Formatting § 12.3.E4 NA2022

MOU Joint Task Force on Article 12

The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award:  Whether management should notify the union when an installa- tion is released from withholding, in whole or in part  Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing through the grievance and arbitration process. 175 MEMORANDUM OF UNDERSTANDING JOINT TASK FORCE ON ARTICLE 12 The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award:  Whether management should notify the union when an installa- tion is released from withholding, in whole or in part  Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing thro

MOU Involuntarily Reassigned

Under Article 12.6B1, the dislocation and inconvenience to full-time em- ployees and part-time flexible employees who are being involuntarily reassigned shall be kept to the minimum consistent with the needs of the service. In addition, under Article 12.6B2, the Vice President, Area Oper- ations shall give full consideration to withholding sufficient full-time posi- tions and part-time flexible positions within the area for full-time employ- ees and part-time flexible employees who may be involuntarily reassigned. The Joint Task Force on Article 12 shall meet after the effective date of this Agreement to explore ways to reduce unnecessary impact on career employees while maintaining utilization of the non-career workforce

MOU Section 12.3 Principles of Posting

When either Article 12.3B4, B5 or B6 are applicable, requiring a bid to be reposted while the total number of bids in the section remains the same, an expedited selection process shall be applied. The duty assignments en- cumbered by the employees junior to the senior employee whose bid is reposted will be offered, in seniority order, to the employees remaining in the section beginning with the senior employee whose bid is reposted. An employee(s) declining to make a selection when canvassed shall be as- signed to the duty assignment(s) remaining in the section after the expe- dited selection process has been completed. The results of the above listed actions shall be effective at the beginning of the succeeding pay period. The bid being reposted in accordance with Article 12.3B4, B5 or B6 will be posted for the installation and not included in the expedited selection process. After the expedited bidding process, the junior employee left without a duty assignment shall retain the right to retreat to the section from which withdrawn as detailed in Section 12.6C4c.

MOU RE: Excessing Issues

This Memorandum of Understanding (MOU) represents the parties’ agreement with regard to mail handler employees who are being involun- tarily reassigned into mail handler craft vacancies in other installations, after being excessed from their present installation. 1. Mail Handlers will be placed into mail handler vacancies at the gaining installation at the same, higher, or lower level for which they are qualified. 2. Mail Handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time employee, part- time regular, part-time flexible), without concern to level. 3. If a veteran preference eligible is reached when assigning im- pacted or unassigned employees to lower level duty assignments the following will apply: a. The most junior non-preference eligible same lev- el mail handler in the gaining installation shall be reassigned to the lower level vacancy. b. The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler. c. Any employee reassigned to a lower level duty as- signment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade. d. The non-preference eligible mail handler moved to the lower level duty assignment shall have retreat rights back to the former duty assignment the first time it becomes vacant. e. A veteran preference eligible mail handler for per- sonal convenience may waive the right to appeal through the grievance process, to the Equal Employment Opportunity Commission, and/or to the Merit Systems Protection Board and select a duty assignment at a lower level with saved grade with the same saved grade in 3c above. f. If no Level 5 vacancies exist, or if all Level 5 oc- cupied positions at the gaining installation are occupied by veteran preference eligible mail handlers, the withholding ra- dius will be expanded to allow for placement unless the veter- an preference eligible applies 3e above. 4. The Regional Director for the National Postal Mail Handlers Union (NPMHU) will receive at least 30-days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted em- ployees will receive the same notice at least 30 days in advance. 5. The Regional Director for the NPMHU will receive at least 60-days notice for excessing outside of the installation where employee relocation benefits are applicable. Such notice shall include a list of potential vacan- cies for reassignments. Impacted employees will receive the same notice at least 60 days in advance. 6. Impacted mail handlers, and senior in lieu of volunteers, may be placed as unassigned regular mail handlers in the gaining installation (A Level 5 veteran preference employee who has been involuntarily excessed will be subject to paragraph 3 above), provided that local management has completed a bid management review with area concurrence and sufficient vacancies will be available for placement of all such unassigned regular employees (regardless of level) within three months of the date the em- ployees were placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immediately placed into the first available residual vacancy by management in accordance with the provi- sions of Article 12 of the National Agreement, provided that Level 5 vet- eran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacancies or in accordance with para- graph 3. 7. The Postal Service (USPS) has agreed to develop an enhancement to eReassign to enable mail handlers from an impacted installation to receive priority consideration for a voluntary transfer. Management will accept the employee at the gaining installation without a review. However, regu- lar transfer rules concerning other issues such as seniority, status, no relo- cation benefits, and no retreat rights will continue pursuant to items F, G, H, and I of the MOU, Re: Transfers. 8. Any disputes arising from the terms of this MOU, or other Article 12 local issues, will be resolved by the National NPMHU-USPS Article 12 Task Force. If the Article 12 Task Force cannot agree upon a resolution, either party may declare an impasse. Each party will identify the issue in dispute in writing within 30 days after the declared impasse on the subject. The identified dispute will then be placed on the appropriate arbitration docket.

MOU “SAME OR LOWER” LEVEL

For purposes of implementing “same or lower” level or “same or lower” salary level under the National Agreement, in Articles 6, 12, and 13, the parties agree that MH Level 4 is the same level as PS Level 5 and that MH Level 5 is the same level as PS Level 6. Exhibit 418.1, Equivalent Grades, of the ELM and other ELM provisions, as necessary, will be amended accordingly.

MOU Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers

In their 2006 National Agreement, the parties agreed to a Joint Task Force on Article 12 for the purpose of discussing and reviewing issues that arise as a result of implementing the provisions of Articles 12.5 and 12.6. In addition, in August 2009, the parties agreed to a Memorandum of Under- standing, Re: One-Time Retirement Incentive, as well as a moratorium on excessing from the date of that MOU through October 9, 2009. The par- ties also recognized that they might need to discuss application or modifi- cation of the requirements under Article 12 based on the impact of that MOU. The parties have continued to meet at the National level, and have reached the following additional agreements with regard to Mail Handler employ- ees in installations experiencing excessing from the installation who seek transfer opportunities under Article 12 and the MOU on Transfers. 1. All Mail Handler employees in the installation, including those em- ployees experiencing excessing from the installation, may voluntarily submit a request for transfer through eReassign. These employees will be placed on a preferred listing within eReassign by date order. These volun- teers will be allowed to transfer out of their impacted installation in ac- cordance with the MOU on Transfer Opportunities to . Affected employees requesting transfer must meet the mini- mum qualifications for the position being considered. B. In accordance with applicable provisions of the EL-312 Hand- book, nepotism rules are still in effect. C. The following sections of the Memorandum of Understanding, Re: Transfers (pages 128-130 of the 2006 National Agreement) are modified in order to accommodate transfer opportunities to mini- mize excessing. Specifically: (1) Sections B & C (page 128) — Ratios contained in the Transfer MOU are not applicable to affected employees applying for transfer as a result of impending excessing. (2) Section D (page 129) — Affected employees work, attend- ance, and safety records will not be considered when applying for transfer as a result of impending excessing. (3) Section E (page 129) — A minimum of 30 days notice to the losing installation will be afforded if possible. Neither the gaining nor losing installation can place a hold on the employee. The affect- ed employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of trans- fer to coincide with the start of a pay period at the gaining installa- tion. The losing installation will coordinate between the employee and the gaining installation. D. The Postal Service will not provide affected employees request- ing a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized va- cancies will post them in eReassign as Reassignment Opportunities. Employees can request reassignment to these specific positions. It is the responsibility of the affected employee requesting a transfer to check on a regular basis in eReassign for Reassignment Opportuni- ties. Employees may also request transfers to offices that do not have reassignment opportunities listed on eReassign. 2. Selections by installations accepting transfer requests will be on a seniority basis using craft installation seniority from the losing instal- lation. A. In the event of a seniority tie, the tie breaker method will be as follows: (1) total career postal time, and (2) entered on duty date. B. An employee’s seniority in the gaining installation is estab- lished by the National Agreement based on the employee being a voluntary transfer (not excessed) employee. 3. An employee accepting a transfer under the priority consideration will have his/her name removed from the priority eReassign pending request list at all locations. Affected employees requesting a transfer can change their mind and decline a transfer opportunity before they receive written notice of their report date to the new in- stallation. By doing so, the affected employee’s name will be re- moved from the priority eReassign pending request list at the de- clined location. 4. Simultaneous (duplicate) requests for transfer by the same em- ployee to the same craft and installation in eReassign are not permit- ted. 5. Employees may receive a printed confirmation of their request through eReassign. 6. In installations under Article 12 withholding, withheld Mail Handler vacancies are not available for transfer requests. 7. As a result of the MOU, there are no changes to the Article 12 time frames for notification to the union. 8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Administrative Committee. 9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation

MOU Workforce Repositioning

The parties are committed to work together to the extent it becomes neces- sary to close or consolidate postal plants or other facilities. The parties will explore available options that can address related workforce issues. The Postal Service will meet with the Union at the national level to dis- cuss plans to close or consolidate postal plants or other facilities and to discuss and consider changes to such plans based on input from the Union. Those discussions will include appropriate consideration of the principles and requirements of the applicable provisions of Article 12, including the principle that, in effecting reassignments and dislocation and inconven- ience to employees shall be kept to a minimum, consistent with the needs of the Postal Service. Nothing in this memorandum is intended to negate or alter the applicable requirements of Article 12 of the National Agreement. This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement

MOU Page 181

§ 12.3.E4.ix NA2022 § 12.3.E4.x NA2022 § 12.3.E4.xi NA2022 § 12.3.E4.xii NA2022