NPMHU 2019 National Agreement: Difference between revisions

Revision as of 21:37, 31 December 2021

Preamble

ARTICLE 1 UNION RECOGNITION

Article 1 Union Recognition

ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS

ARTICLE 2 Non-Discrimination and Civil Rights

ARTICLE 3 MANAGEMENT RIGHTS

Article 3 Management Rights

ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES

Article 4 Technological and Mechanization Changes

ARTICLE 5 PROHIBITION OF UNILATERAL ACTION

Article 5 Prohibition of Unilateral Action

ARTICLE 6 LAYOFF AND REDUCTION IN FORCE

Article 6 Layoff and Reduction in Force

Section 6.1 General Principles

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.

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

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.
With respect to employees hired into the regular work force after the date of this Award and who have not acquired the protection provided under Section 6.1B above, the Employer shall have the right to effect layoffs for lack of work or for other legitimate rea- sons. This right may be exercised in lieu of reassigning employees under the provisions of Article 12, except as such right may be modified by agreement. Should the exercise of the employer's right to lay off employees require the application of the provisions of Chapter 35 of Title 5, United States Code, employees covered by that Chapter with less than three years of continuous civilian federal service will be treated as "career conditional" employees.

The Employer's right as established in this section shall be effective July 20, 1979. The following terms as to the employees' and employer's rights and the rules and procedures to be followed in the implementation of Article 6 are a part of the September 15, 1978 Final Resolution and shall be final and binding upon the parties:

[See Memo, page 132]

MEMORANDUM OF UNDERSTANDING ARTICLE 6 - LAYOFF PROTECTION

Each employee who is employed in the regular work force as of September 20, 2019, and who has not acquired the protection provided under Article 6 shall be protected henceforth against any involuntary layoff or force reduction during the term of this Agreement. It is the intent of this Memorandum of Understanding to provide job security to each such employee during the term of this Agreement; however, in the event Congress repeals or significantly relaxes the Private Express Statutes this Memorandum shall expire upon the enactment of such legislation. In addition, nothing in this Memorandum of Understanding shall diminish the rights of any bargaining-unit employees under Article 6. Since this Memorandum of Understanding is being entered into on a nonprecedential basis, it shall terminate for all purposes at, midnight September 20, 2022 and may not be cited or used in any subsequent dispute resolution proceedings.

Section 6.2 Coverage

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.
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."
Non-Protected Employees Achieving Protected Status

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.

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.
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.
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.

Section 6.3 Preconditions for Implementation of Layoff and Reduction in Force

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.
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.
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.
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.
No less than 20 days prior to effecting a layoff, the Employer will post a list of all vacancies in other seniority units and crafts at the same or lower level which exist within the installation and within the commuting area of the losing installation. Employees in an affected seniority unit may, within 10 days after the posting, re- quest a reassignment under this Article to a posted vacancy. Qualified employees will be assigned to such vacancies on the basis of seniority. If a senior non-preference eligible employee within the seniority unit indicates no interest in an available reassignment, then such employee becomes exposed to layoff. A preference eligible employee within the seniority unit shall be re- quired to accept such a reassignment to a vacancy in the same level at the installation, or, if none exists at the installation, to a vacancy in the same level at an installation within the commuting area of the losing installation. If the reassignment is to a different craft, the employee's seniority in the new craft shall be established in accordance with the applicable seniority provisions of the new craft.

Section 6.4 Section 6.5 Section 6.6 Section 6.7

Article 7 Employee Classifications

ARTICLE 8 HOURS OF WORK

The work week for full-time regulars shall be forty (40) hours per week, eight (8) hours per day within ten (10) consecutive hours, provided, 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

A The employee's service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.

B The employee's service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins.

C The employee's normal work week is five (5) service days, each consisting of eight (8) hours, within ten (10) consecutive hours, except as provided in Section 8.1 of this Article. As far as practicable the five days shall be consecutive days within the service week.

Section 8.3 Exceptions

Section 8.2C above shall not apply to part-time employees. Part-time employees will be scheduled in accordance with the above rules, except they may be scheduled for less than eight (8) hours per service day and less than forty (40) hours per normal work week. MHAs will be scheduled in accordance with Section 2, A and B of this Article.

Section 8.4 Overtime Work

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

B Overtime shall be paid to employees for work performed only after eight (8) hours on duty in any one service day or forty (40) hours in any one service week. Nothing in this Section shall be construed by the parties or any reviewing authority to deny the payment of overtime to employees for time worked outside of their regularly scheduled work week at the request of the Employer.

C Wherever two or more overtime or premium rates may appear applicable to the same hour or hours worked by an employee, there shall be no pyramiding or adding together of such overtime or premium rates and only the higher of the employee's applicable rates shall apply.

D The parties to this Agreement recognize that sustained and excessive levels of overtime, particularly where it is being worked by non-volunteers, are not ultimately beneficial to the Postal Service or the employees. The subject of sustained and excessive over- time, where it is being worked by non-volunteers, is a proper topic for discussion at Local and Regional/Area Labor Management Committee meetings. The parties will meet to discuss particular problem areas and to identify appropriate avenues of resolution. In addition, any disputes on this subject may be processed through the Grievance-Arbitration procedure in accordance with Article 15.

E Overtime Work for MHAs

MHAs shall be paid overtime for work performed in excess of ‘’’eight (8) hours on duty in any one service day or’’’ forty (40) work hours in any one service week. Overtime pay for MHAs is to be paid at the rate of one and one-half (1-1/2) times the basic hourly straight time rate. When an opportunity exists for overtime for qualified and available full-time employees, doing similar work in the work location where the employees regularly work, prior to utilizing an MHA in excess of eight (8) work hours in a service day or forty (40) hours in a service week, such qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their seniority on a rotating basis.

Section 8.5 Overtime Assignments

When needed, overtime work shall be scheduled among qualified full-time regular employees doing similar work in the work location where the employees regularly work in accordance with the following:

A Two weeks (i.e., 14 calendar days) prior to the start of each calendar quarter, full-time regular employees desiring to work over- time during that quarter shall place their names on an "Overtime Desired" list. Every full-time regular employee shall have the opportunity to put his/her name on the "Overtime Desired" list, even though he/she may be on leave during the signing up period for that quarter.

Newly converted full-time employees, and employees converted, transferred, or reassigned into an installation or into the Mail Handler craft within the installation, ‘’’or a mail handler who bids or is reassigned during a calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour’’’ may place their names on the "Overtime Desired" list within the two weeks (i.e., 14 calendar days) following the date upon which they are converted, transferred, or reassigned to full-time ‘’’(whether or not the mail handler was on the OTDL for the losing facility, section, or tour)’’’. Said placement on the list shall be effective on the next calendar day. Employees on the “Overtime Desired” list from the previous quarter shall have their names automatically placed on the list for the next quarter, and their names shall remain on the list unless they provide the Employer with written notice of their desire to remove their names from the list.

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

C When during the quarter the need for overtime arises, full-time regular employees with the necessary skills having listed their names will be selected in order of their seniority on a rotating basis. Those absent, or on leave shall be passed over. In addition, employees whose guarantee exceeds the overtime requirement shall be passed over (e.g., an employee on a nonscheduled day would not be called in to perform 2 hours of overtime work); un- less such guarantee is modified by the provisions of Section 8.8 concerning early release. Full-time regular employees on the "Overtime Desired" list may be required to work up to twelve (12) hours in a day. In addition, at the discretion of the Employer, "Overtime Desired" list employees may volunteer to work beyond twelve (12) hours in a day.

D If the voluntary "Overtime Desired" list does not provide sufficient available and qualified people, the Employer shall assign other employees to the extent needed. When assigning such employees, the Employer shall first utilize qualified and available full-time employees, in order of seniority, who have volunteered to work the required overtime after their scheduled tour for that day only or who have volunteered to work their nonscheduled day(s). Employees shall volunteer for overtime assignments after their scheduled tour for that day only by signing their name and indicating their seniority date, within the first two (2) hours of their scheduled tour of duty, on a daily "Full-Time Volunteer" list maintained in each work section on the workroom floor. The daily "Full-Time Volunteer" list shall be applied in a manner consistent with the application of the "Overtime Desired" list within the installation. Employees shall volunteer for overtime assignments on their nonscheduled days by signing their name and indicating their nonscheduled days and their seniority date on a Full-Time Volunteer list that is posted in each work section at the beginning of the service week (i.e., on Saturday) and must be signed by Tuesday of the service week prior to that being volunteered for. Such full-time employee volunteers shall work the required overtime, as directed by management. The Employer shall have the discretion to limit these volunteer employees from working beyond ten (10) hours in a day. There shall not be any penalty for errors by the Employer in applying either of these "Full-Time Volunteer" lists.

If additional employees are still needed after application of the above, the Employer shall assign other employees as needed. To the extent practicable, an effort will be made to schedule available (on duty at the time that the selection of employees for overtime is made) and qualified Mail Handler Assistants and/or part-time flexible employees for such work prior to requiring full-time employees not on the "Overtime Desired" list or "Full-Time Volunteer" lists to work such overtime. If qualified full-time regular employees not on the "Overtime Desired" list or either of the volunteer lists are required to work overtime, it shall be on a rotating basis with the first opportunity assigned to the junior employee.

E Exceptions to .5C and .5D above if requested by the employee may be approved by local management in exceptional cases based on equity (e.g., anniversaries, birthdays, illness, deaths).

F Excluding December, only in an emergency situation will a full- time regular employee not on the "Overtime Desired" list be re- quired to work over ten (10) hours in a day or over six (6) days in a week.

[See Memos, pages 147-148]

Section 8.6 Sunday Premium Payment

Each employee whose regular work schedule includes a period of service, any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday, shall be paid extra compensation at the rate of 25 percent of the employee's base hourly rate of compensation for each hour of work performed during that period of service. An employee's regularly scheduled reporting time shall not be changed on Saturday or Sunday solely to avoid the Sunday premium payment.

Section 8.7 Night Shift Differential

For time worked between the hours of 6:00 p.m. and 6:00 a.m. career employees shall be paid additional compensation at the applicable flat dollar amount at each pay grade and step in accordance with Tables Three and Four, attached. [See Memo, page 149] 19

Section 8.8 Guarantees

An employee called in outside the employee's regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay in lieu thereof where less than four (4) hours of work is available. Such guar- anteed minimum shall not apply to an employee called in who continues working on into the employee's regularly scheduled shift. When a full-time regular employee is called in on the employee's non scheduled day, the em- ployee will be guaranteed eight hours work or pay in lieu thereof. This guarantee will be waived if the employee, with the concurrence of the Union and approval of Management, requests to be released early. The Employer will guarantee all employees at least four (4) hours work or pay on any day they are requested or scheduled to work in a post office or facility with 200 or more man years of employment per year. All employees at other post offices and facilities will be guaranteed two (2) hours work or pay when requested or scheduled to work. Any MHA who is scheduled to work and who reports to work in an instal- lation with 200 or more man years of employment shall be guaranteed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours work or pay.

Section 8.9 Wash Up Time

Installation heads shall grant reasonable wash up time to those employees who perform dirty work or work with toxic materials. The amount of wash up time granted each employee shall be subject to the grievance procedure. (The preceding Sections, Articles 8.2, 8.3, 8.4, 8.5, 8.7, 8.8, and 8.9, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees or in this Article.) 20

ARTICLE 9 SALARIES AND WAGES

Section 9.1 Basic Annual Salary

Employees with career appointments before February 15, 2013 shall be paid and earn step increases according to the rates and waiting periods described in Section 9.2A and outlined in Table One. Employees with career appointments on or after February 15, 2013 shall be paid and earn step increases according to the rates and waiting periods de- scribed in Section 9.2B and outlined in Table Two. The basic annual salary schedule, with proportional application to hourly rate employees, for all grades and steps for those employees covered under the terms and conditions of this Agreement shall be increased as follows: Effective November 23, 2019 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.1% of the basic annual salary for the grade and step in effect on September 20, 2019. Effective November 21, 2020 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.0% of the basic annual salary for the grade and step in effect on September 20, 2019. Effective November 20, 2021 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.0% of the basic annual salary for the grade and step in effect on September 20, 2019. [See Memo, page 149] 21

Section 9.2 Step Progression

A. Table One – Career Appointments Before February 15, 2013

The step progression for the Mail Handler Salary Schedule on Table One shall be as follows:

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

B. Table Two – Career Appointments On or After the Effective Date of the Award, February 15, 2013

The step progression for the Mail Handler shall be as follows:

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

A 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."
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
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.
In the event the appropriate Index is not published on or before the beginning of the effective payroll period, any adjustment re- quired will be made effective at the beginning of the second pay- roll period after publication of the appropriate Index.
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.
If during the life of this Agreement, the BLS ceases to make avail- able 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

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

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.
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.
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

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.
Care shall be exercised to assure that no employee is required to forfeit any part of such employee's annual leave.
The parties agree that the duration of the choice vacation period(s) in all postal installations shall be determined pursuant to local implementation procedures.
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.
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.
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:

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.
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.
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.
All advance commitments for granting annual leave must be honored except in serious emergency situations.

Section 10.5 Implementation of the Leave Program

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

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

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.
Holiday pay is in lieu of other paid leave to which an employee might otherwise be entitled on the employee's holiday.
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

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 de- scribed at Section 3A.
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.
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

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.
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

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.
Employees shall be selected to work on a holiday within each category in the following order:

All available and qualified part-time flexible employees, even if overtime is required.
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.
MHAs, as specified below in Subsection D.
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.
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.
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.

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.
Mail Handler Assistant Employees

[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

Article 12 Principles of Seniority Posting and Reassignments

Section 12.1 Probationary Period

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.
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.
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.
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.
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

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.
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.

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.
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

Craft Group A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level.
Seniority Standing

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.
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.

Duty Assignment A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty.
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.
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]
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.
Abolishment A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation.
Reversion A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant.
Residual Vacancy A duty assignment that remains vacant after the completion of the voluntary bidding process.

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:

When the change is at the employee's request:

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.
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.

Upon reinstatement or reemployment.
Upon transfer into the Postal Service.

Changes in Which Seniority is Retained, Regained or Restored

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.
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.
When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
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.
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.
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.
An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:

will begin a new period of seniority if the employee re- turns from a position outside the Postal Service; or
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.
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:

Total continuous postal career service in the Mail Handler craft within the installation.
Total postal career service in the Mail Handler craft within the installation.
Total postal career service in the Mail Handler craft.
Total postal career service within the installation.
Total postal career service.
Total Federal service as shown in the service computation date.
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.

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.

Key and Standard Positions Assigned to the Mail Handler Craft

Key Position
Mail Handler, MH 4, KP 8
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

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.
All Mail Handler employees of Level MH-5 may bid for the position of Examination Specialist, SP2-188.

Filling Positions Reevaluated as One of the Positions Reserved for Bidding by MH 4's, MH 5's and MH 6's.

When an occupied level 4 or 5 position is upgraded on the basis of the present duties:

The incumbent will remain in the upgraded job pro- vided the incumbent has been in that job for more than one year.
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.

When an occupied level 4 or 5 position is upgraded on the basis of duties which are added to the position:

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.
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.

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:

is to a job in a higher wage level;
is due to elimination or reposting of the employee's duty assignment; or
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:

Full-time and part-time fixed schedule employees will only bid for vacant assignments within their own category.
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.
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]
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]
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]
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.
Change in duty assignment, as specified below, will require reposting:

A 50% change in duties (actual duties performed).
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.

Vacant full-time Mail Handler assignments shall be posted for a period of ten (10) days.
The installation head shall establish a method for handling multiple bidding on duty assignments which are simultaneously posted.
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.
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.
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.

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:

The duty assignment (as defined in section 12.2D3, if applicable) by position title and number; e.g., key, standard, or individual position.
PS or MH salary level and craft.
Hours of duty (beginning, ending).
The principal assignment area; e.g., section and/or location of activity.
Qualification standards and occupational code number.
Physical requirement(s) unusual to the specific assignment (heavy lifting, etc.).
Invitation to employees to submit bids.
The fixed schedule of days of work.

Successful Bidder

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."
The successful bidder must be placed in the new assignment within 15 days except in the month of December.
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:

employees from other crafts performing work in accordance with Articles 7 or 13;
MHAs;
part-time flexible employees;
part-time regular employees;
full-time regular Mail Handler employees;
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.

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:

pay location;
by floor;
tour;
job within an area;
type of work;
by branches or stations;
the entire installation;
incoming;
outgoing.

Section 12.5 Principles of Reassignments

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.

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.
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.
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.
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.

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:

Discontinue an independent installation;
Consolidate an independent installation (i.e., discontinue the independent identity of an installation by making it part of another and continuing independent installation);
Transfer a classified station or classified branch to the juris- diction of another installation or make an independent installation;
Reassign within an installation employees excess to the needs of a section of that installation;
Reduce the number of regular work force employees of an installation other than by attrition;
Centralize mail processing and/or delivery installations; or
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

Dislocation and inconvenience to full-time and part-time flexible employees shall be kept to the minimum consistent with the needs of the service.
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.
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.
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).
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.
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.
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.
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.
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.
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.

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.
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:

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.
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.
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:

Discontinuance of an Independent Installation

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:
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.
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.
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.
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.
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.
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.

Consolidation of an Independent Installation

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.
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.
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.

Transfer of a Classified Station, Classified Branch or other Facility to the Jurisdiction of Another Installation or Made an Independent Installation

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.
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.
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.

Reassignment Within an Installation of Employees Excess to the Needs of a Section

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.
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.
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.
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:

The appropriate duty assignment(s) shall be identified and abolished.
The junior full-time employee(s) excess to the needs of the section shall be identified and reassigned.
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.
The results of the above-listed actions shall be effective at the beginning of the succeeding pay period.

Reduction in the Number of Employees in an Installation Other Than by Attrition

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:

Shall determine by craft and occupational group the number of excess employees;
Shall, to the extent possible, minimize the impact on regular work force employees by separation all MHAs;
Shall, to the extent possible, minimize the impact on full-time positions by reducing part-time flexible hours;
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.
The employee shall be returned at the first opportunity to the craft from which reassigned.
When returned, the employee retains seniority previously attained in the craft augmented by intervening employment in the other craft.
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.

Reassignments to Other Installations After Making Reassignments Within the Installation:

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.
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.
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.
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.
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.
If a veteran preference eligible is reached when assigning impacted or unassigned employees to lower level assignments, the following will apply:

The most junior non-preference eligible same level mail handler in the gain- ing installation shall be reassigned to the lower level vacancy.
The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler.
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.
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.
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.
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.

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.
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.
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.
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.
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.
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.

Centralized Mail Processing and/or Delivery Installation

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:

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,
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.
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.

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.
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.

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.

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.
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.
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.
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.
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.
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.
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

Prior to hiring Mail Handlers, installation heads will consider requests for transfers submitted by Mail Handlers from other installations.
Providing a written request for a voluntary transfer has been submitted, a written acknowledgment shall be given in a timely manner.
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]

Section 12.2 Principles of Seniority

A Introduction

A1 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.
A2 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.

B 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 ac- cord with former rules.
C 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.
D Definitions

D1 Craft Group A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level.
D2 Seniority Standing

D2a 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.
D2b 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.

D3 Duty Assignment A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty.
D4 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.
D5 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]
D6 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.
D7 Abolishment A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation.
D8 Reversion A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant.
D9 Residual Vacancy A duty assignment that remains vacant after the completion of the voluntary bidding process.

E 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.
F Changes in Which Seniority is Lost Except as specifically provided elsewhere in this Agreement an employee begins a new period of seniority:

F1 When the change is at the employee's request:

F1a 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.
F1b 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.
F2 Upon reinstatement or reemployment.
F3 Upon transfer into the Postal Service.
G Changes in Which Seniority is Retained, Regained or Restored

G1 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.
G2 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.
G3 When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
G4 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.
G5 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.
G6 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.
G7 An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:

G7a will begin a new period of seniority if the employee re- turns from a position outside the Postal Service; or
G7b 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. G7b1 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. G7b2 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. G8 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:

@@ Line 412: / Line 412: @@
 == ARTICLE 12 PRINCIPLES OF SENIORITY POSTING AND REASSIGNMENTS ==
 {{:Article 12 Principles of Seniority Posting and Reassignments}}
+=== Section 12.2 Principles of Seniority ===
+<ol style="list-style-type:upper-alpha">
+  <li>A Introduction
+  </li>
+    <ol style=" list-style-type:decimal">
+      <li>A1 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.
+      </li>
+      <li>A2 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.
+      </li>
+    </ol>
+      <li>B 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 ac- cord with former rules.
+      </li>
+      <li>C 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 <b>and provide an electronic or hard copy to the Union representative in that installation</b>. The seniority list shall be corrected and brought up to date quarterly.
+      </li>
+      <li>D Definitions
+      </li>
+        <ol style=" list-style-type:decimal">
+          <li>D1 Craft Group
+A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level.
+          </li>
+          <li>D2 Seniority Standing
+          </li>
+            <ol style=" list-style-type: lower-alpha ">
+              <li>D2a 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.
+              </li>
+              <li>D2b 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.
+              </li>
+            </ol>
+          <li>D3 Duty Assignment
+A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty.
+          </li>
+          <li>D4 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.
+           </li>
+           <li>D5 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]
+           </li>
+           <li>D6 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.
+           </li>
+           <li>D7 Abolishment
+A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation.
+           </li>
+           <li>D8 Reversion
+A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant.
+           </li>
+           <li>D9 Residual Vacancy
+A duty assignment that remains vacant after the completion of the voluntary bidding process.
+           </li>
+         </ol>
+  <li>E 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.
+  </li>
+  <li>F Changes in Which Seniority is Lost
+Except as specifically provided elsewhere in this Agreement an employee begins a new period of seniority:
+  </li>
+    <ol style=" list-style-type:decimal">
+      <li>F1 When the change is at the employee's request:
+      </li>
+        <ol style=" list-style-type: lower-alpha ">
+          <li>F1a 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.
+          </li>
+          <li>F1b 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.
+          </li>
+        </ol">
+      <li>F2 Upon reinstatement or reemployment.
+      </li>
+      <li>F3 Upon transfer into the Postal Service.
+      </li>
+    </ol">
+  <li>G Changes in Which Seniority is Retained, Regained or Restored
+  </li>
+    <ol style=" list-style-type:decimal">
+      <li>G1 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.
+      </li>
+      <li>G2 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.
+      </li>
+      <li>G3 When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
+      </li>
+      <li>G4 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.
+      </li>
+      <li>G5 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.
+      </li>
+      <li>G6 <b>For purposes of excessing outside the installation</b>, 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 <b>in the losing installation</b>.
+      </li>
+      <li>G7 An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:
+      </li>
+        <ol style=" list-style-type: lower-alpha ">
+          <li>G7a will begin a new period of seniority if the employee re- turns from a position outside the Postal Service; or
+          </li>
+          <li>G7b 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:
+              <ol style=" list-style-type: decimal ">
+                <li>G7b1 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.
+                </li>
+                <li>G7b2 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.
+                </li>
+              </ol">
+          <li>G8 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:
+          </li>
+        <ol style=" list-style-type: lower-alpha ">
+          <li>G8a Total continuous postal career service in the Mail Handler craft within the installation.
+          </li>
+          <li>G8b Total postal career service in the Mail Handler craft within the installation.
+          </li>
+          <li>G8c Total postal career service in the Mail Handler craft.
+          </li>
+          <li>G8d Total postal career service within the installation.
+          </li>
+          <li>G8e Total postal career service.
+          </li>
+          <li>G8f Total Federal service as shown in the service computation date.
+          </li>
+          <li>G8g 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.
+          </li>
+        </ol"> <!--- level 3 “A#a” close -- >
+          <li>G9 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.
+          </li>
+    </ol">
+  <li>H 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.
+  </li>
+    <ol style=" list-style-type:decimal">
+      <li>H1 Key and Standard Positions Assigned to the Mail Handler Craft
+      </li>
+        <ol style=" list-style-type: lower-alpha">
+          <li>H1a Key Position
+: Mail Handler, MH 4, KP 8
+          </li>
+          <li>H1b 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
+          </li>
+        </ol>
+      <li>H2 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.
+      </li>
+      <li>H3 All Mail Handler employees of Level MH-5 may bid for the position of Examination Specialist, SP2-188.
+      </li>
+[See Letter, page 162]
+    </ol> <!--- level 2 “A#” close -- >
+  <li>I Filling Positions Reevaluated as One of the Positions Reserved for Bidding by MH 4's, MH 5's and MH 6's.
+  </li>
+    <ol style=" list-style-type:decimal">
+      <li>I1 When an occupied level 4 or 5 position is upgraded on the basis of the present duties:
+      </li>
+        <ol style=" list-style-type: lower-alpha">
+          <li>I1a The incumbent will remain in the upgraded job pro- vided the incumbent has been in that job for more than one year.
+          </li>
+          <li>I1b 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.
+          </li>
+        </ol>
+      <li>I2 When an occupied level 4 or 5 position is upgraded on the basis of duties which are added to the position:
+      </li>
+        <ol style=" list-style-type: lower-alpha"> <!--- level 3 “A#a” -- >
+          <li>I2a 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.
+          </li>
+          <li>I2b 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.
+          </li>
+        </ol>
+      <li>I3 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.
+      </li>
+    </ol>
+</ol>

NPMHU 2019 National Agreement: Difference between revisions

Revision as of 21:37, 31 December 2021

ARTICLE 1 UNION RECOGNITION

ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS

ARTICLE 3 MANAGEMENT RIGHTS

ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES

ARTICLE 5 PROHIBITION OF UNILATERAL ACTION

ARTICLE 6 LAYOFF AND REDUCTION IN FORCE

Article 6 Layoff and Reduction in Force

Section 6.1 General Principles

MEMORANDUM OF UNDERSTANDING ARTICLE 6 - LAYOFF PROTECTION

Section 6.2 Coverage

Section 6.3 Preconditions for Implementation of Layoff and Reduction in Force

ARTICLE 8 HOURS OF WORK

Section 8.2 Work Schedules

Section 8.3 Exceptions

Section 8.4 Overtime Work

Section 8.5 Overtime Assignments

Section 8.6 Sunday Premium Payment

Section 8.7 Night Shift Differential

Section 8.8 Guarantees

Section 8.9 Wash Up Time

ARTICLE 9 SALARIES AND WAGES

Section 9.1 Basic Annual Salary

Section 9.2 Step Progression

Section 9.3 Cost of Living Adjustment

Section 9.4 Application of Salary Rates

Section 9.5 Granting Step Increases

Section 9.6 Protected Salary Rates

Section 9.7 Mail Handler Assistant Employees

ARTICLE 10 LEAVE

Section 10.1 Funding

Section 10.2 Leave Regulations

Section 10.3 Choice of Vacation Period

Section 10.4 Vacation Planning

Section 10.5 Implementation of the Leave Program

Section 10.6 Sick Leave

MEMORANDUM OF UNDERSTANDING SICK LEAVE FOR DEPENDENT CARE

MEMORANDUM OF UNDERSTANDING TASK FORCE ON SICK LEAVE

ARTICLE 11 HOLIDAYS

Section 11.1 Holidays Observed

Section 11.2 Eligibility

Section 11.4 Holiday Work

Section 11.5 Holiday on Non-Work Day

Section 11.6 Holiday Schedule

Section 11.7 Holiday Part-Time Employee

ARTICLE 12 PRINCIPLES OF SENIORITY POSTING AND REASSIGNMENTS

Article 12 Principles of Seniority Posting and Reassignments

Section 12.1 Probationary Period

Section 12.2 Principles of Seniority

Section 12.3 Principles of Posting

Section 12.4 Definition of a Section

Section 12.5 Principles of Reassignments

Section 12.6 Reassignments

Section 12.7 Transfer Request

Section 12.2 Principles of Seniority

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