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NPMHU 2019 National Agreement: Difference between revisions
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NPMHU 2019 National Agreement (view source)
Revision as of 22:07, 22 December 2021
, 22 December 2021→Section 1.6 Performance of Bargaining Unit Work
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(The preceding Article, Article 1, shall apply to Mail Handler Assistant employees.) | (The preceding Article, Article 1, shall apply to Mail Handler Assistant employees.) | ||
[See Memo, page 129] | [See Memo, page 129] | ||
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Memo | |||
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==== MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL POSTAL MAIL HANDLERS UNION AND THE UNITED STATES POSTAL SERVICE ==== | |||
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 parties also recognized that they might need to discuss application or modification 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 employees 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 employees 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 volunteers will be allowed to transfer out of their impacted installation in accordance with the MOU on Transfer Opportunities to Minimize Excessing. | |||
A. 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 minimize 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, attendance, and safety records will not be considered when applying for transfer as a result of impending excessing. | |||
168 | |||
(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 affected employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of transfer to coincide with the start of a pay period at the gaining installation. The losing installation will coordinate between the employee and the gain- ing installation. | |||
D. The Postal Service will not provide affected employees requesting a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized vacancies 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 Opportunities. 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 installation. | |||
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 established 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 be- fore they receive written notice of their report date to the new installation. By doing so, the affected employee’s name will be removed from the priority eReassign pending request list at the declined location. | |||
4. Simultaneous (duplicate) requests for transfer by the same employee to the same craft and installation in eReassign are not permitted. | |||
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. | |||
169 | |||
8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Ad- ministrative Committee. | |||
9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation. | |||
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CIM | |||
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Section 1.6A prohibits supervisors in offices with 100 or more bargaining unit | |||
employees from performing mail handler bargaining unit work, except for the | |||
reasons specifically enumerated. Section 1.6B provides that in offices with fewer | |||
than 100 bargaining unit employees, supervisors are prohibited from performing | |||
bargaining unit work, except for the reasons specifically enumerated in Section | |||
1.6A or when the duties are included in the supervisors’ position description. | |||
Question: Can an employee on a 204-b assignment perform bargaining unit | |||
work? | |||
Answer: No. An employee serving as a temporary supervisor (204-b) is | |||
prohibited from performing bargaining unit work except to the extent otherwise | |||
provided in Section 1.6 and in the Memorandum of Understanding Re: | |||
USPS – NPMHU Contract Interpretation Manual | |||
Version 5 – June 2021 Article 1 – Page 6 | |||
Overtime/Acting Supervisor (204B) Detailed EAS Position discussed under | |||
Article 8. | |||
Question: What is the definition of “post office” for purposes of Article 1, Section | |||
1.6? | |||
Answer: The provisions of Section 1.6A as they relate to the proper definition of | |||
“post office” were arbitrated at the national level in case number AB-NAT-1009. | |||
In his award, Arbitrator Gamser rejected the Postal Service’s position that there | |||
are stations and branches which act or function just like post offices. Arbitrator | |||
Gamser’s award sustaining the grievance quoted a postal witness in a NLRB | |||
proceeding as follows: | |||
“Post Office or postal installation is a mail processing and delivery activity under | |||
the head of a single manager. That could range from a single small Post Office | |||
to a large Post Office with several associated stations and branches which are | |||
responsible to the single manager or could include a large Post Office with many | |||
stations and branches, even over 100 stations and branches including related | |||
activities such as vehicles and motor facility or an air mail facility, all of which are | |||
part of that single postal installation.” | |||
Further, Arbitrator Gamser accepted the definition of an installation as defined in | |||
Article 38 of the 1973 National Agreement. | |||
“...Installation. A main post office, airport mail facility, terminal or any similar | |||
organizational unit under the direction of one postal official, together with | |||
stations, branches and other subordinate units.” (Emphasis supplied) | |||
Source: National Arbitration Award AB-NAT-1009, Arbitrator H. Gamser, dated | |||
June 8, 1974. | |||
Question: How is it determined whether an office has 100 or more bargaining | |||
unit employees? | |||
Answer: At the beginning of each Agreement period, a count is made of all | |||
employees represented by the APWU, NALC and NPMHU to determine which | |||
offices have 100 or more employees. The resultant list – which adds together | |||
employees in all three of these bargaining units – is effective for the life of the | |||
Agreement and does not change during the Agreement. | |||
Question: How is “emergency” defined for purposes of this Section? | |||
Answer: The definition of emergency found in Article 3 (Section 3.6) is used in | |||
this Section: “an unforeseen circumstance of a combination of circumstances | |||
which calls for immediate action in a situation which is not expected to be of a | |||
USPS – NPMHU Contract Interpretation Manual | |||
Version 5 – June 2021 Article 1 – Page 7 | |||
recurring nature.” Normally, an increase in mail volume is not, in and of itself, an | |||
emergency situation.</div></div> | |||
== ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS == | == ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS == | ||