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Replaced content with " ==== PREAMBLE ==== 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"). ==== ARTICLE 1 UNION RECOGNITION ==== === Section 1.1 Recognition === The Employer recogn..."
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(Replaced content with " ==== PREAMBLE ==== 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"). ==== ARTICLE 1 UNION RECOGNITION ==== === Section 1.1 Recognition === The Employer recogn...")
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                                                                  ==== PREAMBLE ====
AGREEMENT
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
between
National Postal Mail Handlers Union,
A Division of the Laborers’ International Union
of North America, AFL-CIO
and
United States Postal Service
September 21, 2019 – September 20, 2022
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i
TABLE OF CONTENTS
Preamble ………………………………………………………. 1
Article 1 Union Recognition ………………………………… 1
Article 2 Non-discrimination and Civil Rights ........................ 3
Article 3 Management Rights …………………….................. 4
Article 4 Technological and Mechanization Changes ............. 5
Article 5 Prohibition of Unilateral Action …….…………….. 6
Article 6 Layoff and Reduction in Force ………...………….. 7
Article 7 Employee Classifications ………………....……….. 13
Article 8 Hours of Work …………………………………….. 16
Article 9 Salaries and Wages ………………………………... 21
Article 10 Leave ………………………………………………. 31
Article 11 Holidays …………………………………………… 35
Article 12 Principles of Seniority Posting and
Reassignments ………………………………... 39
Article 13 Assignment of Ill or Injured Regular Work
Force Employees ……………………………... 66
Article 14 Safety and Health ………………………………….. 72
Article 15 Grievance-Arbitration Procedure ………………….. 78
Article 16 Discipline Procedure ………………………………. 93
Article 17 Representation ……………………………………... 97
Article 18 No Strike …………………………………………... 103
Article 19 Handbooks and Manuals …………………………... 103
Article 20 Parking …………………………………………..… 104
Article 21 Benefit Plans ……………………………................. 106
Article 22 Bulletin Boards …………………………................. 107
Article 23 Rights of Union Officials to Enter Postal
Installations …………………………………... 108
Article 24 Employees on Leave with Regard to Union
Business ……………………………………… 108
Article 25 Higher Level Assignments ………………………… 109
Article 26 Uniform and Work Clothes ………………………... 111
Article 27 Employee Claims ………………………………….. 112
Article 28 Employer Claims ………………………………….. 112
Article 29 Limitation on Revocation of OF-346 ……………… 113
Article 30 Local Implementation ……………………………… 114
Article 31 Union-Management Cooperation ………………….. 118
Article 32 Subcontracting …………………………………….. 119
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ii
Article 33 Promotions ………………………………………… 120
Article 34 Work and/or Time Standards ……………………… 121
Article 35 Alcohol and Drug Recovery Programs ……………. 123
Article 36 Credit Unions and Travel ………………………….. 124
Article 37 Special Provisions ……………………………….… 124
Article 38 Labor-Management Committee …………………… 126
Article 39 Separability and Duration …………………………. 128
MEMORANDA OF UNDERSTANDING AND
LETTERS OF INTENT
Supervisors Performing Bargaining Unit Work …………………... 129
Reasonable Accommodation for the Deaf and
Hard of Hearing ….…………………………………….…..... 129
Workplace Free of Harassment …………………………………..
Article 6 Layoff Protection ….……………….…………………...
131
132
USPS Installations ……………………………………………….... 132
Mail Handler Assistants in Excess of Percentage Caps ..………. 133
Transition Period .………………………………………………….. 133
Mail Handler Assistant Employees .……………………………….. 134
Attachment A, MHA Annual Leave Provisions .………………….. 142
Mail Handler Assistants Separations and Reappointments ..……… 144
One-Time MHA Conversion ……………………………………… 145
Cross Craft ...………………………………………………………. 145
Part-Time Regulars ...……………………………………………… 146
Conversion of Mail Handler Craft Employees ...………………….. 146
Improper By-Pass Overtime ………………………………………. 147
Overtime/Acting Supervisor (204b) Detailed EAS Position …….
Night Shift Differential …………………………………………..
Pay Schedule Adjustment ………………………………………..
148
149
149
Promotion Pay Anomaly …………………………………………... 150
Flexible Spending Accounts ...…………………………………….. 150
Annual Leave Carry-Over ………………………………………… 151
Annual Leave Exchange Program ………………………………… 151
Leave Sharing ……………………………………………………... 152
Bereavement Leave ...……………………………………………… 153
Administrative Leave for Bone Marrow, Stem Cell, Blood
Platelet and Organ Donations ………………………….….....
Clarification of Regulations National Day of Observance ……...
154
155
LWOP in Lieu of SL/AL ..………………………………………… 157
Sick Leave for Dependent Care …………………………………… 157
Task Force on Sick Leave ..……………………………………….. 158
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iii
Part-Time Flexible Court Leave …………………………………... 158
Wounded Warrior Leave ..………………………………………… 159
Holiday Scheduling ……………………………………………….. 159
Employee Bidding ………………………………………………… 161
Article 12.1 – Probationary Period – Bidding ..…………………… 162
Sack Sorter Machine Operator ...………………………………….. 162
Reversion Notice ...………………………………………………... 163
Joint Task Force on Article 12 ...………………………………...... 164
Article 12 Task Force Issues .……………………………………..
Section 12.3 Principles of Posting ………………………………
164
165
Excessing Issues .…………………………………………………. 165
“Same or Lower” Level .………………………………………….. 167
Transfer Opportunities to Minimize Excessing Pursuant to the
MOU on Transfers ..……………………..…………….…..... 168
Workforce Repositioning .………………………………………… 170
Transfers ...………………………………………………………… 170
Filling of Residual Vacancies ..………………………………….... 173
Demotion of EAS/Management Employees or Reinstatement of
Former Employees ..………………………………….…....... 175
Relative Standing of Mail Handler Assistants and Subsequent
Seniority Upon Conversion to Career Mail Handler ………… 175
Potential for Mail Handler Assistant PTF Opportunities ..…… 177
PTFs in 200 Man Year Facilities Subject to Excessing ..…………. 178
Light Duty Bidding ...……………………………………………… 178
Return to Duty …………………………………………….............. 179
Letter on Article 15 Issues .………………………………………... 180
Article 15 (MAP) .…………………………………………………. 181
Article 15.2 Step 3 .………………………………………………... 181
Step 4 Procedures .…………………………………………………. 182
Pre-Arbitration Discussions .………………………………………. 182
MOU Pilot Program ……………………………………………….. 183
National Administrative Committee ………………………………. 183
Intervention Initiative ……………………………………………... 184
Processing of Post-Separation and Post-Removal Grievances ……. 185
Re: Article 15 Back Pay Awards ………………………………….. 185
Interest on Back Pay ………………………………………............. 186
Re: Language Changes Due to Organizational Structure
Changes ……….....…………………………………….…..... 186
District Arbitration Panels ..……………………………………….. 187
Expectations of Arbitrators ………………………………………... 190
Expedited Arbitration ……………………………………………... 191
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iv
Re: Purge of Warning Letters ……………………………………... 192
Task Force on Discipline ………………………………………….. 193
Modified Discipline Programs …………………………………….. 193
Re: Role of the Inspection Service in Labor Relations
Matters …………...…………………………………….…..... 194
Step Increase, Unsatisfactory Performance ..……………………… 194
Article 16 Privacy in the Disciplinary Process …….....………….. 195
Article 17.6D Payroll Allotments ……………………….……....... 195
Article 25 Higher Level Pay For Temporary Details ..…………... 195
Article 26 Gender-Specific Garments ...…………………………. 196
Committee on Benefits ..…………………………………………... 196
On-The-Job Instructors Compensation ...………………………….. 197
Article 30 Local Implementation Procedures ..…………………... 198
Article 31 Electronic Communication / Accounting Period
Report …………....…………………………………….…..... 199
Article 31 Information/Reports …………………………………... 200
Article 32 .………………………………………………………….
Article 35, Task Force on Participation on Employee Assistance
Program Committees ..……………………………………...
201
202
Education and Training Fund ...………………………………….... 203
Operations 110-129 and 180-189 Clarifying Instructions ..……….. 204
Mail Transportation Equipment Centers / Repair Centers ...……..... 205
References to Union, Craft or Bargaining Unit ..………………….. 205
Transport of Mail Via Elevator ...………………………………….. 206
Regional Instruction 399 ...…………………………………………
Mail Processing Work Assignment Guidelines …………………….
Post Office - Primary Craft Designations ………………………….
206
210
210
Index ...…………………………………………………………….. 230
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v
Notes:
1. Bold Face Type in the text indicates revised or new language.
Bold Face Type in headings does not necessarily indicate change.
2. Cross-references to relevant Memorandums of Understanding and Letters of Intent are included in the text of the Agreement.
The location of the cross-references is for the convenience of the
reader, and in no way affects the content or intent of the Agree�ment, the Memorandums of Understanding, or the Letters of In�tent.
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66389_MH_Agreement_TXT.indd 8 6/26/20 2:07 PM
Article 1.2
1
== PREAMBLE ==
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").
== ARTICLE 1 ==
UNION RECOGNITION
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’ Interna�tional 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-con- fidential 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.
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Article 1.3
2
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, Okla�homa Postal Training Operations, Postal Academies, Postal Academy
Training Institute, Stamped Envelope Agency, Supply Centers, Mail Equip�ment 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" assign�ments;
A4 effective utilization of manpower, including the Postal Ser�vice's need to assign employees across craft lines on a tem- porary 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
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Article 2.1
3
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, ex�cept:
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, supervi�sors 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 em- ployees.)
[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]
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Article 2.2
4
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 em�ployees.)
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 offi�cial duties;
3.2 To hire, promote, transfer, assign, and retain employees in posi�tions 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;
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Article 4.2
5
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 mis- sion 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 em- ployees.)
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 prac- ticable, but no less than 30 days in advance, of implementation of techno�logical or mechanization changes which affect jobs including new or
changed jobs in the area of wages, hours or working conditions. When ma�jor new mechanization or equipment is to be purchased and installed, the
Union at the national level will be informed as far in advance as practicable,
but no less than 90 days in advance.
Section 4.2 Committee
There shall be established at the national level a Joint Technological and Mechanization Changes Committee composed of an equal number of rep�resentatives of management and the union. The Committee shall meet sem�iannually, or as necessary, from the conceptual stage onward, to discuss any
issues concerning proposed technological and mechanization changes which may affect jobs, including new or changed jobs, which affect the
wages, hours, or working conditions of the bargaining unit. For example,
the Postal Service will keep the Union advised concerning any research and
development programs (e.g., study on robotics) which may have an effect
on the bargaining unit.
In addition, the Committee shall be informed of any new jobs created by
technological or mechanization changes. Where present employees are ca- pable of being trained to perform the new or changed jobs, the Committee
will discuss the training opportunities and programs which will be available.
These discussions may include the availability of training opportunities for self-development beyond the new or changed jobs.
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Article 4.3
6
Section 4.3 Resolution of Differences
Upon receiving notice of the changes, an attempt shall be made at the na�tional level to resolve any questions as to the impact of the proposed change
upon affected employees and if such questions are not resolved within a
reasonable time after such change or changes are operational, the unre�solved questions may be submitted by the Union to arbitration under the
grievance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling.
Section 4.4 New Jobs
Any new job or jobs created by technological or mechanization changes
shall be offered to present employees capable of being trained to perform
the new or changed job and the Employer will provide such training. Dur�ing training, the employee will maintain his/her rate. It is understood that
the training herein referred to is on the job and not to exceed sixty (60) days.
Certain specialized technical jobs may require additional and/or off-site
training.
An employee whose job is eliminated, if any, and who cannot be placed in
a job of equal grade shall receive saved grade until such time as that em�ployee fails to bid or apply for a position in the employee's former wage
level.
The obligation hereinabove set forth shall not be construed to, in any way,
abridge the right of the Employer to make such changes.
Section 4.5 Local Notice
The installation head or his/her designee shall notify, and upon request meet
with, the appropriate local union official, as far in advance as reasonably practicable, concerning the local deployment of any new automated or mechanized equipment, whether locally purchased or nationally deployed,
that will have a significant impact on mail handler duty assignments within
the installation.
ARTICLE 5
PROHIBITION OF UNILATERAL ACTION
The Employer will not take any actions affecting wages, hours and other
terms and conditions of employment as defined in Section 8(d) of the Na�tional Labor Relations Act which violate the terms of this Agreement or are otherwise inconsistent with its obligations under law.
(The preceding Article, Article 5, shall apply to Mail Handler Assistant
employees.)
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Article 6.1
7
ARTICLE 6
LAYOFF AND REDUCTION IN FORCE
Section 6.1 General Principles
A 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.
A1 It is the intent of this provision to provide security to each
such employee during his or her work lifetime.
A2 Members of the regular work force, as defined in Article 7
of the Agreement, include full-time regulars, part-time em- ployees assigned to regular schedules and part-time employ- ees assigned to flexible schedules.
B 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 comple�tion of six years of continuous service and having worked in at
least 20 pay periods during each of the six years.
C 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 employ�ees 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 effec�tive 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]
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Article 6.2
8
Section 6.2 Coverage
A 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 or�ganization 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.
B 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 Sep�tember 16, 1978, are subject to layoff or force reduction and are
referred to as "non-protected employees."
C Non-Protected Employees Achieving Protected Status
C1 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 em- ployee must work at least one hour or receive a call-in guar- antee in lieu of work in at least 20 of the 26 pay periods dur�ing 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:
C1a 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.
C1b Time spent on paid annual leave or sick leave, as pro�vided for in Article 10 of the Agreement.
C1c Leave without pay for performing Union business as
provided for in Article 24 of the Agreement.
C1d 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
66389_MH_Agreement_TXT.indd 16 6/26/20 2:07 PM
Article 6.3
9
any given anniversary year means the employee must begin a new six year continuous service period to achieve pro�tected status.
C2 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.
C3 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 be�gins a new service period for purposes of attaining six years
continuous service.
C4 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 previ�ously completed full anniversary years, for purposes of at- taining the six years continuous service.
Section 6.3 Preconditions for Implementation of Layoff and Reduc�tion in Force
A 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 busi�ness reasons require the excessing and possible separation of em�ployees.
B 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.
C The maximum number of excess employees within an installation
shall be determined by seniority unit within each category of em�ployees (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.
D 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 pos- sible, minimize the amount of overtime work, minimize the
hours of Mail Handler Assistants, and minimize part-time flex�ible 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
66389_MH_Agreement_TXT.indd 17 6/26/20 2:07 PM
Article 6.4
10
terminate their employment with the Employer. Employees who elect to terminate their employment will receive a lump sum sev- erance payment in the amount provided by Part 435 of the Employ- ee and Labor Relations Manual, will receive benefi t 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.
E 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 reas�signment, then such employee becomes exposed to layoff. A pref- erence 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 appli- cable seniority provisions of the new craft.
Section 6.4 Layoff and Reduction in Force
A Definition
The term "layoff" as used herein refers to the separation of non�protected, non-preference eligible employees in the regular work force because of lack of work or other legitimate, nondisciplinary reasons. The term "reduction in force" as used herein refers to the
separation or reduction in the grade of a non-protected veterans
preference eligible in the regular work force because of lack of
work or other legitimate non-disciplinary reasons.
B Order of Layoff
If an excess of employees exists at an installation after satisfaction
of the preconditions set forth in Section 6.3 above, the Employer may lay off employees within their respective seniority units in inverse order of seniority as defined in the Agreement.
C Seniority Units for Purposes of Layoff
Seniority units within the categories of full-time regular, part- time regular, and part-time flexible, will consist of all non�66389_MH_Agreement_TXT_X.indd 18 7/6/20 5:18 PM
Article 6.6
11
protected persons at a given level within an established craft at an
installation unless the parties agree otherwise. It is the intent to
provide the broadest possible unit consistent with the equities of
senior non-protected employees and with the efficient operation of the installation.
D Union Representation
Chief stewards and union stewards whose responsibilities bear a
direct relationship to the effective and efficient representation of
bargaining unit employees shall be placed at the top of the senior�ity unit roster in the order of their relative craft seniority for the
purposes of layoff, reduction in force, and recall.
E Reduction in Force
If an excess of employees exists at an installation after satisfaction
of the preconditions set forth in Section 6.3 above and after the
layoff procedure has been applied, the Employer may implement
a reduction in force as defined above. Such reduction will be con�ducted in accordance with statutory and regulatory requirements that prevail at the time the force reduction is effected. Should ap�plicable law and regulations require that other non-protected, non-preference eligible employees from other seniority units be laid off prior to reduction in force, such employees will be laid
off in inverse order of their craft seniority in the seniority unit.
In determining competitive levels and competitive areas applica�ble in a force reduction, the Employer will submit its proposal to
the Union at least 30 days prior to the reduction. The Union will
be afforded a full opportunity to make suggested revisions in the
proposal. However, the Employer, having the primary responsi�bility for compliance with the statute and regulations, reserves the
right to make the final decision with respect to competitive levels and competitive areas. In making its decision with respect to
competitive levels and competitive areas the Employer shall give
no greater retention security to preference eligibles than to non- preference eligibles except as may be required by law.
Section 6.5 Recall Rights
A Employees who are laid off or reduced in force shall be placed on
recall lists within their seniority units and shall be entitled to re�main on such lists for two years. Such employees shall keep the
Employer informed of their current address. Employees on the
lists shall be notified in order of craft seniority within the seniority
unit of all vacant assignments in the same category and level from
which they were laid off or reduced in force. Preference eligibles will be accorded no recall rights greater than non-preference eli- gibles except as required by law. Notice of vacant assignments
shall be given by certified mail, return receipt requested, and a
copy of such notice shall be furnished to the local union president.
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Article 6.6
12
An employee so notified must acknowledge receipt of the notice
and advise the Employer of his or her intentions within 5 days
after receipt of the notice. If the employee accepts the position
offered he or she must report for work within 2 weeks after receipt
of notice. If the employee fails to reply to the notice within 5 days
after the notice is received or delivery cannot be accomplished,
the Employer shall offer the vacancy to the next employee on the
list.
If an employee declines the offer of a vacant assignment in his or
her seniority unit or does not have a satisfactory reason for failure
to reply to a notice, the employee shall be removed from the recall
list.
B An employee reassigned from a losing installation pursuant to
Section 6.3E above and who has retreat rights shall be entitled
under this Article to exercise those retreat rights before a vacancy
is offered to an employee on the recall list who is junior to the
reassigned employee in craft seniority.
Section 6.6 Protective Benefits
A Severance Pay
Employees who are separated because of a layoff or reduction in
force shall be entitled to severance pay in accordance with Part
435 of the Employee and Labor Relations Manual.
B Health and Life Insurance Coverage
Employees who are separated because of a layoff or a reduction in force shall be entitled to the health insurance and life insurance
coverage and to the conversion rights provided for in the Em�ployee and Labor Relations Manual.
Section 6.7 Union Representation Rights
A The interpretation and application of the provisions of this Article shall be grievable under Article 15. Any such grievance may be
introduced at the Regional/Area (i.e., Step 3) level and shall be
subject to priority arbitration.
B The Employer shall provide to the Union a quarterly report on all
reassignments, layoff and reductions in force made under this Ar�ticle.
C Preference eligibles are not deprived of whatever rights of appeal
such employees may have under applicable laws and regulations. However, if an employee exercises these appeal rights, the em�ployee thereby waives access to any procedure under this agree�ment beyond Step 3 of the grievance-arbitration procedure.
66389_MH_Agreement_TXT.indd 20 6/26/20 2:07 PM
Article 7.1
13
Section 6.8 Intent
The Employer shall not layoff, reduce in force, or take any other action against a non-protected employee solely to prevent the attainment by that employee of protected status.
ARTICLE 7
EMPLOYEE CLASSIFICATIONS
Section 7.1 Definition and Use
A Regular Work Force
The regular work force shall be comprised of two categories of
employees which are as follows:
A1 Full-Time
Employees in this category shall be hired pursuant to such
procedures as the Employer may establish and shall be as�signed to regular schedules consisting of five (5) eight (8)
hour days in a service week.
A2 Part-Time
Employees in this category shall be hired pursuant to such
procedures as the Employer may establish and shall be as�signed to regular schedules of less than forty (40) hours in a service week, or shall be available to work flexible hours as
assigned by the Employer during the course of a service
week.
B Mail Handler Assistant Employees (MHAs)
1. The Mail Handler Assistant (MHA) employee work force shall be comprised of noncareer bargaining unit employees.
2. During the course of a service week, in postal installa- tions with less than 200 man years of employment, the Employer
will make every effort to ensure that qualified and available part- time flexible employees, if there are any in the installation, are
utilized at the straight-time rate prior to assigning such work to MHAs, provided that the reporting guarantee for MHAs is met.
This sentence also shall apply to larger installations during the
66389_MH_Agreement_TXT.indd 21 6/26/20 2:07 PM
Article 7.2
14
limited period in which they continue to employ part-time flexible
employees.
3. The total number of MHAs within an installation will
not exceed 24.5% of the total number of career mail handlers in
the installation, except during the two (2) accounting periods
per fiscal year identified as set forth below. The Employer
shall notify the Union, at the national level and at the appro�priate installation, of which two (2) accounting periods in each
fiscal year during which it may exceed the 24.5% limitation
in that installation; such notice will be provided at least six (6)
months in advance of the beginning date of the affected ac�counting period(s). The Employer will provide the Union at the National level with an accounting period report listing the number
of MHAs at each installation and in each district. This report will
be provided within fourteen (14) days of the close of the account�ing period. In the event that the Employer exceeds the 24.5%
limitation by installation, a remedy, if any, will be determined by
the individual facts and on a case-by-case basis.
4. Any non-NPMHU bargaining unit employee on light or limited duty in the mail handler craft or on a rehabilitation assign- ment in the mail handler craft who does not hold a bid assignment
will not be counted as a career employee for the purpose of deter�mining the number of MHAs who may be employed in the mail
handler craft.
5. MHAs shall be hired from an appropriate register pursu- ant to such procedures as the
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