MEMORANDA OF UNDERSTANDING AND LETTERS OF INTENT NA2022
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:
- 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.
- During formal classroom instruction and some aspects of informal training.
- During portions of EAP programs and EEO counselings.
- In critical elements of the selection process such as during testing and interviews.
- During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
- During the filing or meetings concerning an employee's OWCP claim.
- During service talks longer than five (5) minutes and meetings to discuss work procedures, policies and assignments.
- 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:
- 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.
- In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
- 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.
- 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.
- 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.
- 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.
- 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.
- When possible, interpretating services as described in (a) through (f) above should be scheduled as far in advance as possible.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- General Principles
- The MHA work force is comprised of noncareer, mail handler bargaining unit employees.
- MHAs shall be hired for terms of 360 calendar days and will have a break in service of 5 days if reappointed.
- Leave provisions for MHAs are included in Attachment A to this MOU.
- For MHA percentage use allowances, see Article 7.1B.
- 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.
- 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. - 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
- 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.
- 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
* * * * *- 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.
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HOURS OF WORK
Section 2. Work Schedules
- 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.
- 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
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- As of January 2025, the Postal Service Health Benefits Program
- 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.
- 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
- 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 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: