bag repair centers and depositories on or before July 1, 1956, and who since such reassignment have been continuously employed in the same center or depository and subsequent to March 31, 1965:
   1. When such an employee is declared excess and is returned to the Mail Handler craft in the same installation from which the employee was reassigned, seniority shall be the same as for continuous service in the craft and installation.
   2. Should such an employee who is not excess volunteer to be returned to the installation in place of a junior excess employee, seniority in the Mail Handler craft and installation will be that of the junior excess employee.
   3. If such an employee voluntarily transfers to the employee's former installation he/she shall begin a new period of seniority.
   Special Provisions on Reassignments In addition to the general principles and requirements above specified, the following specific provisions are applicable:
   1. Discontinuance of an Independent Installation
   1. When an independent installation is discontinued, all full-time and part-time flexible employees shall, to the maximum extent possible, be involuntarily reassigned to continuing postal positions in accordance with the following:
   2. Involuntary reassignment of full-time employees with their seniority for duty assignments to vacancies in the same, higher, or lower level in the same craft or occupational group in installations within 50 miles of the discontinued installation, or if necessary within 100 miles of the discontinued installation, or in more distant installations, if after consultation with the Union, it is determined that it is necessary. The Postal Service will designate such installations for the reassignment of excess full-time employees. When two or more such vacancies are simultaneously available, first choice of duty assignment shall go to the senior employee entitled by displacement from a discontinued installation to such placement.
   3. Involuntary reassignment of full-time employees for whom consultation did not provide for placement under 12.6C1b above, in other crafts or occupational groups in which they meet minimum qualifications at the same or lower level.
   4. Involuntary reassignment of part-time flexible employees with seniority in any part-time flexible vacancy in the same craft or occupational group at any installation within 50 miles of the discontinued installation, or if necessary within 100 miles of the discontinued installation, or in more distant installations, if after consultation with the Union it is determined that it is necessary, the Postal Service will designate such installations for the reassignment of the part-time flexible employees.
   5. Involuntary reassignment of part-time flexible employees for whom consultation did not provide for placement under 12.6C1d, above in other crafts or occupational groups in which they meet minimum qualification at the same or lower level at the foot of existing part-time flexible roster at the receiving installation and begin a new period of seniority.
   6. Full-time employees for whom no full-time vacancies are available by the time the installation is discontinued shall be changed to part-time flexible employees in the same craft and placed as such, if such status is available in the installation, but shall for six months retain placement rights to full-time vacancies developing within that time within any installation within 50 miles of the discontinued installation, or if necessary within 100 miles of the discontinued installation, or in more distant installations, if after consultation with the Union it is necessary, U.S. Postal Service will designate such installations for the reassignment of excess full-time employees on the same basis as if they had remained full-time.
   7. Employees, full-time or part-time flexible, involuntarily reassigned as above provided shall upon the reestablishment of the discontinued installation be entitled to reassignment with full seniority to the first vacancy in the reestablished installation in the level, craft or occupational group from which reassigned.
   2. Consolidation of an Independent Installation
   1. When an independent postal installation is consolidated with another postal installation, each full-time or part- time flexible employee shall be involuntarily reassigned to the continuing installation without loss of seniority in the employee's craft or occupational group.
   2. Where reassignments under 12.6C2a preceding, result in an excess of employees in the continuing installation, identification and placement of excess employees shall be accomplished by the continuing installation in accordance with the provisions of this Agreement covering such situations.
   3. If the consolidated installation again becomes an independent installation, each full-time and part-time flexible employee whose reassignment was necessitated by the previous consolidation shall be entitled to the first vacancy in the reestablished installation in the level and craft or occupational group held at the time the installation was discontinued.
   3. Transfer of a Classified Station, Classified Branch or other Facility to the Jurisdiction of Another Installation or Made an Independent Installation
   1. When a classified station, classified branch or other facility is transferred to the jurisdiction of another installation or made an independent installation, all full-time employees shall at their option remain with the classified station, classified branch or other facility without loss of seniority, or remain with the installation from which the classified station, classified branch or other facility is being transferred.
   2. A realistic appraisal shall be made of the number of employees by crafts or occupations who will be needed in the station, branch or other facility after transfer, and potential vacancies within these requirements created by the unwillingness of employees to follow the station, branch or other facility to the new jurisdiction shall be posted for bid on an office-wide basis in the losing installation.
   3. If the postings provided in paragraph 12.6C3b preceding, do not result in sufficient employees to staff the transferred classified station, classified branch or other facility, junior employees, by craft or occupational group on an installation-wide seniority basis in the losing installation, shall be involuntarily reassigned to the classified station, classified branch or other facility and each employee thus involuntarily reassigned shall be entitled to the first vacancy in such employee's level and craft or occupational group in the installation from which transferred.
   4. Reassignment Within an Installation of Employees Excess to the Needs of a Section
   1. The identification of assignments comprising for this purpose a section shall be determined locally by local negotiations. If no sections are established by local negotiations, the entire installation shall comprise the section.
   2. Full-time employees, excess to the needs of a section, starting with that employee who is junior in the same craft or occupational group and in the same level as- signed in that section, shall be reassigned outside the section but within the same craft or occupational group. They shall retain their seniority and may bid on any existing vacancies for which they are eligible to bid. If they do not bid, they may be assigned any vacant duty assignment for which there was no senior bidder in the same craft and installation. Their preference is to be considered if more than one such assignment is available.
   3. Such reassigned full-time employee retains the right to retreat to the section from which withdrawn only upon the occurrence of the first residual vacancy in the salary level after employees in the section have completed bidding. Such bidding in the section is limited to employees in the same salary level as the vacancy. Failure to bid for the first available vacancy will end such re- treat right. The right to retreat to the section is optional with the employee who has retreat rights with respect to a vacancy in a lower salary level. Failure to exercise the option does not terminate the retreat rights in the salary level in which the employee was reassigned away from the section.
   4. When full-time duty assignment(s) in the same craft or occupational group and the same level in the section are to be abolished and the junior employee(s) from the Section are to be reassigned, the following shall apply:
   1. The appropriate duty assignment(s) shall be identified and abolished.
   2. The junior full-time employee(s) excess to the needs of the section shall be identified and reassigned.
   3. The duty assignment(s) encumbered by the employee(s) junior to the senior employee whose duty assignment is abolished will be offered, in seniority order, and in an expedited selection process, to the employee(s) remaining in the section beginning with the senior employee whose duty assignment was abolished. An employee(s) declining to make a selection when canvassed shall be assigned to the duty assignment(s) remaining in the section after the expedited selection process has been completed.
   4. The results of the above-listed actions shall be effective at the beginning of the succeeding pay period.
   5. Reduction in the Number of Employees in an Installation Other Than by Attrition
   1. Reassignments within installation. When for any rea- son an installation must reduce the number of employees more rapidly than is possible by normal attrition, that installation:
   1. Shall determine by craft and occupational group the number of excess employees;
   2. Shall, to the extent possible, minimize the impact on regular work force employees by separation all MHAs;
   3. Shall, to the extent possible, minimize the impact on full-time positions by reducing part-time flexible hours;
   4. Shall identify as excess the necessary number of junior full-time employees in the craft and occupational group affected on an installation-wide basis within the installation; make reassignments of excess full-time employees who meet the minimum qualifications for vacant assignments in other crafts in the same installation; involuntarily reassign them in the same or lower level. Before resorting to reassignment to other installations pursuant to C5b, any senior employee(s) identified as excess who meet(s) the minimum qualifications for vacant assignments in other crafts and who volunteer(s) to remain in the installation in other crafts shall be assigned in lieu of junior employees who are identified as excess.
   5. The employee shall be returned at the first opportunity to the craft from which reassigned.
   6. When returned, the employee retains seniority previously attained in the craft augmented by intervening employment in the other craft.
   7. Except as provided for in paragraph C5a4 above, the right of election by a senior employee provided in paragraph12.6C5b9, below is not available for this cross-craft reassignment within the installation.
   2. Reassignments to Other Installations After Making Reassignments Within the Installation:
   1. Involuntarily reassign such excess full-time employees starting with the junior with their seniority into mail handler vacancies in the gaining installation at the same, higher, or lower level for which they are qualified within 50 miles of the losing installation. Mail handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time regular, part-time regular, part-time flexible), with- out concern to level.
   2. Involuntarily reassign full-time employees for whom vacancies were not identified in C5b1 above in other crafts or occupational groups in which they meet minimum qualifications at the same or lower level within 50 miles of the losing installation.
   3. If sufficient vacancies cannot be identified within the 50 mile area, involuntarily reassign excess employees into mail handler vacancies in the gaining installation at the same, higher, or lower level for which they are qualified within 100 miles. Mail handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time regular, part-time regular, part-time flexible), without concern to level.
   4. If vacancies cannot be identified within the employees' own craft and occupational group, then vacancies will be identified in other crafts with in the 100 mile area. Involuntarily reassign ex- cess employees for whom vacancies were not identified in C5b3 above in other crafts or occu- pational groups in which they meet minimum qualifications at the same or lower level.
   5. If vacancies cannot be identified within the 100 mile area, and after consultation with the affected union it is determined that it is necessary, the Postal Service will designate more distant installations for the reassignment of excess full- time employees.
   6. If a veteran preference eligible is reached when assigning impacted or unassigned employees to lower level assignments, the following will apply:
   1. The most junior non-preference eligible same level mail handler in the gain- ing installation shall be reassigned to the lower level vacancy.
   2. The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler.
   3. Any employee reassigned to a lower level duty assignment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade.
   4. The non-preference eligible mail handler moved to the lower level duty assignment shall have retreat rights back to the former duty assignment the first time it becomes vacant.
   5. A veteran preference eligible mail handler for personal convenience may waive the right to appeal through the grievance process, to the Equal Employment Opportunity Commission, and/or to the Merit Systems Protection Board and select a duty assignment at a lower level with saved grade with the same saved grade in C5b6c above.
   6. If no level 5 vacancies exist, or if all level 5 occupied positions at the gain- ing installation are occupied by veteran preference eligible mail handlers, the withholding radius will be expanded to allow for placement unless the veteran preference eligible applies C5b6e above.
   7. The Regional Director for the NPMHU will receive at least 30 days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted employees will receive the same notice at least 30 days in advance. Where employee relocation benefits are applicable the Regional Director for the NPMHU will receive at least 60 days notice for excessing outside of the installation. Such notice shall include a list of potential vacancies for reassignments. Impacted employees will receive the same notice at least 60 days in advance.
   8. Impacted mail handlers, and senior in lieu of vol- unteers, may be placed as unassigned regular mail handlers in the gaining installation provided that sufficient vacancies will be available for placement of all such unassigned regular mail handlers (regardless of level) within six (6) months of the date that the employee was placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immedi- ately placed into the first available residual va- cancy by management in accordance with the provisions of Article 12 of the National Agree- ment, provided that Level 5 veteran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacan- cies or in accordance with paragraph C5b6 above.
   9. Any senior employee in the same occupational group in the same installation may elect to be reassigned to the gaining installation and take the seniority of the senior full-time employee sub- ject to involuntary reassignment. Such senior employees who accept reassignment to the gain- ing installation do not have retreat rights.
   10. When two or more such vacancies are simulta- neously available, first choice of duty assign- ment shall go to the senior employee entitled by displacement from a discontinued installation to such placement.
   11. A full-time employee shall have the option of changing to part-time flexible in the same craft or occupational group in lieu of involuntary reassignment, if part-time flexible status exists in the losing installation.
   12. Employees involuntarily reassigned under 12.6C5b1 through 12.6C5b5 above, other than senior employees who elect to be reassigned in place of junior employees, shall be entitled to be returned to the first vacancy in any level, in the craft or occupational group in the installation from which reassigned, and such entitlement shall be honored until the employee withdraws or declines to accept an opportunity to return.
   6. Centralized Mail Processing and/or Delivery Installation
   1. When the operations at a centralized installation or other mail processing and/or delivery installation result in an excess of full-time Mail Handlers at another installation(s), full-time Mail Handlers who are excess in a losing installation(s) by reason of the change, shall have a choice to be:
   1. Involuntarily reassigned in other crafts or oc- cupational groups in which they meet mini- mum qualifications at the same or lower level if no vacancies are available in the same craft or occupational group within 50 miles of the losing installation; or,
   2. Involuntarily reassigned starting with the jun- ior with their seniority for duty assignments to vacancies in the same, higher, or lower level in the same craft or occupational group in instal- lations within 100 miles of the losing installa- tion, or in more distant installations if after consultation with the affected Union it is deter- mined that it is necessary, the Postal Service will designate such installations for the reas- signment of excess full-time employees.
   3. Reassignments of Mail Handlers and employ- ees from other crafts involuntarily reassigned into the Mail Handler craft shall be treated as details for the first 120 days, for bidding pur- poses only, to avoid inequities in the selection of preferred duty assignments by full-time Mail Handlers in the gaining installation.
   2. Previously established preferred duty assignments which become vacant before expiration of the detail period must be posted for bid and awarded to eligible full-time Mail Handlers then permanently assigned in the gaining installation. Excess part-time flexible Mail Handlers may be reassigned as provided for in Section 12.6C7.
   3. All new duty assignments created in the gaining installation and all other vacant duty assignments in the centralized installation shall be posted for bid. One hun- dred twenty (120) days is computed from the date of the first detail of an employee. Bidding shall be open to all full-time mail handlers of the craft involved at the gain- ing installation. This includes full-time Mail Handlers assigned to the gaining installation. Employees involuntarily reassigned under 12.6C6 shall be entitled to be returned to the first vacancy in any level, in the craft or occupational group in the installation from which reassigned, and such entitlement shall be honored until the employee withdraws or declines to accept an opportunity to return.
   7. Reassignment-Part-time Flexible Employees in Excess of the Needs of the Craft/Installation Where there are excess part-time flexible employees in the craft for whom work is not available, part-time flexibles low- est on the part-time flexible roll equal in number to such ex- cess may at their option be reassigned to the foot of the part- time flexible roll in the same or another craft in another in- stallation.
   1. An excess part-time flexible employee reassigned to another craft in the same or another installation shall be assigned to the foot of the part-time flexible roll and begin a new period of seniority.
   2. An excess part-time flexible employee reassigned to the same craft in another installation shall be assigned the seniority and relative standing the employee had in the losing installation.
   3. A senior part-time flexible in the same craft or occupational group in the same installation may elect to be re-assigned in another installation in the same or another craft and take the seniority, if any, of the senior excess part-time flexible being reassigned, as set forth in 12.6C7a and 12.6C7b above.
   4. The Postal Service will designate, after consultation with the Union, vacancies at installations in which ex- cess part-time flexibles may request to be reassigned beginning with vacancies in other crafts in the same installation; then vacancies in the same craft in other installations; and finally vacancies in other crafts in other installations making the designations to minimize relocation hardships to the extent practicable.
   5. Part-time flexibles reassigned to another craft in the same installation shall be returned to the first part-time flexible vacancy within the craft and level from which reassigned.
   6. Part-time flexibles reassigned to other installations have retreat rights to the next such vacancy according to their standing on the part-time flexible roll in the los- ing installation but such retreat right does not extend to part-time flexibles who elect to request reassignment in place of the junior part-time flexibles.
   7. Retreat rights shall be honored until the employee withdraws or an opportunity to return is declined, with full seniority or relative standing held in the installation from which reassigned plus credit for service for the time away from the installation.
   Part-Time Regular Employees Part-time regular employees assigned in the craft unit shall be considered to be in a separate category. All provisions of this Section apply to part-time regular employees within their own category.

   Section 12.7 Transfer Request

   1. Prior to hiring Mail Handlers, installation heads will consider requests for transfers submitted by Mail Handlers from other installations.
   2. Providing a written request for a voluntary transfer has been submitted, a written acknowledgment shall be given in a timely manner.
   3. An employee whose transfer is approved will be allowed to use up to five (5) days of annual leave or five (5) days leave without pay for purpose of transferring.

   [See Memos, pages 168, 170, 173]

   Article 13 Assignment of Ill or Injured Regular Work Force Employees

   Section 13.1 Introduction

   1. Part-time fixed schedule employees assigned in the craft unit shall be considered to be in a separate category. All provisions of this Article apply to part-time fixed schedule employees within their own category.
   2. The U.S. Postal Service and the Union, recognizing their responsibility to aid and assist deserving full-time regular or part-time flexible employees who through illness or injury are unable to perform their regularly assigned duties, agree to the following provisions and conditions for reassignment to temporary or permanent light duty or other assignments. It will be the responsibility of each installation head to implement the provisions of this Agreement within the installation, after local negotiations.

   Section 13.2 Employee's Request for Reassignment

   1. Temporary Reassignment Any full-time regular or part-time flexible employee recuperating from a serious illness or injury and temporarily unable to perform the assigned duties may voluntarily submit a written request to the installation head for temporary assignment to a light duty or other assignment. The request shall be supported by a medical statement from a licensed physician or by a written statement from a licensed chiropractor stating, when possible, the anticipated duration of the convalescence period. Such employee agrees to submit to a further examination by a physician designated by the installation head if that official so requests.
   2. Permanent Reassignment
   1. Any ill or injured full-time regular or part-time flexible employee having a minimum of five years of postal service, or any full-time regular or part-time flexible employee who sustained injury on duty, regardless of years of service, while performing the assigned duties can submit a voluntary request for permanent reassignment to light duty or other assignment to the installation head if the employee is permanently unable to perform all or part of the assigned duties. The request shall be accompanied by a medical certificate-- from a physician designated by the installation head and made known to the Union and the employee--giving full evidence of the physical condition of the employee, the need for reassignment, and the ability of the employee to perform other duties. A certificate from the employee's personal physician will not be acceptable.
   2. The following procedures are the exclusive procedures for resolving a disagreement between the employee's physician and the physician designated by the USPS concerning the medical condition of an employee who has requested a permanent light duty assignment. These procedures shall not apply to cases where the employee's medical condition arose out of an occupational illness or injury. On request of the Union, a third physician will be selected from a list of five Board Certified Specialists in the medical field for the condition in question, the list to be supplied by the local Medical Society. The physician will be selected by the alternate striking of names from the list by the Union and the Employer. The Employer will supply the selected physician with all relevant facts including job description and occupational physical requirements. The decision of the third physician will be final as to the employee's medical condition and occupational limitations, if any. Any other issues relating to the employee's entitlement to a light duty assignment shall be resolved through the grievance-arbitration procedure. The costs of the services of the third physician shall be shared by the Union and the Employer.
   3. Installation heads shall show the greatest consideration for full- time regular or part-time flexible employees requiring light duty or other assignments, giving each request careful attention, and reassign such employees to the extent possible in the employee's office. When a request is refused, the installation head shall notify the concerned employee in writing, stating the reasons for the inability to reassign the employee.

   Section 13.3 Local Implementation

   Due to varied size installations and conditions within installations, the following important items having a direct bearing on these reassignment procedures (establishment of light duty assignments) should be determined by local negotiations.

   1. Through local negotiations, each office will establish the assignments that are to be considered light duty within the office. These negotiations should explore ways and means to make adjustments in normal assignments, to convert them to light duty assignments without seriously affecting the production of the assignment.
   2. Light duty assignments may be established from part-time hours, to consist of 8 hours or less in a service day and 40 hours or less in a service week. The establishment of such assignment does not guarantee any hours to a part-time flexible employee.
   3. Number of Light Duty Assignments. The number of assignments within the craft that may be reserved for temporary or permanent light duty assignments, consistent with good business practices, shall be determined by past experience as to the number of reas- signments that can be expected during each year, and the method used in reserving these assignments to insure that no assigned full-time regular employee will be adversely affected, will be de- fined through local negotiations. The light duty employee's tour hours, work location and basic work week shall be those of the light duty assignment and the needs of the service, whether or not the same as for the employee's previous duty assignment.

   Section 13.4 General Policy Procedures

   1. Every effort shall be made to reassign the concerned employee within the employee's present craft or occupational group. After all efforts are exhausted in this area, consideration will be given to reassignment to another craft or occupational group within the same installation.
   2. The full-time regular or part-time flexible employee must be able to meet the qualifications of the position to which the employee is reassigned on a permanent basis. On temporary reassignment, qualifications can be modified provided excessive hours are not used in the operation.
   3. The reassignment of a full-time regular or part-time flexible employee to a temporary or permanent light duty or other assignment shall not be made to the detriment of any full-time regular on a scheduled assignment or give a reassigned part-time flexible preference over other part-time flexible employees.
   4. The reassignment of a full-time regular or part-time flexible employee under the provisions of this Article to an agreed-upon light duty temporary or permanent or other assignment within the office, such as type of assignment, area of assignment, hours of duty, etc., will be the decision of the installation head who will be guided by the examining physician's report, employee's ability to reach the place of employment and ability to perform the duties involved.
   5. An additional full-time regular position can be authorized within the craft or occupational group to which the employee is being reassigned, if the additional position can be established out of the part-time hours being used in that operation without increasing the overall hour usage. If this cannot be accomplished, then con- sideration will be given to reassignment to an existing vacancy.
   6. The installation head shall review each light duty reassignment at least once each year, or at any time the installation head has rea- son to believe the incumbent is able to perform satisfactorily in other than the light duty assignment the employee occupies. This review is to determine the need for continuation of the employee in the light duty assignment. Such employee may be requested to submit to a medical review by a physician designated by the installation head if the installation head believes such examination to be necessary.
   7. The following procedures are the exclusive procedures for resolving a disagreement between the employee's physician and the physician designated by the USPS concerning the medical condition of an employee who is on a light duty assignment. These procedures shall not apply to cases where the employee's medical condition arose out of an occupational illness or injury. On re- quest of the Union, a third physician will be selected from a list of five Board Certified Specialists in the medical field for the condition in question, the list to be supplied by the local Medical Society. The physician will be selected by the alternate striking of names from the list by the Union and the Employer. The Employer will supply the selected physician with all relevant facts including job descriptions and occupational physical requirements. The decision of the third physician will be final as to the employee's medical condition and occupational limitations, if any. Any other issues relating to the employee's entitlement to a light duty assignment shall be resolved through the grievance-arbitration procedure. The costs of the services of the third physician shall be shared by the Union and the Employer.
   8. When a full-time regular employee in a temporary light duty assignment is declared recovered on medical review, the employee shall be returned to the employee's former duty assignment, if it has not been discontinued. If such former regular assignment has been discontinued, the employee becomes an unassigned full- time regular employee.
   9. If a full-time regular employee is reassigned in another craft for permanent light duty and later is declared recovered, on medical review, the employee shall be returned to the first available full- time regular vacancy in complement in the employee's former craft. Pending return to such former craft, the employee shall be an unassigned full-time regular employee. The employee's seniority shall be restored to include service in the light duty assignment.
   10. When a full-time regular employee who has been awarded a permanent light duty assignment within the employee's own craft is declared recovered, on medical review, the employee shall be- come an unassigned full-time regular employee.
   11. When a part-time flexible on temporary light duty is declared re- covered, the employee's detail to light duty shall be terminated.
   12. When a part-time flexible who has been reassigned in another craft on permanent light duty is declared recovered, such assignment to light duty shall be terminated. Section 4I, above, does not apply even though the employee has advanced to full-time regular while on light duty.

   Section 13.5 Filling Vacancies Due to Reassignment of an Employee to Another Craft

   When it is necessary to permanently reassign an ill or injured full-time regular or part-time flexible employee who is unable to perform the regularly assigned duties, from one craft to another craft within the office, the following procedures will be followed:

   1. When the reassigned employee is a full-time regular employee, the resulting full-time regular vacancy in the complement, not necessarily in the particular duty assignment of the losing craft from which the employee is being reassigned, shall be posted to give the senior of the full-time regular employees in the gaining craft the opportunity to be reassigned to the vacancy, if desired.
   2. If no full-time regular employee accepts the opportunity to be as- signed to the vacancy in the complement, not necessarily in the particular duty assignment in the other craft, the senior of the part- time flexibles on the opposite roll who wishes to accept the vacancy shall be assigned to the full-time regular vacancy in the complement of the craft of the reassigned employee.
   3. When the reassigned employee is a part-time flexible, the resulting vacancy in the losing craft shall be posted to give the senior of the full-time regular or part-time flexible employees in the gaining craft the opportunity to be assigned to the part-time flexible vacancy, if desired, to begin a new period of seniority at the foot of the part-time flexible roll.
   4. The rule in 5A and 5B, above, applies when a full-time regular employee on permanent light duty is declared recovered and is returned to the employee's former craft, to give the senior of the full-time regular or part-time flexible employees in the gaining craft the opportunity, if desired, to be assigned in the resulting full-time regular vacancy in the complement, not necessarily in the particular duty assignment of the losing craft.

   Section 13.6 Seniority of an Employee Assigned to Another Craft

   1. Except as provided for in Section 4I, above, a full-time regular employee assigned to another craft or occupational group in the same or lower level in the same installation shall take the seniority for preferred tours and assignments, whichever is the lesser of (a) one day junior to the junior full-time regular employee in the craft or occupational group, (b) retain the seniority the employee had in the employee's former craft.
   2. A part-time flexible employee who is permanently assigned to a full-time regular or part-time flexible assignment in another craft, under the provisions of this Article, shall begin a new period of seniority. If assigned as a part-time flexible, it shall be at the foot of the part-time flexible roll.

   Section 13.7 Notice

   Employees will be given at least 24 hours notice before appearance is required before an Accident Review Board. Union representation will be permitted at all discussions of accidents upon request of the employee, provided that the acquiring of such representation does not unreasonably delay the scheduled discussion.

   Article 14 Safety and Health

   Section 14.1 Responsibilities

   It is the responsibility of management to provide safe working conditions in all present and future installations and to develop a safe working force. The Union will cooperate with and assist management to live up to this responsibility. The Employer agrees to give appropriate consideration to human factors in the design and development of automated systems.

   Section 14.2 Cooperation

   1. The Employer and the Union insist on the observance of safe rules and safe procedures by employees and insist on correction of unsafe conditions. Mechanization, vehicles and vehicle equipment and the work place must be maintained in a safe and sanitary condition, including adequate occupational health and environmental conditions. The Employer shall make available at each installation forms to be used by employees in reporting unsafe and unhealthful conditions. If an employee believes he/she is being required to work under unsafe conditions, such employees may:
   1. notify the employee's supervisor who will immediately investigate the condition and take corrective action if necessary;
   2. notify such employee's steward, if available, who may discuss the alleged unsafe condition with such employee's supervisor;
   3. file a grievance at Step 2 of the grievance procedure within fourteen (14) days of notifying such employee's supervisor if no corrective action is taken during the employee's tour;
   4. and/or make a written report to the Union representative from the local Safety and Health Committee who may discuss the report with such employee's supervisor. Upon written request of the employee involved in an accident, a copy of the PS Form 1769 (Accident Report) will be provided.
   2. Any grievance which has as its subject a safety or health issue directly affecting an employee and which is subsequently properly appealed to arbitration in accordance with the provisions of Article 15 may be placed at the head of the appropriate arbitration docket.

   Section 14.3 Implementation

   To assist in the positive implementation of the program:

   1. 1. There shall be established at the Employer's Headquarters level, a Joint Labor-Management Safety Committee. Repre- sentation on the Committee, to be specifically determined by the parties, shall include representatives from the Union and representatives from appropriate Departments in the Postal Service. Not later than 60 days following the effec- tive date of this Collective Bargaining Agreement, desig- nated representatives of the Union and Management will meet for the purpose of developing a comprehensive agenda which will include all aspects of the Employer's Safety Pro- gram. Subsequent to the development of this agenda priori- ties will be established and a tentative schedule will be de- veloped to insure full discussion of all topics. Meetings may also be requested by either party for the specific purpose of discussing additional topics of interest within the scope of the Committee.
      2. The responsibility of the Committee will be to evaluate and make recommendations on all aspects of the Employer's Safety Program, to include program adequacy, implementa- tion at the local level, and studies being conducted for im- proving the work environment.
      3. The Chairman will be designated by the Employer. The Un- ion, in conjunction with the Chairman, shall schedule the meetings, and recommend priorities on new agenda items. The Employer shall furnish the Union information relating to injuries, illness and safety, including the morbidity and mortality experience of employees. This report shall be in the form of reports furnished OSHA on a quarterly basis.
      4. The Headquarters level Committee will meet quarterly and the Employer and Union Representatives will exchange pro- posed agenda items two weeks before the scheduled meetings. If problems or items of a significant, National nature arise between scheduled quarterly meetings any party may request a special meeting of the Committee. Any party will have the right to be accompanied to any Committee meeting by no more than two technical advisors.
      5. There shall be established at the Employer's Area level, a Regional/Area Joint Labor-Management Safety Committee, which will be scheduled to meet quarterly. The Employer and Union Representatives will exchange proposed agenda items two weeks before the scheduled meetings. If problems or items of a significant, Regional/Area-wide nature arise between scheduled quarterly meetings, any party may re- quest a special meeting of the Committee. Any party will have the right to be accompanied to any committee meeting by no more than two technical advisors.
      6. Representation on the Committee shall include representa- tives from the Union and appropriate representatives from the Postal Service Area Office. The Chairman will be designated by the Employer.
   2. The Employer will make Health Service available for the treat- ment of job related injury or illness where it determines they are needed. The Health Service will be available from any of the fol- lowing sources: government or public medical sources within the area; independent or private medical facilities or services that can be contracted for; or in the event funds, spaces and personnel are available for such purposes, they may be staffed at the installa- tion. The Employer will promulgate appropriate regulations which comply with applicable regulations of the Office of Work- ers Compensation Program, including employee choice of health services.
   3. The Employer will comply with the Postal Employees Safety Enhancement Act of 1998.

   Section 14.4 Local Safety Committee

   At each postal installation having 50 or more employees, a Joint Labor- Management Safety and Health Committee will be established. Similar committees may be established upon request of the installation head in in- stallations having fewer than 50 employees, as appropriate. Where no Safety and Health Committee exists, safety and health items may be placed on the agenda and discussed at labor-management meetings. There shall be equal representation on the Committee between the participating unions and management. The representation on the Committee, to be specifically de- termined by the parties, shall include one person from each of the partici- pating unions and appropriate management representatives. The Chairman will be designated by the Employer.

   It is recognized that under some circumstances, the presence of an addi- tional employee employed at the installation will be useful to the local Safety and Health Committee because of that employee's special expertise or experience with the agenda item being discussed. Under these circum- stances, which will not normally be applicable to most agenda items, the employee may, at the request of the Union, be in attendance only for the time necessary to discuss that item. Payment for the actual time spent at such meetings by the employee will be at the applicable straight-time rate, providing the time spent is a part of the employee's regular workday.

   Section 14.5 Subjects for Discussion

   Individual grievances shall not be made the subject of discussion during Safety and Health Committee meetings.

   Section 14.6 Employee Participation

   It is the intent of this program to insure broad exposure to employees, to develop interest by active participation of employees, to insure new ideas being presented to the Committee and to make certain that employees in all areas of an installation have an opportunity to be represented. At the same time, it is recognized that for the program to be effective, it is desirable to provide for a continuity in the committee work from year to year. Therefore, except for the Chairman and Secretary, the Committee members shall serve three-year terms and shall at the discretion of the Union be eligible to succeed themselves.

   Section 14.7 Local Committee Meetings

   The Safety and Health Committee shall meet at least quarterly and at such other times as requested by a Committee member and approved by the Chairman in order to discuss significant problems or items. The meeting shall be on official time. Each Committee member shall submit agenda items to the Secretary at least three (3) days prior to the meeting. A member of the Medical/Health Unit will be invited to participate in the meeting of the Labor-Management Safety and Health Committee when agenda item(s) relate to the activities of the Medical/Health Unit.

   No request for a Safety and Health Committee meeting shall be unreasonably denied. If the local Union Safety and Health Committee member feels a request was unreasonably denied, the matter will be referred to the Union’s Regional Office and the Employer’s Area Office Safety Manager for a determination if the Safety and Health Committee should convene prior to the quarterly meeting.

   Section 14.8 Local Committee Responsibilities

   The Committee shall review the progress in accident prevention and health at the installation; determine program areas which should have increased emphasis; and it may investigate major accidents which result in disabling injuries. Items properly relating to employee safety and health shall be considered appropriate discussion items. Upon a timely request, information or records necessary for the local Safety and Health Committee to investigate real or potential safety and health issues will be made available to the Committee. In addition, the Committee shall promote the cause of Safety and Health in the installation by:
   1. Reviewing Safety and Health suggestions, safety training records and reports of unsafe conditions or practices.
   2. Reviewing local Safety and Health rules.
   3. Identifying unsafe work practices and assisting in enforcing work-related safety rules.
   4. Reviewing updated list of hazardous materials used in the installation.
   1. The Committee shall, at its discretion, render reports to the installation head and may at its discretion make recommendations to the installation head for action on matters concerning safety and health. The installation head shall within a reasonable period of time advise the Committee that the recommended action has been taken or advise the Headquarters Safety and Health Committee and the Presidents of the participating local unions as to why it has not. Any member of the Committee may also submit a written report to the Headquarters Safety and Health Committee in the event the Committee's recommendations are not imple- mented.
   2. Upon proper written request to the Chairman of the Committee, on-the-spot inspection of particular troublesome areas may be made by individual Committee members or a Subcommittee or the Committee as a whole. Such request shall not be unreasona- bly denied. When so approved, the Committee members shall be on official time while making such inspection.
   3. A Union representative from the local Safety and Health Committee may participate in the annual inspection, conducted by the Manager, Human Resources, in the main facility of each District and NDC, provided that the Union represents employees at the main facility of the District or NDC being inspected. In no case shall there be more than one (1) Union representative on such in- spections.
   4. A Union representative from the local Safety and Health Committee may participate in other inspections of the main facility of each post office, District, NDC, or other installation with 100 or more man years of employment in the regular work force, and of an individual station or branch where the station or branch has 100 or more man years of employment in the regular work force, provided that the Union represents employees at the main facility or station or branch and provided that the Union representative is domiciled at the main facility or station or branch to be inspected. If the Union representative to the local Safety and Health Committee is not domiciled at the main facility or station or branch to be inspected and if the Union represents employees at that main facility or station or branch, at the Union's option, a representative from the Committee may participate in the inspection (at no additional cost for the Employer) or the Union may designate a representative domiciled at the main facility, or station or branch to be inspected to participate in the inspection. In no case shall there be more than one (1) Union representative on such inspections.
   5. One Union representative from the local Safety and Health Committee, selected on a rotational basis by the participating Unions, may participate in the annual inspection of each installation with less than 100 man years of employment in the regular work force, where such Committee exists in the installation being inspected. In those installations that do not have a Safety and Health Com- mittee, the inspector shall afford the opportunity for a bargaining unit employee from that installation to accompany him during these inspections.
   An appointed member of a local committee will receive an orientation by the Employer which will include:
   1. Responsibilities of the Committee and its members.
   2. Basic elements of the Safety and Health Program.
   3. Identification of hazards and unsafe practices.
   4. Explanation of reports and statistics reviewed and analyzed by the Committee.
   6. Since it has been some time since some members of Safety Committees received orientation, all current members will receive an orientation not later than December 27, 2007.
   7. Where an investigation board is appointed by an Vice President, Area Operations or a District Manager to fbmcinvestigate a fatal or serious industrial non-criminal accident and/or injury, the Union at the installation will be advised promptly. When requested by the Union, a representative from the local Safety and Health Committee will be permitted to accompany the board in its inves- tigation.
   In installations where employees represented by the Union accept, handle and/or transport hazardous materials, the Employer will establish a program of promoting safety awareness through communications and/or training, as appropriate. Elements of such a program would include, but not be limited to:
   1. Informational postings, pamphlets or articles in postal and Area publications.
   2. Distribution of Publication 52 to employees whose duties require acceptance of and handling hazardous items.
   3. On-the-job training of employees whose duties require the handling and/or transportation of hazardous items. This training will include, but is not limited to, hazard identification; proper handling of hazardous materials; personal protective equipment availability and its use; cleanup and disposal requirements for hazardous materials.
   4. All mailbags containing any hazardous materials, as defined in Publication 52, will be appropriately identified so that the employee handling the mail is aware that the mailbag contains one or more hazardous material packages.
   5. Personal protective equipment will be made available to employees who are exposed to spills and breakage of hazardous materials.

   Section 14.9 Field Federal Safety and Health Councils

   In those cities where Field Federal Safety and Health Councils exist, one representative of the Mail Handler Union who is on the Local Safety and Health Committee in an independent postal installation in that city and who serves as a member of such Councils, will be permitted to attend the meetings. Such employee will be excused from regularly assigned duties without loss of pay. Employer-authorized payment as outlined above will be granted at the applicable straight time rate, provided the time spent in such meetings is a part of the employee's regular work day.

   (The preceding Article, Article 14, shall apply to Mail Handler Assistant employees.)

   Article 15 Grievance-Arbitration Procedure

   Section 15.1 Definition

   A grievance is defined as a dispute, difference, disagreement or complaint between the parties related to wages, hours, and conditions of employment. A grievance shall include, but is not limited to, the complaint of an employee or of the Union which involves the interpretation, application of, or compliance with the provisions of this Agreement or any local Memorandum of Understanding not in conflict with this Agreement.

   Section 15.2 Grievance Procedure-Steps

   Step 1:

   1. Any employee who feels aggrieved must discuss the grievance with the employee's immediate supervisor within fourteen (14) days of the date on which the employee or the Union first learned or may reasonably have been expected to have learned of its cause unless the parties agree in writing to extend the fourteen (14) day period. The employee, if he or she so desires, may be accompanied and represented by the employee's steward or a Union representative. The Union also may initiate a grievance at Step 1 within 14 days of the date the Union first became aware of (or reasonably should have become aware of) the facts giving rise to the grievance. In such case the participation of an individual grievant is not required.

      A Step 1 Union grievance may involve a complaint affecting more than one employee in the office. Whenever the facts giving rise to a grievance relate to an incident/issue occurring or arising on a specific date and involve more than one employee in the office, a Step 1 or Step 2 grievance may only be initiated by the Union as a Union grievance on behalf of all involved employees within a specific work location in an installation as provided in Article 17.2A or as defined by local practice. Should any grievances concerning the same incident/issue be filed at Step 1 by individual employees, the Union will consolidate all such grievances and select a representative grievance which may be appealed to Step 2. Should multiple grievances concerning the same incident/issue be improperly filed/initiated at Step 1 by the Union, management shall notify the Union, and if so notified, the Union shall consolidate all such grievances and select a representative grievance which may be heard at Step 1.

   2. In any discussion at Step 1 the supervisor shall have authority to settle the grievance. The steward or other Union representative likewise shall have authority to settle or withdraw the grievance in whole or in part. No resolution reached as a result of such discussion shall be a precedent for any purpose.
   3. If no resolution is reached as a result of such discussion, the supervisor shall render a decision orally stating the reasons for the decision. The supervisor's decision should be stated during the discussion, if possible, but in no event shall it be given to the Union representative (or the grievant, if no Union representative was requested) later than five (5) days thereafter un- less the parties agree to extend the five (5) day period. Within five (5) days after the supervisor's decision, the supervisor shall, at the request of the Union representative, initial the standard grievance form that is used at Step 2 confirming the date upon which the decision was rendered.
   4. The Union shall be entitled to appeal an adverse decision to Step 2 of the grievance procedure within ten (10) days after receipt of the supervisor's decision. Such appeal shall be made by completing a standard grievance form developed by agreement of the parties, which shall include appropriate space for at least the following:
   1. Detailed statement of facts;
   2. Contentions of the grievant;
   3. Particular contractual provisions involved; and
   4. Remedy sought.

   The parties at the national level shall agree upon a computer-generated version of the standard grievance form that may be used to appeal an adverse decision to Step 2.

   Step 2:

   1. The standard grievance form appealing to Step 2 shall be filed with the installation head or designee. In any associate post office of twenty (20) or less employees, the Employer shall designate an official outside of the installation as the Step 2 official, and shall so notify the Union Step 1 representative.
   2. Any grievance initiated at Step 2, pursuant to Article 2 of this Agreement, must be filed within fourteen (14) days of the date on which the Un- ion or the employee first learned or may reasonably have been expected to have learned of its cause.
   3. The installation head or designee will meet with the steward or a Union representative as expeditiously as possible, but no later than seven (7) days following receipt of the Step 2 appeal unless the parties agree upon a later date. In all grievances appealed from Step 1 or filed at Step 2, the grievant shall be represented in Step 2 for all purposes by a steward or a Union representative who shall have authority to settle or withdraw the grievance as a result of discussions or compromise in this Step. The installation head or designee in Step 2 also shall have authority to grant or settle the grievance in whole or in part.
   4. At the meeting the Union representative shall make a full and detailed statement of facts relied upon, contractual provisions involved, and remedy sought. The Union representative may also furnish written statements from witnesses or other individuals. The Employer representative shall also make a full and detailed statement of facts and contractual provisions relied upon. The parties' representatives shall cooperate fully in the effort to develop all necessary facts, including the exchange of copies of all relevant papers or documents in accordance with Article 31. The parties' representatives may mutually agree to jointly interview witnesses where desirable to assure full development of all facts and contentions. In addition, in cases involving discharge either party shall have the right to present no more than two witnesses. Such right shall not preclude the parties from jointly agreeing to interview additional witnesses as provided above.
   5. Where grievances appealed to Step 2 involve the same, or substantially similar issues or facts, one such grievance to be selected by the Union representative shall be designated the "representative" grievance. If not re- solved at Step 2, the "representative" grievance may be appealed to Step 3 of the grievance procedure. All other grievances which have been mutually agreed to as involving the same, or substantially similar issues or facts as those involved in the "representative" grievance shall be held at Step 2 pending resolution of the "representative" grievance, provided they were timely filed at Step 1 and properly appealed to Step 2 in accordance with the grievance procedure.
   6. Following resolution of the "representative" grievance, the parties in- volved in that grievance shall meet at Step 2 within seven (7) days of their receipt of that resolution, unless the parties agree upon a later date, to identify the other pending grievances involving the same, or substantially simi- lar issues or facts, and to apply the resolution to those grievances. Disputes over the applicability of the resolution of the "representative" grievance shall be resolved through the grievance-arbitration procedures contained in this Article; in the event it is decided that the resolution of the "representative" grievance is not applicable to a particular grievance, the merits of that grievance shall also be considered.
   7. Any settlement or withdrawal of a grievance in Step 2 shall be in writing or shall be noted on the standard grievance form and shall be furnished to the Union representative within ten (10) days after the Step 2 meeting unless the parties agree to extend the ten (10) day period. Any such settlement or withdrawal shall not be a precedent for any purpose, unless the parties specifically so agree or develop an agreement to dispose of future similar or related problems.
   8. Where agreement is not reached, the Employer's decision shall be furnished to the Union representative in writing within ten (10) days after the Step 2 meeting unless the parties agree to extend the ten (10) day period. The decision shall include a full statement of the Employer's understanding of (1) all relevant facts, (2) the contractual provisions involved, and (3) the detailed reasons for denial of the grievance.
   9. If the Union representative believes that the facts or contentions set forth in the decision are incomplete or inaccurate, such representative should, within ten (10) days of receipt of the Step 2 decision, transmit to the Employer's representative a written statement setting forth corrections or additions deemed necessary by the Union. Any such statement must be included in the file as part of the grievance record in the case. The filing of such corrections or additions shall not affect the time limits for appeal to Step 3.
   10. The Union may appeal an adverse Step 2 decision to Step 3. Any such appeal must be made within fifteen (15) days after receipt of the Employer's decision unless the parties' representatives agree to extend the time for appeal. Any appeal must include copies of
   1. the standard grievance form,
   2. the Employer's written Step 2 decision, and, if filed
   3. the Union corrections or additions to the Step 2 decision.

   Step 3:

   1. Any appeal from an adverse decision in Step 2 shall be in writing to the appropriate management official at the LR Service Center with a copy to the Employer's Step 2 representative, and shall specify the reasons for the appeal.
   2. The grievant shall be represented at Step 3 level by the Union's Regional representative, or designee. The Step 3 meeting of the parties' representatives to discuss the grievance shall be held at the respective Postal Service office (former regional headquarters) within fifteen (15) days after it has been appealed to Step 3. Step 3 discussions by telephone or video conferencing are permitted with the agreement of both parties’ representatives. These discussions and reviews will have the same contractual force and effect as if the parties had met in person. Each party's representative shall be responsible for making certain that all relevant facts and contentions have been developed and considered. The Union representative shall have authority to settle or withdraw the grievance in whole or in part. The Employer's representative likewise shall have authority to grant the grievance in whole or in part. In any case where the parties' representatives mutually conclude that relevant facts or contentions were not developed adequately in Step 2, they shall have authority to jointly return the grievance to the Step 2 level for full development of all facts and further consideration at that level. In such event, the parties' representatives at Step 2 shall meet within seven (7) days after the grievance is returned to Step 2. Thereafter, the time limits and procedures applicable to Step 2 grievances shall apply.
   3. The Employer's written Step 3 decision on the grievance shall be pro- vided to the Union's Step 3 representative within fifteen (15) days after the parties have met in Step 3, unless the parties agree to extend the fifteen (15) day period. Such decision shall state the reasons for the decision in detail and shall include a statement of any additional facts and contentions not previously set forth in the record of the grievance as appealed from Step 2. Such decision also shall state whether the Employer's Step 3 representative believes that no interpretive issue under this Agreement or some supplement thereto which may be of general application is involved in the case.
   4. The Union, at the Regional level, may appeal an adverse decision directly to arbitration at the Regional level within twenty-one (21) days after the receipt of the Employer's Step 3 decision in accordance with the procedure hereinafter set forth; provided the Employer's Step 3 decision states that no interpretive issue under this Agreement or some supplement thereto which may be of general application is involved in the case.
   5. If either party's representative maintains that the grievance involves an interpretive issue under this Agreement, or some supplement thereto which may be of general application, the Union representative shall be entitled to appeal an adverse decision to Step 4 (National level) of the grievance procedure. Any such appeal must be made within twenty-one (21) days after receipt of the Employer's decision and include copies of the standard grievance form, the Step 2 and Step 3 decisions and, if filed, any Union corrections and additions filed at Steps 2 or 3. The Union shall furnish a copy of the Union appeal to the appropriate management official at the Grievance/Arbitration Processing Center.

      The party whose representative maintains that the grievance involves an interpretive issue shall provide the other party a written notice specifying in detail the precise interpretive issues(s) to be decided. The Employer's notice shall be included in the Step 3 decision. The Union's written notice shall be automatically included as part of the grievance record in the case but the filing of such notice shall not affect the time limits for appeal.

   [See Memos, pages 182-183]

   Step 4:

   1. In any case properly appealed or referred to this Step the parties shall meet at the National level promptly, but in no event later than thirty (30) days after filing such appeal or referral in an attempt to resolve the grievance. The Union representative shall have authority to settle or with- draw the grievance in whole or in part. The Employer's representative shall have authority to grant or settle the grievance in whole or in part. The parties' Step 4 representatives may, by mutual agreement, return any grievance to Step 3 where
   1. the parties agree that no national interpretive issue is fairly presented or
   2. it appears that all relevant facts have not been developed adequately. In such event, the parties shall meet at Step 3 within fifteen (15) days after the grievance is returned to Step 3. Thereafter the procedures and time limits applicable to Step 3 grievances shall apply. Following their meeting in any case not returned to Step 3, a written decision by the Employer will be rendered within fifteen (15) days after the Step 4 meeting unless the parties agree to extend the fifteen (15) day period. The decision shall include an adequate explanation of the reasons therefore. In any instance where the parties have been unable to dispose of a grievance by settlement or withdrawal, the Union shall be entitled to appeal it to arbitration at the National level within thirty (30) days after receipt of the Employer's Step 4 decision.

   Any local grievances filed on the specific interpretive issue shall be held in abeyance at Step 3 pending resolution of the national interpretive dispute.

   [See Memo, page 182]

   Section 15.3 Grievance Procedure-General

   1. The parties expect that good faith observance, by their respective representatives, of the principles and procedures set forth above will result in settlement or withdrawal of substantially all grievances initiated hereunder at the lowest possible step and recognize their obligation to achieve that end. Every effort shall be made to ensure timely compliance and payment of monetary grievance settlements and arbitration awards. The Employer agrees that upon receipt of necessary paperwork, from the grievant and/or union, concerning a grievance settlement or arbitration award, monetary remuneration will be made. The necessary paperwork is the documents and statements specified in Subchapter 436.4 of the ELM. The Employer will provide the union copies of appropriate pay adjustment forms, including confirmation that such forms were submitted to the appropriate postal officials for compliance and that action has been taken to ensure that the affected employee(s) receives payment and/or other benefits. In the event that an employee is not paid within sixty (60) days after submission of all the necessary paperwork, such employee, upon request, will be granted authorization from management to receive a pay advance equal to seventy (70) percent of the payment owed the employee. In the event of a dispute between the parties concerning the correct amount to be paid, the advance required by this section will be the amount that is not in dispute.
   2. The failure of the employee or the Union in Step 1, or the Union thereafter to meet the prescribed time limits of the Steps of this procedure, including arbitration, shall be considered as a waiver of the grievance. However, if the Employer fails to raise the issue of timeliness at Step 2, or at the step at which the employee or Union failed to meet the prescribed time limits, whichever is later, such objection to the processing of the grievance is waived.
   3. Failure by the Employer to schedule a meeting or render a decision in any of the Steps of this procedure within the time herein provided (including mutually agreed to extension periods) shall be deemed to move the grievance to the next Step of the grievance-arbitration procedure.
   4. It is agreed that in the event of a dispute between the Union and the Employer as to the interpretation of this Agreement, such dispute may be initiated as a grievance at the Step 4 level by either party. Such a grievance shall be initiated in writing and must specify in detail the facts giving rise to the dispute, the precise interpretive issues to be decided and the contention of the initiating party. Thereafter the parties shall meet in Step 4 within thirty (30) days in an effort to define the precise issues involved, develop all necessary facts, and reach agreement. Should they fail to agree, then, within fifteen (15) days of such meeting, each party shall provide the other with a statement in writing of its understanding of the issues involved, and the facts giving rise to such issues. In the event the parties have failed to reach agreement within sixty (60) days of the initiation of the grievance in Step 4, the Union then may appeal it to arbitration, within thirty (30) days thereafter.
   5. The parties have agreed to jointly develop and implement a Contract Interpretation Manual (CIM) within six (6) months after the effective date of the 1998 National Agreement. The CIM will set forth the parties' mutual understanding regarding the proper interpretation and/or application of the provisions of this Agreement. It is not intended to add to, modify, or replace, in any respect, the language in the current Agreement; nor is it intended to modify in any way the rights, responsibilities, or benefits of the parties under the Agreement. However, production of the CIM demonstrates the mutual intent of the parties at the National level to encourage their representatives at all levels to reach resolution regarding issues about which the parties are in agreement and to encourage consistency in the application of the terms of the Agreement. For these reasons, the positions of the parties as set forth in the CIM shall be binding on the representatives of both parties in the resolution of disputes at the Local and Regional levels, and in the processing of grievances through Steps 1, 2 and 3 of the grievance-arbitration procedure. In addition, the positions of the parties as set forth in the CIM are binding on the arbitrator, in accordance with the provisions of Article 15.4A6, in any Regional level arbitration case in which the CIM is introduced. The CIM will be updated periodically to re- flect any modifications to the parties' positions which may result from National level arbitration awards, Step 4 decisions, or other sources. The parties' representatives are encouraged to utilize the most recent version of the CIM at all times.

   [See Memos and Letters, pages 180-187]

   Section 15.4 Arbitration

   General Provisions
   1. A request for arbitration shall be submitted within the specified time limit for appeal.
   2. No grievance may be arbitrated at the National level except when timely notice of appeal is given the Employer in writing by the Union. No grievance may be appealed to arbitration at the Regional level except when timely notice of appeal is given in writing to the appropriate management official at the LR Service Center by the certified representative of the Union in the particular Region. Such representative shall be certified to appeal grievances by the Union to the Employer at the National level.
   3. All grievances appealed to arbitration will be placed on the appropriate pending arbitration list(s) in the order in which appealed. The Employer, in consultation with the Union, will be responsible for maintaining appropriate dockets of grievances, as appealed, and for administrative functions necessary to assure efficient scheduling and hearing of cases by arbitrators at all levels.
   4. In order to avoid loss of available hearing time, except in National level cases, a sufficient number of back-up cases shall be scheduled in accordance with Article 15.4B2 to be heard in the event of late settlement or withdrawal of grievances before the hearing. In the event that the parties settle a case or either party withdraws a case five (5) or more days prior to the scheduled arbitration date, the backup cases on the appropriate arbitration list shall be scheduled. In the event that either party withdraws a case less than five (5) days prior to the scheduled arbitration date, and the parties are unable to agree on scheduling other cases on that date, the party withdrawing the case shall pay the full costs of the arbitrator for that date. If the parties settle a case less than five (5) days prior to the scheduled arbitration date and are unable to agree to schedule other cases, the parties shall share the costs of the arbitrator for that date. This paragraph shall not apply to National level arbitration cases.
   5. Arbitration hearings normally will be held during working hours where practical. Employees whose attendance as witnesses is required at hearings during their regular working hours shall be on Employer time when appearing at the hearing, provided the time spent as a witness is part of the employee's regular working hours. Absent a more permissive local past practice and at no cost to the Employer, the Employer will permit one (1) change of work schedule per case scheduled for arbitration for either the grievant or a witness, provided notice is given to his or her immediate supervisor at least two (2) days prior to the scheduled arbitration hearing.
   6. All decisions of an arbitrator will be final and binding. All decisions of arbitrators shall be limited to the terms and provisions of this Agreement, and in no event may the terms and provisions of this Agreement be altered, amended, or modified by an arbitrator. Unless otherwise provided in this Article, all costs, fees and expenses charged by an arbitrator will be shared equally by the parties.
   7. The parties agree that, upon receipt of the award, each arbitrator's fees and expenses shall be paid in a prompt and timely manner.
   8. All arbitrators on the District Regular Contract/Discipline Panels and the District Expedited Panels and on the National Panel shall serve for the term of this Agreement and shall continue to serve for six (6) months thereafter, unless the parties otherwise mutually agree. [See Letter, page 187]
   9. Arbitrators on the National and on the District Regular Contract/Discipline and District Expedited Panels shall be selected by the method agreed upon by the parties at the National Level. The parties shall meet for this purpose within ninety (90) days after signing this Agreement. In the event the parties cannot agree on individuals to serve on these pan- els, or to fill any vacancies, selection shall be made by the alternate striking of names from the appropriate list.
   [See Letter, page 190]
   Regional Level Arbitration-Regular
   1. In each District three (3) separate dockets of cases to be heard in arbitration shall be maintained for the Union by the Employer at the Area level:
   1. one for all removal cases and cases involving suspensions for more than 30 days;
   2. one for all cases appealed or referred to Expedited Arbitration; and
   3. one for all other cases appealed to arbitration at the Regional Level.
   2. Regional Arbitration Scheduling
   1. Except as otherwise provided in B2b hereunder, all cases will be scheduled from their respective dockets for each District on a first-in, first-out order based on appeal to arbitration date unless the Union and Employer otherwise agree at the Regional level.
   2. Grievances involving letters of warning or suspensions that have been timely appealed or referred to Expedited or Regular arbitration, where such discipline is cited in a removal or suspension of more than thirty (30) days timely appealed to Regional arbitration, will be provided priority scheduling on the respective docket to assure that such grievances are heard prior to the grievance regarding the removal or suspension of more than thirty (30) days. In no case shall a grievance regarding the removal or suspension of more than thirty (30) days be heard prior to adjudication of the timely-appealed grievance involving discipline cited in the removal or suspension of more than thirty (30) days. Grievances involving separate elements of discipline cited in a par- ticular removal or suspension of more than thirty (30) days will not be combined for hearing without the mu- tual consent of the parties.
   3. The parties agree that all cases will be heard in arbitration within 120 days from the date of the grievance appeal to arbitration. If a grievance is not heard in arbitration within the 120 days, the grievance will be scheduled as the first primary case on the next available arbitration hearing date. If, one (1) year after the effective date of this Agreement, this hearing requirement is not complied with by a particular District Panel(s) for three (3) consecutive Accounting Periods, the parties will meet to jointly select a sufficient number of additional arbitrators for that panel(s) to ensure compliance with this hearing requirement. Such meetings and addition of arbitrators will continue, as jointly agreed to by the parties, until the panel(s) is in compliance with the hearing requirement.
   4. The primary case(s) assigned for each arbitration date will be listed on the scheduling letter. Unless mutually agreed otherwise, a maximum of two (2) primary cases from the District Regular Contract and District Regular Discipline dockets and a minimum of six (6) cases from the District Expedited docket will be listed on the respective scheduling letters. In addition every open case from the particular post office where the primary case(s) are located will be scheduled in the event the primary case(s) are resolved or withdrawn; a listing of such cases will be attached to the scheduling letter. If multiple cases exist at the primary location, the cases will be heard in order of appeal date, unless otherwise mutually agreed by the parties. The primary cases will be backed up with three (3) additional cases from the same District and Union geographic area. It is understood that the parties will resolve or arbitrate the cases at this primary location prior to moving to the first back-up location. The parties agree that cases will be heard rather than lose a hearing date. The primary case(s) and the back-up cases will appear in the scheduling letter to the arbitrator and the parties, which will be submitted no later than forty-five (45) days prior to the scheduled hearing date, unless the par- ties at the Area/Regional level agree otherwise in a specific instance.
   5. If all cases at the primary location are resolved or withdrawn, the first back-up case shall become the scheduled case. If the first back-up case is resolved or withdrawn, additional back-up cases will consist of any open cases (see Section 4B2a for priority scheduling) at the post office location where the first back-up case is scheduled. The scheduling of these cases at the first back-up location shall go in order of appeal date to arbitration unless otherwise agreed at the Area/Regional level. If all cases at the first back-up location are resolved or withdrawn, the second back-up case shall become the scheduled case. If that case is resolved or withdrawn, any open cases (see Section 4B2a for priority scheduling) at the second back-up location will be scheduled as above, first-in, first-out. If all cases at the second back-up location are resolved or withdrawn, the third back-up case shall become the scheduled case, and the same procedures shall apply for scheduling additional cases at that location.
   6. In the event that all back-up locations are exhausted, the location will be determined by the order of appeal date of cases within the same District and Union geographic area and will continue until no arbitration appeals remain either in the original District or union geographic area.
   7. If the procedures in B2d through B2f are exhausted, additional locations will be determined by the parties based upon mutual agreement at the Area/Regional level. If no agreement is reached, scheduling of cases will be based upon the order in which cases were appealed to Regional arbitration.
   8. The appropriate management official at the LR Service Center will provide to the Union at the National level a list of the pending cases on each docket by District listed in order of first-in, first-out.
   9. If more than one hearing on a particular date is scheduled for a particular union geographic area, the union at the Regional level may request, and the Employer will agree to a mutually acceptable scheduling adjustment to another union geographic area.
   3. Only discipline cases involving suspensions of 30 days or less and those other disputes as may be mutually determined by the parties shall be appealed or referred to Expedited Arbitration in accordance with Section 4C hereof.
   4. Cases appealed or referred to arbitration, which involve removals or suspensions for more than 30 days, shall be scheduled from the appropriate District Regular Discipline docket for hearing at the Regional Level at the earliest possible date in the order in which appealed by the Union or referred.
   5. If a written request is submitted by either party at least thirty (30) days prior to the scheduled hearing date for a case(s) appealed to Regional arbitration, the parties will promptly (normally no later than ten (10) calendar days after the request is received by the other party) conduct pre-arbitration discussions regarding the specified case(s).
   6. If either party concludes that a case appealed or referred to Regional Arbitration involves an interpretative issue under the National Agreement or some supplement thereto which may be of general application, that party may withdraw the case from arbitration and refer the case to Step 4 of the grievance procedure. The party referring the case to Step 4 shall pay the full costs of the arbitrator for that date unless another scheduled case is heard on that date. The party whose representative maintains that the grievance involves an interpretive issue shall provide the other party a written notice specifying in detail the precise interpretive issue(s) to be decided and that party's contention with regard to the issue. A copy of the notice will be provided to the designated management and union officials at the Area/Regional level.
   7. The arbitrators on each District Panel shall be scheduled to hear cases on a rotating system basis, unless otherwise agreed by the parties.
   8. Normally, there will be no transcripts of arbitration hearings or filing of post-hearing briefs in cases heard in Regular Re- gional level arbitration, except either party at the National level may request a transcript, and either party at the hearing may request to file a post-hearing brief. However, each party may file a written statement setting forth its understanding of the facts and issues and its argument at the beginning of the hearing and also shall be given an adequate opportunity to present argument at the conclusion of the hearing.
   9. The arbitrator in any given case should render an award therein within thirty (30) days of the close of the record in the case.
   Regional Level Arbitration Expedited
   1. The parties agree to continue the utilization of an expedited arbitration system for disciplinary cases of 30 days suspension or less which do not involve interpretation of this Agreement and for such other cases as the parties may mutually determine. This system may be utilized by agreement of the National Union and the Vice-President, Labor Relations, or designee. In any such case, the Federal Mediation and Conciliation Service or American Arbitration Association shall immediately notify the designated arbitrator. The designated arbitrator is that member of the District Ex- pedited Panel who, pursuant to a rotation system, is sched- uled for the next arbitration hearing. Immediately upon such notification the designated arbitrator shall arrange a place and date for the hearing promptly but within a period of not more than ten (10) working days. If the designated arbitrator is not available to conduct a hearing within the ten (10) working days, the next panel member in rotation shall be notified until an available arbitrator is obtained.
   2. The parties agree that all cases will be heard in arbitration within 120 days from the date of the grievance appeal to arbitration. If a grievance is not heard in arbitration within the 120 days, the grievance will be scheduled as the first case to be heard on the next available arbitration date. If, one (1) year after the effective date of this Agreement, this hearing requirement is not complied with by a particular District Panel(s) for three (3) consecutive Accounting Periods, the parties will meet to jointly select a sufficient number of ad- ditional arbitrators for that panel(s) to ensure compliance with this hearing requirement. Such meetings and addition of arbitrators will continue, as jointly agreed to by the parties, until the panel(s) is in compliance with the hearing requirement.
   3. If either party concludes that the issues involved are of such complexity or significance as to warrant reference to the District Regular Contract/Discipline Arbitration Panel(s), that party shall notify the other party of such reference at least twenty-four (24) hours prior to the scheduled time for the expedited arbitration.
   4. The hearing shall be conducted in accordance with the following:
   1. the hearing shall be informal;
   2. no briefs shall be filed or transcripts made;
   3. there shall be no formal rules of evidence;
   4. the hearing shall normally be completed within one day;
   5. if the arbitrator or the parties mutually conclude at the hearing that the issues involved are of such complexity or significance as to warrant reference to the District Regular Contract/Discipline Arbitration Panel, the case shall be referred to that panel. If the arbitrator, or the parties mutually, refer the case to Regular Arbitration, the parties shall share the costs of the arbitrator for that expedited arbitration date; and
   6. the arbitrator may issue a bench decision at the hearing but in any event shall render a decision within forty-eight (48) hours after conclusion of the hearing. Such decision shall be based on the record before the arbitrator and may include a brief written explanation of the basis for such conclusion. These decisions will not be cited as a precedent. The arbitrator's decision shall be final and binding. An arbitrator who issues a bench decision shall furnish a written copy of the award to the parties within forty-eight (48) hours of the close of the hearing.
   5. No decision by a member of the District Expedited Panel in such a case shall be regarded as a precedent or be cited in any future proceeding, but otherwise will be a final and binding decision.
   6. The District Expedited Arbitration Panel shall be developed by the National parties, on a geographic area basis, with the aid of the American Arbitration Association and the Federal Mediation and Conciliation Service. [See Memo, page 191]
   National Level Arbitration
   1. Only cases involving interpretive issues under this Agreement or supplements thereto of general application will be arbitrated at the National level.
   2. A docket of cases appealed to arbitration at the National level shall be maintained for the Union. The arbitrators on the National Panel shall be scheduled to hear cases on a ro- tating system basis, unless otherwise agreed by the parties. Cases on the docket will be scheduled for arbitration in the order in which appealed, unless the Union and Employer otherwise agree, and with the exception of priority scheduling hereinafter defined. The parties agree that in each calendar year the Employer may, at its option, elect priority scheduling to the top of the arbitration docket, of up to two cases from the list of disputes it previously initiated pursuant to Article 15.3D, and the Union may, at its option, elect priority scheduling to the top of the arbitration docket, of up to two cases from all cases other than those initiated by the Employer pursuant to Article 15.3D.

   Section 15.5 Administration

   The parties recognize their continuing joint responsibility for efficient functioning of the grievance procedure and effective use of arbitration. The Employer will furnish to the Union a copy of a quarterly report containing the following information covering operation of the arbitration procedure at the National level, and for each District docket separately:

   1. number of cases appealed to arbitration;
   2. number of cases scheduled for hearing;
   3. number of cases heard;
   4. number of scheduled hearing dates, if any, which were not used;
   5. the total number of cases pending but not scheduled at the end of the quarter.

   (The preceding Article, Article 15, shall apply to Mail Handler Assistant employees.)

   Article 16 Discipline Procedure

   Section 16.1 Statement of Principle

   In the administration of this Article, a basic principle shall be that discipline should be corrective in nature, rather than punitive. No employee may be disciplined or discharged except for just cause such as, but not limited to, insubordination, pilferage, intoxication (drugs or alcohol), incompetence, failure to perform work as requested, violation of the terms of this Agreement, or failure to observe safety rules and regulations. Any such discipline or discharge shall be subject to the grievance-arbitration procedure provided for in this Agreement, which could result in reinstatement and restitution, including back pay.

   Section 16.2 Discussions

   For minor offenses by an employee, management has a responsibility to discuss such matters with the employee. Discussions of this type shall be held in private between the employee and the supervisor. Such discussions are not considered discipline and are not grievable. Following such discussions, there is no prohibition against the supervisor and/or the employee making a personal notation of the date and subject matter for their own personal record(s). However, no notation or other information pertaining to such discussion shall be included in the employee's personnel folder. While such discussions may not be cited as an element of a prior adverse record in any subsequent disciplinary action against an employee, they may be, where relevant and timely, relied upon to establish that employees have been made aware of their obligations and responsibilities.

   Section 16.3 Letter of Warning

   A letter of warning is a disciplinary notice in writing, identified as an official disciplinary letter of warning, which shall include an explanation of a deficiency or misconduct to be corrected. [See Memo, page 192]

   Section 16.4 Suspensions of Less Than 14 Days

   In the case of discipline involving suspensions of less than fourteen (14) days, the employee against whom disciplinary action is sought to be initiated shall be served with a written notice of the charges against the employee and shall be further informed that he/she will be suspended, but that such suspension shall be served while on duty with no loss of pay (no-time- off suspension). No-time-off suspensions shall be considered to be of the same degree of seriousness, and will satisfy the same step in the pattern of progressive discipline as the time-off suspension being replaced. As such, no-time-off suspensions are equivalent to the previously issued time-off suspensions as an element of past discipline.

   Section 16.5 Suspensions of 14 or More Days or Discharge

   In the case of discipline involving suspensions of fourteen (14) days, the employee against whom disciplinary action is sought to be initiated shall be served with a written notice of the charges against the employee and shall be further informed that he/she will be suspended after fourteen (14) calendar days during which fourteen (14) day period the employee shall remain on the job or on the clock (in pay status) at the option of the Employer. However, if the Union or the employee initiates a timely grievance prior to the effective date of the action and if the grievance is timely appealed to Step 2, the effective date of the suspension will be delayed until disposition of the grievance, either by settlement or an arbitrator’s final and binding decision. In the case of suspensions of more than fourteen (14) days, or discharge, any employee shall, unless otherwise provided herein, be entitled to an advance written notice of the charges against him/her and shall remain either on the job or on the clock at the option of the Employer for a period of thirty (30) days. Thereafter, the employee shall remain on the rolls (non-pay status) until disposition of the case has been had either by settlement with the Union or through exhaustion of the grievance arbitration procedure.

   A preference eligible who chooses to appeal a suspension of more than four- teen (14) days or his discharge to the Merit Systems Protection Board (MSPB) rather than through the grievance arbitration procedure shall remain on the rolls (non-pay status) until disposition of the case has been had either by settlement or through exhaustion of his MSPB appeal. When there is reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed, the Employer is not required to give the employee the full thirty (30) days' advance written notice in a dis- charge action, but shall give such lesser number of days advance written notice as under the circumstances is reasonable and can be justified. The employee is immediately removed from a pay status at the end of the notice period.

   Section 16.6 Indefinite Suspension Crime Situation

   1. The Employer may indefinitely suspend an employee in those cases where the Employer has reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed. In such cases, the Employer is not required to give the employee the full thirty (30) days advance notice of in- definite suspension, but shall give such lesser number of days of advance written notice as under the circumstances is reasonable and can be justified. The employee is immediately removed from a pay status at the end of the notice period.
   2. The just cause of an indefinite suspension is grievable. The arbitrator shall have the authority to reinstate and make the employee whole for the entire period of the indefinite suspension.
   3. If after further investigation or after resolution of the criminal charges against the employee, the Employer determines to return the employee to a pay status, the employee shall be entitled to back pay for the period that the indefinite suspension exceeded seventy (70) days, if the employee was otherwise available for duty, and without prejudice to any grievance filed under 6B above.
   4. The Employer may take action to discharge an employee during the period of an indefinite suspension whether or not the criminal charges have been resolved, and whether or not such charges have been resolved in favor of the employee. Such action must be for just cause, and is subject to the requirements of Section 16.5 of this Article.

   Section 16.7 Emergency Procedure

   An employee may be immediately placed on an off duty status (without pay) by the Employer, but remain on the rolls where the allegation involves intoxication (use of drugs or alcohol), pilferage, or failure to observe safety rules and regulations, or in cases where retaining the employee on duty may result in damage to U.S. Postal Service property, loss of mail or funds, or where the employee may be injurious to self or others. The employee shall remain on the rolls (non pay status) until disposition of the case has been had. If it is proposed to suspend such an employee for more than thirty (30) days or discharge the employee, the emergency action taken under this Section may be made the subject of a separate grievance. An employee placed in an off-duty status under this Section may utilize his or her accrued annual leave during this period.

   Section 16.8 Review of Discipline

   1. In no case may a supervisor impose suspension or discharge upon an employee unless the proposed disciplinary action by the supervisor has first been reviewed and concurred in, in a signed and dated writing, by the installation head or designee.
   2. In associate post offices of twenty (20) or less employees, or where there is no higher level supervisor than the supervisor who proposes to initiate suspension or discharge, the proposed disciplinary action shall first be reviewed and concurred in, in a signed and dated writing, by a higher authority outside such installation or post office before any proposed disciplinary action is taken.

   Section 16.9 Veterans' Preference

   1. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' Preference Act; however, if the employee appeals under the Veterans' Preference Act, the employee will be deemed to have waived further access to the grievance arbitration procedure beyond Step 3 under any of the following circumstances:
   1. If an MSPB settlement agreement is reached.
   2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
   3. If the MSPB issues a decision on the merits of the appeal.
   2. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.

   Section 16.10 Employee Discipline Records

   The records of a disciplinary action against an employee shall not be considered in any subsequent disciplinary action if there has been no disciplinary action initiated against the employee for a period of two years. Upon the employee's written request, a disciplinary notice or decision letter will be removed from the employee's official personnel folder after two years if there has been no disciplinary action initiated against the employee in that two year period.

   (The preceding Article, Article 16, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees.)

   [See Memos, pages 193-195]

   Article 17 Representation

   Section 17.1 Stewards

   Stewards may be designated for the purpose of investigating, presenting and adjusting grievances.

   Section 17.2 Appointment of Stewards

   1. The Union will certify to the Employer in writing a steward or stewards and alternates in accordance with the following general guidelines. Where more than one steward is appointed, one shall be designated chief steward. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one steward may be certified to represent employees in a particular work location(s). The number of stewards shall be in accordance with the formula as hereinafter set forth: Employees in the bargaining unit per tour or station
      

      At each installation, the Union may certify one representative employed at that installation to represent employees in all work locations and on all tours in complaints involving issues of general application in that installation. Such complaints involve tour- wide and/or installation-wide issues, including, but not limited to, local policy issues and Acts of God. The activities of such Union representative shall be in lieu of a steward designated under the formula above and shall be in accordance with Section 17.3. Payment, when applicable, shall be in accordance with Section 17.4.

   2. At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a steward to investigate, present and adjust a specific grievance or to investigate a specific problem to determine whether to file a grievance. The activities of such Union representative shall be in lieu of a steward designated under the formula in Section 2A and shall be in accordance with Section 17.3. Payment, when applicable, shall be in accordance with Section 17.4.
   3. To provide steward service to a number of small installations where a steward is not provided by the above formula, the Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a steward.
   4. At the option of the Union, representatives not on the Employer's payroll shall be entitled to perform the functions of a steward or chief steward, provided such representatives are certified in writing to the Employer at the District level, with a courtesy copy to the Area, and providing such representatives act in lieu of stewards designated under the provisions of 2A or 2B above.

   Section 17.3 Rights of Stewards

   1. When it is necessary for a steward to leave his/her work area to investigate and adjust grievances or to investigate a specific problem to determine whether to file a grievance, the steward shall request permission from the immediate supervisor and such request shall not be unreasonably denied. In the event the duties require the steward leave the work area and enter another area within the installation or post office, the steward must also receive permission from the supervisor from the other area he/she wishes to enter and such request shall not be unreasonably denied.
   2. The steward, chief steward or other Union representative properly certified in accordance with Section 17.2 above may request and shall obtain access through the appropriate supervisor to review the documents, files and other records necessary for processing a grievance or determining if a grievance exists and shall have the right to interview the aggrieved employee(s), supervisors and witnesses during working hours. Such requests shall not be unreasonably denied.
   3. While serving as a steward or chief steward, an employee may not be involuntarily transferred to another tour, to another station or branch of the particular post office or to another independent post office or installation unless there is no job for which the employee is qualified on such tour, or in such station or branch, or post office. If an employee requests a steward or Union representative to be present during the course of an interrogation by the Inspection Service, such request will be granted. All polygraph tests will continue to be on a voluntary basis.

   Section 17.4 Payment of Stewards

   1. The Employer will authorize payment only under the following conditions: Grievances: Steps 1 and 2 The aggrieved and one Union steward (only as permitted under the formula in Section .2A) for time actually spent in grievance handling, including investigation and meetings with the Employer. The Employer will also compensate a steward for the time reasonably necessary to write a grievance. In addition, the Employer will compensate any witnesses for the time required to attend a Step 2 meeting. Meetings called by the Employer for information exchange and other conditions designated by the Employer concerning contract application.
   2. Employer authorized payment as outlined above will be granted at the applicable straight time rate, providing the time spent is a part of the employee's or steward's (only as provided for under the formula in Section 2A) regular work day.

   Section 17.5 Union Participation in New Employee Orientation

   During the course of any employment orientation program for new career or non-career employees covered by this Agreement, or in the event a current postal employee is reassigned or transfers to the mail handler craft, a representative of the Union representing the craft to which the new or cur- rent employees are assigned shall be provided ample opportunity to address such new employees, provided that this provision does not preclude the Employer from addressing employees concerning the same subject. In addition, at the time any non-career employees covered by this Agreement become eligible for health insurance, the Union will be provided ample opportunity to address such employees on this subject.

   Health benefit enrollment information and forms will not be provided during orientation until such time as a representative of the Union has had an opportunity to address such new employees.

   Section 17.6 Checkoff

   1. In conformity with Section 2 of the Act, 39 U.S.C. 1205, without cost to the Union, the Employer shall deduct and remit to the Union the regular and periodic Union dues from the pay of employees who are members of such Union, provided that the Employer has received a written assignment which shall be irrevocable for a period of not more than one year, from each employee on whose account such deductions are to be made. The Employer agrees to remit to the Union all deductions to which it is entitled within fourteen (14) days after the end of the pay period for which such deductions are made. Deductions shall be in such amounts as are designated to the Employer in writing by the Union.
   2. The authorization of such deductions shall be in the following form:

   Union Dues Authorization Form

   

   Local Dues Form

   

   3. Notwithstanding the foregoing, employees' dues deduction authorizations (Standard Form 1187) which are presently on file with the Employer on behalf of the Union, shall continue to be honored and given full force and effect by the Employer unless and until revoked in accordance with their terms.
   4. The Employer agrees that it will continue in effect, but without cost to employees, its existing program of payroll deductions at the request and on behalf of employees for remittance to financial institutions including credit unions. In addition, the Employer agrees without cost to the employee to make payroll deductions on behalf of such organization or organizations as the Union shall designate to receive funds to provide group automobile insurance for employees and/or homeowners/tenant liability insurance for employees, provided only one insurance carrier is selected to provide such coverage.

   (The preceding Sections, Articles 17.2, 17.3, 17.4, 17.5 and 17.6, shall apply to Mail Handler Assistant employees.)

   [See Memo, page 195]

   Article 18 No Strike

   Section 18.1

   The Union in behalf of its members agrees that it will not call or sanction a strike or slowdown.

   Section 18.2

   The Union or its local Unions (whether called Area Locals or by other names) will take reasonable action to avoid such activity and where such activity occurs, immediately inform striking employees they are in violation of this Agreement and order said employees back to work.

   Section 18.3

   It is agreed that the Union or its local Unions (whether called Area Locals or by other names) which comply with the requirements of this Article shall not be liable for the unauthorized action of their members or other postal employees.

   Section 18.4

   The parties agree that the provisions of this Article shall not be used in any way to defeat any current or future legal action involving the constitutionality of existing or future legislation prohibiting Federal employees from engaging in strike actions. The parties further agree that the obligations undertaken in this Article are in no way contingent upon the final determination of such constitutional issues.

   (The preceding Article, Article 18, shall apply to Mail Handler Assistant employees.)

   Article 19 Handbook and Manuals

   Section 19.1

   Those parts of all handbooks, manuals and published regulations of the Postal Service, that directly relate to wages, hours or working conditions, as they apply to employees covered by this Agreement, shall contain nothing that conflicts with this Agreement, and shall be continued in effect except that the Employer shall have the right to make changes that are not inconsistent with this Agreement and that are fair, reasonable, and equitable. This includes, but is not limited to, the Postal Service Manual and the F-21 Time- keeper's Instructions.

   Section 19.2

   Notice of such proposed changes that directly relate to wages, hours, or working conditions will be furnished to the Union at the national level at least sixty (60) days prior to issuance. The Employer shall provide the Union with the following information about the proposed changes: a narrative explanation of the purpose and impact on employees and any documentation concerning the proposed changes from the manager(s) requesting the changes. Proposed changes will be furnished to the Union by hard copy and, if available, by electronic file. At the request of the Union, the parties shall meet concerning such changes. If the Union requests a meeting concerning the proposed changes, those present at the meeting will include representatives of USPS Labor Relations and manager(s) who are knowledgeable about the purpose of the proposed changes and the impact of such proposed changes on employees. If the Union, after the meeting, believes the proposed changes violate this Agreement (including this Article), it may then submit the issue to arbitration in accordance with the arbitration procedure within ninety (90) days after receipt of the notice of proposed change. Within fifteen (15) days after the issue has been submitted to arbitration, each party shall provide the other with a statement in writing of its understanding of the precise issues involved, and the facts giving rise to such issues. Copies of those parts of all new handbooks, manuals and regulations that directly relate to wages, hours or working conditions, as they apply to employees covered by this Agreement, shall be furnished the Union upon issuance.

   (The preceding Article, Article 19, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees.)

   Article 20 Parking

   Section 20.1 Parking Program

   The existing parking program will remain in effect.

   Section 20.2 Security

   Recognizing the need for adequate security for employees in parking areas, and while en route to and from parking areas, the Employer will take reasonable steps, based on the specific needs of the individual location, to safeguard employee security, including, but not limited to, establishing liaison with local police authorities, requesting the assignment of additional uniformed police in the area, improving lighting and fencing, and, where available, utilizing mobile security force patrols.

   Section 20.3 Energy Usage

   In order to reduce energy usage the Employer and the Union will promote the use of carpooling and public transportation, where available.

   Section 20.4 Parking

   1. In postal facilities where parking is on a first-come/first-served basis, there will not be a parking space assigned to the designated agent of the Mail Handlers Union, except where such space has been previously negotiated.
   2. In postal facilities where at least one space has been assigned to a postal employee (either bargaining or nonbargaining), a parking space shall be assigned to the designated agent of the Mail Handlers Union.
   3. The provisions of B above will not apply to parking spaces assigned for the handicapped, nonpostal people (i.e., tenants), customers, postal vehicles, personal vehicles normally utilized in official postal duties or if a parking space is assigned adjunct to a security post. The above provisions are not intended to eliminate any parking space previously acquired by the designated agent of the Mail Handler Union through local negotiations.

   Section 20.5 Committee

   The parking program is a proper subject for discussion at Labor-Management Committee meetings at the national level provided in Article 38.

   (The preceding Article, Article 20, shall apply to Mail Handler Assistant employees.)

   Article 21 Benefit Plans

   Section 21.1 Health Benefits

   The method for determining the Employer bi-weekly contributions to the cost of employee health insurance programs under the Federal Employees Health Benefits Program (FEHBP) will be as follows:

   1. The Office of Personnel Management shall calculate the subscription charges under the FEHBP that will be in effect the following January with respect to self only, self plus one, and self and family enrollments.
   2. The bi-weekly Employer contribution for self only, self plus one, and self and family plans is adjusted to an amount equal to 73.0% in 2020, and 72.0% in 2021 and 2022 of the weighted average bi-weekly premiums under the FEHBP as determined by the Office of Personnel Management. The adjustment begins on the effective date determined by the Office of Personnel Management in January 2020, January 2021, and January 2022.
   3. The weight to be given to a particular subscription charge for each FEHB plan and option will be based on the number of enrollees in each such plan and option for whom contributions have been received from employers covered by the FEHBP as determined by the Office of Personnel Management.
   4. The amount necessary to pay the total charge for enrollment after the Employer's contribution is deducted shall be withheld from the pay of each enrolled employee. To the extent permitted by law, the Employer shall permit employees covered by this Agreement to make their premium contributions to the cost of each plan on a pre-tax basis, and shall extend eligibility to such employees for the U.S. Postal Service's flexible spending account plans for unreimbursed health care expenses and work-related child care and elder care expenses as authorized under Section 125 of the Internal Revenue Code.
   5. The limitation upon the Employer's contribution towards any individual employee shall be 76.0% in 2020 and 75% in 2021 and 2022 of the subscription charge under the FEHBP in 2020, 2021, and 2022.

   Section 21.2 Life Insurance

   The Employer shall maintain the current life insurance program in effect during the term of this Agreement.

   Section 21.3 Retirement

   The provisions of Chapters 83 and 84 of Title 5 U.S. Code, and any amendments thereto, shall continue to apply to employees covered by this Agreement.

   Section 21.4 Injury Compensation

   Employees covered by this Agreement shall be covered by subchapter I of Chapter 81 of Title 5, and any amendments thereto, relating to compensation for work injuries. The Employer will promulgate appropriate regulations which comply with applicable regulations of the Office of Workers' Compensation Programs and any amendments thereto.

   Section 21.5 Health Benefit Brochures

   When a new employee who is eligible for enrollment in the Federal Employee's Health Benefit Program enters the Postal Service, the employee shall be furnished a copy of the Health Benefit Plan brochure of the Union.

   [See Memo, page 196]

   Article 22 Bulletin Boards

   The Employer shall furnish a bulletin board for the exclusive use of the Union, subject to the conditions stated herein, if space is available. The Union may place a literature rack in swing rooms, if space is available. Only suitable notices and literature may be posted or placed in literature racks. There shall be no posting or placement of notices or literature in literature racks except upon the authority of the officially designated Union representative.

   (The preceding Article, Article 22, shall apply to Mail Handler Assistant employees.)

   Article 23 Rights of Union Officials to Enter Postal Installations

   Upon reasonable notice to the Employer, duly authorized representatives of the Union shall be permitted to enter postal installations for the purpose of performing and engaging in official union duties and business related to this Agreement. There shall be no interruption of the work of employees due to such visits and representatives shall adhere to the established security regulations.

   (The preceding Article, Article 23, shall apply to Mail Handler Assistant employees.)

   Article 24 Employees on Leave with Regard to Union Business

   Section 24.1 Continuation of Benefits

   Any employee on leave without pay to devote full or part-time service to the Union shall be credited with step increases as if in a pay status. Retirement benefits will accrue on the basis of the employee's step so attained, provided the employee makes contributions to the retirement fund in accordance with current procedure. Annual and sick leave will be earned in accordance with existing procedures based on hours worked.

   Section 24.2 Leave for Union Conventions

   1. Full or part-time employees will be granted annual leave or leave without pay at the election of the employee to attend National, State and Regional Union Conventions (Assemblies) provided that a request for leave has been submitted by the employee to the installation head as soon as practicable and provided that approval of such leave does not seriously adversely affect the service needs of the installation. Such requests will not be unreasonably denied.
   2. If the requested leave falls within the choice vacation period and if the request is submitted prior to the determination of the choice vacation period schedule, it will be granted prior to making commitments for vacations during the choice period, and will be considered part of the total choice vacation plan for the installation, unless agreed to the contrary at the local level. Where the specific delegates to the Convention (Assembly) have not yet been deter- mined, upon the request of the Union, the Employer will make provision for leave for these delegates prior to making commitments for vacations.
   3. If the requested leave falls within the choice vacation period and the request is submitted after the determination of the choice vacation period schedule, the Employer will make every reasonable effort to grant such request, consistent with service needs. Such requests will not be unreasonably denied.

   (The preceding Article, Article 24, shall apply to Mail Handler Assistant employees.)

   Article 25 Higher Level Assignments

   Section 25.1 Definitions

   Higher level work is defined as an assignment to a ranked higher level position, whether or not such position has been authorized at the installation.

   Section 25.2 Higher Level Pay

   An employee who is detailed to higher level work shall be paid at the higher level for time actually spent on such job. An employee's higher level rate shall be determined as if promoted to the position. An employee temporarily assigned or detailed to a lower level position shall be paid at the employee's own rate.

   [See Memo, page 197]

   Section 25.3 Written Orders

   Any employee detailed to higher level work shall be given a written management order, stating beginning and approximate termination, and directing the employee to perform the duties of the higher level position. Such written order shall be accepted as authorization for the higher level pay. The failure of management to give a written order is not grounds for denial of higher level pay if the employee was otherwise directed to perform the duties.

   Section 25.4 Higher Level Details

   Detailing of employees to higher level bargaining unit work in each craft shall be from those eligible, qualified and available employees in each craft in the immediate work area in which the temporarily vacant higher level position exists. However, for details of an anticipated duration of one week (five working days within seven calendar days) or longer to those higher level craft positions enumerated in this Agreement as being permanently filled on the basis of promotion of the senior qualified employee, the senior, qualified, eligible, available employee in the immediate work area in which the temporarily vacant higher level position exists shall be selected.

   Section 25.5 Leave Pay

   1. Leave pay for employees detailed to a higher level position will be administered in accordance with the following:
   1. Employees working short-term on a higher level assignment or detail will be entitled to approved sick and annual paid leave at the higher level rate for a period not to exceed three days.
   2. Short-term shall mean an employee has been on an assignment or detail to a higher level for a period of 29 consecutive workdays or less at the time leave is taken and such assignment or detail to the higher level position is resumed upon return to work. All short-term assignments or details will be automatically canceled if replacements are required for absent detailed employees.
   3. Long-term shall mean an employee has been on an assignment or detail to the higher level position for a period of 30 consecutive workdays or longer at the time leave is taken and such assignment or detail to the higher level position is resumed upon return to work.
   2. Terminal leave payments resulting from death will be paid at the higher level for all employees who are assigned or detailed to higher level assignments on their last workday.

   Article 26 Uniform and Work Clothes

   Section 26.1 Uniform and Work Clothes Administration

   All employees who are required to wear uniforms or work clothes shall be furnished uniforms or work clothes or shall be reimbursed for purchases of authorized items from duly licensed vendors. The current administration of the Uniform and Work Clothes Program shall be continued unless otherwise changed by this Agreement or the Employer.

   Section 26.2 Contract Program Administration

   Employees who are currently furnished uniforms pursuant to the contract program shall continue to be so entitled. Such uniforms shall be issued in a timely manner. The allowance to Mail Handlers under this program shall be as follows:

   $ 188 effective May 21, 2020

   $ 192 effective May 21, 2021

   $ 197 effective May 21, 2022

   Each increase shall become effective on the employee's anniversary date following the effective date of change.

   Section 26.3 Annual Allowance

   The current Work Clothes Program will be continued for those full-time employees who have been determined to be eligible for such clothing based on the nature of work performed on a full-time basis in pouching and dispatching units, parcel post sorting units, platform (dock) operations, bulk mail sacking operations, and ordinary paper sacking units. The Employer will provide eligible employees with an annual allowance to obtain authorized work clothes on a reimbursable basis from licensed vendors as follows:

   $ 95 effective May 21, 2020

   $ 98 effective May 21, 2021

   $ 100 effective May 21, 2022

   Each increase shall become effective on the employee's anniversary date following the effective date of change.

   Article 27 Employee Claims

   Section 27.1 Claim Filing

   Subject to a $10 minimum, an employee may file a claim within fourteen (14) days of the date of loss or damage and be reimbursed for loss or damage to his/her personal property except for motor vehicles and the contents thereof taking into consideration depreciation where the loss or damage was suffered in connection with or incident to the employee's employment while on duty or while on postal premises. The possession of the property must have been reasonable, or proper under the circumstances and the damage or loss must not have been caused in whole or in part by the negligent or wrongful act of the employee. Loss or damage will not be compensated when it resulted from normal wear and tear associated with day-to-day living and working conditions.

   Section 27.2 Claim Adjudication

   Claims should be documented, if possible, and submitted with recommendations by the Union steward to the Employer at the local level. The Employer will submit the claim, with the Employer's and the steward's recommendation within 15 days, to the District office for determination. The claim will be adjudicated within thirty (30) days after receipt at the District office. An adverse determination on the claim may be appealed pursuant to the procedures for appealing an adverse decision in Step 3 of the grievance- arbitration procedure. A decision letter denying a claim in whole or in part will include notification of the Union's right to appeal the decision to arbitration. The District office will provide to the Union's Regional Representative a copy of the denial letter, the claim form, and all documentation submitted in connection with the claim. The installation head or designee will provide a copy of the denial letter to the steward whose recommendation is part of the claim form.

   (The preceding Article, Article 27, shall apply to Mail Handler Assistant employees.)

   Article 28 Employer Claims

   Section 28.1 Statement of Principle

   The parties agree that continued public confidence in the Postal Service requires the proper care and handling of the U.S.P.S. property, postal funds, and the mails. In advance of any money demand upon an employee for any reason, the employee must be informed in writing and the demand must include the reasons therefor.

   Section 28.2 Loss or Damage of the Mails

   An employee is responsible for the protection of the mails entrusted to the employee. Such employee shall not be financially liable for any loss, rifling, damage, wrong delivery of or depredation on, the mails or failure to collect or remit C.O.D. funds unless the employee failed to exercise reasonable care.

   Section 28.3 Damage to U.S.P.S. Property and Vehicles

   An employee shall be financially liable for any loss or damage to property of the Employer including leased property and vehicles only when the loss or damage was the result of the willful or deliberate misconduct of such employee.

   Section 28.4 Collection Procedures

   1. If a grievance is initiated and advanced through the grievance- arbitration procedure or a petition has been filed pursuant to the Debt Collection Act, regardless of the amount and type of debt, collection of the debt will be delayed until disposition of the grievance and/or petition has (have) been had, either through settlement or exhaustion of contractual and/or administrative procedures.
   2. No more than 15 percent of an employee's disposable pay or 20 percent of the employee's biweekly gross pay, whichever is lower, may be deducted each pay period to satisfy a postal debt, unless the parties agree, in writing, to a different amount.

   (The preceding Article, Article 28, shall apply to Mail Handler Assistant employees.)

   [See Memo, page 191]

   Article 29 Limitation On Revocation of OF-346

   Section 29.1 Revocation or Suspension of OF-346

   1. An employee's OF-346, Operator's Identification Card, may be revoked or suspended when the on-duty record shows that the employee is an unsafe driver.
   2. Elements of an employee's on-duty record which may be used to determine whether the employee is an unsafe driver include, but are not limited to, traffic law violations, accidents or failure to meet required physical or operations standards.
   3. The report of the Safe Driver Award Committee cannot be used as a basis for revoking or suspending an OF-346.
   4. When a revocation, suspension, or reissuance of an employee's OF-346 is under consideration, only the on-duty record will be considered in making a final determination. An employee's OF-346 will be automatically revoked or suspended concurrently with any revocation or suspension of State driver's license and restored upon reinstatement. Such revocation or suspension of the State driver's license shall not prevent the employee from operating in- house power equipment, if the employee is otherwise qualified to do so. Every reasonable effort will be made to reassign such employee to non-driving duties. In the event such revocation or suspension of the State driver's license is with the condition that the employee may operate a vehicle for employment purposes, the OF-346 will not be automatically revoked. When revocation, suspension, or reissuance of an employee's OF-346 is under consideration based on the on-duty record, such conditional revocation or suspension of the State driver's license may be considered in making a final determination.

   Section 29.2 Issuance

   1. An employee shall be issued an OF-346 when such employee has a valid State driver's license, passes the driving test of the U.S. Postal Service, and has a satisfactory driving history.
   2. An employee who has been issued an OF-346 for the operation of a motor vehicle must inform the supervisor immediately of the revocation or suspension of such employee's State driver's license.

   Article 30 Local Implementation

   Section 30.1 Current Memoranda of Understanding

   Presently effective local memoranda of understanding not inconsistent or in conflict with this Agreement shall remain in effect during the term of this Agreement unless changed by mutual agreement pursuant to the local implementation procedure set forth below or, as a result of an arbitration award or settlement arising from either party's impasse of an item from the presently effective local memorandum of understanding.

   Section 30.2 Items for Local Negotiations

   There shall be a 30 consecutive day period of local implementation which shall occur within a period of 60 days commencing May 2, 2020 on the 20 specific items enumerated below, provided that no local memorandum of understanding may be inconsistent with or vary the terms of this Agreement:

   1. Additional or longer wash-up periods.
   2. Guidelines for the curtailment or termination of postal operations to conform to orders of local authorities or as local conditions warrant because of emergency conditions.
   3. Formulation of local leave program.
   4. The duration of the choice vacation period.
   5. The determination of the beginning day of an employee's vacation period.
   6. Whether employees at their option may request two selections during the choice vacation period, in units of either 5 or 10 days.
   7. Whether jury duty and attendance at National or State Conventions shall be charged to the choice vacation period.
   8. Determination of the maximum percentage of employees who shall receive leave each week during the choice vacation period.
   9. The issuance of official notices to each employee of the vacation schedule approved for such employee.
   10. Determination of the date and means of notifying employees of the beginning of the new leave year.
   11. The procedures for submission of applications for annual leave during other than the choice vacation period.
   12. Whether "Overtime Desired" lists in Article 8 shall be by section and/or tour.
   13. The number of light duty assignments to be reserved for temporary or permanent light duty assignment.
   14. The method to be used in reserving light duty assignments so that no regularly assigned member of the regular work force will be adversely affected.
   15. The identification of assignments that are to be considered light duty.
   16. The identification of assignments comprising a section, when it is proposed to reassign within an installation, employees excess to the needs of a section.
   17. The assignment of employee parking spaces.
   18. The determination as to whether annual leave to attend Union activities requested prior to determination of the choice vacation schedule is to be part of the total choice vacation plan.
   19. Those other items which are subject to local negotiations as provided in the following Articles: Article 12, Section .3B5 Article 12, Section .3C Article 12, Section .3E3e Article 12, Section .4 Article 12, Section .6C4a Article 13, Section .3
   20. Local implementation of this Agreement relating to seniority, reassignments and posting.

   Section 30.3 Grievance-Arbitration Procedure

   1. All proposals remaining in dispute may be submitted to final and binding arbitration, with the written authorization of the Union or the Vice President, Labor Relations. The request for arbitration must be submitted within 10 days of the end of the local implementation period. However, where there is no agreement and the matter is not referred to arbitration, the provisions of the former local memorandum of understanding shall apply, unless inconsistent with or in conflict with this Agreement. The Employer may challenge a provision(s) of a local memorandum of understanding on "inconsistent or in conflict" grounds only by making a reasonable claim during the local implementation process that a provision(s) of the local memorandum of understanding is inconsistent or in conflict with new or amended provisions of the current National Agreement that did not exist in the previous National Agreement, or with provisions that have been amended subsequent to the effective date of the previous National Agreement. If local management refuses to abide by a local memorandum of understanding on "inconsistent or in conflict" grounds and an arbitrator subsequently finds that local management had no reasonable basis for its claim, the arbitrator is empowered to issue an appropriate remedy. In the event of a mid-term change or addition in the National Agreement, local management may challenge a provision(s) of a local memorandum of understanding subsequent to the local implementation period, but only by making a reasonable claim that a provision(s) of a local memorandum of understanding is inconsistent or in conflict with the changed provision(s) of the National Agreement. The challenged provision(s) declared to be inconsistent or in conflict with the National Agreement shall remain in effect for 120 days from the date on which the Union is notified in writing of management's challenge or the date of an arbitrator's award dealing with management's challenge, whichever is sooner.

      [See Memo, page 198]

      ---

      MEMORANDUM OF UNDERSTANDING

      - ARTICLE 30 - LOCAL IMPLEMENTATION PROCEDURES

      MEMORANDUM OF UNDERSTANDING

      - ARTICLE 30 - LOCAL IMPLEMENTATION PROCEDURES

      It is hereby agreed by the United States Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, that the following procedures will apply to the implementation of Article 30 during the 2019 local implementation period.

      1. The thirty (30) consecutive day period for 2019 local implementation will commence, pursuant to agreement by the local parties, on or after May 2, 2020 and terminate on or before June 30, 2020. If the local parties do not reach agreement on the dates for local implementation, the local implementation period shall be from June 1, 2020 to June 30, 2020. Initial proposals must be exchanged within the first twenty one (21) days of the thirty (30) consecutive day local implementation period.

         If neither party provides written notification of its intent to invoke the local implementation process on or before May 15, 2020, presently effective Memoranda of Understanding not inconsistent or in conflict with the 2019 National Agreement shall remain in effect during the term of this Agreement.

      2. In the event that any issue(s) remain in dispute at the end of the thirty (30) consecutive day local implementation period, each party shall identify such issue(s) in writing. Initialed copies of this written statement and copies of all proposals and counterproposals pertinent to the issue(s) in dispute will be furnished by the appropriate local party to the appropriate management official at the LR Service Center of the Employer with copies to the Installation Head, local Union President and the Union's Regional Representative within fifteen (15) days after June 30, 2020. Inclusion of any matter in the written statement does not necessarily reflect the agreement of either of the parties that such matter is properly subject to local implementation.
      3. The appropriate management official at the Area office and the Regional Union representative shall attempt to resolve the matters in dispute within seventy-five (75) days after June 30, 2020. The appropriate management official at the Area office and the Regional Union representative will have full authority to resolve all issues still in dispute.
      4. If the parties identified in paragraph 3 above are unable to reach agreement at the Regional level by the end of the seventy-five (75) day period provided for above, the issue(s) may be appealed to final and binding arbitration by the Union or the Vice President, Labor Relations, within twenty-one (21) days of the end of the seventy-five (75) day period. Any such appeal shall be given priority scheduling on the District Regular Contract Docket.
      5. Where there is no agreement and the matter is not referred to the appropriate management official at the LR Service Center or to arbitration, the provision(s), if any, of the former Local Memorandum of Understanding shall apply unless inconsistent with or in conflict with new or amended provisions of the 2019 National Agreement.
      6. Where a dispute exists as to whether an item in the former Local Memorandum of Understanding is inconsistent or in conflict with the 2019 Mail Handlers National Agreement, such dispute will be processed in accordance with the procedures outlined in 2 through 4 above. Items declared to be inconsistent or in conflict shall remain in effect until four (4) months have elapsed from the conclusion of the local implementation period under the 2019 National Agreement.

      This Memorandum of Understanding expires at 12 midnight on September 20, 2022.

   2. An alleged violation of the terms of a memorandum of understanding shall be subject to the grievance-arbitration procedure.
   3. When installations are consolidated or when a new installation is established, the parties shall conduct a thirty (30) day period of local implementation, pursuant to Section 2. All proposals remaining in dispute may be submitted to final and binding arbitration, with the written authorization of the Union or the Vice Pres- ident, Labor Relations. The request for arbitration must be submitted in accordance with the Memorandum of Understanding Re: Local Implementation.
   4. Where the Postal Service, pursuant to Section 3A, submits a proposal remaining in dispute to arbitration, which proposal seeks to change a presently-effective Local Memorandum of Understanding, the Postal Service shall have the burden of establishing that continuation of the existing provision would represent an unreasonable burden to the Postal Service.

   Section 30.4 Local Memorandum of Understanding

   Subject to the local implementation provisions of this Article, at the conclusion of the local negotiation period, the management representative and the Union representative will sign a local memorandum of understanding for those items on which agreement has been reached. Any items which remain in dispute and which are subsequently resolved in accordance with the local implementation provisions of this Article will be incorporated as an addendum to the local memorandum of understanding. The format for the local memorandum shall be as follows: This Memorandum of Understanding is entered into on____________, 20____, at _____, between the representatives of the United States Postal Service, and the designated agent of the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, pursuant to the Local Implementation Article of the 2019 National Agreement. This Memorandum of Understanding constitutes the entire agreement on matters relating to local conditions of employment.

   Article 31 Union-Management Cooperation

   Section 31.1 Membership Solicitation

   The Union may, through employees employed by the Employer, solicit employees for membership in the Union and receive Union dues from employees in non-work areas of the Employer's premises, provided such activity is carried out in a manner which does not interfere with the orderly conduct of the Employer's operation.

   CIM

   Section 31.1 specifies the right of the union to solicit employees for membership and to receive dues payments from employees in non-work areas of postal installations, subject to a requirement that the activity does not interfere with postal operations.

   Question: Are new employees permitted to fill out applications for membership in the Union during employee orientation?

   Answer: Yes. New employees can complete SF-1187, Authorization for Deduction of Union Dues, during employee orientation. The completion of the forms should be carried out in areas designated by management.

   Source: Step 4 Grievance H4N-4J-C 2536, dated August 29, 1985.

   Section 31.2 Electronic Communication

   The Employer shall, on an accounting period basis, provide the Union at its national headquarters with electronic communication containing information as set forth in the Memorandum of Understanding regarding Article 31.

   [See Memo and Letter, pages 199-200]

   CIM

   This language requires the Postal Service to provide specified detailed information about each member of the mail handlers bargaining unit represented by the NPMHU. The Union uses this information to conduct its representation functions and administer its membership information system. The referenced Memorandum of Understanding Article 31 – Computer Tape Accounting Period Report, and a Letter of Intent Article 31 – Information/Reports outlining certain additional reports and indicating their cost and frequency of production, are reprinted at the end of this article.

   Section 31.3 Information

   1. The Employer will make available for inspection by the Union all relevant information necessary for collective bargaining or the enforcement, administration or interpretation of this Agreement, including information necessary to determine whether to file or to continue the processing of a grievance under this Agreement. Upon the written request of the Union, the Employer will furnish such information, provided, however, that the Employer may require the Union to reimburse the USPS for any costs reasonably incurred in obtaining the information.
   2. Requests for information relating to purely local matters should be submitted by the local Union representative to the installation head or designee. All other requests for information should be directed by the Union to the Vice President, Labor Relations.
   3. Nothing herein shall waive any rights the Union may have to obtain information under the National Labor Relations Act, as amended.

   CIM

   This language sets forth the parameters for providing information when requested by the union. Management must provide the union with all relevant information necessary for collective bargaining or for the enforcement, administration or interpretation of the agreement, including information necessary to determine whether to file or to continue processing a grievance. The union’s request for information must be made in writing.

   The union is required only to give a description of the information it needs and to make a reasonable claim that the information is needed to enforce or administer the contract. An explanation of the relevance of the information is required; the union is not permitted to conduct a “fishing expedition” into employer records.

   Paragraph C of this section recognizes the Union’s legal right to obtain USPS information under the National Labor Relations Act, which may be enforced through the filing of an unfair labor practice complaint with the National Labor Relations Board.

   Examples of types of information covered by this provision include:

   Employee attendance records;

   Employee payroll records;

   Documents in an employee’s official personnel file;

   Internal USPS instructions and memoranda;

   Employee disciplinary records;

   Handbooks and manuals;

   Reports and studies;

   Seniority lists;

   Overtime Desired List and Volunteer List records;

   Bid records and

   Postal Inspection Service Investigative Memoranda (IM) relating to employee discipline.

   Settlements and arbitration awards have addressed the Union’s entitlement to information in certain specific areas:

   A completed PS Form 2608, Supervisor’s Step 1 Grievance Summary, will be provided upon request at Step 2 or at any subsequent step of the grievance procedure.

   Source: Step 4 Grievance H1M-1J-C 10717, dated March 22, 1984.

   Any and all information upon which the parties rely to support their position in a grievance is to be exchanged between the representatives to assure that every effort is made to resolve the grievance at the lowest possible level.

   Source: Step 4 Grievance H8C-5K-C 14259, dated April 23, 1981.

   Minutes of Quality of Work Life meetings must be submitted to a non- participating union when that union asserts a need for specific minutes in order to determine whether or not to file a grievance and provides a reasonable explanation of that need.

   Source: National Arbitration Award H4T-2A-C 36687, Arbitrator R. Mittenthal, dated November 16, 1990.

   Restricted sick leave lists will be provided upon union request, pursuant to the routine use provisions of the Privacy Act.

   Source: Pre-arbitration Settlement H8C-5D-C 8083, dated April 14, 1981.

   Question: What is the proper level at which the Union should generate and file requests for information relating to purely local matters?

   Answer: Requests relating to purely local matters should be submitted by the local union representative to the installation head or his/her designee.

   Information regarding costs chargeable for providing information to the union is found in Chapter 4 of the AS-353; note that the union is in the AS-353 category of “All Other Requesters.” Currently, the AS-353 provides for the waiver of information fees for the first 100 pages of duplication and the first 2 hours of search time; after the first 100 pages, duplication costs are charged at the rate of $0.15 per page. While relevant excerpts from that handbook are reprinted below, a review of the complete AS-353 language is recommended.

   4-6.2Aggregate Requests

   When a custodian reasonably believes that a requester is attempting to break a request down into a series of requests to avoid fees, the custodian may aggregate the requests and charge accordingly. Multiple requests pertaining to unrelated subject matters are not aggregated. Requests made by more than one requester may be aggregated when a custodian has a concrete basis to conclude that requesters are acting together to avoid fees.

   4-6.5 How to Assess Fees

   1. Fees Not Assessed. The Postal Service does not charge for responding to the following: requests for records if fees do not exceed $10 ...

   Question: How are payments for requested information handled?

   Answer: The union agrees that it will be required to reimburse the Postal Service for any costs reasonably incurred in gathering requested information, in keeping with the provisions of the ASM (now AS-353). Management should provide the union with an estimate of the fees involved and may require payment in advance. Thus, requests for information should not be denied solely due to compliance being burdensome and/or time consuming.

   Source: Step 4 Grievance H4C-1K-C 41761, dated June 14, 1988.

   Section 31.4 Committee

   The Employer and the Union, believing that improvements in the work life can heighten employee job satisfaction, enhance organizational effectiveness, and increase the quality of service and that these objectives can be best accomplished by joint effort, hereby continue, at the national level, a joint Committee to Improve the Quality of Work Life.

   CIM

   This paragraph establishes the Quality of Work Life or QWL process as part of the parties’ contractual relationship.

   The following Memorandum of Understanding is referenced in Section 31.2.

   (The preceding Article, Article 31, shall apply to Mail Handler Assistant employees.)

   Article 32 Subcontracting

   Section 32.1 General Principles

   1. The Employer will give due consideration to public interest, cost, efficiency, availability of equipment, and qualification of employees when evaluating the need to subcontract.

   CIM

   This section sets forth the factors which the Postal Service must consider in evaluating the need to subcontract.

   2. The Employer will give advance notification to the Union at the national level when subcontracting which will have a significant impact on bargaining unit work is being considered and will meet with the Union while developing the initial Comparative Analysis Report. The Employer will consider the Union's views on costs and other factors, together with proposals to avoid subcontracting and proposals to minimize the impact of any subcontracting. A statement of the Union's views and proposals will be included in the initial Comparative Analysis and in any Decision Analysis Report relating to the subcontracting under consideration. No final decision on whether or not such work will be contracted out will be made until the matter is discussed with the Union.

   CIM

   This section requires that the Postal Service give advance notice to the NPMHU at the national level when subcontracting is being considered which will have a “significant impact” on bargaining unit work and meet with the Union while developing the initial Comparative Analysis Report and consider the Union’s views on costs and other factors and its proposals on how to avoid subcontracting or to minimize its impact. A statement of the Union’s views and proposals will be included in that initial Comparative Analysis and any related Decision Analysis Report.

   Section 32.2 Special Provisions

   1. The Employer and the Union agree that at processing and distribution facilities or post offices where mail handler craft employees are assigned and on duty on the platform at the time a star route vehicle is being loaded or unloaded exclusively by a star route contract driver, a mail handler(s) will assist in loading and unloading the star route vehicle, unless such requirement delays the scheduled receipt and dispatch of mail or alters the routing or affects the safety requirements provided in the star route contract.
   2. At offices where this Section is applicable, the schedules of mail handlers will not be changed nor will the number of mail handlers be augmented solely on the basis of this Section.

   CIM

   This section provides that, except in limited specified circumstances, mail handlers will assist the contract driver in loading and unloading a star route vehicle when mail handler craft employees are assigned and on duty on the platform when the star route vehicle is being loaded and/or unloaded by a contract driver.

   Section 32.3 Committee

   Subcontracting is a proper subject for discussion at Labor-Management Committee meetings at the national level provided in Article 38.

   CIM

   See also Article 38.

   (The preceding Article, Article 32, shall apply to Mail Handler Assistant employees.)

   [See Memo, page 201]

   Article 33 Promotions

   Section 33.1 General Principles

   The Employer agrees to place particular emphasis upon career advancement opportunities. First opportunity for promotions will be given to qualified career employees. The Employer will assist employees to improve their own skills through training and self-help programs, and will continue to expand the Postal Employee Development Center concept.

   CIM

   This section provides that the Postal Service will seek to fill career positions by making them available to qualified career employees prior to hiring new employees. Further, this section obligates the postal Service to assist employees seeking advancement through training and self-help programs.

   The Postal Service is committed to the principle of promotions from within, with emphasis upon career advancement opportunities.

   Source: Step 4 Grievance M-NAT-17, dated February 27, 1974.

   Postal Employee Development Centers (PEDC) are field units located in Districts that provide area-wide training and development support services for all postal personnel on a continuing basis. The primary mission of the PEDC is to contribute to and foster improved employee job performance. The PEDC also provides counseling to help employees pursue career and self-development goals.

   Source: Employee and Labor Relations Manual Chapter 7, Section 722.1

   Self-development training is training that is taken to attain self-determined goals or career objectives that are not directly related to the employee’s current job.

   Source: Employee and Labor Relations Manual Chapter 7, Section 711.421.

   Section 33.2 Bargaining Unit Promotions

   1. When an opportunity for promotion to a bargaining unit position exists in an installation, an announcement shall be posted on official bulletin boards soliciting applications from employees in the bargaining unit. Bargaining unit employees meeting the qualifications for the position shall be given first consideration. Qualifications shall include, but not be limited to, ability to perform the job, merit, experience, knowledge, and physical ability. Where there are qualified applicants, the best qualified applicant shall be selected; however, if there is no appreciable difference in the qualifications of the best of the qualified applicants and the Employer selects from among such applicants, seniority shall be the determining factor. Written examinations shall not be controlling in determining qualifications. If no bargaining unit employee is selected for the promotion, the Employer will solicit applications from all other qualified employees within the installation.
   2. Promotions to positions enumerated in Article 12 of this Agreement shall be made in accordance with such Article by selection of the senior qualified employee bidding for the position.

   CIM

   Question: Are promotions to higher level positions in the mail handler craft filled by senior employees or by best qualified employees?

   Answer: Promotions to higher level positions in the mail handler craft, enumerated in Article 12, shall be made by selection of the senior qualified employee bidding for the position.

   Mail handlers are eligible to apply for the best qualified positions of Examination Specialist, as outlined in Article 12 (Section 12.2H3), and Console Operator. These positions, however, are assigned to the craft of the successful applicant and are not exclusive to any one particular craft. When a mail handler is the successful applicant, these positions are designated to the mail handler craft. Where more than one applicant is qualified, the best qualified of the applicants is selected. Where there is no appreciable difference in the qualifications of the best of the qualified applicants, and the Postal Service selects from among those applicants, seniority shall be the determining factor.

   In addition, Mail handler craft employees may apply, also on a best-qualified basis, for Office Machine Operator, MH-5.

   They may also apply on a best-qualified basis for the positions of Accounting Technician, PS-6, and Training Technician, PEDC, PS-6; however, the successful applicants for these positions will be assigned to the clerk craft.

   Section 33.3 Examinations

   When an examination is given, there shall be no unreasonable limitation on the number of examinations that may be taken by an applicant.

   CIM

   Question: Are examinations given on or off the clock?

   Answer: In-service examinations are to be conducted on a no-gain no-loss basis. Management will not intentionally schedule in-service examinations in order to avoid any payment applicable under the no-gain no-loss principle.

   Source: Pre-arbitration Settlement H8C-4B-C 29625, dated November 21, 1983.

   Question: Are job interviews given on or off the clock?

   Answer: Job interviews are to be conducted on a no-gain, no-loss basis. Management will not intentionally schedule job interviews in order to avoid any payment applicable under the no-gain, no-loss principle.

   Source: Step 4 Grievance H4C-1M-C 5833, dated March 7, 1986.

   Question: How many times can an employee take an examination?

   Answer: When an examination is given, there shall be no unreasonable limitation on the number of examinations that may be taken by an applicant.

   Article 34 Work and/or Time Standards

   Section 34.1 Statement of Principle

   The principle of a fair day's work for a fair day's pay is recognized by the parties to this Agreement.

   Section 34.2 Union Notification

   1. The Employer agrees that any work measurement systems or time or work standards shall be fair, reasonable and equitable. The Employer agrees that the Union will be kept informed during the making of time or work studies which are to be used as a basis for changing current or instituting new work measurement systems or work or time standards. The Employer agrees that the Union may designate a representative who may enter postal installations for purposes of observing the making of time or work studies which are to be used as the basis for changing current or instituting new work measurement systems or work or time standards.
   2. The Employer agrees that before changing any current or instituting any new work measurement systems or work or time standards, it will notify the Union as far in advance as practicable, but not less than 15 days in advance.
   3. When the Employer determines the need to implement any new nationally developed and nationally applicable work or time standards, it will first conduct a test or tests of the standards in one or more installations. The Employer will notify the Union at least 15 days in advance of any such test.
   4. If such test is deemed by the Employer to be satisfactory and it subsequently intends to convert the tests to live implementation in the test cities, it will notify the Union at least 30 days in advance of such intended implementation.

   CIM Sections 34.1 and 34.2

   The parties recognize the principle of a fair day’s work for a fair day’s pay. In addition, the parties agree that the Postal Service can introduce new work measurement systems and establish new time or work standards, as long as those systems or standards are fair, reasonable and equitable.

   These provisions of Article 34 further require that, before making any changes in current or instituting any new work measurement systems or work or time standards, the Postal Service will give timely advance notification to the Union. In addition, the Union will be kept informed during the making of time or work studies which are to be used as a basis for changing current or instituting new work measurement systems or work or time standards, and the Union may designate a representative to observe such studies in postal installations.

   Should the Postal Service determine a need to implement any new nationally developed and nationally applicable work or time standards, it first will conduct a test or tests of those standards in one or more installations. The Union will receive at least 15 days advance notice of such a test. Finally, the last paragraph of Section 34.2 requires that the Postal Service will notify the Union at least 30 days in advance of any live implementation of satisfactory tests of changes in work or time standards.

   Question: Can management establish goals and objectives for employees in a specific work unit?

   Answer: Yes. Management may establish goals and objectives for employees in specific work units. However, as provided by Section 34.2B, the Postal Service agrees that before changing any current or instituting any new work measurement systems or work or time standards, it will notify the Union as far in advance as practicable, but not less than 15 days in advance.

   Source: Step 4 Grievance H1M-5L-C 20301, dated October 4, 1984.

   Question: Can management use average times as a criterion for measuring employees’ performance?

   Answer: The parties agree that Article 34 embodies mutual recognition of the principles of a fair day’s work for a fair day’s pay. The parties also agree that discipline cannot be imposed on one mail handler solely because he/she fails to perform at the same level as another.

   Source: Step 4 Grievance H4M-3P-C 28212, dated December 8, 1994.

   Section 34.3 Difference Resolution

   Within a reasonable time not to exceed 10 days after the receipt of such notice, the Union and the Employer shall meet for the purpose of resolving any differences that may arise concerning such proposed work measurement systems or work or time standards.

   CIM

   Section 34.3 establishes clear time limits during which the parties will meet, after the Union’s receipt of notice of live implementation, to resolve any differences concerning the proposed work measurement systems or work or time standards.

   Section 34.4 Grievance and Arbitration

   1. If no agreement is reached within five days after the meetings begin, the Union may initiate a grievance at the national level. If no grievance is initiated, the Employer will implement the new work or time standards at its discretion.
   2. If a grievance is filed and is unresolved within 10 days, and the Union decides to arbitrate, the matter must be submitted to priority arbitration by the Union within 5 days. The conversion from a test basis to live implementation may proceed in the test cities, except as provided in Section 34.5.
   3. The arbitrator's award will be issued no later than 60 days after the commencement of the arbitration hearing. During the period prior to the issuance of the arbitrator's award, the new work or time standards will not be implemented beyond the test cities, and no new tests of the new standards will be initiated. Data gathering efforts or work or time studies, however, may be conducted during this period in any installation.
   4. The issue before the arbitrator will be whether the national concepts involved in the new work or time standards are fair, reasonable and equitable.
   5. In the event the arbitrator rules that the national concepts involved in the new work or time standards are not fair, reasonable and equitable, such standards may not be implemented by the Employer until they are modified to comply with the arbitrator's award. In the event the arbitrator rules that the national concepts involved in the new work or time standards are fair, reasonable and equitable, the Employer may implement such standards in any installation. No further grievances concerning the national concepts involved may be initiated.

   CIM

   Section 34.4 provides that if no grievance is filed by the Union at the National level, the Postal Service may implement the new work or time standards at its discretion. If a grievance is filed by the Union at the National level and is unresolved after 10 days, the matter may be submitted to priority arbitration by the Union; any such submission must be made within 5 days. While the dispute is pending, live implementation of the new or changed work measurement system or work or time standard may occur in the test sites (except as provided in Section 34.5 hereunder.)

   As noted, while the arbitrator’s decision is pending, the new systems or standards will not be implemented beyond the test cities. During this interim period, however, the Postal Service may continue to gather data or conduct related time studies in any other facility pending receipt of the arbitration decision.

   The issue before the arbitrator will be whether the national concepts involved in the new work or time standards are fair, reasonable and equitable.

   Question: Is there any recourse if the Union and Management do not agree on proposed work measurement systems or work and/or time standards?

   Answer: The Union may file a grievance at the National level to determine whether the new system or standard is fair, reasonable and equitable.

   Section 34.5 Union Studies

   After receipt of notification provided for in Section 2.D of this Article, the Union shall be permitted to make time or work studies in the test cities. The Union shall notify the Employer within ten (10) days of its intent to conduct such studies. The Union studies shall not exceed ninety (90) days, from the date of such notice, during which time the Employer agrees to postpone implementation in the test cities. There shall be no disruption of operations or of the work of employees due to the making of such studies. Upon request, the Union shall be permitted to examine relevant available technical information, including final data worksheets, that were used by the Employer in the establishment of the new or changed work or time standards. The Employer is to be kept informed during the making of such Union studies and, upon the Employer's request, the Employer shall be permitted to examine relevant available technical information, including final data worksheets, relied upon by the Union.

   CIM

   This section provides that, after receiving the notification required by Section 34.2D, the Union may conduct its own time or work studies in the test cities. These studies may not exceed 90 days, and during this period the Postal Service agrees to postpone implementation in the test cities.

   (The preceding Article, Article 34, shall apply to Mail Handler Assistant employees.)

   Article 35 Alcohol And Drug Recovery Programs

   Section 35.1 Programs

   1. The Employer and the Union express strong support for programs of self-help. The Employer shall provide and maintain a program which shall encompass the education, identification, referral, guidance and follow-up of those employees afflicted by the dis- ease of Alcoholism and/or Drug Abuse. When an employee is referred to EAP by the Employer, the EAP counselor will have a reasonable period of time to evaluate the employee's progress in the program. The parties will meet at the national level at least once every 6 months to discuss existing and new programs. This program of labor-management cooperation shall support the continuation of the EAP Program, at the current level. In addition, the Employer will give full consideration to expansion of the EAP Program where warranted.
   2. An employee's voluntary participation in such programs will be considered favorably in disciplinary action proceedings.
   3. In offices having EAP Programs the status and progress of the program, including improving methods for identifying alcohol- ism and drug abuse at its early stages and encouraging employees to obtain treatment without delay, will be proper agenda items for discussion at the local regularly scheduled Labor-Management Committee meetings as provided for in Article 38. Such discussion shall not breach the confidentiality of EAP participants.

   CIM

   The Employee Assistance Program (EAP) is designed to assist employees and their immediate families in recovering from alcoholism and drug abuse and in dealing with other problems in a formal, non-disciplinary setting. The EAP helps employees and their immediate families through consultation, evaluation, counseling, and/or referral to community resources and treatment facilities. Participation in the EAP is voluntary and will not place the employee’s job security or promotional opportunities in jeopardy. However, participation in the EAP does not shield the employee from discipline or prosecution. The EAP is a confidential program, subject to the provisions of Section 940 of the Employee and Labor Relations Manual.

   Question: If an employee enrolls in the EAP, should such enrollment be considered favorably in disciplinary action proceedings?

   Answer: Yes. An employee’s voluntary participation in the program will be considered favorably in disciplinary action proceedings.

   Question: Is management prohibited from taking disciplinary action while an employee is enrolled in the EAP?

   Answer: No. Although voluntary participation in EAP will be given favorable consideration in disciplinary action, participation in EAP does not prohibit disciplinary action for failure to meet acceptable standards of work performance, attendance and/or conduct. Furthermore, participation in EAP does not shield an employee from discipline or from prosecution for criminal activities.

   Source: Employee and Labor Relations Manual (ELM) Chapter 9, Section 941.32.

   Question: Will participation in EAP jeopardize an employee’s promotional opportunities?

   Answer: Participation in EAP will not jeopardize an employee’s job security or promotional opportunities.

   Source: ELM Chapter 9, Section 941.31

   Section 35.2 Referral Information

   In Postal installations having professional medical units, the Employer will insure that the professional staffs maintain a current listing of all local community federally-approved drug treatment agencies for referring employees with such problems. A copy of this community listing will be given to the local union representative.

   CIM

   Due to changes in the Employee and Labor Relations Manual (ELM), Section 942.221, Management Referrals, now provides that management may refer an employee to EAP using the EAP referral form if the supervisor or manager observes such characteristics as listed in Section 942.21or has some other reason to believe that the EAP could provide needed assistance to the employee. The employee, however, has the option to refuse the referral, and he/she cannot be disciplined for refusing the referral.

   Employees also may be referred to EAP by other employees, union representatives, management association representatives, medical personnel, family members, or judicial or social service agencies. Employees are also encouraged to seek assistance on their own.

   Question: Are there exceptions to the employee’s option to refuse a management referral to EAP?

   Answer: Yes. In instances when there is a Last Chance Agreement, or when the employee has signed a settlement agreement agreeing to participate in the EAP, the employee can be disciplined for noncompliance with the terms of the signed agreement.

   Source: ELM Chapter 9, Section 942.221

   Question: Is the first visit to EAP on the clock?

   Answer: An employee’s first visit to EAP is on the clock, whether the visit is initiated by management, the union representative, or the employee concerned, unless the employee prefers to visit the EAP unit on his or her time. Subsequent consultations are on the employee’s own time.

   Source: ELM Chapter 9, Section 941.35

   Question: What types of leave will be considered if an employee participates in an inpatient treatment program?

   Answer: In cases in which hospitalization or detoxification is recommended, requests for sick leave, leave without pay, annual leave, or advanced sick leave are the responsibility of the employee and will be given careful consideration by management.

   Source: ELM Chapter 9, Section 942.32

   Question: Is there confidentiality associated with EAP?

   Answer: Confidentiality is the cornerstone of EAP counseling. EAP counselors are bound by very strict codes of ethics, as well as federal and state laws, requiring that information learned from counseled employees remains private. EAP counselors have licenses and master’s degrees in their fields of expertise.

   Management officials and union officials have no right to breach the confidentiality of EAP counseling sessions. What an EAP counselor learns in confidential counseling or other treatment of an employee may be released only with the employee’s completely voluntary, written consent, or upon the order of a court of law. Information regarding participation in EAP counseling is confidential pursuant to the provisions of ELM 944.4. Due to the importance of this subject, Section 944.4 is reprinted hereunder in its entirety.

   Source: ELM Chapter 9, Section 944.4.

   944 Disclosure

   944.41 General

   944.411 Usual Recipients

   Information identifying substance abuse program participants, whether or not such information is recorded, may be disclosed as follows:

   1. To medical personnel outside the Postal Service to the extent necessary to meet a bona fide medical emergency involving the EAP participant.
   2. To qualified personnel, with the written authorization of the vice president of Employee Resource Management, for purposes of conducting scientific research or program audits or evaluation. However, under no circumstances may any personally identifiable information be disclosed in the resulting evaluation, research, or audit reports
   3. To a court, under the following circumstances:
   1. When authorized by a court order upon showing of good cause, such as when necessary to protect against an existing threat to life or of bodily injury, or in connection with the investigation or prosecution of a crime.
   2. In litigation or an administrative proceeding when authorized by the trier of fact, when the EAP participant offers testimony or other evidence pertaining to the content of his or her EAP participation. Counsel should be contacted for assistance in both evaluating the order and in determining the extent to which information must be released.
   4. To any person when the EAP participant gives prior written consent to disclose information. This consent specifies the nature and scope of the topics to be released, to whom information is to be released, the purpose of the disclosure, and the date on which the consent terminates.
   5. To a person in any situation in which the EAP counselor has a duty to warn.
   6. To an expert, consultant, or other individual who is under contract to the Postal Service to fulfill an agency function, but only to the extent necessary to fulfill that function, and in accordance with the Privacy Act restrictions as listed under 39 CFR 266.6.

   944.412 Limitation of Disclosure

   In all cases cited in 944.411, only information that is absolutely necessary to satisfy the recipient’s business or medical need is to be disclosed.

   944.42 Criminal Activity

   944.421 EAP Records

   EAP counseling records or personnel may not be used to initiate or substantiate any criminal charges against an EAP participant or to conduct any investigation of a participant, except as authorized by a court order for good cause.

   944.422 Limitation of Confidentiality

   If an employee who is an EAP counseling participant reveals the commission or intended commission of serious criminal activity, the EAP counselor is not prohibited from disclosing that information so long as the employee is not identified as an

   EAP counseling program participant. Confidentiality does not apply in any of the following cases:

   1. A crime is committed on EAP premises or against EAP counselor personnel or a threat to commit such a crime is made.
   2. Incidents occur in which information must be reported as required by state law; for example, mandatory reporting of child abuse and/or neglect (elder abuse in some states).
   3. For a disclosure that may be required by elements of the criminal justice system because they have referred employees who are EAP participants.

   (The preceding Article, Article 35, shall apply to Mail Handler Assistant employees.)

   [See Memo, page 202]

   Article 36 Credit Unions and Travel

   Section 36.1 Credit Unions

   1. In the event the Union or its local Unions (whether called Area Locals or by other names) presently operate or shall hereafter establish and charter credit unions, the Employer shall, without charge, authorize and provide space, if available, for the operation of such credit unions in Federal buildings, in other than workroom space.
   2. Any postal employee who is an employee of any such credit union or an officer, official, or Board member of any such credit union, shall, if such employee can be spared, be granted annual leave or leave without pay, at the option of the employee, for up to eight (8) hours daily, to perform credit union duties.

   CIM Sections 36.1A, B

   Question: What are the Postal Service’s obligations with regard to providing space for credit unions in Federal buildings?

   Answer: If space is available, the Postal Service will authorize a suitable location (other than workroom floor space) for credit unions in postal buildings. If the area is accessible through the workroom only, membership in the credit union is restricted to USPS employees (active and retired). Other federal employees in the same building may not join unless the credit union is situated so that it is unnecessary to enter the postal workroom. Credit union business cannot be conducted from any post office service window.

   Source: Employee and Labor Relations Manual Section 613.2.

   Question: Are employees entitled to USPS compensation for performing credit union duties?

   Answer: No. Postal employees who are employees, officers, officials, or board members of employee credit unions are not entitled to USPS compensation for credit union duties. Such employees have the option of using annual leave or leave without pay for up to 8 hours per day to perform credit union activities, provided that they can be spared from their regular duties.

   Section 36.2 Travel, Subsistence and Transportation

   1. The Employer shall continue the current travel, subsistence and transportation program.
   2. Employees will be paid a mileage allowance for the use of privately-owned automobiles for travel on official business when authorized by the Employer equal to the standard mileage rate for use of a privately-owned automobile as authorized by the General Services Administration (GSA). Any change in the GSA standard mileage rate for use of a privately-owned automobile will be put into effect by the Employer within sixty (60) days of the effective date of the GSA change.

      CIM Sections 36.2A, B

      Most disputes that arise under Section 36.2 pertain to compensation for travel time and/or compensation for mileage. The parties at the National level agree that the appropriate handbook provisions – including the regulations contained in Section 438 of the Employee and Labor Relations Manual (ELM) and Handbook F-15, Travel and Relocation -- generally provide sufficient guidance to resolve any disagreement and that such disputes must be resolved based on the fact circumstances of each individual case. Question: Does commuting time to and from an employee’s home and the employee’s official duty station qualify as compensable travel?

      Answer: No. Commuting time before or after the regular workday between an employee’s home and official duty station, or any other location within the local commuting area, is a normal incident of employment and is not compensable.

      Source: ELM Section 438.121

      Question: How is the “local commuting area” defined?

      Answer: The local commuting area is the suburban area immediately surrounding the employee’s official duty station and within a radius of 50 miles.

      Source: ELM Section 438.11b

      Question: If an employee is called back to work after the completion of his or her regular work day, does the employee qualify for reimbursement for the travel involved?

      Answer: Commuting time to and from work is also not compensable when an employee is called back to work after the completion of the regular work day, unless the employee is called back to work at a location other than his or her regular work site.

      Source: ELM Section 438.122

      Question: Are there circumstances under which travel time is compensable when management sends an employee to work in another facility?

      Answer: Time spent at any time during a service day by an eligible employee in travel from one job site to another within a local commuting area without a break in duty status is compensable.

      Source: ELM Section 438.132a.

      Question: Is an employee entitled to compensation for time spent commuting between locations when employed to work on a permanent basis at more than one location in the same service day?

      Answer: The time spent commuting between the locations in these circumstances is not compensable travel time, provided there is a break in duty status between the work performed in the different locations. A break in duty status occurs when an employee is completely relieved from duty for a period of at least 1 hour that may be used for the employee’s own purposes. This 1 hour or greater period must be in addition to the actual time spent in travel and the normal meal period, if the normal meal period occurs during the time interval between the work at the different locations.

      Source: ELM Section 438.123.

      Question: Does compensable travel time count towards an employee’s work hours and overtime hours?

      Answer: Compensable travel time is counted as worktime for pay purposes and is included in hours worked in excess of 8 hours in a day, 40 hours in a week, or on a nonscheduled day for a full-time employee, for the determination of overtime for eligible employees.

      Source: ELM Section 438.15a.

      Question: When can an employee use a privately-owned vehicle for postal business purposes?

      Answer: An employee may receive approval when the appropriate official determines that using a privately-owned vehicle will be advantageous to the Postal Service.

      Source: F-15 Handbook, Travel and Relocation, Section 5-5.1.1.a.

      Question: What is the mileage allowance paid to employees for the use of privately-owned automobiles for travel on official business authorized by the Postal Service?

      Answer: The mileage allowance for use of privately-owned automobiles for travel is equal to the standard mileage rate for use of a privately-owned automobile as authorized by the General Services Administration (GSA).

   3. All travel for job-related training will be considered compensable work hours.

      CIM

      When mail handlers remain overnight on travel for job-related training, their travel time will be considered work hours for compensation purposes. Travel time is the time spent by a mail handler moving from one location to another during which no productive work is performed. It includes time spent traveling between his/her residence, airports, training facilities and hotels (portal to portal). Management must provide prior approval for overnight travel.

   (The preceding Article, Article 36, shall apply to Mail Handler Assistant employees.)

   Article 37 Special Provisions

   Section 37.1 Mail Handler Watchmen

   Former mail handler watchmen, whose positions have been abolished, shall continue to be treated in accordance with the seniority, posting and reassignment provisions of this Agreement.

   CIM

   The Postal Reorganization Act of 1970, in Sections 1201 and 1202 of Title 39 of the United States Code, excludes “any individual employed as a security guard” from the production and maintenance bargaining units of the Postal Service. Mail handler watchmen positions have been eliminated, first through attrition and then through the procedures required by Article 12.

   As stated in this section, former watchmen previously represented by the NPMHU, whose positions have been abolished, shall continue to be treated in accordance with the seniority, posting, and reassignment provisions of the National Agreement.

   Section 37.2 Inspection of Lockers

   The Employer agrees that, except in matters where there is reasonable cause to suspect criminal activity, a steward or the employee shall be given the opportunity to be present at any inspection of employees' lockers. For a general inspection where employees have had prior notification of at least a week, the above is not applicable.

   CIM

   For any inspection of an employee’s locker that is not based on reasonable cause to suspect criminal activity, or any general inspection of lockers where employees have not had prior notification of at least a week, either a steward or the employee(s) affected shall be given the opportunity to be present at the inspection.

   Section 37.3 Local Distribution of Personnel Action Roster Notices

   Copies of information bulletins, which contain notification of personnel changes and are currently posted on post office bulletin boards, will be given to the Mail Handlers Union on a regular basis.

   Section 37.4 Energy Shortages

   In the event of an energy crisis, the Employer shall make every reasonable attempt to secure a high priority from the appropriate Federal agency to obtain the fuel necessary for the satisfactory maintenance of postal operations. In such a case, or in the event of any serious widespread energy shortage, the Employer and the Union shall meet and discuss the problems and pro- posed solutions through the Labor-Management Committee provided in Article 38.

   (The preceding Section, Article 37.4, shall apply to Mail Handler Assistant employees.)

   Section 37.5 Local Policy on Telephones

   The parties recognize that telephones are for official USPS business. However, the Employer at the local level shall establish a policy for the use of telephones by designated Union representatives for legitimate business related to the administration of this Agreement, subject to sound business judgment and practices.

   CIM Sections 37.3, .4, .5

   The Postal Service at the local level is required to establish a policy, subject to sound business judgment and practices, for the use of telephones by designated Union representatives for legitimate business related to the administration of the National Agreement.

   Section 37.6 Fatigue

   The subject of fatigue, as it relates to the safety and health of mail handler employees, is a proper subject for discussion in local Joint Labor-Management Safety and Health Committee meetings.

   CIM

   Additional provisions regarding meetings of the local Joint Labor-Management Safety and Health Committee are found in Article 14 (Sections 14.7 and 14.8).

   Section 37.7 Saved Grade Retention

   An employee shall not lose Saved Grade by bidding on preferred duty assignments in the position and level assigned.

   CIM

   See further Article 4 (Section 4.4) and Article 9 (Section 9.6B).

   Article 38 Labor-Management Committee

   Section 38.1 Statement of Principle

   The Union through its designated agents shall be entitled at the national, regional/area, and local levels, and at such other intermediate levels as may be appropriate, to participate in regularly scheduled Labor-Management Committee meetings for the purpose of discussing, exploring, and considering with management matters of mutual concern; provided neither party shall attempt to change, add to or vary the terms of this Collective Bargaining Agreement.

   CIM

   This article establishes labor-management committees at the national, regional/area and local levels. The purpose of these committees is to discuss matters of mutual concern, subject to the understanding that neither party to these discussions shall attempt to modify the terms of the National Agreement.

   These labor-management committees are specifically mentioned in several other provisions of the National Agreement. Various subjects are deemed to be proper for discussion at labor-management meetings, including the following: under Article 2 (Section 2.2), non-discrimination and civil rights, at the national, regional/area and local levels; under Article 8 (Section 8.4D), sustained and excessive overtime where it is being worked by non-volunteers, at the regional/area and local levels; under Article 20 (Section 20.5), the parking program, at the national level; under Article 32 (Section 32.3), subcontracting, at the national level; and under Article 37 (Section 37.4), the problems and proposed solutions associated with an energy crisis or any serious widespread energy shortage, at the national level.

   Section 38.2 Committee Meetings

   1. At the national and regional/area levels, the Labor-Management Committees shall meet quarterly, unless additional meetings are scheduled by mutual agreement. Agenda items shall be exchanged at least 15 working days in advance of the scheduled meeting. National level agenda items include those of national concern such as human rights, technological and mechanization changes, subcontracting, jurisdiction, uniforms and work clothes, parking and other labor-management subjects. Regional/Area level agenda items include those of regional/area concern such as human rights and other labor-management subjects.
   2. Union attendance at national level meetings shall be limited to no more than six (6) persons, not including secretarial staff. Union attendance at regional/area level meetings shall be limited to no more than three (3) persons, not including secretarial staff. If the Union requires technical assistance, such technical assistance shall be in addition to the numbers listed above.
   3. Meetings at the national and regional/area (except as to the Christ- mas operation) levels will not be compensated by the Employer. The Employer will compensate one designated representative from the Union for actual time spent in the meeting at the applicable straight time rate, providing the time spent in such meetings is a part of the employee's regular scheduled work day.

      CIM

      With the exception of meetings dealing with the Christmas operation, the compensation provisions apply only for local Labor-Management Committee meetings.

   4. Subject to the provisions of this Agreement, Labor-Management Committee meetings will be separate from other unions.
   5. Provided agenda items are submitted, Labor-Management Committee meetings shall be scheduled in all offices in accordance with the following criteria:
   1. In offices with a total complement of 300 bargaining unit employees or more, meetings will be held once a month. Complement is defined in this Section as total number of employees currently on the rolls in the installation;
   2. In offices with a complement of 100 to 299 bargaining unit employees, meetings will be held bi-monthly; and
   3. In offices of less than 100 employees, meetings will be held quarterly.
   6. Agenda items will be exchanged at least 72 hours prior to such meetings. Meetings shall be held at a time and date convenient to both parties. Where agenda items do not warrant a regularly scheduled meeting, discussions may take place by mutual agreement in lieu thereof.

      CIM

      Meeting frequency is determined by the complement of bargaining unit employees, including MHAs, in each office. Additionally, it is important that the time requirements for exchange of agenda items be adhered to so that full consideration can be given to submitted items. If agenda items do not warrant a regularly scheduled meeting, the parties can mutually agree to discuss issues of concern.

      Question: As a general rule, should management respond to all issues discussed at meetings of the labor-management committees?

      Answer: Yes. To maintain good labor-management relations, it is necessary for management to make every effort to respond to all issues discussed at labor- management committee meetings in as short a time as it practical.

      Source: Step 4 Grievance NC-S-11532, dated October 24, 1978.

   Section 38.3 Christmas Operation

   The policies to be established by management for the Christmas operation will be a subject of discussion at a timely regularly scheduled Labor-Management Committee meeting.

   Section 38.4 Minutes

   Minutes of local Labor-Management Committee meetings may be taken by each party.

   Article 39 Separability and Duration

   Section 39.1 Separability

   Should any part of this Agreement or any provision contained herein be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a court of competent jurisdiction, such invalidation of such part or provision of this Agreement shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.

   CIM

   If any part or provision of the National Agreement is rendered invalid due to legislation or court order, the remainder of the National Agreement will remain in full force and effect.

   Section 39.2 Duration

   Unless otherwise provided, this agreement shall be effective September 21, 2019, and shall remain in full force and effect to and including 12 midnight, September 20, 2022 and unless either party desires to terminate or modify it, for successive annual periods. The party demanding such termination or modification must serve written notice of such intent to the other party, not less than 90 or more than 120 days before the expiration date of the Agreement.

   CIM

   Except for certain provisions that were specifically designated as retroactive to September 21, 2019 or to other dates set forth in the National Agreement, the terms of the 2019 National Agreement were effective on April 25, 2020.

   The 2019 National Agreement is effective until 12 midnight on September 20, 2022 unless neither party indicates its desire to terminate or modify it, in which case the National Agreement is automatically renewed for successive annual periods. If either party notifies the other in writing, within the prescribed time limits, of its desire to terminate or modify the National Agreement, then the National Agreement is subject to re-negotiation in accordance with the terms of the Postal Reorganization Act.

   (The preceding Article, Article 39, shall apply to Mail Handler Assistant employees.)