NPMHU 2022 Ratification Booklet

Documents: NPMHU 2022 Ratification Booklet

Source documents showing PDF of NPMHU 2022 Ratification Booklet.

NPMHU 2022 Ratification Booklet

ARTICLE 9, SALARIES AND WAGES R2022 ARTICLE 8.7 Night Shift Differential R2022 Effective May 21, 2023, the allowance for uniforms and work clothes will be increased by 2.5%. Effective May 21, 2024, the allowance for uniforms and work clothes will be Increased by 2.5%. Effective May 21, 2025, the allowance for uniforms and work clothes will be Increased by 2.5%. Unused portions of an eligible employee's annual allowance for uniform and work clothing will be carried over and available for use beginning twelve {12) months after the end of each anniversary year. An eligible employee's uniform or work clothing allowance balance may not exceed the sum of two {2) years of the employee's annual allowance entitlement. This uniform and work clothing program adjustment will be implemented no later than twelve (12) months from the date of ratification.

ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS

Section 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 (including pregnancy), age, or marital status. In addition, consistent with the other provisions of this Agreement, there shall be no unlawful discrimination against employees or individuals with disabilities, as prohibited by the Rehabilitation Act of 1973 or the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

Explanation:

The addition of “pregnancy” and “individuals with disabilities” will clarify
Article 2 to protect Mail Handlers who are pregnant, and who may have
a disability. The inclusion of this language makes clear that the
protections of Article 2 cover employees falling within these terms.

MANAGEMENT'S RESPONSIBILITY Management has an obligation to reasonably accommodate deaf and hard of hearing [impaired] employees with a disability under the Rehabilitation Act (the "Act") and applicants who request assistance in communicating with or understanding others in work related situations, such as but not limited to: a. Duringinvestigatoryinterviewswhichmayleadtodiscipline,discussions with a supervisor on job performance or conduct, corrective actions, or presentation of a grievance pursuant to Article 17 and other provisions of the Collective Bargaining Agreement. b. Duringformalclassroominstructionandsomeaspectsofinformal training. c. During portions of EAP programs and EEO counselings. d. Incriticalelementsoftheselectionprocesssuchasduringtestingand interviews. e. During employee orientations and safety talks, CFC and Savings Bond Kickoff meetings. f. During the filing or meetings concerning an employee's OWCP claim. g. During service talks longer than five (5) minutes and meetings to discuss work procedures, policies and assignments. h. During meetings to discuss excessing or consolidation and related job selection. i. During meetings to discuss retirement options and issues. A reasonable accommodation must be approached on a highly individual, case-by-case basis. The individual's input must be considered prior to making a decision regarding accommodation. 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: • Management Instruction (MI) regarding Providing Communication Accommodations to Employees and Applicants who are Deaf or Hard of Hearing. • 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, but are not limited to the following: a. 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. Costs for sign language interpreting services are covered by a centralized budget at Headquarters. b. In some states, the Division of Vocational Rehabilitation (DVR) provides interpreters at no charge. c. Volunteer interpreters or individuals skilled in signing may be obtained from the work force or from the community. A skilled interpreter is anyone who can provide effective interpretation in the sign language used by the signing employees. d. In some situations, such as day-to-day instructions and routine communications, written communications may be appropriate based on the employee's ability to comprehend written communications. e. All Postal Service employees who supervise employees who are deaf and hard of hearing, as well as [Supervisors,] training specialists, EAP, and EEO counselors, may be trained in sign language and must complete Postal Service-approved training on the following subjects: • Effective communication with employees who are deaf and hard of hearing, • Providing qualified sign language interpreters. • Use of VRI and VRS. f. Deaf and hard of hearing applicants [should normally] will be scheduled for a specific examination time when an interpreter will be available. g. State or Federal Relay services or other postal-approved technology, such as Video Relay Services (VRS) or VRI - if available and authorized - or other new and evolving technologies that are available, authorized and approved, may provide a way for a deaf or hard of hearing employee to conduct postal business by phone or video with other employees and customers. h. When possible, interpreting services as described in (a) though (f) above should be scheduled as far in advance as possible. i. In the event of an emergency situation, the Postal Service will strive to communicate the nature of the emergency as soon as possible. Management will provide the following assistance for deaf and hard of hearing employees with a disability under the Act: a. All films, videos, 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. b. Special [tele]communications devices for the deaf and hard of hearing will be installed in all postal installations employing deaf and hard of hearing employees pursuant to the requirements contained in the Management Instruction regarding Providing Communication Accommodations to Employees and Applicants Who are Deaf or Hard of Hearing. [in the regular workforce] Special communications devices, or telephone volume control devices will be installed for hard of hearing employees whenever a hard of hearing employee needs a reasonable accommodation in order to communicate by phone. 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. c. A visual alarm will be installed on all moving powered industrial equipment powered by electric motor or internal combustion engine in all postal installations employing deaf [and hard of hearing] employees or in any installation [in the regular workforce,] where such a reasonable accommodation is necessary for a hard of hearing employee. d. 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. e. The Postal Service will ensure that all Postal Service facilities nationwide maintain an Emergency Action Plan. The plan will address the requirements for an employee alarm system that: • Complies with Occupational Safety and Health Administration regulations; and • Provides adequate notice to employees so they can take the appropriate actions necessary to escape the workplace safely. 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, including recruitment and hiring efforts, type of special [tele]communications devices or volume control devices to be installed, [and] installation of visual alarms or other systems such as tactile devices at other than new postal installations, and the availability of new technologies which may help deaf and hard of hearing employees perform a variety of tasks, 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.

Explanation: The language of this MOU will be updated to reflect changes in technology used in USPS facilities. Specifically, it expands the opportunities by which Mail Handlers might receive a reasonable accommodation, as well as what tools management may employ to provide a meaningful accommodation. The updates here also provide important definitions and clarifications, such the definition of “a skilled interpreter,” which will aid USPS management in ensuring that the appropriate accommodation is chosen. ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS (NEW) MEMORANDUM OF UNDERSTANDING RE: Dignity and Respect in the Workplace The Postal Service and the Union are committed to improving workplace relationships and to treating each and every individual employee with dignity and respect. The parties agree that they have a mutual interest in creating a positive work environment and culture, thus ensuring that the Postal Service is an “employer of choice.” The parties further agree that individual or systemic concerns or issues touching on matters of dignity and respect are best served through a cooperative effort. Treating every employee with dignity and respect therefore is a proper subject for discussion at Labor-Management Committee meetings at the national, regional/area and local levels provided in Article 38. The guiding principle of any joint discussions should be to improve the work climate and daily relationships on the workroom floor, and to ensure the operational success of the Postal Service. This Agreement is without prejudice to the Postal Service's right to make changes to policy consistent with Article 19 and 34, and the Union's ability to challenge the same. No retaliatory action is to be taken against any employee for alleging wrongdoing of any sort within the U.S. Postal Service to the Office of the Inspector General, to the Inspection Service, or to responsible officials of the Postal Service. This Memorandum of Understanding will terminate upon expiration of the 2022 National Agreement. Explanation: This new MOU codifies dignity and respect within the workplace for all employees, including all mail handler craft employees. It mandates that all employees and managers maintain an environment of dignity and respect in the workplace. It also specifies that larger issues violating an environment characterized by dignity and

respect may be discussed at Labor-Management Committee meetings. Importantly, it protects any member of the mail handler craft who alleges a breach in dignity and respect from retaliation by management. ARTICLE 2 MEMORANDUM OF UNDERSTANDING REASONABLE ACCOMMODATION FOR THE DEAF AND HARD OF HEARING R2022 ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS (NEW) MEMORANDUM OF UNDERSTANDING R2022 ARTICLE 6 LAYOFF AND REDUCTION IN FORCE MEMORANDUM OF UNDERSTANDING Each employee who is employed in the regular work force as of September 20, 2022 [19] and who has not acquired the protection provided under Article 6 shall be protected henceforth against any involuntary layoff or force reduction during the term of this Agreement. It is the intent of this Memorandum of Understanding to provide job security to each such employee during the term of this Agreement; however, in the event Congress repeals or significantly relaxes the Private Express Statutes this Memorandum shall expire upon the enactment of such legislation. In addition, nothing in this Memorandum of Understanding shall diminish the rights of any bargaining-unit employees under Article 6. Since this Memorandum of Understanding is being entered into on a non-precedential basis, it shall terminate for all purposes at midnight September 20, 2025, [22] and may not be cited or used in any subsequent dispute resolution proceedings. Explanation: The change in this MOU fixes the dates to reflect its inclusion in the new contract, as well as its expiration in concordance with the expiration of the 2022 National Agreement. Under this no lay-off clause, all career Mail Handlers in the regular work force as of September 20, 2022 will be protected against layoff or force reduction, unless Congress repeals or significantly relaxes the Private Express Statutes. Without this clause, only Mail Handlers with six or more years of service would be protected against layoff or force reduction under Article 6. This is a crucial part of the National Agreement considering the Postmaster General’s restructuring, inflation, and the uncertain financial state of the Postal Service. ARTICLE 7 EMPLOYEE CLASSIFICATIONS

B Mail Handler Assistant Employees (MHAs)

3. The total number of MHAs within an installation will not exceed 25% [24.5] of the total number of career mail handlers in the installation (MHA Cap), except during the peak season exception period. The peak season exception period will be four (4) consecutive pay periods [two (2) accounting periods] between October 1 and January 31 each [per] fiscal year [identified as set forth below]. The Employer shall identify and notify the Union, at the national level [and at the appropriate installation], of the [which two (2) accounting periods] four (4) pay periods [in each fiscal year] within the October 1 to January 31 time frame during which it may exceed the 25 [24.5] % limitation in [that] installations with MHAs. S[s]uch notice will be provided at least three [six] (3[6]) months in advance of the [beginning] start date of the identified [affected accounting] pay period(s). The peak season exception period will be the same four (4) consecutive pay periods for all installations with MHAs. No portion of the selected pay periods may be before October 1 or after January 31. The Employer will provide the Union at the National level with a [an accounting period] report listing the number of MHAs at each installation and in each district. This report will be provided within fourteen (14) days of the close of the [accounting] pay period. In the event that the Employer exceeds the 25% [24.5%] limitation by installation, a remedy, if any, will be determined by the individual facts and on a case-by-case basis. In addition to the peak season exception period defined above there will be four (4) weeks immediately preceding the four (4) pay periods identified within the October 1 to January 31 time frame during which the MHA cap will be temporarily increased. The MHA cap will increase by 1% each of the four weeks, starting with a 1% increase to the MHA Cap in week 1, then an additional 1% in week 2 to equal a 2% increase, an additional 1% increase in week 3 to equal a 3% increase, and an additional 1% increase in week 4 to equal a 4% increase. Explanation: This tentative agreement more clearly defines the eligible peak exception period as October 1 through January 31. Though the MHA cap has increased by 0.5%, this provision would limit the exception period to 4 consecutive pay periods (which is equal to 2 accounting periods). Whatever pay consecutive periods the Postal Service chooses to exceed the MHA cap, they must do so at all installations. In other words, they will be one peak season for all facilities employing mail handler craft employees. Once USPS has selected its peak season exception period within the eligible window (October 1 and January 31), it will also be allowed four (4) weeks before the peak season exception period where the MHA cap will be ramped up by 1.0% per week. During this preceding four-week period, every week will see a cumulative increase of 1% increase above the cap. Week 1 shall be a 1% increase, week 2 shall be 2%, week 3 shall be 3%, and week 4 shall be 4%.