National Agreement 2006-2011 - NALC Branch 1100

Article 30.C.3
3. At any time a provision(s) of an LMOU becomes
inconsistent or in conflict as the result of the amendment
or modification of the National Agreement subsequent to
the local implementation period.
In such case, the party declaring a provision(s) inconsistent
or in conflict must provide the other party a detailed written
explanation of its position during the period of local
implementation, but no later than seven (7) days prior to the
expiration of that period. If the local parties are unable to
resolve the issue(s) during the period of local implementation,
the union may appeal the impasse to arbitration pursuant to the
procedures outlined above. If appealed, a provision(s) of an
LMOU declared inconsistent or in conflict will remain in
effect unless modified or eliminated through arbitration
decision or by mutual agreement.
[see Memo, page 187]
D. An alleged violation of the terms of an LMOU shall be
subject to the grievance-arbitration procedure.
E. When installations are consolidated or when a new
installation is established, the parties shall conduct a thirty
(30) day period of local implementation, pursuant to Section
B. All proposals remaining in dispute may be submitted to
final and binding arbitration, with the written authorization of
the national Union President or the Vice President, Labor
Relations. The request for arbitration must be submitted within
10 days of the end of the local implementation period.
F. Where the Postal Service, pursuant to Section C, submits
a proposal remaining in dispute to arbitration, which proposal
seeks to change a presently-effective LMOU, the Postal
Service shall have the burden of establishing that continuation
of the existing provision would represent an unreasonable burden
to the USPS.
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