Article 28 Employer Claims NA2022

Article 28 Employer Claims

§ 28.1 Statement of Principle

The parties agree that continued public confidence in the Postal Service requires the proper care and handling of the U.S.P.S. property, postal funds, and the mails. In advance of any money demand upon an employee for any reason, the employee must be informed in writing and the demand must include the reasons therefor.

§ 28.2 Loss or Damage of the Mails

An employee is responsible for the protection of the mails entrusted to the employee. Such employee shall not be financially liable for any loss, rifling, damage, wrong delivery of or depredation on, the mails or failure to collect or remit C.O.D. funds unless the employee failed to exercise reasonable care.

§ 28.3 Damage to U.S.P.S. Property and Vehicles

An employee shall be financially liable for any loss or damage to property of the Employer including leased property and vehicles only when the loss or damage was the result of the willful or deliberate misconduct of such employee.

§ 28.4 Collection Procedures

1. If a grievance is initiated and advanced through the grievance-arbitration procedure or a petition has been filed pursuant to the Debt Collection Act, regardless of the amount and type of debt, collection of the debt will be delayed until disposition of the grievance and/or petition has (have) been had, either through settlement or exhaustion of contractual and/or administrative procedures.
2. No more than 15 percent of an employee's disposable pay or 20 percent of the employee's biweekly gross pay, whichever is lower, may be deducted each pay period to satisfy a postal debt, unless the parties agree, in writing, to a different amount.

(The preceding Article, Article 28, shall apply to Mail Handler Assistant employees.)

MOU Expedited Arbitration

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 hear grievances concerning the following issues in the Expedited Arbitration forum.

1. Restricted Sick Leave;
2. Step Withholding;
3. Employee Requests for Leave;
4. AWOL;
5. Request for Medical Certification;
6. Supervisor performance of bargaining unit work in 1.6A offices;
7. Bypass of employee(s) on the Overtime Desired List;
8. Holiday scheduling;
9. Designation of successful bidder;
10. Movement outside of bid assignment area;
11. Higher level assignments;
12. Employee claims;
13. Employer claims (Letters of Demand of $3,000 or less);
14. Any other grievance mutually agreed upon by the parties at Step 3.

This Agreement does not change either party's right to refer an expedited case to regular arbitration in accordance with the applicable procedures of Article 15, Section 4.C., of the National Agreement.