Article 34 Work and/or Time Standards

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Article 34 Work and/or Time Standards

Section 34.1 Statement of Principle

The principle of a fair day's work for a fair day's pay is recognized by the parties to this Agreement.

Section 34.2 Union Notification

  1. The Employer agrees that any work measurement systems or time or work standards shall be fair, reasonable and equitable. The Employer agrees that the Union will be kept informed during the making of time or work studies which are to be used as a basis for changing current or instituting new work measurement systems or work or time standards. The Employer agrees that the Union may designate a representative who may enter postal installations for purposes of observing the making of time or work studies which are to be used as the basis for changing current or instituting new work measurement systems or work or time standards.
  2. The Employer agrees that before changing any current or instituting any new work measurement systems or work or time standards, it will notify the Union as far in advance as practicable, but not less than 15 days in advance.
  3. When the Employer determines the need to implement any new nationally developed and nationally applicable work or time standards, it will first conduct a test or tests of the standards in one or more installations. The Employer will notify the Union at least 15 days in advance of any such test.
  4. If such test is deemed by the Employer to be satisfactory and it subsequently intends to convert the tests to live implementation in the test cities, it will notify the Union at least 30 days in advance of such intended implementation.

Section 34.3 Difference Resolution

Within a reasonable time not to exceed 10 days after the receipt of such notice, the Union and the Employer shall meet for the purpose of resolving any differences that may arise concerning such proposed work measurement systems or work or time standards.

CIM

Section 34.3 establishes clear time limits during which the parties will meet, after the Union’s receipt of notice of live implementation, to resolve any differences concerning the proposed work measurement systems or work or time standards.

Section 34.4 Grievance and Arbitration

  1. If no agreement is reached within five days after the meetings begin, the Union may initiate a grievance at the national level. If no grievance is initiated, the Employer will implement the new work or time standards at its discretion.
  2. If a grievance is filed and is unresolved within 10 days, and the Union decides to arbitrate, the matter must be submitted to priority arbitration by the Union within 5 days. The conversion from a test basis to live implementation may proceed in the test cities, except as provided in Section 34.5.
  3. The arbitrator's award will be issued no later than 60 days after the commencement of the arbitration hearing. During the period prior to the issuance of the arbitrator's award, the new work or time standards will not be implemented beyond the test cities, and no new tests of the new standards will be initiated. Data gathering efforts or work or time studies, however, may be conducted during this period in any installation.
  4. The issue before the arbitrator will be whether the national concepts involved in the new work or time standards are fair, reasonable and equitable.
  5. In the event the arbitrator rules that the national concepts involved in the new work or time standards are not fair, reasonable and equitable, such standards may not be implemented by the Employer until they are modified to comply with the arbitrator's award. In the event the arbitrator rules that the national concepts involved in the new work or time standards are fair, reasonable and equitable, the Employer may implement such standards in any installation. No further grievances concerning the national concepts involved may be initiated.

CIM

Section 34.4 provides that if no grievance is filed by the Union at the National level, the Postal Service may implement the new work or time standards at its discretion. If a grievance is filed by the Union at the National level and is unresolved after 10 days, the matter may be submitted to priority arbitration by the Union; any such submission must be made within 5 days. While the dispute is pending, live implementation of the new or changed work measurement system or work or time standard may occur in the test sites (except as provided in Section 34.5 hereunder.)

As noted, while the arbitrator’s decision is pending, the new systems or standards will not be implemented beyond the test cities. During this interim period, however, the Postal Service may continue to gather data or conduct related time studies in any other facility pending receipt of the arbitration decision.

The issue before the arbitrator will be whether the national concepts involved in the new work or time standards are fair, reasonable and equitable.

Question: Is there any recourse if the Union and Management do not agree on proposed work measurement systems or work and/or time standards?

Answer: The Union may file a grievance at the National level to determine whether the new system or standard is fair, reasonable and equitable.

Section 34.5 Union Studies

After receipt of notification provided for in Section 2.D of this Article, the Union shall be permitted to make time or work studies in the test cities. The Union shall notify the Employer within ten (10) days of its intent to conduct such studies. The Union studies shall not exceed ninety (90) days, from the date of such notice, during which time the Employer agrees to postpone implementation in the test cities. There shall be no disruption of operations or of the work of employees due to the making of such studies. Upon request, the Union shall be permitted to examine relevant available technical information, including final data worksheets, that were used by the Employer in the establishment of the new or changed work or time standards. The Employer is to be kept informed during the making of such Union studies and, upon the Employer's request, the Employer shall be permitted to examine relevant available technical information, including final data worksheets, relied upon by the Union.

CIM

This section provides that, after receiving the notification required by Section 34.2D, the Union may conduct its own time or work studies in the test cities. These studies may not exceed 90 days, and during this period the Postal Service agrees to postpone implementation in the test cities.

(The preceding Article, Article 34, shall apply to Mail Handler Assistant employees.)

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