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.

This section provides bargaining unit employees the contractual right to grieve alleged discrimination. Section 2.3 provides that grievances may be filed directly to Step 2 of the grievance procedure.

Question: When and where can a grievance under Article 2 be filed?

Answer: Grievances arising under Article 2 may be filed at Step 2 of the grievance procedure within fourteen (14) days of when the employee or Union has first learned or may reasonably have been expected to have learned of the alleged discrimination.

§ 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.

MEMORANDUM OF UNDERSTANDING: Reasonable Accommodation for the Deaf and Hard of Hearing

MANAGEMENT'S RESPONSIBILITY
Management has an obligation to reasonably accommodate impaired employees and applicants who request assistance in communicating with or understanding others in work related situations, such as:

1. During investigatory interviews which may lead to discipline, discussions with a supervisor on job performance or conduct, or presentation of a grievance.
2. During some aspects of training, including formal classroom instruction.
3. During portions of EAP programs and EEO counselings.
4. In critical elements of the selection process such as during testing and interviews.
5. During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings.
6. During the filing or meetings concerning an employee's OWCP claim.

IMPLEMENTATION
This obligation is met by selecting an appropriate resource from the variety of resources available. In selecting a resource, the following, among others, should be considered, as appropriate:

• The ability of the deaf and hard of hearing employee to understand various methods of communication and the ability of others to understand the deaf and hard of hearing employee.
• The importance of the situation as it relates to work requirements, job rights, and benefits.
• The availability and cost of the alternative resources under consideration.
• Whether the situation requires confidentiality.

Available resources which should be considered include:

1. Installation heads are authorized to pay for certified interpreters. Every effort will be made to provide certified interpreters when deemed necessary by an application of the principles set forth herein.
2. In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge.
3. Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community.
4. In some situations, written communications may be appropriate.
5. Supervisors, training specialists, EAP, and EEO counselors may be trained in sign language.
6. Deaf and hard of hearing applicants should normally be scheduled for a specific examination time when an interpreter will be available.

Management will provide the following assistance for deaf and hard of hearing employees.

1. All films or videotapes designed for the training or instruction of regular work force employees developed on or after October 1, 1987, shall be opened or closed captioned. To the extent practicable, existing films or videotapes developed nationally that will continue to be used by the deaf and hard of hearing with some frequency, will be opened or closed captioned.
2. Special telecommunications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees in the regular work force. These devices will be available to deaf and hard of hearing employees for official business and in the case of personal emergencies. As appropriate, Management will provide training to staff on the use of these special telecommunication devices.
3. A visual alarm will be installed on all moving powered industrial equipment in all postal installations employing deaf and hard of hearing employees in the regular work force.
4. Visual fire alarms will be installed in all new postal installations (installations for which the U.S. Postal Service, as of the effective date of this agreement, has not awarded a contract for the design of the building) where the Postal Service installs audible fire alarms. The parties will discuss and seek to agree at the local level about the installation in such other facilities as may be appropriate.

JOINT LABOR-MANAGEMENT MEETINGS
Discussion of problem areas with regard to the use of certified sign interpreters, enhancement of job opportunities for the deaf and hard of hearing, type of special telecommunications devices to be installed, and installation of visual alarms at other than new postal installations are appropriate matters for considerations at Joint Labor-Management meetings. Discussion of such matters at Labor-Management meetings is not a prerequisite to the filing or processing of a grievance.

This MOU establishes specific obligations concerning the Postal Service’s duty to reasonably accommodate deaf and hard of hearing employees and applicants under the Rehabilitation Act.

MEMORANDUM OF UNDERSTANDING: Workplace Free of Harassment

The National Postal Mail Handlers Union and the United States Postal Service are committed to providing employees with a safe, productive, and inclusive workplace. All employees must refrain from practicing or tolerating discrimination and harassment based on race, color, religion, sex, national origin, age, mental or physical disability, genetic information, uniformed (military) service, or in reprisal for an employee's complaint about or opposition to discrimination or participation in any process or proceeding designed to remedy discrimination. Employees who believe that they are victims of harassment should bring the situation to the attention of a supervisor, a manager, or the manager of Human Resources.

To achieve a workplace free of harassment, the parties agree to establish at the National Level a "Task Force on Preventing Harassment." The purpose of the Task Force is to explore the most effective methods to ensure employees are aware of Postal Service policies and procedures on harassment.

This Memorandum of Understanding may not be cited in the grievance process or used as the basis for a grievance. Nothing in this Memorandum of Understanding affects the right of employees to file a grievance under Article 2 of the National Agreement.

This MOU reinforces the parties’ commitment to providing employees with a safe, productive, and inclusive workplace free of discrimination and harassment. The parties have agreed to establish a Task Force to explore the most effective methods to ensure all employees are aware of Postal policies and procedures on harassment.

Question: Can a grievance be filed citing a violation of this MOU?

Answer: No, but nothing in this MOU affects the rights of employees to file a grievance under Article 2.