MEMORANDA OF UNDERSTANDING AND LETTERS OF INTENT NA2022

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MEMORANDA OF UNDERSTANDING AND LETTERS OF INTENT

MOU Supervisors Performing Bargaining Unit Work

It is agreed between the U.S. Postal Service and the National Postal Mail Handlers Union, a Division of LIUNA, AFL-CIO, that where additional work hours would have been assigned to employees but for a violation of Article 1, Section 1.6.A of the 2022 National Agreement and where such work hours are not de minimis, the employee(s) whom management would have assigned the work shall be paid for the time involved at the applicable rate.

MOU Reasonable Accommodation for The Deaf and Hard Of Hearing

MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonably accommodate deaf and hard of hearing employees with a disability under the Rehabilitation Act (the “Act”) and applicants who request assistance in communicating with or understanding others in work related situations, such as but not limited to:

  1. During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, corrective actions or presentation of a grievance pursuant to Article 17 and other provisions of the Collective Bargaining Agreement.
  2. During formal classroom instruction and some aspects of informal training.
  3. During portions of EAP programs and EEO counselings.
  4. In critical elements of the selection process such as during testing and interviews.
  5. During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
  6. During the filing or meetings concerning an employee's OWCP claim.
  7. During service talks longer than five (5) minutes and meetings to discuss work procedures, policies and assignments.
  8. During meetings to discuss excessing or consolidation and A reasonable accommodation must be approached on a highly individual, case-by-case basis. The individual’s input must be considered prior to making a decision regarding accommodation.

IMPLEMENTATION
This obligation is met by selecting an appropriate resource from the variety of resources available. In selecting a resource, the following, among others, should be considered, as appropriate:

  • Management Instruction (MI) regarding Providing Communications Accommodations to Employees and Applicants who are Deaf or Hard of Hearing.
  • The ability of the deaf and hard of hearing employee to understand various methods of communication and the ability of others to understand the deaf and hard of hearing employee.
  • The importance of the situation as it relates to work requirements, job rights, and benefits.
  • The availability and cost of the alternative resources under consideration.
  • Whether the situation requires confidentiality.

Available resources which should be considered include, but are not limited to the following:

  1. Installation heads are authorized to pay for certified interpreters. Every effort will be made to provide certified interpreters when deemed necessary by an application of the principles set forth herein. Costs for sign language interpreting services are covered by a centralized budget at Headquarters.
  2. In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
  3. Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community. A skilled interpreter is anyone who can provide effective interpretation in the sign language used by the signing employee.
  4. In some situations, such as day-to-day instructions and routine communications, written communications may be appropriate based on the employee’s ability to comprehend written communications.
  5. All Postal Service employees who supervise employees who are deaf and hard of hearing, as well as , training specialists, EAP, and EEO counselors may be trained in sign language and must complete Postal Service approved training on the following subjects:
    • Effective communications with employees who are deaf and hard of hearing,
    • Providing qualified sign language interpreters.
    • Use of VRI and VRS.
  6. Deaf and hard of hearing applicants will be scheduled for a specific examination time when an interpreter will be available. Management will provide the following assistance for deaf and hard of hearing employees with a disability under the Act.
  7. State or Federal Relay services or other postal approved technology such as Video Relay Services (VRS) or VRI – if available and authorized or new and evolving technologies that are available, authorized and approved, may provide away for a deaf or hard of hearing employee to conduct postal business by phone or video with other employees and customers.
  8. When possible, interpretating services as described in (a) through (f) above should be scheduled as far in advance as possible.
  9. In the event of an emergency situation, the Postal Service will strive to communicate the nature of the emergency as soon as possible.

Management will provide the following assistance for deaf and hard of hearing employees with a disability under the Act.

  1. All films, videos or videotapes designed for the training or instruction of regular work force employees developed on or after October 1, 1987, shall be opened or closed captioned. To the extent practicable, existing films or videotapes developed nationally that will continue to be used by the deaf and hard of hearing with some frequency, will be opened or closed captioned.
  2. Special communications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees pursuant to the requirements contained in the Management Instruction regarding Providing Communication Accommodations to Employees and Applicants Who are Deaf or Hard of Hearing. Special communication devices or telephone volume control devices will be installed for hard of hearing employees whenever a hard of hearing employee needs a reasonable accommodation in order to communicate by phone. These devices will be available to deaf and hard of hearing employees for official business and in the case of personal emergencies. As appropriate, Management will provide training to staff on the use of these special telecommunication devices.
  3. A visual alarm will be installed on all moving powered industrial equipment powered by electric motor or internal combustion engine in all postal installations employing deaf employees or in any installation where such a reasonable accommodation is necessary for a hard of hearing employee.
  4. Visual fire alarms will be installed in all new postal installations (installations for which the U.S. Postal Service, as of the effective date of this agreement, has not awarded a contract for the design of the building) where the Postal Service installs audible fire alarms. The parties will discuss and seek to agree at the local level about the installation in such other facilities as may be appropriate.
  5. The Postal Service will ensure that all Postal Service facilities nationwide maintain an Emergency Action Plan. The plan will address the requirements for an employee alarm system that:
    • Complies with Occupational Safety and Health Administration regulations; and
    • Provides adequate notice to employees so they can take the appropriate actions necessary to escape the workplace safely.

JOINT LABOR-MANAGEMENT MEETINGS
Discussion of problem areas with regard to the use of certified sign interpreters, enhancement of job opportunities for the deaf and hard of hearing, including recruitment and hiring efforts, type of special communications devices or volume control devices to be installed, installation of visual alarms or other systems such as tactile devices at other than new postal installations, and the availability of new technologies which may help deaf and hard of hearing employees perform a variety of tasks, are appropriate matters for considerations at Joint Labor-Management meetings. Discussion of such matters at Labor-Management meetings is not a prerequisite to the filing or processing of a grievance.

MOU Workplace Free of Harassment

The National Postal Mail Handlers Union and the United States Postal Service are committed to providing employees with a safe, productive, and inclusive workplace. All employees must refrain from practicing or tolerating discrimination and harassment based on race, color, religion, sex, national origin, age, mental or physical disability, genetic information, uniformed (military) service, or in reprisal for an employee's complaint about or opposition to discrimination or participation in any process or proceeding designed to remedy discrimination. Employees who believe that they are victims of harassment should bring the situation to the attention of a supervisor, a manager, or the manager of Human Resources. To achieve a workplace free of harassment, the parties agree to establish at the National Level a "Task Force on Preventing Harassment." The purpose of the Task Force is to explore the most effective methods to ensure employees are aware of Postal Service policies and procedures on harassment.
This Memorandum of Understanding may not be cited in the grievance process or used as the basis for a grievance. Nothing in this Memorandum of Understanding affects the right of employees to file a grievance under Article 2 of the National Agreement.

MOU re: Dignity and Respect in the Workplace

The Postal Service and the Union are committed to improving workplace relationships and to treating each and every individual employee with dignity and respect. The parties agree that they have a mutual interest in creating a positive work environment and culture, thus ensuring that the Postal Service is an “employer of choice”.
The parties further agree that individual or systemic concerns or issues touching on matters of dignity and respect are best served through a cooperative effort. Treating every employee with dignity and respect therefore is a proper subject for discussion at Labor Management Committee meetings at the national, regional/area and local levels provided in Article 38.
The guiding principle of any joint discussions should be to improve the work climate and daily relationships on the workroom floor, and to ensure the operational success of the Postal Service.
This Agreement is without prejudice to the Postal Service’s right to make changes to policy consistent with Article 19 and 34 , and the Union’s ability to challenge the same.
No retaliatory action is to be taken against any employee for alleging wrongdoing of any sort within the U.S. Postal Service to the Office of the Inspector General, to the Inspection Service, or to responsible officials of the Postal Service.
This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement.

MOU Article 6 - Layoff Protection

Each employee who is employed in the regular work force as of September 20, 2022, and who has not acquired the protection provided under Article 6 shall be protected henceforth against any involuntary layoff or force reduction during the term of this Agreement. It is the intent of this Memorandum of Understanding to provide job security to each such employee during the term of this Agreement; however, in the event Congress repeals or significantly relaxes the Private Express Statutes this Memorandum shall expire upon the enactment of such legislation. In addition, nothing in this Memorandum of Understanding shall diminish the rights of any bargaining-unit employees under Article 6.
Since this Memorandum of Understanding is being entered into on a non-precedential basis, it shall terminate for all purposes at midnight September 20, 2025 and may not be cited or used in any subsequent dispute resolution proceedings.

LOI USPS Installations

The parties agree that the Employer retains the right to add installations, consolidate installations, and discontinue installations in accordance with Article 12, and the reports will be adjusted to reflect such changes as soon as reasonably practicable thereafter. An installation for the purposes of this paragraph will be defined to include all facilities for which a mail handler career employee is entitled to bid, as provided under Article 12.3C.

LOI Mail Handler Assistants in Excess of Percentage Caps

The parties acknowledge that there may be situations of limited duration that occur during the course of the year when the Employer needs to employ MHAs in excess of the cap for the total number of MHAs in an installation.

Any local or Area/Regional agreements to allow the employment of MHAs in excess of the percentage caps requires concurrence by the parties at the National level.

MOU Re: Mail Handler Assistant Employees

The following general principles concerning Mail Handler Assistant Employees (MHAs) shall apply:

  1. General Principles
    1. The MHA work force is comprised of noncareer, mail handler bargaining unit employees.
    2. MHAs shall be hired for terms of 360 calendar days and will have a break in service of 5 days if reappointed.
    3. Leave provisions for MHAs are included in Attachment A to this MOU.
    4. For MHA percentage use allowances, see Article 7.1B.
    5. The Postal Service will provide a report every four week reporting period with information needed to monitor compliance with the provisions above, i.e., the total number of career bargaining unit employees and MHAs in the mail handler craft by installation.
    6. Effective November 19, 2022 , the hourly rates for MHAs shall be as follows:
      Hourly Rate: Level 4 at $18.22 and Level 5 at $19.17.

      Also, effective no later than the first full pay period 180 days after ratification, a new step, Step B, will be added to the MHA wage scale for Grade 4 and Grade 5. Step B will be $0.50 higher than the Step A rate for RSC M4 for the respective wage in Grade 4 and Grade 5. The step waiting period to reach Step B will be 6 months (26 weeks). RSC M4 Step B will remain $0.50 higher than Step A in perpetuity; there will be no separate calculation for increases applied to this wage rate. Upon initial implementation, any MHA in RSC M4 with 6 months (26 weeks) or more of relative standing will move to Step B.

      Adjustments to these hourly rates shall be in accordance with Article 9.7. Should it be necessary for recruitment or retention of MHAs, the Postal Service may pay higher hourly rates, with the concurrence of the Union. g. When the Postal Service hires new mail handler full-time career employees, MHAs within the installation will be converted to full-time regular career status to fill such vacancies based on their relative standing in the installation, which is determined by their original MHA appointment date in that installation. Effective with the second full pay period after bargaining-unit ratification of the 2019 National Agreement and solely for the purposes of relative standing, all newly hired MHAs shall be deemed to have an initial MHA appointment date on a Saturday, at the start of the pay period during which they began work in the installation. A MHA who does not accept the career opportunity will not lose his/her relative standing for future career opportunities.
  2. Contract Provisions
    Only the following articles and portions of articles of the National Agreement apply to MHAs as outlined below:
    Article 1
    Article 2
    Article 3
    Article 5
    Article 7.1B
    Article 8

    Section 2. Work Schedules
    1. The employee’s service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.
    2. The employee’s service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins.

    Section 3. Exceptions
    * * * * * MHAs will be scheduled in accordance with Section 2, A and B of this Article.
    Section 4. Overtime Work
    * * * * *

    1. Overtime Work for MHAs MHAs shall be paid overtime for work performed in excess of eight (8) hours on duty in any one service day or forty (40) work hours in any one service week. Overtime pay for MHAs is to be paid at the rate of one and one-half (1-1/2) times the basic hourly straight time rate. When an opportunity exists for overtime for qualified and available full- time employees, doing similar work in the work location where the em- ployees regularly work, prior to utilizing a MHA in excess of eight (8) work hours in a service day or forty (40) hours in a service week, such qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their senior- ity on a rotating basis. Section 7. Night Shift Differential For time worked between the hours of 6:00 p.m. and 6:00 a.m., MHAs shall be paid additional compensation at the applicable flat dollar amount at each pay grade and step in accordance with the attached Table Four. 143 HOURS OF WORK Section 2. Work Schedules
      1. The employee’s service week shall be a calendar week beginning at 12:01 a.m. Saturday and ending at 12 midnight the following Friday.
      2. The employee’s service day is the calendar day on which the majority of work is scheduled. Where the work schedule is distributed evenly over two calendar days, the service day is the calendar day on which such work schedule begins.
        3. Section 3. Exceptions
        • * * * *
        MHAs will be scheduled in accordance with Section 2, A and B of this Article. Section 4. Overtime Work
        • * * * *
        G. Overtime Work for MHAs MHAs shall be paid overtime for work performed in excess of eight (8) hours on duty in any one service day or forty (40) work hours in any one service week. Overtime pay for MHAs is to be paid at the rate of one and one-half (1-1/2) times the basic hourly straight time rate. When an opportunity exists for overtime for qualified and available full- time employees, doing similar work in the work location where the em- ployees regularly work, prior to utilizing a MHA in excess of eight (8) work hours in a service day or forty (40) hours in a service week, such qualified and available full-time employees on the appropriate Overtime Desired List will be selected to perform such work in order of their senior- ity on a rotating basis. Section 7. Night Shift Differential For time worked between the hours of 6:00 p.m. and 6:00 a.m., MHAs shall be paid additional compensation at the applicable flat dollar amount at each pay grade and step in accordance with the attached Table Four. D. Any MHA who is scheduled to work and who reports to work in an installation with 200 or more work years of employment shall be guaran- teed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours work or pay. Section 9. Wash-up Time Installation heads shall grant reasonable wash-up time to those employees who perform dirty work or work with toxic materials. The amount of wash-up time granted each employee shall be subject to the grievance procedure. Article 9 SALARIES AND WAGES Section 7. Mail Handler Assistant Employees In addition to the general increases provided in Article 9.1, MHAs will receive an increase of 1.0% annually, for a total of 2.3% effective No- vember 19, 2022, 2.3% effective November 18, 2023, and 2. 3% effec- tive November 16, 2024. All percentage increases are applied to the wage rates in effect on Sep- tember 20, 2022. In addition, the current MHA rate for Grade 4 and Grade 5 will be increased by $0.50 effective (PP25-2022) November 19, 2022. Article 10 LEAVE Section 2. Leave Regulations A. The leave regulations in Subchapter 510 of the Employee and Labor Relations Manual, insofar as such regulations establish wages, hours and working conditions of employees covered by this Agreement, other than MHAs, shall remain in effect for the life of this Agreement. B. Career employees will be given preference over noncareer employees when scheduling annual leave. This preference will take into considera- tion that scheduling is done on a tour-by-tour basis and that employee skills are a determining factor in this decision. C. Article 30 of the National Agreement and Local Memoranda of Under- standing provisions do not apply to MHAs, except as specifically refer- enced in the 2022 National Agreement and as follows: During the local implementation period, the parties may agree to include provisions in the local memoranda of understanding to permit MHAs to apply for annual leave during choice vacation periods, as defined in Article 10 of the Na- tional Agreement. Granting leave under such provisions must be contin- gent upon the MHA having a leave balance of at least forty (40) hours. Article 11 HOLIDAYS
        • * * * *
        Section 1. Holidays Observed The following six (6) days shall be considered holidays for MHAs: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Section 3. Payment C. The number of hours of holiday leave pay for MHAs will be based on the following: • 200 Work Year offices – 8 hours • POSTPlan offices – 4 hours • All other offices – 6 hours MHAs who work on a holiday may, at their option, elect to have their annual leave balance credited with 6 or 8 hours (as applicable). 145 leave during choice vacation periods, as defined in Article 10 of the Na- tional Agreement. Granting leave under such provisions must be contin- gent upon the MHA having a leave balance of at least forty (40) hours. Article 11 HOLIDAYS
        • * * * *
        Section 1. Holidays Observed The following six (6) days shall be considered holidays for MHAs: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Section 3. Payment C. The number of hours of holiday leave pay for MHAs will be based on the following: • 200 Work Year offices – 8 hours • POSTPlan offices – 4 hours • All other offices – 6 hours MHAs who work on a holiday may, at their option, elect to have their annual leave balance credited with 6 or 8 hours (as applicable). Section 6. Holiday Schedule D. Mail Handler Assistant Employees MHAs will be scheduled for work on a holiday or designated holiday after all full-time or part-time volunteers are scheduled to work on their holiday or designated holiday. They will be scheduled, to the extent possible, prior to any full-time volunteers or non-volunteers being scheduled to work a nonscheduled day or any full-time non-volunteers being required to work their holiday or designated holiday. If the parties have locally negotiated a pecking order that would schedule full-time volunteers on a nonscheduled day, the Local Memorandum of Understanding will apply. Article 14 Article 15 Article 16, to the extent specified below. Article 17, Sections 2, 3, 4, 5, and 6 Article 18 Article 19 HANDBOOKS AND MANUALS
        • * * * *
        Article 19 shall apply in that those parts of all handbooks, manuals and published regulations of the Postal Service, which directly relate to wages, hours, or working conditions shall apply to MHAs only to the extent con- sistent with other rights and characteristics of MHAs provided for in this Agreement. The Employer shall have the right to make changes to hand- books, manuals and published regulations as they relate to MHAs pursuant to the same standards and procedures found in Article 19 of this Agree- ment. Article 20 Article 22 Article 23 Article 24 Article 27 Article 28 Article 31 Article 32 Article 34 Article 35 Article 36 Article 37.4 Article 39 Only the following Memoranda of Understanding from the 2022 National Agreement shall apply to MHAs: Leave Sharing LWOP In Lieu of SL/AL Administrative Leave for Bone Marrow, Stem Cell, Blood Platelet, and Organ Donations Bereavement Leave Interest on Back Pay Processing of Post-Separation and Post-Removal Grievances MHA Separations and Reappointments One-Time MHA Conversion Relative Standing of Mail Handler Assistants and Subsequent Seniority Upon Conversion to Career Mail Handler Potential for MHA PTF Opportunities Filling of Residual Vacancies PTFs in 200 Man Year Facilities Subject to Excessing Purge of Warning Letters Wounded Warrior Leave LOI Mail Handler Assistants in Excess of Percentage Caps Clarification of Regulations for National Day of Observance Workplace Free of Harassment 147 Article 32 Article 34 Article 35 Article 36 Article 37.4 Article 39 Only the following Memoranda of Understanding from the 2022 National Agreement shall apply to MHAs: Leave Sharing LWOP In Lieu of SL/AL Administrative Leave for Bone Marrow, Stem Cell, Blood Platelet, and Organ Donations Bereavement Leave Interest on Back Pay Processing of Post-Separation and Post-Removal Grievances MHA Separations and Reappointments One-Time MHA Conversion Relative Standing of Mail Handler Assistants and Subsequent Seniority Upon Conversion to Career Mail Handler Potential for MHA PTF Opportunities Filling of Residual Vacancies PTFs in 200 Man Year Facilities Subject to Excessing Purge of Warning Letters Wounded Warrior Leave LOI Mail Handler Assistants in Excess of Percentage Caps Clarification of Regulations for National Day of Observance Workplace free of harassment. 3. Other Provisions A. Article 15 1. The parties recognize that MHAs will have access to the grievance procedure for those provisions which the Board Award applies to MHAs. 2. Nothing herein will be construed as a waiver of the employer’s obliga- tion under the National Labor Relations Act. MHAs will not be dis- charged for exercising their rights under the grievance-arbitration proce- dure. 3. The separation of MHAs upon completion of their 360-day term and the decision to not reappoint MHAs to a new term are not grievable, ex- cept where it is alleged that the decision to not reappoint is pretextual. MHAs may be separated during their term of appointment for lack of work at any time. Such separation is not grievable except where it is alleged that the separation is pretextual. Separations for lack of work shall be by inverse relative standing in the installation. MHAs separated for lack of work before the end of their term will be given preference for reappoint- ment ahead of other MHAs with less relative standing and ahead of other applicants who have not served as MHAs, provided that the need for hir- ing arises within twelve (12) months of their separation. MHAs may be disciplined or removed within the term of their appoint- ment for just cause and any such discipline or removal will be subject to the grievance arbitration procedure, provided that within the immediately preceding six months, the employee has completed ninety (90) work days, or has been employed for 120 calendar days (whichever comes first) of their initial appointment. In the case of removal for cause within the term of an appointment, a MHA shall be entitled to advance written notice of the charges against him/her in accordance with the provisions of Article 16 of the National Agreement. 4. Discipline for an MHA who does have access to the grievance- arbitration procedure does not generally have to be issued in the same progressive manner as discipline issued to a career employee. However, an appropriate element of just cause is that discipline should be progres- sive and corrective in nature rather than punitive. When management re- moves or otherwise disciplines an MHA, determining whether the disci- plinary action taken is appropriate must be based on the individual facts and circumstances of each case. B. Article 25, Higher Level Pay In the event a MHA is temporarily assigned to a higher level position, such employee will be paid at the higher level only for the time actually spent on such job. This language should not be construed to encourage the Postal Service to temporarily assign such employees to higher level posi- tions. When the opportunity exists for higher level assignment, the princi- ple of preference for career employees over MHAs should be utilized. C. Health Insurance After an initial appointment for a 360-day term and upon reappointment to another 360-day term, any eligible noncareer MHA who wants to pay health premiums to participate in the Federal Employees Health (FEHB) Program on a pre-tax basis will be required to make an election to do so in accordance with applicable procedures. The total cost of health insurance is the responsibility of the noncareer MHA except as provided below. The Postal Service will make a bi-weekly contribution to the total premium for any MHA who wishes to participate in the USPS Noncareer Health Care Plan (USPS Plan) equal to the greater of (a) $125, or (b) the minimum re- quired by the Patient Protection and Affordable Care Act, and applicable regulations, for self-only. The Postal Service will make a bi-weekly contribu- tion equal to 65% of the total premium for any MHA who wishes to partici- pate in the USPS Plan for either self plus one or family coverage during the MHA’s initial year of non-career employment. After an MHA’s first year of employment, the Postal Service will make a bi-weekly contribution equal to 75% of the total premium for either self plus one or family coverage. Any MHA employee wishing to make their health care contribution on a pre-tax basis will be required to make an election to do so in accordance with appli- cable procedures. All MHAs will be eligible for the USPS Plan within a reasonable period from the date of hire and entry into a pay status, consistent with the requirements established under the Patient Protection and Affordable Care Act. The Postal Service shall continue to provide the USPS Plan with self-only, self plus one, and family options for the duration of this Agreement. On a monthly basis, the Postal Service will provide the Union with a list of MHAs enrolled in the USPS Plan. On an annual basis, the Postal Service will provide the Union with in- formation about premium and claim experience, actuarial value and 149 4. Discipline for an MHA who does have access to the grievance- arbitration procedure does not generally have to be issued in the same progressive manner as discipline issued to a career employee. However, an appropriate element of just cause is that discipline should be progres- sive and corrective in nature rather than punitive. When management re- moves or otherwise disciplines an MHA, determining whether the disci- plinary action taken is appropriate must be based on the individual facts and circumstances of each case. B. Article 25, Higher Level Pay In the event a MHA is temporarily assigned to a higher level position, such employee will be paid at the higher level only for the time actually spent on such job. This language should not be construed to encourage the Postal Service to temporarily assign such employees to higher level posi- tions. When the opportunity exists for higher level assignment, the princi- ple of preference for career employees over MHAs should be utilized. C. Health Insurance After an initial appointment for a 360-day term and upon reappointment to another 360-day term, any eligible noncareer MHA who wants to pay health premiums to participate in the Federal Employees Health (FEHB) Program on a pre-tax basis will be required to make an election to do so in accordance with applicable procedures. The total cost of health insurance is the responsibility of the noncareer MHA except as provided below. The Postal Service will make a bi-weekly contribution to the total premium for any MHA who wishes to participate in the USPS Noncareer Health Care Plan (USPS Plan) equal to the greater of (a) $125, or (b) the minimum re- quired by the Patient Protection and Affordable Care Act, and applicable regulations, for self-only. The Postal Service will make a bi-weekly contribu- tion equal to 65% of the total premium for any MHA who wishes to partici- pate in the USPS Plan for either self plus one or family coverage during the MHA’s initial year of non-career employment. After an MHA’s first year of employment, the Postal Service will make a bi-weekly contribution equal to 75% of the total premium for either self plus one or family coverage. Any MHA employee wishing to make their health care contribution on a pre-tax basis will be required to make an election to do so in accordance with appli- cable procedures. All MHAs will be eligible for the USPS Plan within a reasonable period from the date of hire and entry into a pay status, consistent with the requirements established under the Patient Protection and Affordable Care Act. The Postal Service shall continue to provide the USPS Plan with self-only, self plus one, and family options for the duration of this Agreement. On a monthly basis, the Postal Service will provide the Union with a list of MHAs enrolled in the USPS Plan. On an annual basis, the Postal Service will provide the Union with in- plan performance including any measure of employee satisfaction, num- ber and types of complaints, speed of claim processing, etc. On an annual basis, the Postal Service will provide the Union its pro- posed USPS Plan design for the upcoming year, including plan options beyond self-only and family, to allow the Union timely input into any decision about changes. It is understood, however, that the final decision on plan design is solely vested in the Postal Service. If an eligible noncareer MHA elects to participate in the FEHB/PSHB* Pro- gram after an initial appointment for a 360-day term and upon reappointment to another 360-day term, the Postal Service will make a contribution toward the total premium for any eligible MHA who selects the Mail Handler Benefit Plan (MHBP) Value Plan or MHBP Consumer Option. For self-only enroll- ment, this contribution shall be equal to, but no greater than, the dollar amount of the Postal Service’s contribution toward self-only coverage for MHAs under the USPS Plan. For self plus one or family coverage, the contri- bution shall be equal to, but no greater than, the dollar value of 75% of the total premium for self plus one or family coverage under the USPS Plan.
        • As of January 2025, the Postal Service Health Benefits Program
        (“PSHB Program”) D. MHA Career Opportunity When the Postal Service determines in accordance with contractual provi- sions that it has needs to fill vacancies with new career employees, availa- ble and qualified MHAs will be converted to fill such vacancies based on their relative standing in the installation, which is determined by their initial MHA appointment date in that installation. Effective with the sec- ond full pay period after bargaining-unit ratification of the 2019 National Agreement and solely for purposes of relative standing, all newly hired MHAs shall be deemed to have an initial MHA appointment date on a Saturday, at the start of the pay period during which they began work in the installation. E. Retirement Savings Plan The parties will explore the steps necessary for the establishment of 401(k)-type retirement savings plans and/or payroll allotments for Indi- vidual Retirement Accounts for MHAs. Alternatively, if the NPMHU establishes a 401(k) retirement savings plan for MHAs, the Postal Service agrees to implement the necessary steps for payroll deductions for this plan. The Postal Service will not be required to make any matching con- tributions as part of such plans. Formatting § 7.1.iv NA2022

        MOU Mail Handler Assistant (MHA) Separations and Re-Appointments

        The parties recognize the Employer has historically provided qualified and available career employees with work at the straight time rate prior to assigning such work to non-career employees. MHAs, although non-career, have a career path. MHAs are separated for five days between appointments.

        Separations of MHAs for lack of work before the end of their term shall be by inverse relative standing on the appropriate MHA roll and such separations are not grievable except where the separations are alleged to be pretextual. If an MHA is being considered for non-reappointment solely due to lack of work and one or more MHAs with lower relative standing are employed at the site, then the MHA with the lowest relative standing is to be separated and the MHA being considered for non-reappointment is to be reappointed.

        MHAs separated for lack of work before the end of their term will be given reappointment ahead of other MHAs with less relative standing on the MHA roll provided the need for hiring arises within (1) year of the separation. MHAs who meet these conditions, will be offered the opportunity for appointment in inverse order of their separation.

        MOU re: MHA Automatic Conversion to Career

        The U.S. Postal Service and the National Postal Mail Handlers Union agree that Mail Handler Assistants (MHAs) in 200 work year offices who reach 24 months of relative standing will be converted automatically to full time career and be subject to the step placement and corresponding progression as outlined below. Any MHA automatically converted to career status under this MOU will not be required to serve a probationary period.

        A new entry step will be established for MHAs automatically converting after 24 months of relative standing in Grades 4 and 5. The new entry step waiting period will be determined per grade using step waiting periods as established in Article 9.2B of the 2022 National Agreement. The new entry step for MHAs automatically converting after 24 months of relative standing will be set as follows: at Grade 4, $40,417 (Annual), $19.43 (Hourly); at Grade 5, $42,022 (Annual), $20.20 (Hourly). Any contractual wage increase received by career employees up until the implementation of this new step (Under Article 9.1 and 9.3) will apply to these rates for each respective grade. The new entry step will not apply to Full Time Regular (FTR), Part Time Regular (PTR), or Part Time Flexible (PTF) employees in Grades 4 and 5, and will not be added to the FTR pay schedule. However, after the appropriate step waiting period in the new entry step (see Article 9.2B) of 48 weeks, automatically converted MHAs will progress into the Article 9.2B pay schedule.

        The new entry step will receive COLAs calculated using the current formula in 9.3C, adjusted proportionally to 57.50%. In 200 work year offices, automatically converted MHAs will convert to Full Time Flexible (FTF). The new FTF employee category is deemed to be part of the regular work force in the full time category as set forth in Articles 6.1A2 and Article 7.1A, and will only be used for MHAs who auto convert. FTF employees will have flexible reporting times, flexible non-scheduled days, and flexible reporting locations within the installation depending on operational requirements as established on the Wednesday preceding the service week. The work schedules for FTFs will consist of five workdays per week, eight hours per day with two consecutive rest days.

        The slotting provisions for 24 month automatic MHA conversions do not apply to MHA conversions occurring before the MHA reaches 24 months of relative standing. Any conversions occurring before reaching 24 months of relative standing will be done consistent with relevant contractual provisions, including the Filling of Residual Vacancies Memorandum of Understanding (MOU) and the Mail Handler Assistants MOU Section 1(a)(g) and Section 3(D).

        MHAs who automatically convert to FTF after 24 months of relative standing and who later transition to FTR positions will be slotted into the FTR pay step commensurate with their number of weeks as a FTF and will retain time in step credit. For example, an MHA who reaches 24 months of relative standing and converts to FTF at the beginning of Pay Period 02 will slot into the new entry and will advance to Step AA at the beginning of Pay Period 26. If in Pay Period 11 of that same year, the FTF, before completing 48 weeks, successfully bids on a FTR duty assignment or is placed into a residual vacancy, the employee will slot into Step AA upon placement into the FTR duty assignment or residual vacancy and will retain time step credit. Under this scenario, the employee will advance to Step A in Pay Period 26.
        Conversions to career and the above described associated step changes and employee classifications will be completed no later than the first full pay period six (6) months after NPMHU ratification of the 2022 National Agreement.

        MOU One-Time MHA Conversion

        The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL- CIO, agree to the following:

        1. All Mail Handler Assistants (MHAs) in 200 Man Year offices with a relative standing date prior to 2.5 years from the ratification date of the 2022 National Agreement shall be converted to career status.
        2. The conversion to career status will occur as soon as administratively practicable, but no later than sixty (60) days from the ratification date of the 2022 National Agreement
        3. MHAs converted to career status under this memorandum will not be required to serve a probationary period provided they have successfully completed one 360-day term as a Mail Handler Assistant.

        MOU Cross Craft

        It is understood by the parties that in applying the provisions of Articles 7, 12 and 13 of this Agreement, cross craft assignments of employees, on both a temporary and permanent basis, shall continue as they were made among the six crafts under the 1978 National Agreement. § 7.3.i NA2022 Formatting § 8.5.i NA2022

        MOU Night Shift Differential

        The flat dollar amount at Steps A through P at each pay grade for night shift differential in Tables Three and Four shall be increased by the following amounts:

        • 1.0% increase effective (PP12-2023) May 20, 2023
        • 1.5% increase effective (PP12-2024) May 18, 2024
        • 2.0% increase effective (PP12-2025) May 17, 2025

        The flat dollar amount at Step A for Table Three and Steps BB and AA for Table Four at each pay grade for night shift differential in Tables Three and Four shall be increased by the following amounts:

        • 2.0% increase effective (PP12-2023) May 20, 2023
        • 2.0% increase effective (PP12-2024) May 18, 2024
        • 2.0% increase effective (PP12-2025) May 17, 2025

        All increases will be applied to the most recent night shift differential table preceding the increase.

        MOU Promotion Pay Anomaly

        In recognition of the need to correct the promotion pay anomaly contained in the current salary schedule, the Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to meet and to continue their discussions with respect to this matter with the ultimate goal of correcting the promotion pay anomaly by creating a new salary schedule and related administrative rules as soon as practicable.

        The new salary schedule will contain the following features:

        • Uniform waiting periods by grade resulting in a shorter cumulative period to reach the top of a grade as compared to the current salary schedule.
        • Uniform step increase amounts by grade.

        In recognition of the administrative burdens in processing employee pay changes (promotions, higher level pay, repromotions, change to lower level, etc.) to the extent practical, the parties agree that the Postal Service will implement new and simplified administrative rules to be set forth in the Employee and Labor Relations Manual as soon as practicable.

        MOU re: Salaries and Wages, Mail Handler Assistant Employees

        Article 9 Section 7. Mail Handler Assistant Employees
        In addition to the general increases provided in Article 9.1, MHAs will receive an increase of 1.0% annually, for a total of 2.3% effective November 19, 2022, 2.3% effective November 18, 2023, and 2.3% effective November 16, 2024.
        All percentage increases are applied to the wage rates in effect on September 20, 2022.
        In addition, the current MHA rate for Grade 4 and Grade 5 will be increased by $0.50 effective (PP25-2022) November 19, 2022.

        NA2022 Page 144 Memo on MHA wage increases

        MOU re: PTF Annual Leave

        The parties agree that forty (40) hours of annual leave will be advanced to part-time flexible (PTF) employees, prorated to the end of the leave year for their first leave year as a PTF, and annually thereafter, unless and until the employee converts to full-time status. Formatting § 10.2.ii NA2022 Formatting § 10.2.iii NA2022 Formatting § 10.2.iv NA2022

        MOU Bereavement Leave

        NPMHU represented employees may use a total of up to three workdays of annual leave, sick leave or leave without pay, to make arrangements necessitated by the death of a family member or attend the funeral of a family member. Authorization of leave beyond three workdays is subject to the conditions and requirements of Article 10 of the National Agreement, Subsection 510 of the Employee and Labor Relations Manual and the applicable local memorandum of understanding provisions.
        Definition of Family Member. “Family member” is defined as a:

        1. Son or Daughter — a biological or adopted child, stepchild, daughter-in-law or son-in-law;
        2. Spouse;
        3. Parent — mother, father, mother-in-law, or father-in-law;
        4. Sibling — brother, sister, brother-in-law, or sister-in-law; or
        5. Grandchild; or
        6. Grandparent.

        The in-laws referenced in this MOU applies to children, including adopted children, stepchildren, and spouses thereof; spouse and parents thereof; and brothers and sisters and spouses thereof.
        Use of Sick Leave. The use of sick leave for bereavement purposes will be charged to sick leave for dependent care.
        Documentation. Documentation evidencing the death of the employee’s family member is required only when the supervisor deems documentation desirable for the protection of the interest of the Postal Service.
        (The preceding MOU, Bereavement Leave, shall apply to Mail Handler Assistants)

        MOU Annual Leave Carry-Over

        The parties agree that, as soon as practicable after the signing of the 1990 National Agreement, the applicable handbooks and manuals will be modified to provide revised regulations for annual leave carryover as follows:

        1. Regular work force employees covered by this agreement may carry over 440 hours of accumulated annual leave beginning with leave carried over from leave year 1991 to leave year 1992.
        2. Employees who fall under the provisions of Public Law 83-102 and who have maintained a carryover of more than 440 hours cannot increase their present ceiling.
        3. The parties agree that ELM 512.73d shall be changed to reflect that an employee covered by the NPMHU National Agreement is not paid for annual leave in excess of 55 days. In all other respects, the ELM provisions for payment of accumulated leave are not changed because of this Memorandum.

        Formatting § 10.6.i NA2022 Formatting § 10.6.ii NA2022 Formatting § 10.6.iii NA2022 Formatting § 10.6.iv NA2022 Formatting § 10.6.v NA2022 Formatting § 10.6.vi NA2022 Formatting § 10.2.vii NA2022

        MOU Holiday Scheduling

        The U.S. Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to the following regarding the scheduling of holidays:

        1. The Employer shall post a holiday schedule as set forth in Article 11, Section 6, of this Agreement.
        2. A full-time employee whose holiday schedule is properly posted in accordance with Article 11, Section 6, and who works within the posted schedule shall be paid in accordance with Article 11, Sections 2, 3, and 4. It is further agreed that any change in an employee's required duties does not constitute a change in the posted schedule for purposes of this memorandum of understanding.
          1. Except as provided in subparagraphs (b) and (c) of this paragraph, when the Employer fails to post in accordance with Article 11, Section 6, a full-time employee required to work on his/her holiday, or who volunteers to work on such holiday, shall be paid in accordance with Article 11, Sections 2, 3, and 4, and shall receive an additional fifty percent (50%) of the employee's base hourly straight-time rate for each hour worked up to eight hours.
          2. In the event that, subsequent to the Article 11, Section 6, posting period, an emergency situation attributable to an "Act(s) of God" arises which requires the use of manpower on that holiday in excess of that posted pursuant to the Article 11, Section 6, full-time employees required to work in this circumstance(s) shall only be paid for such holiday work in accordance with Article 11, Sections 2, 3, and 4.
          3. When a full-time employee scheduled to work on a holiday in accordance with the provisions of Article 11, Section 6, is unable to or fails to work on the holiday, the Employer may require another full-time employee to work such schedule and such replacement employee shall only be paid for such holiday work in accordance with Article 11, Sections 2, 3, and 4. The selection of such replacement employees shall be made in accordance with the terms of this Agreement.
          4. A full-time employee required to work on a holiday which falls on the employee's regularly scheduled non-work day shall be paid at the normal overtime rate of one and one-half (1½) times the base hourly straight-time rate for work performed on such day. Such employee's entitlement to the holiday pay for the designated holiday shall be governed by the provisions of Article 11, Sections 2, 3, 5, and 6.
        4. Hours worked on a holiday in excess of 8 hours shall be paid at the normal overtime rate of one and one-half (1½) times the base hourly straight time rate.
        5. When a full-time employee works on his/her holiday, the employee will be guaranteed eight (8) hours of work or pay in lieu thereof, in addition to the holiday pay to which the employee is entitled under Article 11, Sections 2 and 3 language. This guarantee will be waived if the employee, with the concurrence of the Union and approval of Management, requests to be released early.
        6. A schedule posted in accordance with Article 11, Section 6, shall be the full-time employee's schedule for that holiday. A full-time employee who works outside of the posted holiday schedule shall be paid at the rate of one and one-half (1½) times the base hourly straight-time rate for the hour(s) worked outside the employee's posted schedule.
        7. In no event shall a full-time employee receive more than one and one-half (1½) times the base hourly straight-time rate for hours actually worked on the employee's holiday in addition to payments prescribed in Article 11, Section 3.

        MOU Joint Task Force on Article 12

        The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award:  Whether management should notify the union when an installa- tion is released from withholding, in whole or in part  Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing through the grievance and arbitration process. 175 MEMORANDUM OF UNDERSTANDING JOINT TASK FORCE ON ARTICLE 12 The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award:  Whether management should notify the union when an installa- tion is released from withholding, in whole or in part  Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing thro

        MOU Involuntarily Reassigned

        Under Article 12.6B1, the dislocation and inconvenience to full-time em- ployees and part-time flexible employees who are being involuntarily reassigned shall be kept to the minimum consistent with the needs of the service. In addition, under Article 12.6B2, the Vice President, Area Oper- ations shall give full consideration to withholding sufficient full-time posi- tions and part-time flexible positions within the area for full-time employ- ees and part-time flexible employees who may be involuntarily reassigned. The Joint Task Force on Article 12 shall meet after the effective date of this Agreement to explore ways to reduce unnecessary impact on career employees while maintaining utilization of the non-career workforce

        MOU Section 12.3 Principles of Posting

        When either Article 12.3B4, B5 or B6 are applicable, requiring a bid to be reposted while the total number of bids in the section remains the same, an expedited selection process shall be applied. The duty assignments en- cumbered by the employees junior to the senior employee whose bid is reposted will be offered, in seniority order, to the employees remaining in the section beginning with the senior employee whose bid is reposted. An employee(s) declining to make a selection when canvassed shall be as- signed to the duty assignment(s) remaining in the section after the expe- dited selection process has been completed. The results of the above listed actions shall be effective at the beginning of the succeeding pay period. The bid being reposted in accordance with Article 12.3B4, B5 or B6 will be posted for the installation and not included in the expedited selection process. After the expedited bidding process, the junior employee left without a duty assignment shall retain the right to retreat to the section from which withdrawn as detailed in Section 12.6C4c.

        MOU RE: Excessing Issues

        This Memorandum of Understanding (MOU) represents the parties’ agreement with regard to mail handler employees who are being involun- tarily reassigned into mail handler craft vacancies in other installations, after being excessed from their present installation. 1. Mail Handlers will be placed into mail handler vacancies at the gaining installation at the same, higher, or lower level for which they are qualified. 2. Mail Handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time employee, part- time regular, part-time flexible), without concern to level. 3. If a veteran preference eligible is reached when assigning im- pacted or unassigned employees to lower level duty assignments the following will apply: a. The most junior non-preference eligible same lev- el mail handler in the gaining installation shall be reassigned to the lower level vacancy. b. The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler. c. Any employee reassigned to a lower level duty as- signment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade. d. The non-preference eligible mail handler moved to the lower level duty assignment shall have retreat rights back to the former duty assignment the first time it becomes vacant. e. A veteran preference eligible mail handler for per- sonal convenience may waive the right to appeal through the grievance process, to the Equal Employment Opportunity Commission, and/or to the Merit Systems Protection Board and select a duty assignment at a lower level with saved grade with the same saved grade in 3c above. f. If no Level 5 vacancies exist, or if all Level 5 oc- cupied positions at the gaining installation are occupied by veteran preference eligible mail handlers, the withholding ra- dius will be expanded to allow for placement unless the veter- an preference eligible applies 3e above. 4. The Regional Director for the National Postal Mail Handlers Union (NPMHU) will receive at least 30-days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted em- ployees will receive the same notice at least 30 days in advance. 5. The Regional Director for the NPMHU will receive at least 60-days notice for excessing outside of the installation where employee relocation benefits are applicable. Such notice shall include a list of potential vacan- cies for reassignments. Impacted employees will receive the same notice at least 60 days in advance. 6. Impacted mail handlers, and senior in lieu of volunteers, may be placed as unassigned regular mail handlers in the gaining installation (A Level 5 veteran preference employee who has been involuntarily excessed will be subject to paragraph 3 above), provided that local management has completed a bid management review with area concurrence and sufficient vacancies will be available for placement of all such unassigned regular employees (regardless of level) within three months of the date the em- ployees were placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immediately placed into the first available residual vacancy by management in accordance with the provi- sions of Article 12 of the National Agreement, provided that Level 5 vet- eran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacancies or in accordance with para- graph 3. 7. The Postal Service (USPS) has agreed to develop an enhancement to eReassign to enable mail handlers from an impacted installation to receive priority consideration for a voluntary transfer. Management will accept the employee at the gaining installation without a review. However, regu- lar transfer rules concerning other issues such as seniority, status, no relo- cation benefits, and no retreat rights will continue pursuant to items F, G, H, and I of the MOU, Re: Transfers. 8. Any disputes arising from the terms of this MOU, or other Article 12 local issues, will be resolved by the National NPMHU-USPS Article 12 Task Force. If the Article 12 Task Force cannot agree upon a resolution, either party may declare an impasse. Each party will identify the issue in dispute in writing within 30 days after the declared impasse on the subject. The identified dispute will then be placed on the appropriate arbitration docket.

        MOU “SAME OR LOWER” LEVEL

        For purposes of implementing “same or lower” level or “same or lower” salary level under the National Agreement, in Articles 6, 12, and 13, the parties agree that MH Level 4 is the same level as PS Level 5 and that MH Level 5 is the same level as PS Level 6. Exhibit 418.1, Equivalent Grades, of the ELM and other ELM provisions, as necessary, will be amended accordingly.

        MOU Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers

        In their 2006 National Agreement, the parties agreed to a Joint Task Force on Article 12 for the purpose of discussing and reviewing issues that arise as a result of implementing the provisions of Articles 12.5 and 12.6. In addition, in August 2009, the parties agreed to a Memorandum of Under- standing, Re: One-Time Retirement Incentive, as well as a moratorium on excessing from the date of that MOU through October 9, 2009. The par- ties also recognized that they might need to discuss application or modifi- cation of the requirements under Article 12 based on the impact of that MOU. The parties have continued to meet at the National level, and have reached the following additional agreements with regard to Mail Handler employ- ees in installations experiencing excessing from the installation who seek transfer opportunities under Article 12 and the MOU on Transfers. 1. All Mail Handler employees in the installation, including those em- ployees experiencing excessing from the installation, may voluntarily submit a request for transfer through eReassign. These employees will be placed on a preferred listing within eReassign by date order. These volun- teers will be allowed to transfer out of their impacted installation in ac- cordance with the MOU on Transfer Opportunities to . Affected employees requesting transfer must meet the mini- mum qualifications for the position being considered. B. In accordance with applicable provisions of the EL-312 Hand- book, nepotism rules are still in effect. C. The following sections of the Memorandum of Understanding, Re: Transfers (pages 128-130 of the 2006 National Agreement) are modified in order to accommodate transfer opportunities to mini- mize excessing. Specifically: (1) Sections B & C (page 128) — Ratios contained in the Transfer MOU are not applicable to affected employees applying for transfer as a result of impending excessing. (2) Section D (page 129) — Affected employees work, attend- ance, and safety records will not be considered when applying for transfer as a result of impending excessing. (3) Section E (page 129) — A minimum of 30 days notice to the losing installation will be afforded if possible. Neither the gaining nor losing installation can place a hold on the employee. The affect- ed employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of trans- fer to coincide with the start of a pay period at the gaining installa- tion. The losing installation will coordinate between the employee and the gaining installation. D. The Postal Service will not provide affected employees request- ing a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized va- cancies will post them in eReassign as Reassignment Opportunities. Employees can request reassignment to these specific positions. It is the responsibility of the affected employee requesting a transfer to check on a regular basis in eReassign for Reassignment Opportuni- ties. Employees may also request transfers to offices that do not have reassignment opportunities listed on eReassign. 2. Selections by installations accepting transfer requests will be on a seniority basis using craft installation seniority from the losing instal- lation. A. In the event of a seniority tie, the tie breaker method will be as follows: (1) total career postal time, and (2) entered on duty date. B. An employee’s seniority in the gaining installation is estab- lished by the National Agreement based on the employee being a voluntary transfer (not excessed) employee. 3. An employee accepting a transfer under the priority consideration will have his/her name removed from the priority eReassign pending request list at all locations. Affected employees requesting a transfer can change their mind and decline a transfer opportunity before they receive written notice of their report date to the new in- stallation. By doing so, the affected employee’s name will be re- moved from the priority eReassign pending request list at the de- clined location. 4. Simultaneous (duplicate) requests for transfer by the same em- ployee to the same craft and installation in eReassign are not permit- ted. 5. Employees may receive a printed confirmation of their request through eReassign. 6. In installations under Article 12 withholding, withheld Mail Handler vacancies are not available for transfer requests. 7. As a result of the MOU, there are no changes to the Article 12 time frames for notification to the union. 8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Administrative Committee. 9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation

        MOU Workforce Repositioning

        The parties are committed to work together to the extent it becomes neces- sary to close or consolidate postal plants or other facilities. The parties will explore available options that can address related workforce issues. The Postal Service will meet with the Union at the national level to dis- cuss plans to close or consolidate postal plants or other facilities and to discuss and consider changes to such plans based on input from the Union. Those discussions will include appropriate consideration of the principles and requirements of the applicable provisions of Article 12, including the principle that, in effecting reassignments and dislocation and inconven- ience to employees shall be kept to a minimum, consistent with the needs of the Postal Service. Nothing in this memorandum is intended to negate or alter the applicable requirements of Article 12 of the National Agreement. This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement

        MOU Page 181

        § 12.3.E4.ix NA2022 § 12.3.E4.x NA2022 § 12.3.E4.xi NA2022 § 12.3.E4.xii NA2022

        LOI Letter on Article 15 Issues

        John F. Hegarty
        National President
        National Postal Mail Handlers Union, AFL-CIO
        1101 Connecticut Avenue, NW, Suite 500
        Washington, DC 20036-4304


        Dear Mr. Hegarty:
        During negotiations over the terms of the 2006 National Agreement between the National Postal Mail Handlers Union and the U.S. Postal Service, the parties reached the following understandings with regard to the changes made to Article 15.3D and Article 15.4D2.

        1. Any dispute initiated by the Employer at the National level under Article 15.3D shall not include any issue that previously has been appealed by the Union to the National arbitration docket.
        2. If the parties are unable to resolve a dispute initiated by the Employer at the National level under Article 15.3D, then the Union has the option to accept the Employer’s position on that issue or appeal the issue to National arbitration within existing contractual time limits. The Employer has no right to appeal any dispute or issue to National arbitration.
        3. If either the Employer or the Union, or both, do not opt to elect priority scheduling to the top of the National arbitration docket for up to two cases in any given calendar year, then those available arbitration hearing dates will revert to the dates subject to the preexisting scheduling standards — i.e., cases on the docket will be scheduled for arbitration in the order in which appealed, unless otherwise agreed to by the parties.
        4. Cases on the National arbitration docket will be scheduled for arbitration with no less than one hundred and fifty (150) days notice to both parties measured from the date of scheduling to the date of the initial arbitration hearing, unless the parties mutually agree to expedite a particular hearing date.
        5. Any local grievances filed on the specific interpretive issues pending on the National arbitration docket shall, upon mutual agreement, be held in abeyance at Step 3 until resolution of the national interpretive dispute. Said grievances should not be referred/appealed to Step 4 merely because the parties cannot agree on whether the specific interpretive issue is fairly presented in the local grievance.
        6. Ordering of those cases elected for priority scheduling shall be accomplished in the following manner: during each calendar year, the first case to be heard of the possible four such cases will be that case which has the earliest appeal to arbitration date. If this first case was selected for priority scheduling by the Union, the second case will be the Employer’s priority case with the earlier appeal date, the third will be the Union’s remaining case, and the fourth the Employer’s remaining case. If the first case (the case with the earliest appeal date of the parties’ four cases) is a case selected for priority scheduling by the Employer, the ordering process described above will be reversed. Unless the parties mutually agree otherwise, any priority cases remaining on the docket from prior calendar year(s) shall remain in their respective positions on the docket, with the newly-selected priority cases scheduled behind them in the above-described order.



        Valerie E. Martin
        Manager, Contract Administration NPMHU
        U.S. Postal Service

        MOU Article 15 (MAP)

        The parties agree to continue piloting the Modified Arbitration Procedure (MAP). Locations for further implementation of the MAP will be subject to mutual agreement of the parties.
        This Memorandum of Understanding shall be effective during the term of the 2022 National Agreement.

        MOU Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center

        The parties agree to establish at the National level a “Task Force on Developing a Pilot of Electronic Submission of Grievance Appeals to the LR Service Center.”
        The Task Force will discuss the feasibility and the means by which such a pilot would be conducted.
        Nothing in the memorandum is intended to negate or alter the applicable requirements of the National Agreement.

        LOI Article 15.2 Step 3

        The Arbitration Panel orders the parties to establish a Step 3 Scheduling Task Force to determine the most efficient location in which Step 3 meetings are to be held.

        MOU Pre-Arbitration Discussions

        The Arbitration Panel directs the parties to discuss whether to make changes to the pre-arbitration discussion set forth in Article 15.4(B)(5). Such discussions shall include, but are not limited to, the consideration of the following issues:

        1. The timing for any pre-arbitration discussions;
        2. Whether cases should be placed on a scheduling letter before any such pre-arbitration discussion is held;
        3. Procedures to address a refusal by any party to conduct a pre-arbitration discussion; and
        4. The process for scheduling cases following the completion of the pre-arbitration discussion

        MOU re: Arbitration Scheduling Letter

        The Arbitration Panel directs the parties to discuss the creation of a pilot program to address issues regarding the number of cases to be placed on a scheduling letter and the withdrawal, postponement, or referral of grievances that have been placed on a scheduling letter for arbitration. Such discussions shall include, but are not limited to, the consideration of the following issues:

        1. The number of cases that shall be placed on a scheduling letter;
        2. The terms of arbitrator contracts, including the appropriate timeframe in which cancellation fees are owed to the arbitrator; and
        3. The circumstances under which one party or the other would be fully responsible for the payment of any cancellation fees.

        MOU Step 4 Procedures

        This memorandum represents the parties' agreement with regard to withdrawing a grievance from regional arbitration and referring it to Step 4 of the grievance procedure.

        If a case is withdrawn from regional arbitration, referred to Step 4, and then remanded as noninterpretive, it will be returned directly to regional arbitration to be heard before the same arbitrator who was scheduled to hear the case at the time of the referral to Step 4. The case will be scheduled on that arbitrator's next available date (i.e., the next date for which cases have not already been scheduled.) Additionally, if the hearing had opened, the case will be returned to the same stage of arbitration. If the case had not previously been scheduled for an arbitration hearing, it will be given priority scheduling, such that the case will be heard in the same order which would have applied if the case had not been withdrawn and referred. In the event that the case would already have been heard had it not been withdrawn and referred, then the case will be heard as the next case on the appropriate docket.

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