Article 12 Principles of Seniority Posting and Reassignments
Jump to navigation
Jump to search
Article 12 Principles of Seniority Posting and Reassignments[edit]
Section 12.1 Probationary Period[edit]
- 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.
- 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.
- 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.
- 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.
- 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 an MHA appointment.
Section 12.2 Principles of Seniority[edit]
- Introduction
- 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.
- 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.
- 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.
- 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.
- Definitions
- Craft Group A craft group is composed of those positions for which the Union has secured exclusive recognition at the national level.
- Seniority Standing
- 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 pro- vided herein.
- Seniority for part-time fixed schedule employees is computed from the date of appointment in this category of the work force and continues to accrue so long as service in the craft and category and installation is un- interrupted.
- Duty Assignment A duty assignment is a set of duties and responsibilities within recognized positions regularly scheduled during specific hours of duty.
- 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.
- 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 161]
- Application A written request by a full-time employee or part-time fixed schedule employee within the employee's respective cate- gory for consideration for an assignment for which the employee is not entitled to submit a bid.
- Abolishment A management decision to reduce the number of occupied duty assignment(s) in an established section and/or installation.
- Reversion A management decision to reduce the number of duty assignment(s) in an installation when such duty assignment(s) is/are vacant.
- Residual Vacancy A duty assignment that remains vacant after the completion of the voluntary bidding process.
- Relative Standing of Part-Time Flexibles 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 rel- ative 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 con- verted to full-time regular prior to the conversion of the MHAs.
- Changes in Which Seniority is Lost Except as specifically provided elsewhere in this Agreement an employee begins a new period of seniority:
- When the change is at the employee's request:
- From one postal installation to another, the employee will begin a new period of seniority as a part-time flexible, if such status is available in the installation.
- From another craft to the Mail Handler craft, the employee will begin a new period of seniority as a part- time flexible, if such status is available in the installation.
- Upon reinstatement or reemployment.
- Upon transfer into the Postal Service.
- Changes in Which Seniority is Retained, Regained or Restored
- 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 re- instatement 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.
- 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.
- When an employee changes from another craft to the Mail Handler craft involuntarily, the employee will begin a new period of seniority.
- 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.
- 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.
- 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.
- An employee who left the bargaining unit on or after July 21, 1973 and returns to the bargaining unit:
- will begin a new period of seniority if the employee re- turns from a position outside the Postal Service; or
- will begin a new period of seniority if the employee re- turns 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:
- 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.
- 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.
- 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:
- Total continuous postal career service in the Mail Handler craft within the installation.
- Total postal career service in the Mail Handler craft within the installation.
- Total postal career service in the Mail Handler craft.
- Total postal career service within the installation.
- Total postal career service.
- Total Federal service as shown in the service computation date.
- 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.
- 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.
- 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.
- Key and Standard Positions Assigned to the Mail Handler Craft
- Key Position
- Mail Handler, MH 4, KP 8
- 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
- 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.
- All Mail Handler employees of Level MH-5 may bid for the position of Examination Specialist, SP2-188. [See Letter, page 162]
- Filling Positions Reevaluated as One of the Positions Reserved for Bidding by MH 4's, MH 5's and MH 6's.
- When an occupied level 4 or 5 position is upgraded on the basis of the present duties:
- The incumbent will remain in the upgraded job pro- vided the incumbent has been in that job for more than one year.
- 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.
- When an occupied level 4 or 5 position is upgraded on the basis of duties which are added to the position:
- The incumbent will remain in the upgraded job pro- vided 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.
- The job will be posted for bid in accordance with the Agreement if the incumbent has not been in the job in accordance with §12.2I2a, above.
- 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.
Section 12.3 Principles of Posting[edit]
- 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:
- is to a job in a higher wage level;
- is due to elimination or reposting of the employee's duty assignment; or
- 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.”
- B In the Mail Handler Craft, Vacant Craft Duty Assignments Will Be Posted for Bid as Follows:
- Full-time and part-time fixed schedule employees will only bid for vacant assignments within their own category.
- 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.
- All vacant or newly established craft duty assignments shall be posted for employees eligible to bid. Vacant duty assign- ments 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 ap- propriate Union representative. [See Letter, page 163 and Memo, page 165]
- 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 165]
- The determination of what constitutes a sufficient change of duties, or principal assignment area, to cause the duty assign- ment to be reposted shall be subject to local negotiations in accordance with local implementation provisions of this Agreement. [See Memo, page 165]
- No assignment will be posted because of change in starting time unless the change exceeds an hour. Any change in start- ing 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 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.
- Change in duty assignment, as specified below, will require reposting:
- A 50% change in duties (actual duties performed).
- 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.
- Vacant full-time Mail Handler assignments shall be posted for a period of ten (10) days.
- The installation head shall establish a method for handling multiple bidding on duty assignments which are simultaneously posted.
- 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.
- 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 re- main 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 con- verted 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.
- 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 pro- vision, 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 Un- ion at the installation level with a copy of Form(s) 1723 showing the beginning and ending of all such details.
- 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.
- Information on Notices Inviting Bids Notices Inviting Bids shall include:
- The duty assignment (as defined in section 12.2D3, if applicable) by position title and number; e.g., key, standard, or individual position.
- PS or MH salary level and craft.
- Hours of duty (beginning, ending).
- The principal assignment area; e.g., section and/or location of activity.
- Qualification standards and occupational code number.
- Physical requirement(s) unusual to the specific assignment (heavy lifting, etc.).
- Invitation to employees to submit bids.
- The fixed schedule of days of work.
- Successful Bidder
- Within 10 days after the closing date of the posting (including December), the installation head shall post a notice stat- ing 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."
- The successful bidder must be placed in the new assignment within 15 days except in the month of December.
- Normally, an employee shall work the duty assignment for which the employee has been designated the successful bid- der. 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:
- employees from other crafts performing work in accordance with Articles 7 or 13;
- MHAs;
- part-time flexible employees;
- part-time regular employees;
- full-time regular Mail Handler employees;
- the order of movement of full-time regular Mail Handler employees in .3E3e, 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.
- 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 164-178]
Section 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:
- pay location;
- by floor;
- tour;
- job within an area;
- type of work;
- by branches or stations;
- the entire installation;
- incoming;
- outgoing.
Section 12.5 Principles of Reassignments[edit]
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Section 12.6 Reassignments[edit]
- Basic Principles and Reassignments When it is proposed to:
- Discontinue an independent installation;
- Consolidate an independent installation (i.e., discontinue the independent identity of an installation by making it part of another and continuing independent installation);
- Transfer a classified station or classified branch to the juris- diction of another installation or make an independent installation;
- Reassign within an installation employees excess to the needs of a section of that installation;
- Reduce the number of regular work force employees of an installation other than by attrition;
- Centralize mail processing and/or delivery installations; or
- Reduce the number of part-time flexibles other than by attrition; such actions shall be subject to the following principles and requirements.
- Principles and Requirements
- Dislocation and inconvenience to full-time and part-time flexible employees shall be kept to the minimum consistent with the needs of the service.
- The Vice President, Area Operations shall give full consideration to withholding sufficient full-time and part-time flexible positions within the area for full-time 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 union the results of such review. If and when local management learns that an installation is re- leased, in whole or in part, from withholding, it shall notify the Union.
- 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.
- Under Section 12.6A4, governing reassignments within an installation of the employees excess to the needs of a section, the Union at the local level shall be notified in advance (as much as 30 days whenever possible).
- Full-time and part-time flexible employees involuntarily de- tailed 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 applicable standardized Government travel regulations, currently set forth in Handbook F-15, Travel and Relocation.
- 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 receive at least 60 days notice for excessing outside of the installation. Such notice shall include a list of potential vacancies for reassignments. Impacted employees will receive the same notice at least 60 days in advance.
- 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 period of seniority beginning with such assignment, except as pro- vided herein.
- Whenever changes in mail handling patterns are undertaken in a geographic area including one or more postal installations with resultant successive reassignments of Mail Handlers from those installations to one or more central installations, 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, consolidated or new installation in that specific planning program. 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.
- Whenever in this Agreement provision is made for reassignments, it is understood that any full-time or part-time flexible employees reassigned must meet the qualification requirements of the position to which reassigned.
- It is understood that any employee entitled hereunder to a specific placement may exercise entitlement only if no other employee has a superior claim hereunder to the same position.
- 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.
- Former full-time post office Mail Handlers who were reassigned to mail bag repair centers and depositories on or before July 1, 1956, and who since such reassignment have been continuously employed in the same center or depository and subsequent to March 31, 1965:
- When such an employee is declared excess and is returned to the Mail Handler craft in the same installation from which the employee was reassigned, seniority shall be the same as for continuous service in the craft and installation.
- Should such an employee who is not excess volunteer to be returned to the installation in place of a junior excess employee, seniority in the Mail Handler craft and installation will be that of the junior excess employee.
- If such an employee voluntarily transfers to the employee's former installation he/she shall begin a new period of seniority.
- Special Provisions on Reassignments In addition to the general principles and requirements above specified, the following specific provisions are applicable:
- Discontinuance of an Independent Installation
- When an independent installation is discontinued, all full-time and part-time flexible employees shall, to the maximum extent possible, be involuntarily reassigned to continuing postal positions in accordance with the following:
- 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 occupational group in installations 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 determined that it is necessary. The Postal Service will designate such installations for the reassignment 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 discontinued installation to such placement.
- Involuntary reassignment of full-time employees for whom consultation did not provide for placement under 12.6C1b above, in other crafts or occupational groups in which they meet minimum qualifications at the same or lower level.
- Involuntary reassignment of part-time flexible employees with seniority in any part-time flexible vacancy in the same craft or occupational group at 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 determined that it is necessary, the Postal Service will designate such installations for the reassignment of the part-time flexible employees.
- Involuntary reassignment of part-time flexible employees for whom consultation did not provide for placement under 12.6C1d, above in other crafts or occupational groups in which they meet minimum qualification at the same or lower level at the foot of existing part-time flexible roster at the receiving installation and begin a new period of seniority.
- Full-time employees for whom no full-time vacancies are available by the time the installation is discontinued 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 developing 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 designate such installations for the reassignment of excess full-time employees on the same basis as if they had remained full-time.
- Employees, full-time 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 vacancy in the reestablished installation in the level, craft or occupational group from which reassigned.
- Consolidation of an Independent Installation
- When an independent postal installation is consolidated with another postal installation, each full-time or part- time flexible employee shall be involuntarily reassigned to the continuing installation without loss of seniority in the employee's craft or occupational group.
- Where reassignments under 12.6C2a preceding, result in an excess of employees in the continuing installation, identification and placement of excess employees shall be accomplished by the continuing installation in accordance with the provisions of this Agreement covering such situations.
- If the consolidated installation again becomes an independent installation, each full-time and part-time flexible employee whose reassignment was necessitated by the previous consolidation shall be entitled to the first vacancy in the reestablished installation in the level and craft or occupational group held at the time the installation was discontinued.
- Transfer of a Classified Station, Classified Branch or other Facility to the Jurisdiction of Another Installation or Made an Independent Installation
- When a classified station, classified branch or other facility is transferred to the jurisdiction of another installation 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 installation from which the classified station, classified branch or other facility is being transferred.
- A realistic appraisal shall be made of the number of employees by crafts or occupations who will be needed in the station, branch or other facility after transfer, and potential vacancies within these requirements created by the unwillingness of employees to follow the station, branch or other facility to the new jurisdiction shall be posted for bid on an office-wide basis in the losing installation.
- If the postings provided in paragraph 12.6C3b preceding, do not result in sufficient employees to staff the transferred classified station, classified branch or other facility, junior employees, by craft or occupational group on an installation-wide seniority basis in the losing installation, shall be involuntarily reassigned to the classified station, classified branch or other facility and each employee thus involuntarily reassigned shall be entitled to the first vacancy in such employee's level and craft or occupational group in the installation from which transferred.
- Reassignment Within an Installation of Employees Excess to the Needs of a Section
- The identification of assignments comprising for this purpose a section shall be determined locally by local negotiations. If no sections are established by local negotiations, the entire installation shall comprise the section.
- Full-time employees, excess to the needs of a section, starting with that employee who is junior in the same craft or occupational group and in the same level as- signed in that section, shall be reassigned outside the section but within the same craft or occupational group. They shall retain their seniority and may bid on any existing vacancies for which they are eligible to bid. If they do not bid, they may be assigned any vacant duty assignment for which there was no senior bidder in the same craft and installation. Their preference is to be considered if more than one such assignment is available.
- Such reassigned full-time employee retains the right to retreat to the section from which withdrawn only upon the occurrence of the first residual vacancy in the salary level after employees in the section have completed bidding. Such bidding in the section is limited to employees in the same salary level as the vacancy. Failure to bid for the first available vacancy will end such re- treat right. The right to retreat to the section is optional with the employee who has retreat rights with respect to a vacancy in a lower salary level. Failure to exercise the option does not terminate the retreat rights in the salary level in which the employee was reassigned away from the section.
- When full-time duty assignment(s) in the same craft or occupational group and the same level in the section are to be abolished and the junior employee(s) from the Section are to be reassigned, the following shall apply:
- The appropriate duty assignment(s) shall be identified and abolished.
- The junior full-time employee(s) excess to the needs of the section shall be identified and reassigned.
- The duty assignment(s) encumbered by the employee(s) junior to the senior employee whose duty assignment is abolished will be offered, in seniority order, and in an expedited selection process, to the employee(s) remaining in the section beginning with the senior employee whose duty assignment was abolished. An employee(s) declining to make a selection when canvassed shall be assigned to the duty assignment(s) remaining in the section after the expedited selection process has been completed.
- The results of the above-listed actions shall be effective at the beginning of the succeeding pay period.
- Reduction in the Number of Employees in an Installation Other Than by Attrition
- Reassignments within installation. When for any rea- son an installation must reduce the number of employees more rapidly than is possible by normal attrition, that installation:
- Shall determine by craft and occupational group the number of excess employees;
- Shall, to the extent possible, minimize the impact on regular work force employees by separation all MHAs;
- Shall, to the extent possible, minimize the impact on full-time positions by reducing part-time flexible hours;
- Shall identify as excess the necessary number of junior full-time employees in the craft and occupational group affected on an installation-wide basis within the installation; make reassignments of excess full-time employees who meet the minimum qualifications for vacant assignments in other crafts in the same installation; involuntarily reassign them in the same or lower level. Before resorting to reassignment to other installations pursuant to C5b, any senior employee(s) identified as excess who meet(s) the minimum qualifications for vacant assignments in other crafts and who volunteer(s) to remain in the installation in other crafts shall be assigned in lieu of junior employees who are identified as excess.
- The employee shall be returned at the first opportunity to the craft from which reassigned.
- When returned, the employee retains seniority previously attained in the craft augmented by intervening employment in the other craft.
- Except as provided for in paragraph C5a4 above, the right of election by a senior employee provided in paragraph12.6C5b9, below is not available for this cross-craft reassignment within the installation.
- Reassignments to Other Installations After Making Reassignments Within the Installation:
- Involuntarily reassign such excess full-time employees starting with the junior with their seniority into mail handler vacancies in the gaining installation at the same, higher, or lower level for which they are qualified within 50 miles of the losing installation. Mail handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time regular, part-time regular, part-time flexible), with- out concern to level.
- Involuntarily reassign full-time employees for whom vacancies were not identified in C5b1 above in other crafts or occupational groups in which they meet minimum qualifications at the same or lower level within 50 miles of the losing installation.
- If sufficient vacancies cannot be identified within the 50 mile area, involuntarily reassign excess employees into mail handler vacancies in the gaining installation at the same, higher, or lower level for which they are qualified within 100 miles. Mail handlers will be excessed from the losing installation by inverse seniority in their craft by status (full-time regular, part-time regular, part-time flexible), without concern to level.
- If vacancies cannot be identified within the employees' own craft and occupational group, then vacancies will be identified in other crafts with in the 100 mile area. Involuntarily reassign ex- cess employees for whom vacancies were not identified in C5b3 above in other crafts or occu- pational groups in which they meet minimum qualifications at the same or lower level.
- If vacancies cannot be identified within the 100 mile area, and after consultation with the affected union it is determined that it is necessary, the Postal Service will designate more distant installations for the reassignment of excess full- time employees.
- If a veteran preference eligible is reached when assigning impacted or unassigned employees to lower level assignments, the following will apply:
- The most junior non-preference eligible same level mail handler in the gain- ing installation shall be reassigned to the lower level vacancy.
- The impacted preference eligible mail handler will then be assigned to the duty assignment previously occupied by that junior non-preference eligible mail handler.
- Any employee reassigned to a lower level duty assignment shall receive saved grade and shall not be required to bid to their former level for two years to retain the saved grade.
- 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.
- A veteran preference eligible mail handler for personal 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 C5b6c above.
- If no level 5 vacancies exist, or if all level 5 occupied positions at the gain- ing installation are occupied by veteran preference eligible mail handlers, the withholding radius will be expanded to allow for placement unless the veteran preference eligible applies C5b6e above.
- 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 receive at least 60 days notice for excessing outside of the installation. Such notice shall include a list of potential vacancies for reassignments. Impacted employees will receive the same notice at least 60 days in advance.
- Impacted mail handlers, and senior in lieu of vol- unteers, may be placed as unassigned regular mail handlers in the gaining installation provided that sufficient vacancies will be available for placement of all such unassigned regular mail handlers (regardless of level) within six (6) months of the date that the employee was placed. These mail handlers must bid on all available va- cancies in the gaining installation or be immedi- ately placed into the first available residual va- cancy by management in accordance with the provisions of Article 12 of the National Agree- ment, provided that Level 5 veteran preference mail handlers who were involuntarily excessed will only be placed into Level 5 residual vacan- cies or in accordance with paragraph C5b6 above.
- Any senior employee in the same occupational group in the same installation may elect to be reassigned to the gaining installation and take the seniority of the senior full-time employee sub- ject to involuntary reassignment. Such senior employees who accept reassignment to the gain- ing installation do not have retreat rights.
- When two or more such vacancies are simulta- neously available, first choice of duty assign- ment shall go to the senior employee entitled by displacement from a discontinued installation to such placement.
- A full-time employee shall have the option of changing to part-time flexible in the same craft or occupational group in lieu of involuntary reassignment, if part-time flexible status exists in the losing installation.
- Employees involuntarily reassigned under 12.6C5b1 through 12.6C5b5 above, other than senior employees who elect to be reassigned in place of junior employees, shall be entitled to be returned to the first vacancy in any level, in the craft or occupational group in the installation from which reassigned, and such entitlement shall be honored until the employee withdraws or declines to accept an opportunity to return.
- Centralized Mail Processing and/or Delivery Installation
- When the operations at a centralized installation or other mail processing and/or delivery installation result in an excess of full-time Mail Handlers at another installation(s), full-time Mail Handlers who are excess in a losing installation(s) by reason of the change, shall have a choice to be:
- Involuntarily reassigned in other crafts or oc- cupational groups in which they meet mini- mum qualifications at the same or lower level if no vacancies are available in the same craft or occupational group within 50 miles of the losing installation; or,
- Involuntarily reassigned starting with the jun- ior with their seniority for duty assignments to vacancies in the same, higher, or lower level in the same craft or occupational group in instal- lations within 100 miles of the losing installa- tion, or in more distant installations if after consultation with the affected Union it is deter- mined that it is necessary, the Postal Service will designate such installations for the reas- signment of excess full-time employees.
- Reassignments of Mail Handlers and employ- ees from other crafts involuntarily reassigned into the Mail Handler craft shall be treated as details for the first 120 days, for bidding pur- poses only, to avoid inequities in the selection of preferred duty assignments by full-time Mail Handlers in the gaining installation.
- Previously established preferred duty assignments which become vacant before expiration of the detail period must be posted for bid and awarded to eligible full-time Mail Handlers then permanently assigned in the gaining installation. Excess part-time flexible Mail Handlers may be reassigned as provided for in Section 12.6C7.
- All new duty assignments created in the gaining installation and all other vacant duty assignments in the centralized installation shall be posted for bid. One hun- dred twenty (120) days is computed from the date of the first detail of an employee. Bidding shall be open to all full-time mail handlers of the craft involved at the gain- ing installation. This includes full-time Mail Handlers assigned to the gaining installation. Employees involuntarily reassigned under 12.6C6 shall be entitled to be returned to the first vacancy in any level, in the craft or occupational group in the installation from which reassigned, and such entitlement shall be honored until the employee withdraws or declines to accept an opportunity to return.
- Reassignment-Part-time Flexible Employees in Excess of the Needs of the Craft/Installation Where there are excess part-time flexible employees in the craft for whom work is not available, part-time flexibles low- est on the part-time flexible roll equal in number to such ex- cess may at their option be reassigned to the foot of the part- time flexible roll in the same or another craft in another in- stallation.
- An excess part-time flexible employee reassigned to another craft in the same or another installation shall be assigned to the foot of the part-time flexible roll and begin a new period of seniority.
- An excess part-time flexible employee reassigned to the same craft in another installation shall be assigned the seniority and relative standing the employee had in the losing installation.
- A senior part-time flexible in the same craft or occupational group in the same installation may elect to be re-assigned in another installation in the same or another craft and take the seniority, if any, of the senior excess part-time flexible being reassigned, as set forth in 12.6C7a and 12.6C7b above.
- The Postal Service will designate, after consultation with the Union, vacancies at installations in which ex- cess part-time flexibles may request to be reassigned beginning with vacancies in other crafts in the same installation; then vacancies in the same craft in other installations; and finally vacancies in other crafts in other installations making the designations to minimize relocation hardships to the extent practicable.
- Part-time flexibles reassigned to another craft in the same installation shall be returned to the first part-time flexible vacancy within the craft and level from which reassigned.
- Part-time flexibles reassigned to other installations have retreat rights to the next such vacancy according to their standing on the part-time flexible roll in the los- ing installation but such retreat right does not extend to part-time flexibles who elect to request reassignment in place of the junior part-time flexibles.
- Retreat rights shall be honored until the employee withdraws or an opportunity to return is declined, with full seniority or relative standing held in the installation from which reassigned plus credit for service for the time away from the installation.
- Part-Time Regular Employees Part-time regular employees assigned in the craft unit shall be considered to be in a separate category. All provisions of this Section apply to part-time regular employees within their own category.
Section 12.7 Transfer Request[edit]
- Prior to hiring Mail Handlers, installation heads will consider requests for transfers submitted by Mail Handlers from other installations.
- Providing a written request for a voluntary transfer has been submitted, a written acknowledgment shall be given in a timely manner.
- An employee whose transfer is approved will be allowed to use up to five (5) days of annual leave or five (5) days leave without pay for purpose of transferring.
[See Memos, pages 168, 170, 173]