CIM MOU Article 30

The Memorandum of Understanding provides specific dates for local implementation under the 2019 National Agreement, including establishment of a set 30-day implementation period in those instances where the local parties do not reach agreement, standardization of the dates for impassing the dispute to the Area/Regional level and, if resolution is not achieved at that level, for appeal to Regional level arbitration.

Because of the ongoing 2020 pandemic, the NPMHU and the Postal Service have agreed on a Memorandum of Understanding (a copy is included in the CIM Resource Manual) to delay the period during which the parties at each installation will be authorized to conduct negotiations over the terms of their Local Memoranda of Understanding or LMOUs. In particular, the parties at the National level have reset the initial sixty day period for local negotiations - which originally was set to occur in May and June 2020 under Article 30 of the National Agreement – to the sixty-day period running from September 2, 2020 to October 31, 2020. The default bargaining period, if the parties cannot agree to the exact 30-day period, is October 2, 2020 through October 31, 2020.

Either party can open negotiations with notification to the other party on or before September 15, 2020. The key dates to remember regarding Local negotiations are as follows:

1. The dead line for notification of intent to open negotiations is September 15, 2020. If neither party provides notification of its intent to invoke local implementation procedures by September 15, 2020, presently effective Memoranda of Understanding not inconsistent or in conflict with the 2019 National Agreement shall remain in effect during the term of this Agreement.
2. In the event that any issue(s) remain in dispute at the end of the thirty consecutive day implementation period, each party shall identify such issue(s) in writing. Initialed copies of this written statement and copies of all proposals and counter proposals pertinent to the issue(s) in dispute shall be appealed within fifteen (15) days after October 31, 2020 to all of the following addresses:

   LR Service Center

   Installation Head

   Local Union President

   NPMHU Regional Representative

3. The appropriate management official at the Area office and the Regional Union representative shall attempt to resolve the matters in dispute within seventy five (75) days of the close of the implementation period. The seventy five day period runs from October 31, 2020 to January 14, 2021.
4. If the parties at the Area/Regional level are unable to reach agreement by the end of the 75 day period, the issues may be appealed to final and binding arbitration within twenty one (21) days of January 14, 2021 or by February 4, 2021.

Source: 2019 – 2022 National Agreement Questions and Answers, 5/22/2020.

In an effort to assure timely resolution of impasse items resulting from local implementation under the 2019 National Agreement, appeals to Regional arbitration are given priority scheduling on the District Regular Contract Docket. Items declared in conflict or inconsistent remain in effect for four months after the conclusion of the local implementation period.

A National arbitration award has confirmed that the local parties do not have the right to make changes to the LMOU that are substantial, in character or scope, except during the specific 30-day implementation period. Where the local parties desire to make such interim changes in the LMOU, they must obtain joint agreement from the parties at the National level in advance.

Source: National Arbitration Award H7N-1F-C 39072, Arbitrator R. Mittenthal, dated June 2, 1995.

The 20 Items: Section 30.2 lists the 20 Items that the parties may discuss during the period of local implementation. The local parties are required to discuss any of these items which are raised by either party. This means that if one party raises one of the listed items, the other must discuss it in good faith. These are “mandatory subjects” of discussion if raised during the period of local implementation. The local parties are free to discuss other subject areas as well, but neither party is required to discuss subjects other than the 20 items listed in Section 30.2. See further the discussion of the September 21, 1981 National Arbitration Award by Arbitrator R. Mittenthal under Section 30.3A below.

MOU Article 30A

Article 8 (Section 8.9) is the contractual provision that provides for wash-up time. Item A provides the opportunity to discuss locally additional or longer wash-up periods.

MOU Article 30B

This item gives the local parties the opportunity to discuss and formulate guidelines for the curtailment of postal operations in case of an emergency.

MOU Article 30C-K

All of the above Items (C thru K) plus Item R cover the formulation of a local leave program. See generally Article 10. This program covers both choice and other-than-choice vacation.

MOU Article 30L

Article 8 (Section 8.5B) contains the National Agreement language related to this item.

MOU Article 30M-O

See Article 13 (Section 13.3).

MOU Article 30P

Article 12 (Section 12.6C4) is the provision related to this item. This item provides for the identification of sections for the purposes of administering the provisions of Article 12 (Section 12.6C4). If sections are not identified in accordance with this item the entire installation will be considered a section.

MOU Article 30Q

The parties locally can identify procedures for the assignment of parking spaces; e.g. first come, first served. See generally Article 20.

MOU Article 30R

See discussion under Items C through K above.

MOU Article 30S .3B5

Relates to reposting of a duty assignment due to changes in duties or principal assignment area.

MOU Article 30S .3C

Relates to posting and bidding on an installation-wide or other basis.

MOU Article 30S .3E3f

Relates to the order of movement of full-time employees outside the bid assignment area.

MOU Article 30S .4

Relates to the definition of a section.

MOU Article 30S .6C4a

See Item P above.

MOU Article 30S .3

See Items M through O above.