Contract Interpretation Manual

Section 35.2

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

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

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

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

Source: ELM Chapter 9, Section 942.221

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

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

Source: ELM Chapter 9, Section 941.35

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

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

Source: ELM Chapter 9, Section 942.32

Question: Is there confidentiality associated with EAP?

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

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

Source: ELM Chapter 9, Section 944.4.

944 Disclosure

944.41 General

944.411 Usual Recipients

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

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

944.412 Limitation of Disclosure

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

944.42 Criminal Activity

944.421 EAP Records

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

944.422 Limitation of Confidentiality

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

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

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

Section 36.1A, B

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

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

Source: Employee and Labor Relations Manual Section 613.2.

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

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

Sections 36.2A, B

CIM Section 36.2B

Section 36.2C

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

Section 37.1

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

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

Section 37.2

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

Sections 37.3, .4, .5

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

Section 37.6

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

Section 37.7

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

Section 38.1

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

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

Section 38.2C

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

Section 38.2F

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

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

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

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

Section 39.1

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

Section 39.2

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

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