Contract Interpretation Manual

Section 8.5A

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

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

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

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

Answer: Yes. Newly converted full-time employees and employees converted, transferred, or reassigned into an installation or into the Mail Handler craft within the installation, or a mail handler that bids or isreassigned during the calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour, may place their names on the “Overtime Desired” list within two weeks (14 calendar days) following the date upon which they are converted, transferred, or reassigned to full time. It does not matter whether the mail handler was on the OTDL for the losing facility, section, or tour. Placement on the list shall be effective on the next calendar day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 8.5B

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

By section within a tour; or

By tour; or

By section within a tour, and tour.

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

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

Section 8.5C

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

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

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

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

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

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

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

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

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

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

Question: Is the OTDL used for holiday scheduling?

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

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

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

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

Memorandum of Understanding provides otherwise.

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

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

Section 8.5D

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

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

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

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

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

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

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

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

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

Section 8.5E

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

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

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

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

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

Section 8.5F

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

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

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

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

Section 31.1

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

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

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

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

Section 31.2

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

Section 31.3

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

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

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

Examples of types of information covered by this provision include:

Employee attendance records;

Employee payroll records;

Documents in an employee’s official personnel file;

Internal USPS instructions and memoranda;

Employee disciplinary records;

Handbooks and manuals;

Reports and studies;

Seniority lists;

Overtime Desired List and Volunteer List records;

Bid records and

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

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

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

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

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

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

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

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

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

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

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

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

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

4-6.2Aggregate Requests

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

4-6.5 How to Assess Fees

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

Question: How are payments for requested information handled?

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

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

Section 31.4

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

The following Memorandum of Understanding is referenced in Section 31.2.

MOU Article 31

In keeping with the parties’ interest in protecting the confidentiality of employees’ SSNs, and in reducing the possibility of identity theft, they agreed that dissemination of SSNs would be limited to the National Office of the Union. Reports provided to the Local Unions that previously contained SSNs will now provide Employee Identification Numbers in their place.

MOU Education and Training Fund

This Memorandum of Understanding established the jointly-administered Education and Training Fund, which provides money for each Fiscal Year covered by the 2019 National Agreement to provide continuing education and training with regard to the contract, labor-management relations and other matters identified by the national committee administering the program.

Section 32.1A

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

Section 32.1B

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

Section 32.2

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

Section 32.3

See also Article 38.

Section 33.1

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

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

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

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

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

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

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

Section 33.2

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

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

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

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

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

Section 33.3

Question: Are examinations given on or off the clock?

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

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

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

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

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

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

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

Sections 34.1, .2

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

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

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

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

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

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

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

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

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

Section 34.3

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

Section 34.4

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

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

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

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

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

Section 34.5

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

Section 35.1

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

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

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

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

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

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

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

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

Source: ELM Chapter 9, Section 941.31

Section 35.2

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

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

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

Source: ELM Section 438.121

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

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

Source: ELM Section 438.11b

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

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

Source: ELM Section 438.122

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

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

Source: ELM Section 438.132a.

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

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

Source: ELM Section 438.123.

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

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

Source: ELM Section 438.15a.

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

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

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

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

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

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.