NPMHU 2019 National Agreement

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

Section 1.1 Recognition

The Employer recognizes the Union designated below as the exclusive bar- gaining representative of all employees in the bargaining unit for which the Union has been recognized and certified at the national level: National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO.

Section 1.2 Exclusions

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

A Managerial and supervisory personnel;

B Professional employees;

C Employees engaged in personnel work in other than a purely non-confidential clerical capacity;

D Security guards as defined in Public Law 91-375, 1201(2);

E All Postal Inspection Service employees;

F Employees in the supplemental work force, ‘’’as previously defined in Article 7 of the 2016 National Agreement’’’;

G Rural Letter Carriers;

H City Letter Carriers;

I Maintenance Employees;

J Special Delivery Messengers;

K Motor Vehicle Employees;

L Postal Clerks;

M Mail Equipment Shop employees; or

N Mail Transport Equipment Centers and Supply Center employees.

Section 1.3 Facility Exclusions

This Agreement does not apply to employees who work in other employer facilities which are not engaged in customer services and mail processing, previously understood and expressed by the parties to mean mail processing and delivery, including but not limited to Headquarters, Area Offices, Postal Data Centers, Postal Service Training and Development Institute, Oklahoma Postal Training Operations, Postal Academies, Postal Academy Training Institute, Stamped Envelope Agency, Supply Centers, Mail Equipment Shops, or Mail Transport Equipment Centers and Repair Centers.

Section 1.4 Definition

Subject to the foregoing sections, this Agreement shall be applicable to all employees in the regular work force of the U.S. Postal Service, as defined in Article 7, at all present and subsequently acquired installations, facilities, and operations of the Employer, wherever located.

Section 1.5 New Positions

A Each newly created position shall be assigned by the Employer to the national craft unit most appropriate for such position within thirty (30) days after its creation. Before such assignment of each new position the Employer shall consult with the Union for the purpose of assigning the new position to the national craft unit most appropriate for such position. The following criteria shall be used in making this determination:

A1 existing work assignment practices;

A2 manpower costs;

A3 avoidance of duplication of effort and "make work" assignments;

A4 effective utilization of manpower, including the Postal Ser- vice's need to assign employees across craft lines on a temporary basis;

A5 the integral nature of all duties which comprise a normal duty assignment;

A6 the contractual and legal obligations and requirements of the parties.

B The Union shall be notified promptly by the Employer regarding assignments made under this provision. Should the Union dispute the assignment of the new position within thirty (30) days from the date the Union has received notification of the assignment of

C the position, the dispute shall be subject to the provisions of the grievance and arbitration procedure provided for herein.

Section 1.6 Performance of Bargaining Unit Work

A Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employees, except:

A1 in an "emergency" which is defined to mean an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature;

A2 for the purpose of training or instruction of employees;

A3 to assure the proper operation of equipment;

A4 to protect the safety of employees; or

A5 to protect the property of the USPS.

B In offices with less than 100 bargaining unit employees, supervisors are prohibited from performing bargaining unit work except as enumerated in Section 1.6A1 through 1.6A5 above or when the duties are included in the supervisor's position description.

(The preceding Article, Article 1, shall apply to Mail Handler Assistant employees.) [See Memo, page 129]

ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS

Section 2.1 Statement of Principles

The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful dis- crimination against employees, as prohibited by the Rehabilitation Act of 1973 or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. [See Memos, pages 129-132]

Section 2.2 Committee

Non-Discrimination and Civil Rights are proper subjects for discussion at Labor-Management Committee meetings at the national, regional/area and local levels provided in Article 38.

Section 2.3 Grievances

Grievances arising under this Article may be filed at Step 2 of the grievance procedure within fourteen (14) days of when the employee or the Union has first learned or may reasonably have been expected to have learned of the alleged discrimination, unless filed directly at the national level, in which case the provisions of this Agreement for initiating grievances at that level shall apply.

Section 2.4 Dual Filing

The Union, at the national and local levels, will take affirmative steps to ensure that bargaining-unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes. The Union, at the national and local levels, will not encourage dual filing of grievances. (The preceding Article, Article 2, shall apply to Mail Handler Assistant employees.)

ARTICLE 3 MANAGEMENT RIGHTS

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

3.1 To direct employees of the Employer in the performance of official duties;

3.2 To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees;

3.3 To maintain the efficiency of the operations entrusted to it;

3.4 To determine the methods, means, and personnel by which such operations are to be conducted;

3.5 To prescribe a uniform dress to be worn by designated employees; and

3.6 To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.

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

ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES

Both parties recognize the need for improvement of mail service.

Section 4.1 Advance Notice

The Union at the national level will be informed as far in advance as practicable, but no less than 30 days in advance, of implementation of technological or mechanization changes which affect jobs including new or changed jobs in the area of wages, hours or working conditions. When major new mechanization or equipment is to be purchased and installed, the Union at the national level will be informed as far in advance as practicable, but no less than 90 days in advance.