Article 12 Principles of Seniority Posting and Reassignments NA2022

From The Mail Handler Underground
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search

Article 12 Principles of Seniority Posting and Reassignments[edit]

§ 12.1 Probationary Period[edit]

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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 and MHA appointment.

§ 12.2 Principles of Seniority[edit]

  1. Introduction
    1. The United States Postal Service and the National Postal Mail Handlers Union, A Division of the Laborers’ International Union of North America, AFL-CIO, agree to the following seniority principles which replace all former rules, instructions, and practices.
    2. This Article will continue relative seniority standing properly established under past principles, rules and instructions and this Article shall be so applied. If an employee requests a correction of seniority standing, it is the responsibility of the requesting employee to identify and restate the specific instructions, rule, or practice in support of the request.
  2. Coverage

    These rules apply to full-time and part-time fixed schedule employees. No employee, solely by reason of this Section shall be displaced from an assignment which the employee gained in accord with former rules.
  3. Responsibility

    The installation head is responsible for the day-to-day administration of seniority. Installation heads will post a seniority list of Mail Handlers on all official bulletin boards for that installation and provide an electronic or hard copy to the Union representative in that installation. The seniority list shall be corrected and brought up to date quarterly.
  4. Definitions
    1. Craft Group

      A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level.
    2. Seniority Standing
      1. Seniority for full-time employees is computed from the date of appointment in the craft and continues to accrue so long as service in the craft (regardless of level) and installation is uninterrupted, except as otherwise provided herein.
      2. Seniority for part-time fixed schedule employees is computed from the date of appointment in the category of the work force and continues to accrue so long as service in the craft and category and installation is uninterrupted.
    3. Duty Assignment

      A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty.
    4. Preferred Duty Assignments

      A preferred duty assignment is any assignment preferred by a full-time employee or a part-time fixed schedule employee within the employee's category.
    5. Bid

      A request submitted in writing, by telephone, or by computer to be assigned to a duty assignment by an employee eligible to bid on a vacancy or newly established duty assignment or a preferred assignment. Where telephone, computer, or other electronic bidding procedures are established, bids must be submitted by telephone, computer or other electronic methods as agreed to by the parties.

      [See Memo, page 172 - 173]

      6. MOU Employee Bidding[edit]

      The following conditions have been agreed to in the implementation of the telephone bidding system:

      1. There will be a one hundred and twenty (120) day transition period following the implementation of telephone bidding at an installation, during which employees may submit bids either by telephone or in writing. The one hundred and twenty (120) days will run from the first day on which telephone bidding is implemented at an installation.
      2. There will be a toll-free telephone number available from any telephone, as well as TDD.
      3. Telephone bidding shall be available during the following days and hours (including holidays): Monday through Friday, 6:00 a.m. to Midnight (Central Time), and Saturday, 6:00 a.m. to 6:00 p.m. (Central Time).
      4. All bids shall close at midnight (Central Time) on a weekday on which the telephone bidding system is available until midnight.
      5. Employees can enter, withdraw and/or review the status of their bids.
      6. Employees will need their Employee Identification Number (EIN) and Personal Identification Number (PIN) to access the telephone bidding system.
      7. When an employee has reached his/her successful bid limit, as set forth in Article 12.3A of the National Agreement, the system will still allow bids to be entered, but the bid will be flagged by the system as "ineligible". A system message will notify the employee to contact management. The personnel office will routinely review job bidding reports prior to awarding the bid to investigate ineligible bids, and to determine if there are situations as provided for in Article 12.3A for which the employee's bid count must be manually adjusted to make the bid(s) eligible. It is the responsibility of the employee to notify management if a bid flagged as ineligible is proper under Article 12.3A3 because the employee is bidding on an assignment that is "closer to the employee's place of residence." It is the responsibility of management to identify and rectify all other situations in which eligible bids are erroneously flagged by the system as ineligible.

      MOU re: Article 12.1 - Probationary Period - Bidding[edit]

      The parties agree to the following regarding bidding during a ninety (90) calendar day probationary period:

      Full-time career mail handlers who are serving a probationary period pursuant to Article 12.1 of the National Agreement and applicable memoranda of understanding are eligible to bid for vacant duty assignments in accordance with Article 12.3 of the National Agreement.

      Seniority for full-time career mail handlers during their probationary period will be computed for the purpose of bidding pursuant to this Agreement. This computation of such seniority does not create any additional obligation or entitlement for application of seniority not otherwise provided for in the National Agreement.

    6. Application

      A written request by a full-time employee or part-time fixed schedule employee within the employee's respective category for consideration for an assignment for which the employee is not entitled to submit a bid.
    7. Abolishment

      A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation.
    8. Reversion

      A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant.
    9. Residual Vacancy

      A duty assignment that remains vacant after the completion of the voluntary bidding process.
  5. Relative Standing of Part-Time Flexibles and Mail Handler Assistants

    Part-time flexible employees and MHAs are placed on a part-time flexible or MHA roster, as appropriate, in the order of the date of their initial appointment in the installation. When changing such employees to full-time, they shall be taken in the order of their standing on the part-time flexible or the MHA roster.

    These employees do not have seniority rights; however, their relative length of service shall be used for vacation scheduling and for purposes of conversion to full-time status.

    When there is an opportunity for conversion to full-time status in an installation and that installation has both part-time flexible and MHA employees available for conversion, the PTFs will be converted to full-time regular prior to the conversion of the MHAs.
  6. Changes in Which Seniority is Lost

    Except as specifically provided elsewhere in this Agreement an employee begins a new period of seniority:
    1. When the change is at the employee's request:
      1. From one postal installation to another, the employee will begin a new period of seniority as a part-time flexible or, in an installation with 200 or more man years, as a full time regular..
      2. From another craft to the Mail Handler craft, the employee will begin a new period of seniority as a part-time flexible or, if an installation with 200 or more man years, as a full time regular.
    2. Upon reinstatement or reemployment.
    3. Upon transfer into the Postal Service.
  7. Changes in Which Seniority is Retained, Regained or Restored
    1. Reemployment After Disability Separation. On reinstatement or reemployment after separation caused by disability, retirement or resignation because of personal illness and the employee so stated in the employee's resignation and furnished satisfactory evidence for inclusion in the employee's personnel folder, the employee receives seniority credit for past service for time on the disability retirement or for illness if reinstated or reemployed in the same postal installation and craft and in the same or lower salary level, from which originally separated; provided application for reinstatement or reemployment is made within six months from the date of recovery. The date of recovery in the case of disability retirement must be supported by notice of recovery from the Compensation Group, Office of Personnel Management, and in the case of resignation due to illness, by a statement from the applicant's attending physician or practitioner. When reinstatement is to the part-time flexible roster, standing on the roster shall be the same as if employment had not been interrupted by the separation.
    2. Restoration. On restoration in the same craft in the same installation after return from military service, transfer under letter of authority or unjust removal, employee shall regain the same seniority rights the employee would have if not separated.
    3. When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
    4. Reassignment and Return in 90 Days. Beginning on the effective date of the 2016 National Agreement, a Mail Handler who is voluntarily reassigned to another craft in the same installation with or without a change in grade level and who is subsequently voluntarily reassigned within 90 days back to the Mail Handler craft shall regain the seniority previously acquired as a Mail Handler which shall not include the period of intervening employment in the other craft.
    5. Failure to Meet Qualification Standards. When an employee is returned to the Mail Handler craft for not being able to meet the qualification standards for a job in the same installation, the employee shall regain former Mail Handler seniority which shall not include the period of intervening employment in the other craft.
    6. For purposes of excessing outside the installation, any Mail Handler involuntarily moving from one postal installation to another postal installation shall have seniority established as of the employee's time in the Mail Handler craft in the losing installation.
    7. An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:
      1. will begin a new period of seniority if the employee returns from a position outside the Postal Service; or
      2. will begin a new period of seniority if the employee returns from a nonbargaining unit position (i.e., a position outside of the bargaining units that were covered by the 1978 National Agreement) within the Postal Service, unless the employee returns within 2 years from the date the employee left the unit except as follows:
        1. An employee who left the craft and/or installation after the date of the issuance of the arbitration award determining the terms and conditions of the 1994 National Agreement, and returns to the craft and/or installation, will begin a new period of seniority unless the employee returns within 1 year from the date that the employee left the craft and/or installation.
        2. The seniority for an employee returning, within one year, under G7b1 above shall be established after reassignment as the seniority the employee had when he/she left minus seniority credit for service outside the craft and/or installation.
    8. Except as otherwise specifically provided for in this Agreement, effective the date of this Agreement, when it is necessary to resolve a tie in seniority between two or more Mail Handler craft employees, the following criteria shall apply in the order set forth below:
      1. Prior to March 25, 2023
        1. Total continuous postal career service in the Mail Handler craft within the installation.
        2. Total postal career service in the Mail Handler craft within the installation.
        3. Total postal career service in the Mail Handler craft.
        4. Total postal career service within the installation.
        5. Total postal career service.
        6. Total Federal service as shown in the service computation date.
        7. Numerical by the last 3 or more numbers (using enough numbers to break the tie but not fewer than 3 numbers) of the employee's social security number, from the lowest to highest.
      2. On or after March 25, 2023
        1. Total continuous postal career service in the Mail handler craft within the installation.
        2. Total postal career service in the Mail Handler craft within the installation.
        3. Total postal career service in the Mail Handler craft.
        4. Total postal service in the Mail Handler craft.
        5. Total postal career service within the installation.
        6. Total postal career service.
        7. Total Federal service as shown in the service computation date.
        8. Numerical by the last 3 or more numbers (using enough numbers to break the tie but not fewer than 3 numbers) of the employee’s Employee Identification Number (EIN), from the lowest to highest.
          9.
    9. Effective January 1, 2007, any Mail Handler who voluntarily transfers from one postal installation to another postal installation, and is subsequently accepted for voluntary transfer back to the original postal installation within one (1) year, shall have seniority established as the seniority the employee had when she/he left the original installation minus credit for service for the time away from that installation.
  8. All positions presently in the Mail Handler craft, including higher level positions, shall be filled by the senior qualified bidder meeting the qualification standards for the position, except that those positions which are presently designated best qualified shall be filled by the best qualified applicant.
    1. Key and Standard Positions Assigned to the Mail Handler Craft
      1. Key Position
        • Mail Handler, MH 4, KP 8
      2. Standard Positions
        • Group Leader Mail Handler, MH 5, SP1-33
        • Label Printing Technician, MH 5, SP2-578
        • Label Machine Operator, MH 4, SP2-579
        • *Laborer, Materials Handling, MH 3, SP1-11
        • Mail Handler Equipment Operator, MH 5, SP2-21
        • Mail Equipment Handler, MH 4, SP2-247
        • Mail Handler Technician, MH 5, SP2-498
        • Mail Processing Machine Operator, MH 5, SP2-354
        • Mail Processing Machine Operator, MH 5, SP2-470
        • Packer-Shipper, MH 4, SP2-581
        • *When the "Laborer, Materials Handling" position is authorized for the post office branch, it is delegated to the Mail Handler Craft. When authorized for the Maintenance Branch it is assigned to the Maintenance Craft.
        • Sack Sorting Machine Operator, MH 4, SP2-367
        • Sack Sorting Machine Operator, MH 5, SP2-438
        • Typist-Label Printing, MH 4, SP2-580
        • Computer Print Line Production Operator, MH 5, SP2-632
        • Mail Rewrapper, MH 4, SP2-9
    2. Individual Positions Assigned to the Mail Handler Craft:
      Group Leader Mail Handlers, MH 6, IP248-7, 2315-02, Group Leader Sack Sorter Machine Operator, MH 6, IP25- 11-1, 2315-28, Mail Handler Leadman, MH 5, IP32-12-1, 2315-80.
    3. All Mail Handler employees of Level MH-5 may bid for the position of Examination Specialist, SP2-188.
      4. [See Letter, page 173]

      LOI Sack Sorter Machine Operator[edit]

      The parties hereby agree effective July 21, 1987, all future postings of the position, Sack Sorting Machine Operator, salary level MH-5, standard position 2-438, shall be filled by the senior qualified bidder meeting the qualification standard for the position.

  9. Filling Positions Reevaluated as One of the Positions Reserved for Bidding by MH 4's, MH 5's and MH 6's.
    1. When an occupied level 4 or 5 position is upgraded on the basis of the present duties:
      1. The incumbent will remain in the upgraded job provided the incumbent has been in that job for more than one year
        2. .
      2. The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job for more than one year.
    2. When an occupied level 4 or 5 position is upgraded on the basis of duties which are added to the position:
      1. The incumbent will remain in the upgraded job provided the incumbent has been in that job for more than one year. The year of required incumbency in the job begins when the employee first begins working the assignment.
      2. The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job in accordance with .2I2a, above.
    3. When management places automatic equipment in an office and an employee is assigned to operate the equipment, the time the employee spends on this job before it is ranked established shall be counted as incumbency in the position for the purpose of being upgraded or assigned.

§ 12.3 Principles of Posting[edit]

***Still Editting***

  1. To insure a more efficient and stable work force, an employee may be designated a successful bidder no more than nine (9) times during the duration of this Agreement unless such bid:
    1. is to a job in a higher wage level;
    2. is due to elimination or reposting of the employee's duty assignment; or
    3. enables an employee to become assigned to a station closer to the employee's place of residence. It is the responsibility of the employee bidding to notify management that the employee is bidding “closer to home.”
  2. In the Mail Handler Craft, Vacant Craft Duty Assignments Will Be Posted for Bid as Follows:
    1. Full-time employees and part-time fixed schedule employees will only bid for vacant assignments within their own category.
    2. Full-time employees may apply for residual vacancies in the part-time fixed schedule category, and selection from such applicants shall be based on senior employee meeting the qualification standards.
    3. All vacant or newly established craft duty assignments shall be posted for employees eligible to bid. Vacant duty assignments will be posted within 28 days of the date the assignment becomes vacant unless a determination has been made that the position is to be reverted. If the vacant assignment is reverted, a notice shall be posted within that same 28 day period advising of the action taken and the reasons therefore. In addition, a copy of the notice shall be provided to the appropriate Union representative.
      [See Letter, page 174 and Memo, page 176]
    4. When it is necessary that fixed scheduled day(s) of work in the basic work week for a craft assignment be permanently changed, the affected assignment(s) shall be reposted. The change in work days shall not be effected until the job has been posted.
      [See Memo, page 176]
    5. The determination of what constitutes a sufficient change of duties, or principal assignment area, to cause the duty assignment to be reposted shall be subject to local negotiations in accordance with local implementation provisions of this Agreement.
      [See Memo, page 176]
    6. No assignment will be posted because of change in starting time unless the change exceeds an hour. Any change in starting time that exceeds one (1) hour shall be posted for bid, except when there is a permanent change in starting time of more than one hour and up to and including four hours, the incumbent shall have the option to accept such new reporting time. If the incumbent does not accept the new reporting time, the incumbent shall become an unassigned full-time regular, and the assignment will be posted for bid.
      A change in start time of an assignment exceeding four (4) hours will include cumulative changes within the life of this Agreement. Cumulative changes must be within four hours prior and four hours after the start time of the assignment on the ratification date of this Agreement.
      When an assignment is posted for bid, the start time at the effective date of the bid will become the new point from which the cumulative changes are measured.
    7. Change in duty assignment, as specified below, will require reposting:
      1. A 50% change in duties (actual duties performed).
      2. A change in principal assignment area which requires reporting to a different physical location; i.e., station, branch, facility annex, etc., except the incumbent shall have the option to accept the new assignment.
    8. Vacant full-time Mail Handler assignments shall be posted for a period of ten (10) days.
    9. The installation head shall establish a method for handling multiple bidding on duty assignments which are simultaneously posted.
    10. An employee may withdraw a bid on a posted assignment, in writing or in the telephone or computerized bidding process, at any time before the closing time (hour and date) of the posting. Such withdrawal, to be official, shall be date stamped or processed by telephone or computer with confirmation.
    11. An unassigned full-time employee may bid on full-time duty assignments posted for bid by employees in the Mail Handler craft. An unassigned full-time employee may be assigned to any vacant duty assignment. Such employee shall be given a choice if more than one vacant assignment is available. When the number of unassigned full-time employees exceeds the number of residual vacant duty assignments, the senior unassigned employee(s) may elect to remain unassigned provided that an unassigned regular making this election is not the only unassigned regular who can fill a higher-level position without promotion or is not the only unassigned regular qualified for a residual assignment. Part-time fixed schedule employees shall be treated similarly within their own category Except in cases where the installation is under withholding, if no qualified unassigned full-time regular employee is available to be assigned to the residual vacancy, the senior part-time flexible employee in the installation will be converted to full-time regular and assigned to this residual vacant duty assignment. This provision is applicable to residual vacancies remaining from any bid posting after June 1, 2007.
    12. Mail Handlers temporarily detailed to a supervisory position (204b) or detailed to an EAS position may not bid on or be assigned to any vacant mail handler duty assignments while so detailed. However, nothing contained herein shall be construed to preclude such temporarily detailed employees from voluntarily terminating a 204b or EAS detail and returning to their craft position. After returning to the craft position for one (1) continuous pay period, such employees may exercise their right to bid on vacant mail handler craft duty assignments.
      The duty assignment of a full-time or part-time regular mail handler detailed to an EAS position or a supervisory position, including a supervisory training program, in excess of 120 consecutive days shall be declared vacant and shall be posted for bid in accordance with this Article. Under such circumstances, the employee shall not be eligible to re-bid the next posting of that assignment. Upon return to the craft, the mail handler will become an unassigned full-time or part-time regular mail handler with a fixed schedule. A mail handler temporarily detailed to an EAS position or supervisory position will not return or be returned to the craft solely to circumvent the provisions of Section 12.3B12. An employee detailed to an EAS position or supervisory position must return to the craft for a minimum of one (1) continuous pay period to prevent circumvention of the intent of this provision, and for purposes of bidding must complete this one (1) continuous pay period prior to submitting a bid.
      Form 1723, Notice of Assignment, shall be used in detailing mail handlers to temporary supervisor positions (204b) or EAS detailed positions. The Employer will provide the Union at the installation level with a copy of Form(s) 1723 showing the beginning and ending of all such details.
  3. Place of Posting
    The notice inviting bids for a craft assignment shall be posted on all official bulletin boards at the installation where the vacancy exists, including stations, branches and sections. Copies of the notice shall be given to the designated agent of the Union. When an absent employee has so requested in writing, stating the employee's mailing address, a copy of any notice inviting bids shall be mailed to the employee by the installation head. Posting and bidding for preferred duty assignments shall be installation-wide unless otherwise specified by local Agreement.
  4. Information on Notices Inviting Bids Notices Inviting Bids shall include:
    1. The duty assignment (as defined in section 12.2D3, if ap- plicable) by position title and number; e.g., key, standard, or individual position.
    2. PS or MH salary level and craft.
    3. Hours of duty (beginning, ending).
    4. The principal assignment area; e.g., section and/or location of activity.
    5. Qualification standards and occupational code number.
    6. Physical requirement(s) unusual to the specific assignment (heavy lifting, etc.).
    7. Invitation to employees to submit bids.
    8. The fixed schedule of days of work.
  5. Successful Bidder
    1. Within 10 days after the closing date of the posting (including December), the installation head shall post a notice stating the successful bidder and the bidder's seniority date. The senior qualified bidder meeting the qualification standards established for that position shall be designated the "successful bidder."
    2. The successful bidder must be placed in the new assignment within 15 days except in the month of December.
    3. Normally, an employee shall work the duty assignment for which the employee has been designated the successful bidder. However, when an employee is moved off the employee's duty assignment, the employee shall not be replaced by another employee. For temporary reassignments not covered by Article 25, the movement of people outside the bid assignment area will be as follows:
      1. employees from other crafts performing work in accordance with Articles 7 or 13;
      2. MHAs;
      3. part-time flexible employees;
      4. full-time flexible employees;
      5. part-time regular employees;
      6. full-time regular Mail Handler employees;
      7. the order of movement of full-time regular Mail Handler employees in .3E3f, above shall be a subject for local negotiations; however, if an agreement is not reached at the local level, the matter will be referred to the Area Manager, Human Resources and the Regional Director, Mail Handlers Union for settlement.
    4. Except as otherwise provided by this Agreement, no employee shall be allowed to displace or "bump" another employee properly holding a position or duty assignment.
    [See Memos and Letters, pages 175-190]

    MOU & LOI p175-190[edit]

    MOU Joint Task Force on Article 12[edit]

    The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award:  Whether management should notify the union when an installa- tion is released from withholding, in whole or in part  Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing through the grievance and arbitration process. 175 MEMORANDUM OF UNDERSTANDING JOINT TASK FORCE ON ARTICLE 12 The parties agree to establish a joint task force for the purpose of discuss- ing and reviewing issues that arise as a result of implementing the provi- sions of Articles 12.5 and 12.6. The task force shall consist of at least four persons, two each selected by the Employer and the Union. The work of the task force may include a review of issues that have arisen at the Area and local levels, including the extent of withholding in specific geographic areas or at particular locations. The task force shall make such findings and recommendations as it deems appropriate to facilitate com- pliance with the principles and requirements of Article 12 and any other related contractual obligations. These recommendations will be submitted to the Postal Service’s Vice President, Labor Relations and to the Presi- dent of the Union. The parties are committed to taking prompt action with respect to the work of the task force. The arbitration panel determines that the following issues shall be referred to the Article 12 Task Force, which shall meet and discuss these issues within 45 days of the release of this Award:  Whether management should notify the union when an installa- tion is released from withholding, in whole or in part  Whether senior employees may choose between staying in the installation in another craft or being reassigned to another instal- lation in the same craft, under Article 12.6C5a4. In addition to the review of issues discussed above, either party may refer an Article 12 issue that is part of a grievance appealed to Step 3 to the Task Force. All such referrals must be in writing to the Task Force, and a copy of the referral must be supplied to the other party. If the Task Force agrees upon a resolution (e.g., settlement, with- drawal, or remand), the Task Force shall return the grievance to the Regional/Area parties for the purpose of implementing the agreed- upon resolution. If the Task Force cannot agree upon a resolution within sixty (60) days of the issue being referred to the Task Force, the identified issue along with Step 3 grievance will be returned to the Regional/Area parties for further processing thro

    MOU Involuntarily Reassigned[edit]

    Under Article 12.6B1, the dislocation and inconvenience to full-time em- ployees and part-time flexible employees who are being involuntarily reassigned shall be kept to the minimum consistent with the needs of the service. In addition, under Article 12.6B2, the Vice President, Area Oper- ations shall give full consideration to withholding sufficient full-time posi- tions and part-time flexible positions within the area for full-time employ- ees and part-time flexible employees who may be involuntarily reassigned. The Joint Task Force on Article 12 shall meet after the effective date of this Agreement to explore ways to reduce unnecessary impact on career employees while maintaining utilization of the non-career workforce

    MOU Section 12.3 Principles of Posting[edit]

    When either Article 12.3B4, B5 or B6 are applicable, requiring a bid to be reposted while the total number of bids in the section remains the same, an expedited selection process shall be applied. The duty assignments en- cumbered by the employees junior to the senior employee whose bid is reposted will be offered, in seniority order, to the employees remaining in the section beginning with the senior employee whose bid is reposted. An employee(s) declining to make a selection when canvassed shall be as- signed to the duty assignment(s) remaining in the section after the expe- dited selection process has been completed. The results of the above listed actions shall be effective at the beginning of the succeeding pay period. The bid being reposted in accordance with Article 12.3B4, B5 or B6 will be posted for the installation and not included in the expedited selection process. After the expedited bidding process, the junior employee left without a duty assignment shall retain the right to retreat to the section from which withdrawn as detailed in Section 12.6C4c.

    MOU RE: Excessing Issues[edit]

    This Memorandum of Understanding (MOU) represents the parties’ agreement with regard to mail handler employees who are being involun- tarily reassigned into mail handler craft vacancies in other installations, after being excessed from their present installation. 1. Mail Handlers will be placed into mail handler vacancies at the gaining installation at the same, higher, or lower level for which they are qualified. 2. Mail Handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time employee, part- time regular, part-time flexible), without concern to level. 3. If a veteran preference eligible is reached when assigning im- pacted or unassigned employees to lower level duty assignments the following will apply: a. The most junior non-preference eligible same lev- el mail handler in the gaining installation shall be reassigned to the lower level vacancy. b. The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler. c. Any employee reassigned to a lower level duty as- signment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade. d. The non-preference eligible mail handler moved to the lower level duty assignment shall have retreat rights back to the former duty assignment the first time it becomes vacant. e. A veteran preference eligible mail handler for per- sonal convenience may waive the right to appeal through the grievance process, to the Equal Employment Opportunity Commission, and/or to the Merit Systems Protection Board and select a duty assignment at a lower level with saved grade with the same saved grade in 3c above. f. If no Level 5 vacancies exist, or if all Level 5 oc- cupied positions at the gaining installation are occupied by veteran preference eligible mail handlers, the withholding ra- dius will be expanded to allow for placement unless the veter- an preference eligible applies 3e above. 4. The Regional Director for the National Postal Mail Handlers Union (NPMHU) will receive at least 30-days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted em- ployees will receive the same notice at least 30 days in advance. 5. The Regional Director for the NPMHU will receive at least 60-days notice for excessing outside of the installation where employee relocation benefits are applicable. Such notice shall include a list of potential vacan- cies for reassignments. Impacted employees will receive the same notice at least 60 days in advance. 6. Impacted mail handlers, and senior in lieu of volunteers, may be placed as unassigned regular mail handlers in the gaining installation (A Level 5 veteran preference employee who has been involuntarily excessed will be subject to paragraph 3 above), provided that local management has completed a bid management review with area concurrence and sufficient vacancies will be available for placement of all such unassigned regular employees (regardless of level) within three months of the date the em- ployees were placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immediately placed into the first available residual vacancy by management in accordance with the provi- sions of Article 12 of the National Agreement, provided that Level 5 vet- eran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacancies or in accordance with para- graph 3. 7. The Postal Service (USPS) has agreed to develop an enhancement to eReassign to enable mail handlers from an impacted installation to receive priority consideration for a voluntary transfer. Management will accept the employee at the gaining installation without a review. However, regu- lar transfer rules concerning other issues such as seniority, status, no relo- cation benefits, and no retreat rights will continue pursuant to items F, G, H, and I of the MOU, Re: Transfers. 8. Any disputes arising from the terms of this MOU, or other Article 12 local issues, will be resolved by the National NPMHU-USPS Article 12 Task Force. If the Article 12 Task Force cannot agree upon a resolution, either party may declare an impasse. Each party will identify the issue in dispute in writing within 30 days after the declared impasse on the subject. The identified dispute will then be placed on the appropriate arbitration docket.

    MOU “SAME OR LOWER” LEVEL[edit]

    For purposes of implementing “same or lower” level or “same or lower” salary level under the National Agreement, in Articles 6, 12, and 13, the parties agree that MH Level 4 is the same level as PS Level 5 and that MH Level 5 is the same level as PS Level 6. Exhibit 418.1, Equivalent Grades, of the ELM and other ELM provisions, as necessary, will be amended accordingly.

    MOU Re: Transfer Opportunities to Minimize Excessing Pursuant to the Memorandum of Understanding (MOU) on Transfers[edit]

    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 par- ties also recognized that they might need to discuss application or modifi- cation 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 employ- ees 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 em- ployees 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 volun- teers will be allowed to transfer out of their impacted installation in ac- cordance with the MOU on Transfer Opportunities to . 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 mini- mize 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, attend- ance, and safety records will not be considered when applying for transfer as a result of impending excessing. (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 affect- ed employee requesting a transfer will be allowed to transfer prior to the excessing if they desire and choose their effective date of trans- fer to coincide with the start of a pay period at the gaining installa- tion. The losing installation will coordinate between the employee and the gaining installation. D. The Postal Service will not provide affected employees request- ing a transfer with copies of vacancies at postal facilities in advance of transfer requests. Installations with approved and authorized va- cancies 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 Opportuni- ties. 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 instal- lation. 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 estab- lished 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 before they receive written notice of their report date to the new in- stallation. By doing so, the affected employee’s name will be re- moved from the priority eReassign pending request list at the de- clined location. 4. Simultaneous (duplicate) requests for transfer by the same em- ployee to the same craft and installation in eReassign are not permit- ted. 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. 8. Disputes arising from the application of this MOU will be processed at the National level under the jurisdiction of the National Administrative Committee. 9. The lock-in periods do not apply to the eReassign Priority Consideration MOU at the losing installation

    MOU Workforce Repositioning[edit]

    The parties are committed to work together to the extent it becomes neces- sary to close or consolidate postal plants or other facilities. The parties will explore available options that can address related workforce issues. The Postal Service will meet with the Union at the national level to dis- cuss plans to close or consolidate postal plants or other facilities and to discuss and consider changes to such plans based on input from the Union. Those discussions will include appropriate consideration of the principles and requirements of the applicable provisions of Article 12, including the principle that, in effecting reassignments and dislocation and inconven- ience to employees shall be kept to a minimum, consistent with the needs of the Postal Service. Nothing in this memorandum is intended to negate or alter the applicable requirements of Article 12 of the National Agreement. This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement

    MOU Page 181[edit]

    § 12.3.E4.ix NA2022 § 12.3.E4.x NA2022 § 12.3.E4.xi NA2022 § 12.3.E4.xii NA2022

    § 12.4 Definition of a Section[edit]

    The Employer and the Union shall define sections in accordance with the local implementation provision of this Agreement. Such definition will be confined to one or more of the following:

    1. pay location;
    2. by floor;
    3. tour;
    4. job within an area;
    5. type of work;
    6. by branches or stations;
    7. the entire installation;
    8. incoming;
    9. outgoing.

    § 12.5 Principles of Reassignments[edit]

    1. A primary principle in effecting reassignments will be that dislocation and inconvenience to employees in the regular work force shall be kept to a minimum, consistent with the needs of the Service. Reassignments will be made in accordance with this Section and the provisions of Section 12.6 below.
      1. When a major relocation of employees is planned in major metropolitan areas or due to the implementation of national postal mail networks, the Employer will apply this Article in the development of the relocation and reassignment plan. At least 90 days in advance of implementation of such plan, the Employer will meet with the Union at the national level to fully advise the Union how it intends to implement the plan. If the Union believes such plan violates this Agreement, the matter may be grieved.
      2. Such plan shall include a meeting at the regional/area level (which local level union representatives may attend) in advance (as much as six months whenever possible) of the reassignments anticipated. The Employer will advise the Union, at the Regional level, based on the best estimates available at the time, of the anticipated impact; the numbers of employees affected; the locations to which they will be reassigned; and, in the case of a new installation, the anticipated complement by tour. The Union, at the Regional level, will be periodically updated by the Area should any of the information change due to more current data being available.
      3. When employees are excessed out of their installation, the Union at the regional level may request a comparative work hour report of the losing installation 60 days after the excessing of such employees.
      4. If a review of the report does not substantiate that business conditions warranted the action taken, such employees shall have their retreat rights activated. If the retreat right is denied, the employees have the right to the grievance-arbitration procedure.
    2. In order to minimize the impact on employees in the regular work force, the Employer agrees to separate, to the extent possible, MHAs working in the affected craft and installation prior to excessing any regular employee in that craft out of the installation. The junior full-time employee who is being excessed has the option of reverting to part-time flexible status in his/her craft, if such status is available in the installation, or of being reassigned to the gaining installation.

    § 12.6 Reassignments[edit]

    1. Basic Principles and Reassignments
      When it is proposed to:
      1. Discontinue an independent installation;
      2. Consolidate an independent installation (i.e., discontinue the independent identity of an installation by making it part of another and continuing independent installation);
      3. Transfer a classified station or classified branch to the jurisdiction of another installation or make an independent installation;
      4. Reassign within an installation employees excess to the needs of a section of that installation;
      5. Reduce the number of regular work force employees of an installation other than by attrition;
      6. Centralize mail processing and/or delivery installations; or
      7. Reduce the number of part-time flexibles other than by attrition; such actions shall be subject to the following principles and requirements.
    2. Principles and Requirements
      1. Dislocation and inconvenience to full-time employees and part-time flexible employees shall be kept to the minimum consistent with the needs of the service.
      2. The Vice President, Area Operations shall give full consid- eration to withholding sufficient full-time employees and part-time flexible positions within the area for full-time employees and part-time flexible employees who may be involuntarily reassigned. When positions are withheld, the local union may request, on a quarterly basis, that local management review the continuing need for withholding such positions and management shall discuss with the un- ion the results of such review. If and when local manage- ment learns that an installation is released, in whole or in part, from withholding, it shall notify the Union.
      3. Except as otherwise provided by this agreement, no em- ployee shall be allowed to displace, or "bump" another employee, properly holding a position or duty assignment.
      4. Under Section 12.6A4, governing reassignments within an installation of the employees excess to the needs of a sec- tion, the Union at the local level shall be notified in ad- vance (as much as 30 days whenever possible).
      5. Full-time employees and part-time flexible employees in- voluntarily detailed or reassigned from one installation to another shall be given not less than 60 days advance notice, if possible, and shall receive moving, mileage, per diem and reimbursement for movement of household goods, as appropriate, if legally payable, will be governed by the ap- plicable standardized Government travel regulations, cur- rently set forth in Handbook F-15, Travel and Relocation.
      6. The Regional Director for the NPMHU will receive at least 30 days notice for excessing outside of the installation that does not involve employee relocation. Such notice shall include a list of potential vacancies for reassignments. The impacted employees will receive the same notice at least 30 days in advance. Where employee relocation benefits are applicable the Regional Director for the NPMHU will re- ceive at least 60 days notice for excessing outside of the in- stallation. Such notice shall include a list of potential va- cancies for reassignments. Impacted employees will re- ceive the same notice at least 60 days in advance.
      7. Any employee volunteering to accept reassignment to an- other craft or occupational group, another branch of the Postal Service, or another installation shall start a new pe- riod of seniority beginning with such assignment, except as provided herein.
      8. Whenever changes in mail handling patterns are undertaken in a geographic area including one or more postal installa- tions with resultant successive reassignments of Mail Han- dlers from those installations to one or more central instal- lations, the reassignment of Mail Handlers shall be treated as details for the first 120 days for purposes of bidding only in order to prevent inequities in the seniority lists at the gaining installations. The 120 days is computed from the date of the first detail of a Mail Handler to the central, con- solidated or new installation in that specific planning pro- gram. If a tie develops in establishing the merged seniority roster at the gaining installation, it shall be broken by total continuous service in the regular work force in the same craft.
      9. Whenever in this Agreement provision is made for reas- signments, it is understood that any full-time employees or part-time flexible employees reassigned must meet the qualification requirements of the position to which reas- signed.
      10. It is understood that any employee entitled hereunder to a specific placement may exercise entitlement only if no oth- er employee has a superior claim hereunder to the same po- sition.
        1. Surplus U.S. Postal Service employees from non- mail processing and non mail delivery installations, area offices, the U.S. Postal Service Headquarters or from other Federal departments or agencies shall be placed at the foot of the part-time flexible roll and begin a new period of seniority effective the date of reassignment.
        2. Former full-time post office Mail Handlers who were reassigned to mail bag repair centers and de- positories on or before July 1, 1956, and who since
          1. When such an employee is declared excess and is returned to the Mail Handler craft in the same installation from which the em- ployee was reassigned, seniority shall be the same as for continuous service in the craft and installation.
          2. Should such an employee who is not ex- cess volunteer to be returned to the instal- lation in place of a junior excess employee, seniority in the Mail Handler craft and in- stallation will be that of the junior excess employee.
          3. If such an employee voluntarily transfers to the employee's former installation he/she shall begin a new period of seniori- ty.
    3. Special Provisions on Reassignments In addition to the general principles and requirements above specified, the following specific provisions are applicable: C1 Discontinuance of an Independent Installation C1a When an independent installation is discontinued, all full-time employees and part-time flexible employees shall, to the maximum extent possible, be involuntari- ly reassigned to continuing postal positions in accord- ance with the following: C1b Involuntary reassignment of full-time employees with their seniority for duty assignments to vacancies in the same, higher, or lower level in the same craft or occu- pational group in installations within 50 miles of the discontinued installation, or if necessary within 100 miles of the discontinued installation, or in more dis- tant installations, if after consultation with the Union, such reassignment have been continuously employed in the same center or depository and subse-quent to March 31, 1965: or from other Federal departments or agencies shall be placed at the foot of the part-time flexible roll and begin a new period of seniority effective the date of reassignment. it is determined that it is necessary. The Postal Ser- vice will designate such installations for the reassign- ment of excess full-time employees. When two or more such vacancies are simultaneously available, first choice of duty assignment shall go to the senior employee entitled by displacement from a discontin- ued installation to such placement. C1c Involuntary reassignment of full-time employees for whom consultation did not provide for placement un- der 12.6C1b above, in other crafts or occupational groups in which they meet minimum qualifications at the same or lower level. C1d Involuntary reassignment of part-time flexible em- ployees with seniority in any part-time flexible vacan- cy in the same craft or occupational group at any in- stallation within 50 miles of the discontinued installa- tion, or if necessary within 100 miles of the discontin- ued installation, or in more distant installations, if after consultation with the Union it is determined that it is necessary, the Postal Service will designate such in- stallations for the reassignment of the part-time flexi- ble employees. C1e Involuntary reassignment of part-time flexible em- ployees for whom consultation did not provide for placement under 12.6C1d, above in other crafts or oc- cupational groups in which they meet minimum quali- fication at the same or lower level at the foot of exist- ing part-time flexible roster at the receiving installa- tion and begin a new period of seniority. C1f Full-time employees for whom no full-time vacancies are available by the time the installation is discontin- ued shall be changed to part-time flexible employees in the same craft and placed as such, if such status is available in the installation, but shall for six months retain placement rights to full-time vacancies develop- ing within that time within any installation within 50 miles of the discontinued installation, or if necessary within 100 miles of the discontinued installation, or in more distant installations, if after consultation with the Union it is necessary, U.S. Postal Service will desig- nate such installations for the reassignment of excess full-time employees on the same basis as if they had remained full-time. C1g Employees, full-time employees or part-time flexible, involuntarily reassigned as above provided shall upon the reestablishment of the discontinued installation be entitled to reassignment with full seniority to the first 61 Article 12.6 C2 Consolidation of an Independent Installation C2a When an independent postal installation is consolidat- ed with another postal installation, each full-time em- ployee or part-time flexible employee shall be invol- untarily reassigned to the continuing installation with- out loss of seniority in the employee's craft or occupa- tional group. C2b Where reassignments under 12.6C2a preceding, result in an excess of employees in the continuing installa- tion, identification and placement of excess employees shall be accomplished by the continuing installation in accordance with the provisions of this Agreement covering such situations. C2c If the consolidated installation again becomes an inde- pendent installation, each full-time employee and part- time flexible employee whose reassignment was ne- cessitated by the previous consolidation shall be enti- tled to the first vacancy in the reestablished installa- tion in the level and craft or occupational group held at the time the installation was discontinued. C3 Transfer of a Classified Station, Classified Branch or other Facility to the Jurisdiction of Another Installation or Made an Independent Installation C3a When a classified station, classified branch or other facility is transferred to the jurisdiction of another in- stallation or made an independent installation, all full- time employees shall at their option remain with the classified station, classified branch or other facility without loss of seniority, or remain with the installa- tion from which the classified station, classified branch or other facility is being transferred. vacancy in the reestablished installation in the level, craft or occupational group from which reassigned. C1g Employees, full-time employees or part-time flexible, involuntarily reassigned as above provided shall upon the reestablishment of the discontinued installation be entitled to reassignment with full seniority to the first § 12.7 NA2022
Retrieved from "http://wiki.themailhandlerunderground.org/index.php?title=Article_12_Principles_of_Seniority_Posting_and_Reassignments_NA2022&oldid=2068"