Article 4 Technological and Mechanization Changes CIM v5 2021

Article 4 Technological and Mechanization Changes

Both parties recognize the need for improvement of mail service.

§ 4.1 Advance Notice

The Union at the national level will be informed as far in advance as practicable, but no less than 30 days in advance, of implementation of technological or mechanization changes which affect jobs including new or changed jobs in the area of wages, hours or working conditions. When major new mechanization or equipment is to be purchased and installed, the Union at the national level will be informed as far in advance as practicable, but no less than 90 days in advance.

§ 4.2 Committee

There shall be established at the national level a Joint Technological and Mechanization Changes Committee composed of an equal number of representatives of management and the union. The Committee shall meet semiannually, or as necessary, from the conceptual stage onward, to discuss any issues concerning proposed technological and mechanization changes which may affect jobs, including new or changed jobs, which affect the wages, hours, or working conditions of the bargaining unit. For example, the Postal Service will keep the Union advised concerning any research and development programs (e.g., study on robotics) which may have an effect on the bargaining unit.

In addition, the Committee shall be informed of any new jobs created by technological or mechanization changes. Where present employees are capable of being trained to perform the new or changed jobs, the Committee will discuss the training opportunities and programs which will be available. These discussions may include the availability of training opportunities for self-development beyond the new or changed jobs.

§ 4.3 Resolution of Differences

Upon receiving notice of the changes, an attempt shall be made at the national level to resolve any questions as to the impact of the proposed change upon affected employees and if such questions are not resolved within a reasonable time after such change or changes are operational, the unresolved questions may be submitted by the Union to arbitration under the grievance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling.

Under Section 4.1, the Union at the National level will be informed as far in advance as practicable, but no less than 30 days in advance, of the implementation of technological or mechanization changes which affect jobs in the area of wages, hours or working conditions. For major new mechanization or equipment that will be purchased or installed, the Union at the National level will be informed no less than 90 days in advance.

Section 4.2 establishes a National-level Joint Technological and Mechanization Changes Committee composed of an equal number of representatives of Management and the Union. The Committee shall meet semi-annually to discuss issues concerning proposed technological and mechanization changes, including any research and development programs, that may have an effect on the NPMHU bargaining unit. The Committee also will discuss available training opportunities and programs when current employees are capable of being trained for the new or changed jobs.

Section 4.3 provides that, upon notice of changes as outlined above, the parties at the National level shall attempt to resolve any questions about the impact of the proposed changes on affected employees. Any unresolved questions may be submitted by the Union to arbitration; any such arbitration will be given priority in scheduling.

The provisions of Sections 4.1, 4.2, and 4.3 are administered and enforced by the parties at the National level. These provisions are not properly the subject of local grievances.

§ 4.4 New Jobs

Any new job or jobs created by technological or mechanization changes shall be offered to present employees capable of being trained to perform the new or changed job and the Employer will provide such training. During training, the employee will maintain his/her rate. It is understood that the training herein referred to is on the job and not to exceed sixty (60) days. Certain specialized technical jobs may require additional and off-site training.

An employee whose job is eliminated, if any, and who cannot be placed in a job of equal grade shall receive saved grade until such time as that employee fails to bid or apply for a position in the employee's former wage level.

The obligation hereinabove set forth shall not be construed to, in any way, abridge the right of the Employer to make such changes.

Unlike Sections 4.1, 4.2 and 4.3, the contract language found in Section 4.4 is enforceable at the local level. Section 4.4 requires management to offer any new jobs created by technological or mechanization changes to present employees capable of being trained to perform the new or changed job. On the job training for any new job created by technological or mechanization changes shall not exceed 60 days, although certain specialized technical jobs may require additional, off-site training. During training, the employees will maintain their pay rate.

In addition, Section 4.4 provides that if an employee’s job is eliminated due to technological or mechanization changes and if the employee cannot be placed in a job of equal grade, the employee shall receive saved grade until such time as employee fails to bid or apply for a position in employee’s former wage level. The saved grade provided for in this section is governed by the provisions of Section 421.53 of the Employee and Labor Relations Manual (ELM).

See also Article 9 (Section 9.7) which contains a general provision requiring the Postal Service to continue the current salary rate protection program for the duration of this agreement. This includes not only the “saved grade” provisions found in Section 4.4 and described in ELM Section 421.53, but also the “protected rate” provisions found in ELM Section 421.51 and the “saved rate” provisions found in ELM Section 421.52. In addition, employees who qualify for “saved grade” will receive “saved grade” for an indefinite period of time subject to the conditions contained in Section 4.4.

§ 4.5 Local Notice

The installation head or his/her designee shall notify, and upon request meet with, the appropriate local union official, as far in advance as reasonably practicable, concerning the local deployment of any new automated or mechanized equipment, whether locally purchased or nationally deployed, that will have a significant impact on mail handler duty assignments within the installation.

The language of Section 4.5 deals with new automated or mechanized equipment that is either locally purchased or nationally deployed and that will have a significant impact on duty assignments. It requires advance notice to the appropriate local union official of the deployment of such equipment. If requested, the installation head or designee will meet with the union to discuss the deployment. While the notice must be made as far in advance as “reasonably practicable,” no set time frame has been established.