NPMHU 2019 National Agreement

Preamble

ARTICLE 1 UNION RECOGNITION

Article 1 Union Recognition

ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS

ARTICLE 2 Non-Discrimination and Civil Rights

ARTICLE 3 MANAGEMENT RIGHTS

Article 3 Management Rights

ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES

Article 4 Technological and Mechanization Changes

ARTICLE 5 PROHIBITION OF UNILATERAL ACTION

Article 5 Prohibition of Unilateral Action

ARTICLE 6 LAYOFF AND REDUCTION IN FORCE

Article 6 Layoff and Reduction in Force

Section 6.1 General Principles

Each employee who is employed in the regular work force as of the date of the Award of Arbitrator James J. Healy, September 15, 1978, shall be protected henceforth against any involuntary layoff or force reduction.

It is the intent of this provision to provide security to each such employee during his or her work lifetime.
Members of the regular work force, as defined in Article 7 of the Agreement, include full-time regulars, part-time employees assigned to regular schedules and part-time employees assigned to flexible schedules.

Employees who become members of the regular work force after the date of this Award, September 15, 1978, shall be provided the same protection afforded under Section 6.1A1 above on completion of six years of continuous service and having worked in at least 20 pay periods during each of the six years.
With respect to employees hired into the regular work force after the date of this Award and who have not acquired the protection provided under Section 6.1B above, the Employer shall have the right to effect layoffs for lack of work or for other legitimate rea- sons. This right may be exercised in lieu of reassigning employees under the provisions of Article 12, except as such right may be modified by agreement. Should the exercise of the employer's right to lay off employees require the application of the provisions of Chapter 35 of Title 5, United States Code, employees covered by that Chapter with less than three years of continuous civilian federal service will be treated as "career conditional" employees.

The Employer's right as established in this section shall be effective July 20, 1979. The following terms as to the employees' and employer's rights and the rules and procedures to be followed in the implementation of Article 6 are a part of the September 15, 1978 Final Resolution and shall be final and binding upon the parties:

[See Memo, page 132]

MEMORANDUM OF UNDERSTANDING ARTICLE 6 - LAYOFF PROTECTION

Each employee who is employed in the regular work force as of September 20, 2019, and who has not acquired the protection provided under Article 6 shall be protected henceforth against any involuntary layoff or force reduction during the term of this Agreement. It is the intent of this Memorandum of Understanding to provide job security to each such employee during the term of this Agreement; however, in the event Congress repeals or significantly relaxes the Private Express Statutes this Memorandum shall expire upon the enactment of such legislation. In addition, nothing in this Memorandum of Understanding shall diminish the rights of any bargaining-unit employees under Article 6. Since this Memorandum of Understanding is being entered into on a nonprecedential basis, it shall terminate for all purposes at, midnight September 20, 2022 and may not be cited or used in any subsequent dispute resolution proceedings.

Section 6.2 Coverage

Employees Protected Against Any Involuntary Layoff or Force Reduction Those employees who occupy full-time, part-time regular or part- time flexible positions in the regular work force (as defined in Article 7) on September 15, 1978, are protected against layoff and reduction in force during any period of employment in the regular work force with the United States Postal Service or successor organization in his or her lifetime. Such employees are referred to as "protected employees." Other employees achieve protected status under the provisions of Section 6.2C below.
Employees Subject to Involuntary Layoff or Force Reduction Except as provided in Sections 6.2A and 6.2C, all employees who enter the regular work force, whether by hire, transfer, demotion, reassignment, reinstatement, and reemployment on or after September 16, 1978, are subject to layoff or force reduction and are referred to as "non-protected employees."
Non-Protected Employees Achieving Protected Status

A non-protected employee achieves protected status upon completion of six years of continuous service in the regular work force. The service requirement is computed from the first day of the pay period in which the employee enters the regular work force. To receive credit for the year, the employee must work at least one hour or receive a call-in guarantee in lieu of work in at least 20 of the 26 pay periods during that anniversary year. Absence from actual duty for any of the following reasons will be considered as "work" solely for the purposes of this requirement:

To the extent required by law, court leave, time spent in military service covered by Chapter 43 of Title 38, or time spent on continuation of pay, leave without pay or on OWCP rolls because of compensable injury on duty.

Time spent on paid annual leave or sick leave, as provided for in Article 10 of the Agreement.

Leave without pay for performing Union business as provided for in Article 24 of the Agreement.

All other unpaid leave and periods of suspension or time spent in layoff or RIF status will not be considered work. Failure to meet the 20 pay period requirement in any given anniversary year means the employee must begin a new six year continuous service period to achieve protected status.

Temporary details outside of the regular work force in which the employee's position of record remains in the regular work force count toward fulfilling the 20 pay periods of work requirement per year.
If a non-protected employee leaves the regular work force for a position outside the Postal Service and remains there more than 30 calendar days, upon return the employee begins a new service period for purposes of attaining six years continuous service.
If a non-protected employee leaves the regular work force and returns within two years from a position within the Postal Service the employee will receive credit for previously completed full anniversary years, for purposes of attaining the six years continuous service.

Section 6.3 Preconditions for Implementation of Layoff and Reduction in Force

The Union shall be notified at its Regional level no less than 90 days in advance of any layoff or reduction in force that an excess of employees exists or will exist at an installation and that a layoff and reduction in force may be necessary. The Employer will ex- plain to the Union the basis for its conclusion that legitimate business reasons require the excessing and possible separation of employees.
No employee shall be reassigned under this Article or laid off or reduced in force unless and until that employee has been notified at least 60 days in advance that he or she may be affected by one or the other of these actions.
The maximum number of excess employees within an installation shall be determined by seniority unit within each category of employees (full-time, part-time regular, part-time flexible). This number determined by the Employer will be given to the Union at the time of the 90-day notice.
Before implementation of reassignment under this Article or, if necessary, layoff and reduction in force of excess employees within the installation, the Employer will, to the fullest extent possible, minimize the amount of overtime work, minimize the hours of Mail Handler Assistants, and minimize part-time flexible hours in the positions or group of positions covered by the seniority unit as defined in this Agreement or as agreed to by the parties. In addition, the Employer shall solicit volunteers from among employees in the same craft within the installation to terminate their employment with the Employer. Employees who elect to terminate their employment will receive a lump sum severance payment in the amount provided by Part 435 of the Employee and Labor Relations Manual, will receive benefit coverage to the extent provided by such Manual, and, if eligible, will be given the early retirement benefits provided by Section 8336(d)(2) of Title 5, United States Code and the regulations implementing that statute.
No less than 20 days prior to effecting a layoff, the Employer will post a list of all vacancies in other seniority units and crafts at the same or lower level which exist within the installation and within the commuting area of the losing installation. Employees in an affected seniority unit may, within 10 days after the posting, re- quest a reassignment under this Article to a posted vacancy. Qualified employees will be assigned to such vacancies on the basis of seniority. If a senior non-preference eligible employee within the seniority unit indicates no interest in an available reassignment, then such employee becomes exposed to layoff. A preference eligible employee within the seniority unit shall be re- quired to accept such a reassignment to a vacancy in the same level at the installation, or, if none exists at the installation, to a vacancy in the same level at an installation within the commuting area of the losing installation. If the reassignment is to a different craft, the employee's seniority in the new craft shall be established in accordance with the applicable seniority provisions of the new craft.

Section 6.4 Section 6.5 Section 6.6 Section 6.7

ARTICLE 7 EMPLOYEE CLASSIFICATIONS

Section 7.1 Definition and Use

Regular Work Force The regular work force shall be comprised of two categories of employees which are as follows:
1. Full-Time Employees in this category shall be hired pursuant to such procedures as the Employer may establish and shall be as- signed to regular schedules consisting of five (5) eight (8) hour days in a service week.
2. Part-Time Employees in this category shall be hired pursuant to such procedures as the Employer may establish and shall be as- signed to regular schedules of less than forty (40) hours in a service week, or shall be available to work flexible hours as assigned by the Employer during the course of a service week.

Mail Handler Assistant Employees (MHAs)

The Mail Handler Assistant (MHA) employee work force shall be comprised of noncareer bargaining unit employees.
During the course of a service week, in postal installations with less than 200 man years of employment, the Employer will make every effort to ensure that qualified and available part- time flexible employees, if there are any in the installation, are utilized at the straight-time rate prior to assigning such work to MHAs, provided that the reporting guarantee for MHAs is met. This sentence also shall apply to larger installations during the limited period in which they continue to employ part-time flexible employees.
The total number of MHAs within an installation will not exceed 24.5% of the total number of career mail handlers in the installation, except during the two (2) accounting periods per fiscal year identified as set forth below. The Employer shall notify the Union, at the national level and at the appropriate installation, of which two (2) accounting periods in each fiscal year during which it may exceed the 24.5% limitation in that installation; such notice will be provided at least six (6) months in advance of the beginning date of the affected ac- counting period(s). The Employer will provide the Union at the National level with an accounting period report listing the number of MHAs at each installation and in each district. This report will be provided within fourteen (14) days of the close of the accounting period. In the event that the Employer exceeds the 24.5% limitation by installation, a remedy, if any, will be determined by the individual facts and on a case-by-case basis.
Any non-NPMHU bargaining unit employee on light or limited duty in the mail handler craft or on a rehabilitation assignment in the mail handler craft who does not hold a bid assignment will not be counted as a career employee for the purpose of deter- mining the number of MHAs who may be employed in the mail handler craft.
MHAs shall be hired from an appropriate register pursuant to such procedures as the Employer may establish. They will be hired for terms of 360 calendar days per appointment. Such employees have no daily or weekly work hour guarantees. MHAs will have a break in service of 5 days if reappointed. In addition, any MHA who is scheduled to work and who reports to work in an installation with 200 or more man years of employment shall be guaranteed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours work or pay.

(The preceding Section, Article 7.1B, shall apply to Mail Handler Assistant employees.) [See Memo, pages 132-145]

Section 7.2 Employment and Work Assignments

A Normally, work in different crafts, occupational groups or levels will not be combined into one job. However, to provide maxi- mum full-time employment and provide necessary flexibility, management may establish full-time schedule assignments by including work within different crafts or occupational groups after the following sequential actions have been taken:

A1 All available work within each separate craft by tour has been combined.

A2 Work of different crafts in the same wage level by tour has been combined.

B The appropriate representatives of the affected Unions will be in- formed in advance of the reasons for establishing the combination full-time assignments within different crafts in accordance with this Article.

C In the event of insufficient work on any particular day or days in a full-time or part-time employee's own scheduled assignment, management may assign the employee to any available work in the same wage level for which the employee is qualified, consistent with the employee's knowledge and experience, in order to maintain the number of work hours of the employee's basic work schedule.

D During exceptionally heavy workload periods for one occupational group, employees in an occupational group experiencing a light workload period may be assigned to work in the same wage level, commensurate with their capabilities, to the heavy work- load area for such time as management determines necessary.

[See Memo, page 145]

Section 7.3 Employee Complements

There will be no Part-Time Flexible (PTF) employees working in the mail handler craft in installations which have 200 or more man years of employment. The number of part-time regular mail handlers who may be employed in any period in a particular installation shall not exceed 6% of the total number of career employees in that installation covered by this Agreement. In smaller installations with part-time flexible employees, the Employer shall maximize the number of full-time employees and minimize the number of part-time employees who have no fixed work schedules. A part-time flexible employee working eight (8) hours within ten (10), on the same five (5) days each week over a six-month period will demonstrate the need for converting the assignment to a full-time position. [See Memos, page 146]

ARTICLE 8 HOURS OF WORK

The work week for full-time regulars shall be forty (40) hours per week, eight (8) hours per day within ten (10) consecutive hours, provided, how- ever, that in all offices with more than 100 full-time employees in the bar- gaining units the normal work week for full-time regular employees will be forty hours per week, eight hours per day within nine (9) consecutive hours. Shorter work weeks will, however, exist as needed for part-time regulars.

Section 8.2 Work Schedules

A 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.

B 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.

C The employee's normal work week is five (5) service days, each consisting of eight (8) hours, within ten (10) consecutive hours, except as provided in Section 8.1 of this Article. As far as practicable the five days shall be consecutive days within the service week.

Section 8.3 Exceptions

Section 8.2C above shall not apply to part-time employees. Part-time employees will be scheduled in accordance with the above rules, except they may be scheduled for less than eight (8) hours per service day and less than forty (40) hours per normal work week. MHAs will be scheduled in accordance with Section 2, A and B of this Article.

Section 8.4 Overtime Work

A Overtime pay is to be paid at the rate of one and one-half (1 1/2) times the basic hourly straight time rate.

B Overtime shall be paid to employees for work performed only after eight (8) hours on duty in any one service day or forty (40) hours in any one service week. Nothing in this Section shall be construed by the parties or any reviewing authority to deny the payment of overtime to employees for time worked outside of their regularly scheduled work week at the request of the Employer.

C Wherever two or more overtime or premium rates may appear applicable to the same hour or hours worked by an employee, there shall be no pyramiding or adding together of such overtime or premium rates and only the higher of the employee's applicable rates shall apply.

D The parties to this Agreement recognize that sustained and excessive levels of overtime, particularly where it is being worked by non-volunteers, are not ultimately beneficial to the Postal Service or the employees. The subject of sustained and excessive over- time, where it is being worked by non-volunteers, is a proper topic for discussion at Local and Regional/Area Labor Management Committee meetings. The parties will meet to discuss particular problem areas and to identify appropriate avenues of resolution. In addition, any disputes on this subject may be processed through the Grievance-Arbitration procedure in accordance with Article 15.

E 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 employees regularly work, prior to utilizing an 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 seniority on a rotating basis.

Section 8.5 Overtime Assignments

When needed, overtime work shall be scheduled among qualified full-time regular employees doing similar work in the work location where the employees regularly work in accordance with the following:

A Two weeks (i.e., 14 calendar days) prior to the start of each calendar quarter, full-time regular employees desiring to work over- time during that quarter shall place their names on an "Overtime Desired" list. Every full-time regular employee shall have the opportunity to put his/her name on the "Overtime Desired" list, even though he/she may be on leave during the signing up period for that quarter.

Newly converted full-time employees, and employees converted, transferred, or reassigned into an installation or into the Mail Handler craft within the installation, ‘’’or a mail handler who bids or is reassigned during a calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour’’’ may place their names on the "Overtime Desired" list within the two weeks (i.e., 14 calendar days) following the date upon which they are converted, transferred, or reassigned to full-time ‘’’(whether or not the mail handler was on the OTDL for the losing facility, section, or tour)’’’. Said placement on the list shall be effective on the next calendar day. Employees on the “Overtime Desired” list from the previous quarter shall have their names automatically placed on the list for the next quarter, and their names shall remain on the list unless they provide the Employer with written notice of their desire to remove their names from the list.

B Lists will be established by section and/or tour in accordance with Article 30, Local Implementation.

C When during the quarter the need for overtime arises, full-time regular employees with the necessary skills having listed their names will be selected in order of their seniority on a rotating basis. Those absent, or on leave shall be passed over. In addition, employees whose guarantee exceeds the overtime requirement shall be passed over (e.g., an employee on a nonscheduled day would not be called in to perform 2 hours of overtime work); un- less such guarantee is modified by the provisions of Section 8.8 concerning early release. Full-time regular employees on the "Overtime Desired" list may be required to work up to twelve (12) hours in a day. In addition, at the discretion of the Employer, "Overtime Desired" list employees may volunteer to work beyond twelve (12) hours in a day.

D If the voluntary "Overtime Desired" list does not provide sufficient available and qualified people, the Employer shall assign other employees to the extent needed. When assigning such employees, the Employer shall first utilize qualified and available full-time employees, in order of seniority, who have volunteered to work the required overtime after their scheduled tour for that day only or who have volunteered to work their nonscheduled day(s). Employees shall volunteer for overtime assignments after their scheduled tour for that day only by signing their name and indicating their seniority date, within the first two (2) hours of their scheduled tour of duty, on a daily "Full-Time Volunteer" list maintained in each work section on the workroom floor. The daily "Full-Time Volunteer" list shall be applied in a manner consistent with the application of the "Overtime Desired" list within the installation. Employees shall volunteer for overtime assignments on their nonscheduled days by signing their name and indicating their nonscheduled days and their seniority date on a Full-Time Volunteer list that is posted in each work section at the beginning of the service week (i.e., on Saturday) and must be signed by Tuesday of the service week prior to that being volunteered for. Such full-time employee volunteers shall work the required overtime, as directed by management. The Employer shall have the discretion to limit these volunteer employees from working beyond ten (10) hours in a day. There shall not be any penalty for errors by the Employer in applying either of these "Full-Time Volunteer" lists.

If additional employees are still needed after application of the above, the Employer shall assign other employees as needed. To the extent practicable, an effort will be made to schedule available (on duty at the time that the selection of employees for overtime is made) and qualified Mail Handler Assistants and/or part-time flexible employees for such work prior to requiring full-time employees not on the "Overtime Desired" list or "Full-Time Volunteer" lists to work such overtime. If qualified full-time regular employees not on the "Overtime Desired" list or either of the volunteer lists are required to work overtime, it shall be on a rotating basis with the first opportunity assigned to the junior employee.

E Exceptions to .5C and .5D above if requested by the employee may be approved by local management in exceptional cases based on equity (e.g., anniversaries, birthdays, illness, deaths).

F Excluding December, only in an emergency situation will a full- time regular employee not on the "Overtime Desired" list be re- quired to work over ten (10) hours in a day or over six (6) days in a week.

[See Memos, pages 147-148]

Section 8.6 Sunday Premium Payment

Each employee whose regular work schedule includes a period of service, any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday, shall be paid extra compensation at the rate of 25 percent of the employee's base hourly rate of compensation for each hour of work performed during that period of service. An employee's regularly scheduled reporting time shall not be changed on Saturday or Sunday solely to avoid the Sunday premium payment.

Section 8.7 Night Shift Differential

For time worked between the hours of 6:00 p.m. and 6:00 a.m. career employees shall be paid additional compensation at the applicable flat dollar amount at each pay grade and step in accordance with Tables Three and Four, attached. [See Memo, page 149] 19

Section 8.8 Guarantees

An employee called in outside the employee's regular work schedule shall be guaranteed a minimum of four (4) consecutive hours of work or pay in lieu thereof where less than four (4) hours of work is available. Such guar- anteed minimum shall not apply to an employee called in who continues working on into the employee's regularly scheduled shift. When a full-time regular employee is called in on the employee's non scheduled day, the em- ployee will be guaranteed eight hours work or pay in lieu thereof. This guarantee will be waived if the employee, with the concurrence of the Union and approval of Management, requests to be released early. The Employer will guarantee all employees at least four (4) hours work or pay on any day they are requested or scheduled to work in a post office or facility with 200 or more man years of employment per year. All employees at other post offices and facilities will be guaranteed two (2) hours work or pay when requested or scheduled to work. Any MHA who is scheduled to work and who reports to work in an instal- lation with 200 or more man years of employment shall be guaranteed four (4) hours of work or pay. MHAs at smaller installations will be guaranteed two (2) hours work or pay.

Section 8.9 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. (The preceding Sections, Articles 8.2, 8.3, 8.4, 8.5, 8.7, 8.8, and 8.9, shall apply to Mail Handler Assistant employees to the extent provided in the MOU Re: Mail Handler Assistant Employees or in this Article.) 20

ARTICLE 9 SALARIES AND WAGES

Section 9.1 Basic Annual Salary

Employees with career appointments before February 15, 2013 shall be paid and earn step increases according to the rates and waiting periods described in Section 9.2A and outlined in Table One. Employees with career appointments on or after February 15, 2013 shall be paid and earn step increases according to the rates and waiting periods de- scribed in Section 9.2B and outlined in Table Two. The basic annual salary schedule, with proportional application to hourly rate employees, for all grades and steps for those employees covered under the terms and conditions of this Agreement shall be increased as follows: Effective November 23, 2019 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.1% of the basic annual salary for the grade and step in effect on September 20, 2019. Effective November 21, 2020 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.0% of the basic annual salary for the grade and step in effect on September 20, 2019. Effective November 20, 2021 – the basic annual salary for each grade and step of Table One and Table Two shall be increased by an amount equal to 1.0% of the basic annual salary for the grade and step in effect on September 20, 2019. [See Memo, page 149] 21

Section 9.2 Step Progression

A. Table One – Career Appointments Before February 15, 2013

The step progression for the Mail Handler Salary Schedule on Table One shall be as follows:

Table One Grades 4 & 5.
Grades 4, 5	Waiting Period
From Step	To Step	(in weeks)
AA	A	88
A	B	88
B	C	88
C	D	44
D	E	44
E	F	44
F	G	44
G	H	44
H	I	44
I	J	44
J	K	34
K	L	34
L	M	26
M	N	26
N	O	24
O	P	24

Table One Grade 6.
Grade 6	Waiting Period
From Step	To Step	(in weeks)
A	B	96
B	C	96
C	D	44
D	E	44
E	F	44
F	G	44
G	H	44
H	I	44
I	J	44
J	K	34
K	L	34
L	M	26
M	N	26
N	O	24
O	P	24

B. Table Two – Career Appointments On or After the Effective Date of the Award, February 15, 2013

The step progression for the Mail Handler shall be as follows:

Salary Schedule on Table Two .
Grades 4, 5	Waiting Period
From Step	To Step	(in weeks)
BB	AA	52
AA	A	52
A	B	52
B	C	52
C	D	52
D	E	52
E	F	52
F	G	52
G	H	52
H	I	52
I	J	52
J	K	52
K	L	52
L	M	52
M	N	52
N	O	52
O	P	52

Section 9.3 Cost of Living Adjustment

A Definitions;
1. "Consumer Price Index" refers to the "National Consumer Price Index for Urban Wage Earners and Clerical Workers," published by the Bureau of Labor Statistics, United States Department of Labor (1967=100) and referred to herein as the "Index."
2. "Consumer Price Index Base" refers to the Consumer Price Index for the month of July ‘’’2019’’’ and is referred to herein as the "Base Index."
Effective Dates of Adjustment; Each eligible employee covered by this Agreement shall receive cost-of-living adjustments, upward, in accordance with the formula in 4.C, below, effective on the following dates:
- the second full pay period after the release of the January 2020 Index

- the second full pay period after the release of the July 2020 Index

- the second full pay period after the release of the January 2021 Index

- the second full pay period after the release of the July 2021 Index

- the second full pay period after the release of the January 2022 Index

- the second full pay period after the release of the July 2022 Index
The basic salary schedule provided for in Table One and Step P of Table Two of this Agreement shall be increased 1 cent per hour for each full 0.4 of a point increase in the applicable Index above the Base Index. For example, if the increase in the Index from ‘’’January 2020’’’ to ‘’’July 2020’’’ is 1.2 points, pay scales for employees in Table One and Step P of Table Two of’’’ this Agreement will be increased by 3 cents per hour. In no event will a decline in the Index below the Base Index result in a decrease in the pay scales provided for in this Agreement. Steps BB through O in the basic salary schedules provided for in Table Two of this Agreement shall receive COLAs calculated using the formula in this paragraph, adjusted proportionally as reflected in Table Two.
In the event the appropriate Index is not published on or before the beginning of the effective payroll period, any adjustment re- quired will be made effective at the beginning of the second pay- roll period after publication of the appropriate Index.
No adjustment, retroactive or otherwise, shall be made due to any revision which may later be made in the published figures for the Index for any month mentioned in 4.B., above.
If during the life of this Agreement, the BLS ceases to make avail- able the CPI-W (1967=100), the parties agree to use the CPI-W (1982-84=100) at such time as BLS ceases to make available the CPI-W (1967=100). At the time of change to the CPI-W (1982- 84=100), the cost-of-living formula in Section 9.3C will be recalculated to provide the same cost-of-living adjustment that would have been granted under the formula using the CPI-W (1967=100).

Section 9.4 Application of Salary Rates

Except as provided in this Article, the Employer shall continue the current application of salary rates for the duration of this Agreement.

Section 9.5 Granting Step Increases

Except as provided in this Article, the Employer will continue the program on granting step increases for the duration of this Agreement.

Section 9.6 Protected Salary Rates

The Employer shall continue the current salary rate protection program for the duration of this Agreement.
Employees who qualify for "saved grade" will receive "saved grade" for an indefinite period of time subject to the conditions contained in Article 4.4.

[See Memo, page 150]

Section 9.7 Mail Handler Assistant Employees

In addition to the general increases provided in Section 9.1 above, MHAs will receive an increase of 1.0% annually, for a total of 2.1% effective November ‘’’23, 2019, 2.0%’’’ effective November ‘’’21, 2020,’’’ and ‘’’2.0%’’’ effective November ‘’’20, 2021’’’. All percentage increases are applied to the wage rates in effect on ‘’’September 20, 2019’’’.

Annual Rate and Differential

Schedule 1
Schedule 2 and MHA

[See Memo, page 134]

ARTICLE 10 LEAVE

Section 10.1 Funding

The Employer shall continue funding the leave program so as to continue the current leave earning level for the duration of this Agreement.

Section 10.2 Leave Regulations

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.
Career employees will be given preference over noncareer employees when scheduling annual leave. This preference will take into consideration that scheduling is done on a tour-by-tour basis and that employee skills are a determining factor in this decision.
Article 30 of the National Agreement and Local Memoranda of Under- standing provisions do not apply to MHAs, except as specifically referenced in the 2019 National Agreement and as follows: During the local imple- mentation period, if properly raised in accordance with Article 30, the parties will discuss whether 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 National Agreement. Granting leave under such provisions must be contingent upon the MHA having a leave balance of at least forty (40) hours.

(The preceding Section, Article 10.2, shall apply to Mail Handler Assistant employees.) [See Memos, pages 151-158]

Section 10.3 Choice of Vacation Period

It is agreed to establish a nationwide program for vacation planning for employees in the regular work force with emphasis upon the choice vacation period(s) or variations thereof.
Care shall be exercised to assure that no employee is required to forfeit any part of such employee's annual leave.
The parties agree that the duration of the choice vacation period(s) in all postal installations shall be determined pursuant to local implementation procedures. </li
Annual leave shall be granted as follows:
1. Employees who earn 13 days annual leave per year shall be granted up to ten (10) days of continuous annual leave during the choice period. The number of days of annual leave, not to exceed ten (10), shall be at the option of the employee.
2. Employees who earn 20 or 26 days annual leave per year shall be granted up to fifteen (15) days of continuous annual leave during the choice period. The number of days of annual leave, not to exceed fifteen (15), shall be at the option of the employee.
3. The subject of whether an employee may at the employee's option request two (2) selections during the choice period(s), in units of either 5 or 10 working days, the total not to exceed the ten (10) or fifteen (15) days above, may be determined pursuant to local implementation procedures.
4. The remainder of the employee's annual leave may be granted at other times during the year, as requested by the employee.
The vacation period shall start on the first day of the employee's basic work week. Exceptions may be granted by agreement among the employee, the Union representative and the Employer.
An employee who is called for jury duty during the employee's scheduled choice vacation period or who attends a National, State, or Regional Convention (Assembly) during the choice vacation period is eligible for another available period provided this does not deprive any other employee of first choice for scheduled vacation.

Section 10.4 Vacation Planning

The following general rules shall be observed in implementing the vacation planning program:

The Employer shall, no later than November 1, publicize on bulletin boards and by other appropriate means the beginning date of the new leave year, which shall begin with the first day of the first full pay period of the calendar year.
The installation head shall meet with the representative of the Un- ion to review local service needs as soon after January 1 as practical. The installation head shall then:
1. Determine the amount of annual leave accrued to each employee's credit including that for the current year and the amount expected to be taken in the current year.
2. Determine a final date for submission of applications for vacation period(s) of the employee's choice during the choice vacation period(s).
3. Provide official notice to each employee of the vacation schedule approved for each employee.
A procedure in each office for submission of applications for annual leave for periods other than the choice period may be established pursuant to the implementation procedure above.
All advance commitments for granting annual leave must be honored except in serious emergency situations.

Section 10.5 Implementation of the Leave Program

If, at the end of the local implementation period provided for in this Agreement, the local parties have not reached agreement on the length of the choice vacation period, the choice vacation period will be 23 consecutive weeks commencing on the last Saturday in April unless the local parties agree to another starting date. The 23 weeks shall include military leave and union leave for conventions and conferences. The method of selecting vacations shall be determined locally.
The vacation sign up list, after the initial sign up period, shall be maintained at a location accessible to employees.
After the initial sign up period is completed and vacant weeks still exist on the vacation sign up list, requests for any of these vacant weeks shall be handled as follows:
1. The installation head will honor all requests for vacant weeks which are submitted no less than seven (7) days in advance of the leave period.
2. The installation head will make every effort to grant requests for vacant weeks submitted less than seven (7) days in advance of the leave period.
The installation head's policy in handling requests for emergency leave shall be made known to all employees and the Union. The installation head will consider each such request on the merits of the individual situation. The installation head shall post on the bulletin board the appropriate phone number to call by tour when an emergency arises.

Section 10.6 Sick Leave

The Employer agrees to continue the administration of the present sick leave program, which shall include the following specific items:

Credit employees with sick leave as earned.
Charge to annual leave or leave without pay (at employee's option) approved absence for which employee has insufficient sick leave
Employees becoming ill while on annual leave may have leave charged to sick leave upon request.
Unit Charges for Sick Leave and Annual Leave shall be in mini- mum units of one hundredth of an hour (.01).
For periods of absence of three (3) days or less, a supervisor may accept an employee's certification as reason for an absence.
Employees may utilize annual and sick leave in conjunction with leave without pay, subject to the approval of the leave in accordance with normal leave approval procedures. The Employer is not obligated to approve such leave for the last hour of the employee's scheduled workday prior to and/or the first hour of the employee's scheduled workday after a holiday.

[See Memos, pages 157-158]

MEMORANDUM OF UNDERSTANDING SICK LEAVE FOR DEPENDENT CARE

During the term of the 2019 National Agreement, sick leave may be used by an employee to give care or otherwise attend to a family member having an illness, injury or other condition which, if an employee had such condi- tion, would justify the use of sick leave by the employee. Family members shall include son or daughter, parent and spouse as defined in ELM Section 515.2. Up to 80 hours of sick leave may be used for dependent care in any leave year. Approval of sick leave for dependent care will be subject to normal procedures for leave approval.

MEMORANDUM OF UNDERSTANDING TASK FORCE ON SICK LEAVE

The parties agree to establish at the National Level a “Task Force on Sick Leave – Incentives.” The Task Force will explore available opportunities for the parties to determine if there are alternative options available to em- ployees with regard to the utilization of sick leave. Nothing in this memorandum is intended to negate or alter the applicable requirements of this National Agreement or be inconsistent with obligations under law.

ARTICLE 11 HOLIDAYS

Section 11.1 Holidays Observed

The following ten (10) days shall be considered holidays for full-time and part-time regular schedule employees, hereinafter referred to in this Article as "employees": New Year's Day Martin Luther King, Jr.'s Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day 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 11.2 Eligibility

To be eligible for holiday pay, an employee must be in a pay status the last hour of the employee's scheduled workday prior to or the first hour of the employee's scheduled workday after the holiday. Section 11.3 Payment

An employee shall receive holiday pay at the employee's base hourly straight time rate for a number of hours equal to the employee's regular daily working schedule, not to exceed eight (8) hours. In addition, as provided for in Section 4 below, employees who work their holiday may, at their option, elect to have their annual leave balance credited with up to eight (8) hours of annual leave in lieu of holiday leave pay.
Holiday pay is in lieu of other paid leave to which an employee might otherwise be entitled on the employee's holiday.
The number of hours of holiday leave pay for MHAs will be based on the following:

200 Man 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 4, 6, or 8 hours (as applicable).

Section 11.4 Holiday Work

An employee required to work on a holiday other than Christmas shall be paid the base hourly straight time rate for each hour worked up to eight (8) hours. In addition, employees who work their holiday may, at their option, elect to have their annual leave balance credited with up to eight (8) hours of annual leave or receive holiday pay to which the employee is entitled as above de- scribed at Section 3A.
An employee required to work on Christmas shall be paid one and one-half (11⁄2) times the base hourly straight time rate for each hour worked. In addition, employees who work their holiday may, at their option, elect to have their annual leave balance credited with up to eight (8) hours of annual leave or receive holiday pay to which the employee is entitled as above described at Section 3A.
Deferred holiday leave credited as annual leave, in accordance with Section 4.A or 4.B above, will be subject to all applicable rules for requesting and scheduling annual leave and shall be combined with annual leave and counted as annual leave for purposes of annual leave carryover.

Section 11.5 Holiday on Non-Work Day

When a holiday falls on Sunday, the following Monday will be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday.
When an employee's scheduled non-work day falls on a day observed as a holiday, the employee's scheduled workday preceding the holiday shall be designated as that employee's holiday.

Section 11.6 Holiday Schedule

The Employer will determine the number and categories of employees needed for holiday work and a schedule shall be posted as of twelve noon (i.e., 12:00 p.m.) on the Tuesday preceding the service week in which the holiday falls. As many full-time and part-time regular schedule employees as can be spared will be excused from duty on a holiday or day designated as their holiday.
Employees shall be selected to work on a holiday within each category in the following order:

All available and qualified part-time flexible employees, even if overtime is required.
Full and part-time regular employees, in order of seniority who have volunteered to work on the holiday or the day designated as their holiday when such day is part of their regular work schedule. These employees would be paid at the applicable straight time rate.
MHAs, as specified below in Subsection D.
Full-time and part-time regular employees, in order of seniority, who have volunteered to work on a holiday or day designated as a holiday whose schedule does not include that day as a scheduled workday. Full-time employees would be paid at the applicable overtime rate.
Full-time and part-time regular employees in inverse order of seniority who have not volunteered to work on the holiday or day designated as a holiday when such day is part of their regular work schedule. These employees would be paid at the applicable straight time rate.
Full-time and part-time regular employees in inverse order of seniority who have not volunteered to work on the holiday or day designated as a holiday and would be working on what otherwise would be their non-scheduled workday. Full-time employees would be paid at the applicable over- time rate.

An employee scheduled to work on a holiday who does not work shall not receive holiday pay, unless such absence is based on an extreme emergency situation and is excused by the Employer.
Mail Handler Assistant Employees

[See Memo, page 159]

Section 11.7 Holiday Part-Time Employee

A part-time flexible schedule employee shall not receive holiday pay as such. The employee shall be compensated for the ten (10) holidays by basing the employee's regular straight time hourly rate on the employee's annual rate divided by 2,000 hours. For work performed on December 25, a part-time flexible schedule employee shall be paid in addition to the employee's regular straight time hourly rate, one-half (1⁄2) times the employee's regular straight time hourly rate for each hour worked up to eight (8) hours.

ARTICLE 12 PRINCIPLES OF SENIORITY POSTING AND REASSIGNMENTS

Section 12.1 Probationary Period

The probationary period for a new employee shall be ninety (90) calendar days. The Employer shall have the right to separate from its employ any probationary employee at any time during the probationary period and these probationary employees shall not be permitted access to the grievance procedure in relation thereto.
The parties recognize that the failure of the Employer to discover a falsification by an employee in the employment application prior to the expiration of the probationary period shall not bar the use of such falsification as a reason for discharge.
When an employee completes the probationary period, seniority will be computed in accordance with this Agreement as of the initial day of full-time or part-time employment.
When an employee who is separated from the Postal Service for any reason is re-hired, the employee shall serve a new probationary period. If the separation was due to disability, the employee's seniority shall be established in accordance with Section 12.2, if applicable.
MHAs who successfully complete at least one 360-day term will not serve a probationary period when hired for a career appointment, provided such career appointment directly follows an MHA appointment.