Article 37 Special Provisions

Article 37 Special Provisions

Section 37.1 Mail Handler Watchmen

Former mail handler watchmen, whose positions have been abolished, shall continue to be treated in accordance with the seniority, posting and reassignment provisions of this Agreement.

CIM

The Postal Reorganization Act of 1970, in Sections 1201 and 1202 of Title 39 of the United States Code, excludes “any individual employed as a security guard” from the production and maintenance bargaining units of the Postal Service. Mail handler watchmen positions have been eliminated, first through attrition and then through the procedures required by Article 12.

As stated in this section, former watchmen previously represented by the NPMHU, whose positions have been abolished, shall continue to be treated in accordance with the seniority, posting, and reassignment provisions of the National Agreement.

Section 37.2 Inspection of Lockers

The Employer agrees that, except in matters where there is reasonable cause to suspect criminal activity, a steward or the employee shall be given the opportunity to be present at any inspection of employees' lockers. For a general inspection where employees have had prior notification of at least a week, the above is not applicable.

CIM

For any inspection of an employee’s locker that is not based on reasonable cause to suspect criminal activity, or any general inspection of lockers where employees have not had prior notification of at least a week, either a steward or the employee(s) affected shall be given the opportunity to be present at the inspection.

Section 37.3 Local Distribution of Personnel Action Roster Notices

Copies of information bulletins, which contain notification of personnel changes and are currently posted on post office bulletin boards, will be given to the Mail Handlers Union on a regular basis.

Section 37.4 Energy Shortages

In the event of an energy crisis, the Employer shall make every reasonable attempt to secure a high priority from the appropriate Federal agency to obtain the fuel necessary for the satisfactory maintenance of postal operations. In such a case, or in the event of any serious widespread energy shortage, the Employer and the Union shall meet and discuss the problems and pro- posed solutions through the Labor-Management Committee provided in Article 38.

(The preceding Section, Article 37.4, shall apply to Mail Handler Assistant employees.)

Section 37.5 Local Policy on Telephones

The parties recognize that telephones are for official USPS business. However, the Employer at the local level shall establish a policy for the use of telephones by designated Union representatives for legitimate business related to the administration of this Agreement, subject to sound business judgment and practices.

CIM Sections 37.3, .4, .5

The Postal Service at the local level is required to establish a policy, subject to sound business judgment and practices, for the use of telephones by designated Union representatives for legitimate business related to the administration of the National Agreement.

Section 37.6 Fatigue

The subject of fatigue, as it relates to the safety and health of mail handler employees, is a proper subject for discussion in local Joint Labor-Management Safety and Health Committee meetings.

CIM

Additional provisions regarding meetings of the local Joint Labor-Management Safety and Health Committee are found in Article 14 (Sections 14.7 and 14.8).

Section 37.7 Saved Grade Retention

An employee shall not lose Saved Grade by bidding on preferred duty assignments in the position and level assigned.

CIM

See further Article 4 (Section 4.4) and Article 9 (Section 9.6B).