Article 3 Management Rights CIM v5 2021

Article 3 Management Rights

3. The Employer shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations:
   1. To direct employees of the Employer in the performance of official duties;
   2. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees;
   3. To maintain the efficiency of the operations entrusted to it;
   4. To determine the methods, means, and personnel by which such operations are to be conducted;
   5. To prescribe a uniform dress to be worn by designated employees; and
   6. To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.

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

The USPS’s “exclusive rights” under this article are basically the same as its statutory rights under the Postal Reorganization Act of 1970, as set forth in 39 U.S.C. § 1001(e). While postal management has the basic power to “manage” the United States Postal Service, Article 3 rights are not absolute. Rather, management must act in accordance with applicable laws, regulations, contract provisions, arbitration awards, letters of intent and memoranda of understanding. Consequently, many of the management rights enumerated in Article 3 are limited by negotiated contract provisions. For example, Management’s Article 3 right to “suspend, demote, discharge, or take other disciplinary action against” employees is subject to the provisions of Articles 15 and 16.

Section 3.6 gives management the right to take whatever actions may be necessary to carry out its mission in emergency situations. An emergency is defined as “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.”

On a related note, Article 30 (Section 30.2, Item B) provides local parties the opportunity during Local Implementation to discuss and formulate “Guidelines for the curtailment or termination of postal operations to conform to orders of local authorities or as local conditions warrant because of emergency conditions.”

Question: Do the management rights stated in Article 3 permit management to disregard the other provisions of the National Agreement?

Answer: No. Depending upon the circumstances, management’s rights may be limited by other provisions of the National Agreement.