Article 2 Non-Discrimination and Civil Rights CIM v5 2021

Article 2 Non-Discrimination and Civil Rights

§ 2.1 Statement of Principles

The Employer and the Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful discrimination against employees, as prohibited by the Rehabilitation Act of 1973 or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

[See Memos, pages 129-132]

This article gives mail handlers the contractual right to object to and remedy alleged discrimination through the filing of a grievance.

In addition, in accordance with federal law and regulations, employees and applicants for employment with the Postal Service have legal recourse to remedy alleged work place discrimination. A mail handler can begin this process by contacting an Equal Employment Opportunity (EEO) Counselor. The matter then can be pursued by filing a formal complaint, having a hearing, appealing to the U.S. Equal Opportunity Commission (EEOC), and ultimately appealing to federal court.

Section 2.1 also provides mail handlers the contractual right to object to and remedy, through the grievance and arbitration procedure set forth in Article 15, alleged violations of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Act of 1974. The USPS guidelines concerning reasonable accommodation are contained in Handbook EL-307, Guidelines on Reasonable Accommodation.

Question: May the Postal Service be required to reasonably accommodate an employee due to religious reasons?

Answer: The Postal Service has agreed that accommodations should be attempted for those employees who, because of their religious beliefs, may be prohibited from working or required to attend religious services. Such accommodations must be consistent with the National Agreement. Management is not required to provide accommodations that create an undue hardship on the Postal Service.

Source: Postmaster General policy letter of November 25, 1981.

§ 2.2 Committee

Non-Discrimination and Civil Rights are proper subjects for discussion at Labor-Management Committee meetings at the national, regional/area and local levels provided in Article 38.

§ 2.3 Grievances

Grievances arising under this Article may be filed at Step 2 of the grievance procedure within fourteen (14) days of when the employee or the Union has first learned or may reasonably have been expected to have learned of the alleged discrimination, unless filed directly at the national level, in which case the provisions of this Agreement for initiating grievances at that level shall apply.

§ 2.4 Dual Filing

The Union, at the national and local levels, will take affirmative steps to ensure that bargaining-unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes.

The Union, at the national and local levels, will not encourage dual filing of grievances.

(The preceding Article, Article 2, shall apply to Mail Handler Assistant employees.)

Question: Can an employee file a grievance and EEO complaint simultaneously on the same issue?

Answer: Yes. The Union has agreed, however, to take affirmative steps to ensure that bargaining unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes. The Union also has agreed, at both the National and Local levels, not to encourage dual filing.

Question: If an EEO complaint and a grievance are filed on the same issue, does the settlement of the EEO complaint automatically make the grievance moot?

Answer:: No. If the grievance has moved past the Step 1 level, then the Union must be signatory to any settlement that would include a waiver of the grievance.

Source: Step 4 Grievance H4N-3U-D 2506, dated April 15, 1987.

Question: Can an administrative EEO complaint be settled in a manner that is contrary to the provisions of the National Agreement?

Answer: No. EEO settlements may not take precedence over the language contained in the collective bargaining agreement.

Source: Step 4 Grievance H1C-3F-C 25743, dated December 6, 1985.

Question: Are employees entitled to compensation for time spent outside of normal working hours while testifying in an EEO hearing?

Answer: Yes. Witnesses whose presence at the EEO hearing is officially required will be in a duty status during a reasonable period of waiting time prior to their testimony at the hearing and during their actual testimony.

Source: Step 4 Grievance H1N-5G-C 15447, dated October 22, 1987. {{:Formatting Memo 2.i CIM v5 2021} {{:Formatting Memo 2.ii CIM v5 2021}