Formatting § 7.1.iii NA2022

MOU Re: Mail Handler Assistant Employees

The following general principles concerning Mail Handler Assistant Employees (MHAs) shall apply:

1. General Principles
1. The MHA work force is comprised of noncareer, mail handler bargaining unit employees.
2. MHAs shall be hired for terms of 360 calendar days and will have a break in service of 5 days if reappointed.
3. Leave provisions for MHAs are included in Attachment A to this MOU.
4. For MHA percentage use allowances, see Article 7.1B.
5. 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.
6. 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.
2. 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
   
   1. 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.
   2. 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
   * * * * *

   7. 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. 143 HOURS OF WORK Section 2. Work Schedules
      1. 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.
      2. 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
      • * * * *
      G. 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. D. Any MHA who is scheduled to work and who reports to work in an installation with 200 or more work years of employment shall be guaran- teed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours work or pay. Section 9. Wash-up Time Installation heads shall grant reasonable wash-up time to those employees who perform dirty work or work with toxic materials. The amount of wash-up time granted each employee shall be subject to the grievance procedure. Article 9 SALARIES AND WAGES Section 7. Mail Handler Assistant Employees In addition to the general increases provided in Article 9.1, MHAs will receive an increase of 1.0% annually, for a total of 2.3% effective No- vember 19, 2022, 2.3% effective November 18, 2023, and 2. 3% effec- tive November 16, 2024. All percentage increases are applied to the wage rates in effect on Sep- tember 20, 2022. In addition, the current MHA rate for Grade 4 and Grade 5 will be increased by $0.50 effective (PP25-2022) November 19, 2022. Article 10 LEAVE Section 2. Leave Regulations A. The leave regulations in Subchapter 510 of the Employee and Labor Relations Manual, insofar as such regulations establish wages, hours and working conditions of employees covered by this Agreement, other than MHAs, shall remain in effect for the life of this Agreement. B. Career employees will be given preference over noncareer employees when scheduling annual leave. This preference will take into considera- tion that scheduling is done on a tour-by-tour basis and that employee skills are a determining factor in this decision. C. Article 30 of the National Agreement and Local Memoranda of Under- standing provisions do not apply to MHAs, except as specifically refer- enced in the 2022 National Agreement and as follows: During the local implementation period, the parties may agree to include provisions in the local memoranda of understanding to permit MHAs to apply for annual leave during choice vacation periods, as defined in Article 10 of the Na- tional Agreement. Granting leave under such provisions must be contin- gent upon the MHA having a leave balance of at least forty (40) hours. Article 11 HOLIDAYS
      • * * * *
      Section 1. Holidays Observed The following six (6) days shall be considered holidays for MHAs: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Section 3. Payment C. The number of hours of holiday leave pay for MHAs will be based on the following: • 200 Work Year offices – 8 hours • POSTPlan offices – 4 hours • All other offices – 6 hours MHAs who work on a holiday may, at their option, elect to have their annual leave balance credited with 6 or 8 hours (as applicable). 145 leave during choice vacation periods, as defined in Article 10 of the Na- tional Agreement. Granting leave under such provisions must be contin- gent upon the MHA having a leave balance of at least forty (40) hours. Article 11 HOLIDAYS
      • * * * *
      Section 1. Holidays Observed The following six (6) days shall be considered holidays for MHAs: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Section 3. Payment C. The number of hours of holiday leave pay for MHAs will be based on the following: • 200 Work Year offices – 8 hours • POSTPlan offices – 4 hours • All other offices – 6 hours MHAs who work on a holiday may, at their option, elect to have their annual leave balance credited with 6 or 8 hours (as applicable). Section 6. Holiday Schedule D. Mail Handler Assistant Employees MHAs will be scheduled for work on a holiday or designated holiday after all full-time or part-time volunteers are scheduled to work on their holiday or designated holiday. They will be scheduled, to the extent possible, prior to any full-time volunteers or non-volunteers being scheduled to work a nonscheduled day or any full-time non-volunteers being required to work their holiday or designated holiday. If the parties have locally negotiated a pecking order that would schedule full-time volunteers on a nonscheduled day, the Local Memorandum of Understanding will apply. Article 14 Article 15 Article 16, to the extent specified below. Article 17, Sections 2, 3, 4, 5, and 6 Article 18 Article 19 HANDBOOKS AND MANUALS
      • * * * *
      Article 19 shall apply in that those parts of all handbooks, manuals and published regulations of the Postal Service, which directly relate to wages, hours, or working conditions shall apply to MHAs only to the extent con- sistent with other rights and characteristics of MHAs provided for in this Agreement. The Employer shall have the right to make changes to hand- books, manuals and published regulations as they relate to MHAs pursuant to the same standards and procedures found in Article 19 of this Agree- ment. Article 20 Article 22 Article 23 Article 24 Article 27 Article 28 Article 31 Article 32 Article 34 Article 35 Article 36 Article 37.4 Article 39 Only the following Memoranda of Understanding from the 2022 National Agreement shall apply to MHAs: Leave Sharing LWOP In Lieu of SL/AL Administrative Leave for Bone Marrow, Stem Cell, Blood Platelet, and Organ Donations Bereavement Leave Interest on Back Pay Processing of Post-Separation and Post-Removal Grievances MHA Separations and Reappointments One-Time MHA Conversion Relative Standing of Mail Handler Assistants and Subsequent Seniority Upon Conversion to Career Mail Handler Potential for MHA PTF Opportunities Filling of Residual Vacancies PTFs in 200 Man Year Facilities Subject to Excessing Purge of Warning Letters Wounded Warrior Leave LOI Mail Handler Assistants in Excess of Percentage Caps Clarification of Regulations for National Day of Observance Workplace Free of Harassment 147 Article 32 Article 34 Article 35 Article 36 Article 37.4 Article 39 Only the following Memoranda of Understanding from the 2022 National Agreement shall apply to MHAs: Leave Sharing LWOP In Lieu of SL/AL Administrative Leave for Bone Marrow, Stem Cell, Blood Platelet, and Organ Donations Bereavement Leave Interest on Back Pay Processing of Post-Separation and Post-Removal Grievances MHA Separations and Reappointments One-Time MHA Conversion Relative Standing of Mail Handler Assistants and Subsequent Seniority Upon Conversion to Career Mail Handler Potential for MHA PTF Opportunities Filling of Residual Vacancies PTFs in 200 Man Year Facilities Subject to Excessing Purge of Warning Letters Wounded Warrior Leave LOI Mail Handler Assistants in Excess of Percentage Caps Clarification of Regulations for National Day of Observance Workplace free of harassment. 3. Other Provisions A. Article 15 1. The parties recognize that MHAs will have access to the grievance procedure for those provisions which the Board Award applies to MHAs. 2. Nothing herein will be construed as a waiver of the employer’s obliga- tion under the National Labor Relations Act. MHAs will not be dis- charged for exercising their rights under the grievance-arbitration proce- dure. 3. The separation of MHAs upon completion of their 360-day term and the decision to not reappoint MHAs to a new term are not grievable, ex- cept where it is alleged that the decision to not reappoint is pretextual. MHAs may be separated during their term of appointment for lack of work at any time. Such separation is not grievable except where it is alleged that the separation is pretextual. Separations for lack of work shall be by inverse relative standing in the installation. MHAs separated for lack of work before the end of their term will be given preference for reappoint- ment ahead of other MHAs with less relative standing and ahead of other applicants who have not served as MHAs, provided that the need for hir- ing arises within twelve (12) months of their separation. MHAs may be disciplined or removed within the term of their appoint- ment for just cause and any such discipline or removal will be subject to the grievance arbitration procedure, provided that within the immediately preceding six months, the employee has completed ninety (90) work days, or has been employed for 120 calendar days (whichever comes first) of their initial appointment. In the case of removal for cause within the term of an appointment, a MHA shall be entitled to advance written notice of the charges against him/her in accordance with the provisions of Article 16 of the National Agreement. 4. Discipline for an MHA who does have access to the grievance- arbitration procedure does not generally have to be issued in the same progressive manner as discipline issued to a career employee. However, an appropriate element of just cause is that discipline should be progres- sive and corrective in nature rather than punitive. When management re- moves or otherwise disciplines an MHA, determining whether the disci- plinary action taken is appropriate must be based on the individual facts and circumstances of each case. B. Article 25, Higher Level Pay In the event a MHA is temporarily assigned to a higher level position, such employee will be paid at the higher level only for the time actually spent on such job. This language should not be construed to encourage the Postal Service to temporarily assign such employees to higher level posi- tions. When the opportunity exists for higher level assignment, the princi- ple of preference for career employees over MHAs should be utilized. C. Health Insurance After an initial appointment for a 360-day term and upon reappointment to another 360-day term, any eligible noncareer MHA who wants to pay health premiums to participate in the Federal Employees Health (FEHB) Program on a pre-tax basis will be required to make an election to do so in accordance with applicable procedures. The total cost of health insurance is the responsibility of the noncareer MHA except as provided below. The Postal Service will make a bi-weekly contribution to the total premium for any MHA who wishes to participate in the USPS Noncareer Health Care Plan (USPS Plan) equal to the greater of (a) $125, or (b) the minimum re- quired by the Patient Protection and Affordable Care Act, and applicable regulations, for self-only. The Postal Service will make a bi-weekly contribu- tion equal to 65% of the total premium for any MHA who wishes to partici- pate in the USPS Plan for either self plus one or family coverage during the MHA’s initial year of non-career employment. After an MHA’s first year of employment, the Postal Service will make a bi-weekly contribution equal to 75% of the total premium for either self plus one or family coverage. Any MHA employee wishing to make their health care contribution on a pre-tax basis will be required to make an election to do so in accordance with appli- cable procedures. All MHAs will be eligible for the USPS Plan within a reasonable period from the date of hire and entry into a pay status, consistent with the requirements established under the Patient Protection and Affordable Care Act. The Postal Service shall continue to provide the USPS Plan with self-only, self plus one, and family options for the duration of this Agreement. On a monthly basis, the Postal Service will provide the Union with a list of MHAs enrolled in the USPS Plan. On an annual basis, the Postal Service will provide the Union with in- formation about premium and claim experience, actuarial value and 149 4. Discipline for an MHA who does have access to the grievance- arbitration procedure does not generally have to be issued in the same progressive manner as discipline issued to a career employee. However, an appropriate element of just cause is that discipline should be progres- sive and corrective in nature rather than punitive. When management re- moves or otherwise disciplines an MHA, determining whether the disci- plinary action taken is appropriate must be based on the individual facts and circumstances of each case. B. Article 25, Higher Level Pay In the event a MHA is temporarily assigned to a higher level position, such employee will be paid at the higher level only for the time actually spent on such job. This language should not be construed to encourage the Postal Service to temporarily assign such employees to higher level posi- tions. When the opportunity exists for higher level assignment, the princi- ple of preference for career employees over MHAs should be utilized. C. Health Insurance After an initial appointment for a 360-day term and upon reappointment to another 360-day term, any eligible noncareer MHA who wants to pay health premiums to participate in the Federal Employees Health (FEHB) Program on a pre-tax basis will be required to make an election to do so in accordance with applicable procedures. The total cost of health insurance is the responsibility of the noncareer MHA except as provided below. The Postal Service will make a bi-weekly contribution to the total premium for any MHA who wishes to participate in the USPS Noncareer Health Care Plan (USPS Plan) equal to the greater of (a) $125, or (b) the minimum re- quired by the Patient Protection and Affordable Care Act, and applicable regulations, for self-only. The Postal Service will make a bi-weekly contribu- tion equal to 65% of the total premium for any MHA who wishes to partici- pate in the USPS Plan for either self plus one or family coverage during the MHA’s initial year of non-career employment. After an MHA’s first year of employment, the Postal Service will make a bi-weekly contribution equal to 75% of the total premium for either self plus one or family coverage. Any MHA employee wishing to make their health care contribution on a pre-tax basis will be required to make an election to do so in accordance with appli- cable procedures. All MHAs will be eligible for the USPS Plan within a reasonable period from the date of hire and entry into a pay status, consistent with the requirements established under the Patient Protection and Affordable Care Act. The Postal Service shall continue to provide the USPS Plan with self-only, self plus one, and family options for the duration of this Agreement. On a monthly basis, the Postal Service will provide the Union with a list of MHAs enrolled in the USPS Plan. On an annual basis, the Postal Service will provide the Union with in- plan performance including any measure of employee satisfaction, num- ber and types of complaints, speed of claim processing, etc. On an annual basis, the Postal Service will provide the Union its pro- posed USPS Plan design for the upcoming year, including plan options beyond self-only and family, to allow the Union timely input into any decision about changes. It is understood, however, that the final decision on plan design is solely vested in the Postal Service. If an eligible noncareer MHA elects to participate in the FEHB/PSHB* Pro- gram after an initial appointment for a 360-day term and upon reappointment to another 360-day term, the Postal Service will make a contribution toward the total premium for any eligible MHA who selects the Mail Handler Benefit Plan (MHBP) Value Plan or MHBP Consumer Option. For self-only enroll- ment, this contribution shall be equal to, but no greater than, the dollar amount of the Postal Service’s contribution toward self-only coverage for MHAs under the USPS Plan. For self plus one or family coverage, the contri- bution shall be equal to, but no greater than, the dollar value of 75% of the total premium for self plus one or family coverage under the USPS Plan.
      • As of January 2025, the Postal Service Health Benefits Program
      (“PSHB Program”) D. MHA Career Opportunity When the Postal Service determines in accordance with contractual provi- sions that it has needs to fill vacancies with new career employees, availa- ble and qualified MHAs will be converted to fill such vacancies based on their relative standing in the installation, which is determined by their initial MHA appointment date in that installation. Effective with the sec- ond full pay period after bargaining-unit ratification of the 2019 National Agreement and solely for 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. E. Retirement Savings Plan The parties will explore the steps necessary for the establishment of 401(k)-type retirement savings plans and/or payroll allotments for Indi- vidual Retirement Accounts for MHAs. Alternatively, if the NPMHU establishes a 401(k) retirement savings plan for MHAs, the Postal Service agrees to implement the necessary steps for payroll deductions for this plan. The Postal Service will not be required to make any matching con- tributions as part of such plans.